Chapter 445
AN ACT
HB 2185
Relating to public health; creating new provisions; amending ORS
401.657, 401.661, 431.035, 433.001, 433.004, 433.009, 433.035, 433.040,
433.140, 433.156, 433.216, 433.220, 433.390, 433.441, 433.443, 433.446, 433.448,
433.452, 433.735, 433.755, 433.765, 433.767, 433.855, 433.865, 433.875, 433.990
and 466.605; and repealing ORS 431.140, 433.019, 433.022, 433.106, 433.130 and
433.135.
Be It Enacted by the People of
the State of
SECTION 1. ORS 431.035 is amended to read:
431.035. (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 in the director’s
name of any power, duty or function of whatever character vested in or imposed
upon the director by the laws of Oregon. However, the power to administer oaths
and affirmations, subpoena witnesses, take evidence and require the production
of books, papers, correspondence, memoranda, agreements or other documents or records
may be exercised by an officer or employee of the department only when
specifically delegated in writing by the director.
(2) The official act of
any such person so acting in the director’s name and by the authority of the
director shall be deemed to be an official act of the director.
(3)(a) The Director
of Human Services shall appoint a Public Health Director to perform the duties
and exercise authority over public health emergency matters in the state and
other duties as assigned by the Director of Human Services. The Director of
Human Services may appoint the same person to serve as both the Public Health
Director and the Public Health Officer appointed under ORS 431.045.
(b) The Public Health
Director shall be an assistant director appointed by the Director of Human
Services in accordance with ORS 409.130.
(c) The Public Health
Director shall delegate to an employee of the department the duties, powers and
functions granted to the Public Health Director by section 5 of this 2007 Act
and ORS 433.443 in the event of the absence from the state or the
unavailability of the director. The delegation must be in writing.
SECTION 2. Sections 3 to 5 of this 2007 Act are added
to and made a part of ORS 431.035 to 431.530.
SECTION 3. 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 or condition, the infectious agent of which may be
transmitted by any means from one person or from an animal to another person,
that may result in illness, death or severe disability.
(3) “Condition of public
health importance” means a disease, syndrome, symptom, injury or other threat
to public health that is identifiable on an individual or community level.
(4) “Disease outbreak”
means a significant or notable increase in the number of cases of a disease or
other condition of public health importance.
(5) “Epidemic” means the
occurrence in a community or region of a group of similar conditions of public
health importance that are in excess of normal
expectancy and derived from a common or propagated source.
(6) “Local public health
administrator” means the public health administrator of a county or health
district appointed under ORS 431.418 or the authorized representative of that
public health administrator.
(7) “Local public health
authority” means a county government, or a health district created under ORS
431.414 or a person or agency a county or health district has contracted with
to act as the local public health authority.
(8) “Public health law”
means any statute, rule or local ordinance that has the purpose of promoting or
protecting the public health and that establishes the authority of the
Department of Human Services, the Public Health Director, the Public Health
Officer, a local public health authority or local public health administrator
to enforce the statute, rule or local ordinance.
(9) “Public health
measure” means a test, medical examination, treatment, isolation, quarantine or
other measure imposed on an individual or group of individuals in order to
prevent the spread of or exposure to a communicable disease, toxic substance or
transmissible agent.
(10) “Reportable disease”
means a disease or condition, the reporting of which enables a public health
authority to take action to protect or to benefit the public health.
(11) “School” has the
meaning given that term in ORS 433.235.
(12) “Specimen” means
blood, sputum, urine, stool or other bodily fluids and wastes, tissues, and
cultures necessary to perform required tests.
(13) “Test” means any
diagnostic or investigative analyses or medical procedures that determine the
presence or absence of, or exposure to, a condition of potential public health
importance, or its precursor in an individual.
(14) “Toxic substance”
means a substance that may cause illness, disability or death to persons who
are exposed to it.
SECTION 4. (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 this section include, but are
not limited to, the authority to:
(a) Investigate possible
violations of public health laws;
(b) Issue subpoenas
requiring testimony or the production of physical or other evidence;
(c) Issue administrative
orders to enforce compliance with public health laws;
(d) Issue a notice of
violation of a public health law and impose a civil penalty as established by
rule not to exceed $500 a day per violation;
(e) Enter private
property at any reasonable time with consent of the owner or custodian of the
property to inspect, investigate, evaluate or conduct tests, or take specimens
or samples for testing, as may be reasonably necessary to determine compliance
with any public health law;
(f) Enter a public place
to inspect, investigate, evaluate, conduct tests, or take specimens or samples
for testing as may be reasonably necessary to determine compliance with the
provisions of any public health law;
(g) Seek an
administrative warrant from an appropriate court authorizing the inspection,
investigation, evaluation or testing, or taking of specimens or samples for
testing, if denied entry to property;
(h) Restrict access to
contaminated property;
(i)
Require removal or abatement of a toxic substance on any property and prescribe
the proper measures for the removal or abatement;
(j) Maintain a civil
action to enforce compliance with public health laws, including a petition to a
court for an order imposing a public health measure appropriate to the public
health threat presented;
(k) Refer any possible
criminal violations of public health laws to a district attorney or other
appropriate law enforcement official; and
(L) Request the Attorney
General to assist in the enforcement of the public health laws.
(2) Any administrative
actions undertaken by the state under this section shall comply with the
provisions of ORS chapter 183.
(3) State and local law
enforcement officials, to the extent resources are available, must assist the
Department of Human Services and local public health administrators in ensuring
compliance with administrative or judicial orders issued pursuant to this
section.
(4) Nothing in this
section shall be construed to limit any other enforcement authority granted by
law to a local public health authority or to the state.
SECTION 5. (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
Director determines that:
(a)(A) A communicable
disease, reportable disease, disease outbreak, epidemic or other condition of
public health importance has affected more than one county;
(B) There is an
immediate need for a consistent response from the state in order to adequately
protect the public health;
(C) The resources of the
local public health authority or authorities are likely to be quickly
overwhelmed or unable to effectively manage the required response; and
(D) There is a
significant risk to the public health; or
(b) A communicable
disease, reportable disease, disease outbreak, epidemic or other condition of
public health importance is reported in
(2) The Public Health
Director, after making the determinations required under subsection (1) of this
section, may take the following public health actions:
(a) Coordinate the
public health response across jurisdictions.
(b) Prescribe measures
for the:
(A) Identification,
assessment and control of the communicable disease or reportable disease,
disease outbreak, epidemic or other condition of public health importance; and
(B) Allocation and
distribution of antitoxins, serums, vaccines, immunizing agents, antibiotics,
antidotes and other pharmaceutical agents, medical supplies or personal protective
equipment.
(c) After consultation
with appropriate medical experts, create and require the use of diagnostic and
treatment guidelines and provide notice of those guidelines to health care
providers, institutions and facilities.
(d) Require a person to
obtain treatment and use appropriate prophylactic measures to prevent the
introduction or spread of a communicable disease or reportable disease, unless:
(A) The person has a
medical diagnosis for which a vaccination is contraindicated; or
(B) The person has a
religious or conscientious objection to the required treatments or prophylactic
measures.
(e) Notwithstanding ORS
332.075, direct a district school board to close a children’s facility or
school under the jurisdiction of the board. The authority granted to the Public
Health Director under this paragraph supersedes the authority granted to the
district school board under ORS 332.075 to the extent the authority granted to
the board is inconsistent with the authority granted to the director.
(f) Issue guidelines for
private businesses regarding appropriate work restrictions.
(g) Organize public
information activities regarding the public health response to circumstances
described in subsection (1) of this section.
(h) Adopt reporting
requirements for, and provide notice of those reporting requirements to, health
care providers, institutions and facilities for the purpose of obtaining
information directly related to the public health threat presented.
(i) Take control of
antitoxins, serums, vaccines, immunizing agents, antibiotics, antidotes and
other pharmaceutical agents, medical supplies or personal protective equipment.
(3) The authority
granted to the Public Health Director under this section is not intended to
override the general authority provided to a local public health authority
except as already permitted by law, or under the circumstances described in
subsection (1) of this section.
(4) If the Department of
Human Services adopts temporary rules to implement subsection (2) of this
section, the rules adopted are not subject to the provisions of ORS 183.335
(6)(a). The department may amend the temporary rules adopted under this
subsection as often as is necessary to respond to the public health threat.
(5) If it is necessary
for the department to purchase antitoxins, serums, vaccines, immunizing agents,
antibiotics, antidotes or other pharmaceutical agents, medical supplies or
personal protective equipment, the purchases are not subject to the provisions
of ORS chapter 279A, 279B or 279C.
(6) If property is taken
under the authority granted to the Public Health Director under subsection (2)
of this section, the owner of the property is entitled to reasonable
compensation from the state.
SECTION 5a. 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.
SECTION 6. ORS 433.001 is amended to read:
433.001. As used in ORS
433.001 to 433.045 and 433.106 to 433.770 unless the context requires
otherwise:
(1) “Communicable
disease” [means a disease or condition,
the infectious agent of which may be transmitted from one person or an animal
to another person, either by direct contact or through an intermediate host,
vector or inanimate object, and that may result in illness, death or severe
disability.] has the meaning given that term in section 3 of this 2007
Act.
(2) “Condition of public
health importance” has the meaning given that term in section 3 of this 2007
Act.
[(2)] (3) “Department” means the Department of Human
Services.
[(3)] (4) “Director” means the Director of Human Services.
(5) “Isolation” means
the physical separation and confinement of a person or group of persons who are
infected or reasonably believed to be infected with a communicable disease or
possibly communicable disease from nonisolated persons to prevent or limit the
transmission of the disease to nonisolated persons.
[(4)] (6) “Local public health administrator” [means the local public health administrator
of the county or district under ORS 431.418 or the authorized representative of
the public health administrator] has the meaning given that term in
section 3 of this 2007 Act.
(7) “Local public
health authority” has the meaning given that term in section 3 of this 2007
Act.
[(5)] (8) “Property” means animals, inanimate objects,
vessels, public conveyances, buildings and all other real or personal property.
[(6)] (9) “Public health measure” [means isolation, quarantine or other preventative public health measure
imposed on persons or property in order to prevent the spread of or exposure to
diseases or contaminants of threat to the public] has the meaning given
that term in section 3 of this 2007 Act.
(10) “Quarantine” means
the physical separation and confinement of a person or group of persons who
have been or may have been exposed to a communicable disease or possibly
communicable disease and who do not show signs or symptoms of a communicable
disease, from persons who have not been exposed to a communicable disease or
possibly communicable disease, to prevent or limit the transmission of the
disease to other persons.
[(7)] (11) “Reportable disease” [means a disease or condition, the reporting
of which enables a public health agency to take action to protect or to benefit
the public health] has the meaning given that term in section 3 of this
2007 Act.
[(8)] (12) “Toxic substance” [means a substance that may cause illness,
disability or death to persons who are exposed to it] has the meaning
given that term in section 3 of this 2007 Act.
SECTION 6a. ORS 433.004 is amended to read:
433.004. (1) The
Department of Human Services shall by rule:
(a) Specify reportable
diseases;
(b) Identify those
categories of persons who must report reportable diseases and the circumstances under which the reports must be made;
(c) Prescribe the
procedures and forms for making such reports and transmitting the reports to
the department; and
(d) Prescribe measures
for investigating the source and controlling reportable diseases.
(2) Persons required
under the rules to report reportable diseases shall do so by reporting to the
local public health administrator. The local public health administrator shall
transmit such reports to the department.
(3) In addition to other
grounds for which a state agency may exercise disciplinary action against its
licensees or certificate holders, the substantial or repeated failure of [such] a licensee or certificate holder
to report when required to do so under subsection (2) of this section [when required by department rule to do so]
shall be cause for the exercise of any of [such]
the agency’s disciplinary powers.
(4) Any person making
a report under this section is immune from any civil or criminal liability that
might otherwise be incurred or imposed with respect to the making of a report
under this section or to the contents of the report.
SECTION 6b. ORS 433.009 is amended to read:
433.009. (1)
Notwithstanding ORS 192.501 (3), 192.502 (2) and 433.045, if, during the course
of a criminal investigation, a law enforcement unit acquires information that
the person who is charged with a crime or sentenced for a crime has a
reportable disease, the law enforcement unit shall disclose that information to
the public health authorities who shall confirm the diagnosis and notify any
police officer, corrections officer or emergency medical technician who had
significant exposure to the person.
(2) As used in this
section:
(a) “Emergency medical
technician” has the meaning given that term in ORS 682.025.
(b) “Law enforcement
unit,” “police officer” and “corrections officer” have the meanings given those
terms in ORS 181.610.
[(c) “Reportable disease” has the meaning given the term in ORS 433.001.]
(c) “Reportable
disease” means a disease or condition, the reporting of which enables a public
health authority to take action to protect or to benefit the public health.
SECTION 6c. ORS 433.040 is amended to read:
433.040. (1) As used in this section, “vaccine” includes vaccines, immune
products and chemoprophylactic medications.
(2) When the State
Health Officer of the Department of Human Services determines that there is
clear evidence that adverse and avoidable health outcomes from a preventable
and acute communicable disease are expected to affect identifiable categories
of high-risk individuals throughout Oregon and that assistance with the
administration of vaccine is warranted due to a vaccine shortage to protect or
treat such individuals, the health officer shall implement the Oregon Vaccine
Education and Prioritization Plan as provided in subsection (3) of this
section.
(3) The Department of
Human Services shall develop and adopt by rule the Oregon Vaccine Education and
Prioritization Plan to protect the public health during a vaccine shortage. The
plan shall consist of:
(a) Guidelines for
physicians, nurses, hospitals, health systems, pharmacies and others that hold
vaccines for the distribution and administration of vaccines. The guidelines
shall include, but are not limited to, a definition of high-risk groups for
priority protection or treatment in the event a vaccine shortage is imminent;
(b) Rules for imposing a
civil penalty of $500 against persons who knowingly violate the guidelines for
each repeat violation of the guidelines; and
(c) Procedures for:
(A) Mobilizing public
and private health resources to assist in vaccine distribution and
administration; and
(B) Notifying health
professional regulatory boards and licensing authorities of repeated violations
of the guidelines by health professionals regulated by the board or licensed by
the authority.
(4) If the department
adopts temporary rules to implement subsection (2) of this section, the rules
adopted are not subject to the requirements of ORS 183.335 (6)(a).
The department may amend the temporary rules adopted pursuant to subsection (3)
of this section as often as is necessary to respond to a vaccine shortage.
SECTION 7. Sections 8 to 17 of this 2007 Act are added
to and made a part of ORS 433.106 to 433.770.
SECTION 8. (1) The Public Health Director or a local
public health administrator may issue an emergency administrative order causing
a person or group of persons to be placed in isolation or quarantine if the
Public Health Director or the local public health administrator has probable
cause to believe that a person or group of persons requires immediate detention
in order to avoid a clear and immediate danger to others and that
considerations of safety do not allow initiation of the petition process set
out in section 9 of this 2007 Act. An administrative order issued under this
section must:
(a) Identify the person
or group of persons subject to isolation or quarantine;
(b) Identify the
premises where isolation or quarantine will take place, if known;
(c)(A) Describe the
reasonable efforts made to obtain voluntary compliance with a request for an
emergency public health action including requests for testing or medical
examination, treatment, counseling, vaccination, decontamination of persons or
animals, isolation, quarantine, and inspection and closure of facilities; or
(B) Explain why
reasonable efforts to obtain voluntary compliance are not possible and why the
pursuit of these efforts creates a risk of serious harm to others;
(d) Describe the
suspected communicable disease or toxic substance, if known, that is the basis
for the issuance of the emergency administrative order and the anticipated
duration of isolation or quarantine based on the suspected communicable disease
or toxic substance;
(e) Provide information
supporting the reasonable belief of the Public Health Director or the local
public health administrator that the person or group of persons is, or is
suspected to be, infected with, exposed to, or contaminated with a communicable
disease or toxic substance that could spread to or contaminate others if
remedial action is not taken;
(f) Provide information
supporting the reasonable belief of the Public Health Director or the local
public health administrator that the person or group of persons would pose a
serious and imminent risk to the health and safety of others if not detained
for purposes of isolation or quarantine;
(g) Describe the medical
basis for which isolation or quarantine is justified and explain why isolation
or quarantine is the least restrictive means available to prevent a risk to the
health and safety of others;
(h)
Establish the time and date at which the isolation or quarantine commences; and
(i) Contain a statement
of compliance with the conditions of and principles for isolation and
quarantine specified in section 12 of this 2007 Act.
(2) In lieu of issuing
an emergency administrative order under subsection (1) of this section, the
Public Health Director or a local public health administrator may petition the
court for a written ex parte order. The petition to the court and the court’s
order must include the information described in subsection (1) of this section.
(3) Within 12 hours of
the issuance of an order under subsection (1) or (2) of this section, the
person or group of persons detained or sought for detention must be personally
served with the written notice required by section 10 of this 2007 Act and with
a copy of any order issued under subsection (1) or (2) of this section. If
copies of the notice and order cannot be personally served in a timely manner
to a group of persons because the number of persons in the group makes personal
service impracticable, the Public Health Director or the local public health
administrator may post the notice and order in a conspicuous place where the
notice and order can be viewed by those detained or may find other means to
meaningfully communicate the information in the notice and order to those
detained.
(4) A person or group of
persons detained pursuant to an order issued under subsection (1) or (2) of
this section may not be detained for longer than 72 hours unless a petition is
filed under section 9 of this 2007 Act.
(5) If the detention of
a person or group of persons for longer than 72 hours is deemed necessary,
immediately following the issuance of an order under subsection (1) or (2) of
this section, the Public Health Director or the local public health
administrator must petition the court in accordance with section 9 of this 2007
Act.
(6) A person or group of
persons detained under subsection (1) or (2) of this section has the right to
be represented by legal counsel in accordance with section 11 of this 2007 Act.
SECTION 9. (1) The Public Health Director or a local
public health administrator may petition the court for an order authorizing:
(a) The isolation or
quarantine of a person or group of persons; or
(b) The continued
isolation or quarantine of a person or group of persons detained under section
8 of this 2007 Act.
(2) A petition filed
under subsections (1) and (9) of this section must:
(a) Identify the person
or group of persons subject to isolation or quarantine;
(b) Identify the
premises where isolation or quarantine will take place, if known;
(c)(A) Describe the
reasonable efforts made to obtain voluntary compliance with a request for an
emergency public health action, including requests for testing or medical
examination, treatment, counseling, vaccination, decontamination of persons or
animals, isolation, quarantine and inspection and closure of facilities; or
(B) Explain why
reasonable efforts to obtain voluntary compliance are not possible and why the
pursuit of these efforts creates a risk of serious harm to others;
(d) Describe the suspected
communicable disease or toxic substance, if known, and the anticipated duration
of isolation or quarantine based on the suspected communicable disease,
infectious agent or toxic substance;
(e) Provide information
supporting the reasonable belief of the Public Health Director or the local
public health administrator that the person or group of persons is, or is
suspected to be, infected with, exposed to, or contaminated with a communicable
disease or toxic substance that could spread to or contaminate others if
remedial action is not taken;
(f) Provide information
supporting the reasonable belief of the Public Health Director or the local
public health administrator that the person or group of persons would pose a
serious risk to the health and safety of others if not detained for purposes of
isolation or quarantine;
(g) Describe the medical
basis for which isolation or quarantine is justified and explain why isolation
or quarantine is the least restrictive means available to prevent a serious
risk to the health and safety of others;
(h)
Establish the time and date on which the isolation or quarantine commences; and
(i) Contain a statement
of compliance with the conditions of and principles for isolation and
quarantine specified in section 12 of this 2007 Act.
(3) The person or group
of persons detained or sought for detention must be personally served with a
copy of the petition filed with the court under subsection (1) of this section
and with the written notice required by section 10 of this 2007 Act. If copies
of the petition and notice cannot be personally served in a timely manner to a
group of persons because the number of persons in the group makes personal
service impracticable, the Public Health Director or the local public health
administrator may post the petition and notice in a conspicuous place where the
petition and notice can be viewed by those detained or may find other means to
meaningfully communicate the information in the petition and notice to those
detained.
(4) A person or group of
persons subject to a petition filed under subsection (1) or (9) of this section
has the right to be represented by legal counsel in accordance with section 11
of this 2007 Act.
(5) The filing of a
petition under subsection (1) of this section to continue isolation or
quarantine for a person or group of persons detained under an emergency
administrative order issued under section 8 of this 2007 Act extends the
isolation or quarantine order until the court holds a hearing pursuant to
subsection (6) of this section.
(6)(a) The court shall
hold a hearing on a petition filed under subsection (1) of this section within
72 hours of the filing of the petition, exclusive of Saturdays, Sundays and
legal holidays.
(b) In extraordinary
circumstances and for good cause shown, or with consent of the affected
persons, the Public Health Director or the local public health administrator
may apply to continue the hearing date for up to 10 days. The court may grant a
continuance at its discretion, giving due regard to the rights of the affected
persons, the protection of the public health, the severity of the public health
threat and the availability of necessary witnesses and evidence.
(c) The hearing required
under this subsection may be waived by consent of the affected persons.
(d) The provisions of
ORS 40.230, 40.235 and 40.240 do not apply to a hearing held under this
subsection. Any evidence presented at the hearing that would be privileged and
not subject to disclosure except as required by this paragraph shall be
disclosed only to the court, the parties and their legal counsel or persons
authorized by the court and may not be disclosed to the public.
(7) If a person or group
of persons who is the subject of a petition filed under subsection (1) or (9)
of this section cannot personally appear before the court because personal
appearance poses a risk of serious harm to others, the court proceeding may be
conducted by legal counsel for the person or group of persons and be held at a
location or via any means that allows all parties to fully participate.
(8) The court shall
grant the petition if, by clear and convincing evidence, the court finds that
isolation or quarantine is necessary to prevent a serious risk to the health
and safety of others. In lieu of or in addition to isolation or quarantine, the
court may order the imposition of other public health measures appropriate to
the public health threat presented. The court order must:
(a) Specify the maximum
duration for the isolation or quarantine, which may not exceed 60 days unless
there is substantial medical evidence indicating that the condition that is the
basis of the public health threat is spread by airborne transmission and cannot
be rendered noninfectious within 60 days or may recur after 60 days, in which
case the maximum duration of the isolation or quarantine may not exceed a
period of 180 days;
(b) Identify the person
or group of persons subject to the order by name or shared or similar
characteristics or circumstances;
(c) Specify the factual
findings warranting imposition of isolation, quarantine or another public
health measure;
(d) Include any
conditions necessary to ensure that isolation or quarantine is carried out
within the stated purposes and restrictions of this section; and
(e) Be served on all
affected persons or groups in accordance with subsection (3) of this section.
(9) Prior to the
expiration of a court order issued under subsection (8) or (10) of this
section, the Public Health Director or the local public health administrator
may petition the court to continue isolation or quarantine. A petition filed
under this subsection must comply with the requirements of subsections (2) to
(8) of this section.
(10)(a) The court will
hold a hearing on a petition filed under subsection (9) of this section within
72 hours of filing, exclusive of Saturdays, Sundays and legal holidays.
(b) In extraordinary
circumstances and for good cause shown, or with consent of the affected
persons, the Public Health Director or the local public health administrator
may apply to continue the hearing date for up to 10 days. The court may grant a
continuance at its discretion, giving due regard to the rights of the affected
persons, the protection of the public health, the severity of the public health
threat and the availability of necessary witnesses and evidence.
(c) The hearing required
under this subsection may be waived by consent of the affected parties.
(d) The court may
continue the isolation or quarantine order if the court finds there is clear
and convincing evidence that continued isolation or quarantine is necessary to
prevent a serious threat to the health and safety of others. In lieu of or in
addition to continued isolation or quarantine, the court may order the
imposition of a public health measure appropriate to the public health threat
presented.
(e) An order issued
under this subsection must comply with the requirements of subsection (8) of
this section.
(11) An order issued
under subsection (10) of this section shall be for a period not to exceed 60
days and shall be served on all affected parties in accordance with subsection
(3) of this section.
(12) In no case may a
person or group of persons be in quarantine or isolation for longer than 180
days unless, following a hearing, a court finds that extraordinary
circumstances exist and that the person or group of persons subject to
isolation or quarantine continues to pose a serious threat to the health and
safety of others if detention is not continued.
(13) Failure to obey a
court order issued under this section shall subject the person in violation of
the order to contempt proceedings under ORS 33.015 to 33.155.
SECTION 10. (1) The Public Health Director or the local
public health administrator shall provide the person or group of persons detained
or sought for detention under section 8 or 9 of this 2007 Act with a written
notice informing the person or group of persons of:
(a) The right to legal
counsel, including how to request and communicate with counsel;
(b) The right to
petition the court for release from isolation or quarantine and the procedures
for filing a petition;
(c) The conditions of
and principles of isolation and quarantine specified in section 12 of this 2007
Act;
(d) The right to
petition the court for a remedy regarding a breach of the conditions of
isolation or quarantine imposed on the person or group of persons and the
procedures for filing a petition; and
(e) The sanctions that
may be imposed for violating an order issued under section 8 or 9 of this 2007
Act.
(2) The Public Health
Director or the local public health administrator must ensure, to the extent
practicable, that the person or group of persons receives the notice required
under this section in a language and in a manner the person or group of persons
can understand.
(3) The Public Health
Director may adopt rules prescribing the form of notice required by this
section.
SECTION 11. (1) A person or group of persons subject to
isolation or quarantine or other public health measure pursuant to section 8 or
9 of this 2007 Act has the right to be represented by legal counsel if the
person or group of persons so elects. If the person or group of persons requests legal counsel and cannot afford counsel,
the court shall appoint legal counsel. If no request for legal counsel is made,
the court must appoint legal counsel unless counsel is expressly, knowingly and
intelligently refused by the person or the group of persons. The person or the
group of persons may request legal counsel at any time during the period of
imposition of the isolation, quarantine or other public health measure.
(2) If a person is
unable to afford legal counsel, the public defense services executive director
shall determine and pay, as provided in ORS 135.055, the reasonable expenses of
the person and compensation for legal counsel appointed to represent the
person.
SECTION 12. When isolating or quarantining a person or
group of persons in accordance with section 8 or 9 of this 2007 Act, the Public
Health Director or the local public health administrator shall adhere to the
following conditions and principles:
(1) Isolation or
quarantine must be by the least restrictive means necessary to prevent the
spread of a communicable disease or possibly communicable disease to others or
to limit exposure to or contamination with a toxic substance by others, and may
include, but is not limited to, confinement to private homes or other public or
private premises.
(2) Confinement may not
be in a prison, jail or other facility where those charged with a crime or a violation of a municipal ordinance are incarcerated
unless:
(a) The person or group
of persons represents an immediate and serious physical threat to the staff or
physical facilities of a hospital or other facility in which the person or
group of persons has been confined; or
(b) A person has been
found in contempt of court because of failure to obey a court order.
(3) Isolated persons
must be confined separately from quarantined persons. If a facility is not
capable of separating isolated persons from quarantined persons, either the
isolated persons or the quarantined persons must be moved to a separate
facility.
(4) The health status of
an isolated or quarantined person must be monitored regularly to determine if
the person requires continued isolation or quarantine.
(5) A quarantined person
who subsequently becomes infected or is reasonably believed to have become
infected with a communicable disease or possibly communicable disease that the
Public Health Director or the local public health administrator believes poses
a significant threat to the health and safety of other quarantined persons must
be promptly placed in isolation.
(6) An isolated or
quarantined person must be released as soon as practicable when the Public
Health Director or local public health administrator determines that the person
has been successfully decontaminated or that the person no longer poses a
substantial risk of transmitting a communicable disease or possibly
communicable disease that would constitute a serious or imminent threat to the
health and safety of others.
(7) The needs of a
person who is isolated or quarantined must be addressed to the greatest extent
practicable in a systematic and competent fashion, including, but not limited
to, providing adequate food, medication, competent medical care, clothing,
shelter and means of communication with other persons who are in isolation or
quarantine and persons who are not under isolation or quarantine.
(8) Premises used for
isolation or quarantine must, to the extent practicable, be maintained in a
safe and hygienic manner to lessen the likelihood of further transmission of a
communicable disease or possibly communicable disease or of further harm to
persons who are isolated and quarantined.
(9) Cultural and religious
beliefs should be considered to the extent practicable in addressing the needs
of persons who are isolated or quarantined and in establishing and maintaining
premises used for isolation or quarantine.
(10)(a) Isolation or
quarantine shall not abridge the right of any person to rely exclusively on
spiritual means to treat a communicable disease or possibly communicable
disease in accordance with religious or other spiritual tenets and practices.
(b) Nothing in sections
10 to 17 of this 2007 Act prohibits a person who relies exclusively on
spiritual means to treat a communicable disease or possibly communicable
disease and who is infected with a communicable disease or has been exposed to
a toxic substance from being isolated or quarantined in a private place of the
person’s own choice, provided the private place is approved by the Public
Health Director or the local health administrator and the person who is
isolated or quarantined complies with all laws, rules and regulations governing
control, sanitation, isolation and quarantine.
(11) Prior to placing a
person or group of persons subject to isolation or quarantine in a health care
facility as defined in ORS 442.015, the Public Health Director or the local
public health administrator must provide to the managers of the health care
facility notice of the intention to seek authorization from the court to place
a person or group of persons in isolation or quarantine in the facility and
must consult with the managers of the health care facility regarding how to
best meet the requirements of this section.
(12) The Public Health
Director or local public health administrator shall provide adequate means of
communication between a person or a group of persons who is isolated or
quarantined and legal counsel for the person or group of persons.
SECTION 13. (1) Entry into premises used for isolation
or quarantine shall be allowed under the following conditions:
(a) The Public Health
Director or the local public health administrator may authorize physicians or
other health care workers or other persons access to persons or groups of
persons who are in isolation or quarantine pursuant to section 8 or 9 of this
2007 Act as necessary to meet the needs of isolated or quarantined persons;
(b) Only persons authorized
by the Public Health Director or the local public health administrator may
enter premises used for isolation or quarantine;
(c) An authorized person
entering premises used for isolation or quarantine shall be provided with
infection control training and may be required to wear personal protective
equipment or to receive vaccinations as determined by the Public Health
Director or the local public health administrator; and
(d) A person entering
premises used for isolation or quarantine with or without authorization of the
Public Health Director or the local public health administrator may become
subject to isolation or quarantine.
(2) Persons subject to
isolation or quarantine and other persons entering premises used for isolation
or quarantine are subject to rules and orders adopted by the Public Health
Director or the local public health administrator. Failure to comply with rules
and orders adopted by the Public Health Director or the local
public health administrator is a Class D violation.
(3) If a health care
facility as defined in ORS 442.015 is used as a premises for isolation or
quarantine, the Public Health Director or the local public health administrator
must consult with the managers of the health care facility regarding how best
to meet the requirements of this section.
(4) Nothing in this
section prohibits a physician or other health care worker in a health care
facility from having access to a person or a group of persons who is in
isolation or quarantine pursuant to section 8 or 9 of this 2007 Act if the
infection control procedures and other precautions determined necessary by the
Public Health Director are adhered to by the facility and the physician or
other health care worker seeking access to the isolated or quarantined person.
SECTION 14. (1)(a) Any person or group of persons who
is isolated or quarantined pursuant to section 8 or 9 of this 2007 Act may
apply to the court for an order to show cause why the
individual or group should not be released.
(b) The court shall rule
on the application to show cause within 48 hours of the filing of the
application.
(c) The court must grant
the application if there is a reasonable basis to support the allegations in
the application, and the court shall schedule a hearing on the order requiring
the Department of Human Services to appear and to show cause within five
working days of the filing of the application.
(d) The issuance of an
order to show cause and ordering the department to appear and show cause does
not stay or enjoin an isolation or quarantine order.
(2)(a) A person or group
of persons who is isolated or quarantined may request a hearing in the court
for remedies regarding breaches of the conditions of isolation or quarantine
required by section 12 of this 2007 Act.
(b) The court must hold
a hearing if there is a reasonable basis to believe there has been a breach of
the conditions of isolation or quarantine required by section 12 of this 2007
Act.
(c) A request for a
hearing shall not stay or enjoin an order for isolation or quarantine.
(d) Upon receipt of a
request under this subsection alleging extraordinary circumstances justifying
the immediate granting of relief, the court shall hold a hearing on the matters
alleged as soon as practicable.
(e) If a hearing is not
granted under paragraph (c) of this subsection, the court shall hold a hearing
on the matters alleged within five days from receipt of the request.
(3) In any proceedings
brought for relief under this section, in extraordinary circumstances and for
good cause shown, or with consent of the petitioner or petitioners the Public
Health Director or local public health administrator may move the court to
extend the time for a hearing. The court in its discretion may grant the
extension giving due regard to the rights of the affected persons, the
protection of the public health, the severity of the emergency and the
availability of necessary witnesses and evidence.
(4) If a person or group
of persons who is detained cannot personally appear before the court because
such an appearance poses a risk of serious harm to others, the court proceeding
may be conducted by legal counsel for the person or group of persons and be
held at a location or via any means that allows all parties to fully
participate.
(5) If the court finds,
by clear and convincing evidence, that a person or group of persons no longer
poses a serious risk to the health and safety to others, the court may order
the release of that person or group of persons from isolation or quarantine.
(6) If the court finds
by clear and convincing evidence that a person or group of persons is not being
held in accordance with the conditions of isolation or quarantine required by
section 12 of this 2007 Act, the court may order an appropriate remedy to
ensure compliance with section 12 of this 2007 Act.
SECTION 15. Upon receiving multiple petitions under
sections 9, 14 or 17 of this 2007 Act, to promote the fair and efficient
operation of justice and having given due regard to the rights of affected
persons, the severity of the threat to the public health, and the availability
of necessary witnesses and evidence, a court may order the consolidation of the
proceedings when:
(1) The number of
persons involved or to be affected is so large that individual participation is
rendered impracticable;
(2) There are questions
of law or fact common to the individual petitions or rights to be determined;
(3) The group petitioner
rights to be determined are typical of the affected persons’ petitions or
rights; and
(4) The entire group
will be adequately represented in the consolidation.
SECTION 16. State and local law enforcement officials,
to the extent resources are available, must assist the Public Health Director
or the local public health administrator in enforcing orders issued under
sections 8, 9 and 17 of this 2007 Act.
SECTION 17. (1) As used in this section, “to isolate
property” means to restrict access to property in a manner that reduces or
prevents exposure to a toxic substance by persons.
(2) The Public Health
Director or a local public health administrator may petition the court to
isolate property if there is reason to believe the property is contaminated
with a toxic substance that poses a serious risk to the health and safety of
others.
(3) The petition must:
(a) Describe the
property subject to isolation;
(b)(A) Describe the
reasonable efforts made to obtain voluntary compliance from the owner or
custodian of the property with public health measures necessary to isolate the
property; or
(B) Explain why reasonable
efforts to obtain voluntary compliance are not possible and why the pursuit of
these efforts creates a risk of serious harm to others;
(c) Describe the
suspected toxic substance and the health effects of exposure to the toxic
substance;
(d) Provide information
supporting the reasonable belief of the Public Health Director or the local
public health administrator that the toxic substance could spread to or
contaminate others if remedial action is not taken;
(e) Provide information
supporting the reasonable belief of the Public Health Director or the local
public health administrator that the toxic substance poses a serious risk to
the health and safety of others if the property is not isolated;
(f) Explain why
isolation of the property is the least restrictive means available to prevent a
serious risk to the health and safety of others; and
(g) Explain whether the
property subject to isolation can be decontaminated or whether the property
must be destroyed.
(4) The petition must be
personally served on the owner or custodian of the property.
(5)(a) The court must
hold a hearing within 72 hours of the filing of the petition, exclusive of
Saturdays, Sundays and legal holidays.
(b) For good cause
shown, or with consent of the affected owner or custodian of the property, the
Public Health Director or the local public health administrator may apply to
continue the hearing date for up to 10 days, which continuance the court may
grant at its discretion giving due regard to the rights of the affected owner or
custodian of the property, the protection of the public health, the severity of
the public health threat and the availability of necessary witnesses and
evidence.
(c) A hearing may be
waived by the owner or custodian of the property.
(6) The court shall
grant the petition if, by clear and convincing evidence, the court finds that
isolation of property contaminated with a toxic substance is necessary to
prevent a serious risk to the health and safety of others. An order authorizing
isolation shall be in effect until the toxic substance no longer poses a
serious risk to the health and safety of others.
(7) The court order
must:
(a) Identify the
property to be isolated;
(b) Specify factual
findings warranting isolation, including a description of the toxic substance
believed to be contaminating the property;
(c) Include any
conditions necessary to ensure that isolation is carried out within the stated
purposes and restrictions of this section; and
(d) Describe the
remedial actions necessary to neutralize or remove the contamination.
SECTION 18. ORS 433.035 is amended to read:
433.035. (1)(a) [Whenever the Director of Human Services or
any local public health administrator reasonably believes any person within the
jurisdiction of the director or local public health administrator has any] The
Public Health Director or a local public health administrator may require
testing or medical examination of any person who may have, or may have been
exposed to, a communicable disease identified by rule of the Department of
Human Services to be a reportable disease, a new or uncommon disease of
potential public health significance, or a condition that is the basis of a
state of [impending public health crisis]
public health emergency declared by the Governor as authorized by ORS
433.441[, the director or local public
health administrator may cause a medical examination to be made of such person
to determine whether the person has a communicable disease]. The [person who orders an] Public Health
Director or the local public health administrator must issue a written order
for testing or medical examination pursuant to this section. [shall, in the order, make written]
(b) A written order
must:
(A) Include findings stating the communicable disease
that the [person ordering the examination]
Public Health Director or the local public health administrator believes
the person has[,]
and the reasons for that belief.[, that]
(B) State whether
medical or laboratory confirmation of the disease is feasible and possible and
[that] whether such
confirmation would enable control measures to be taken to minimize infection of
others with the disease. [The order shall
also]
(C) Include a
statement that the person may refuse to submit to the testing or medical
examination and that if [so, a public
health measure may be imposed] the testing or examination is refused,
the Public Health Director or the local public health administrator may seek
the imposition of a public health measure, including isolation or quarantine
pursuant to section 8 or 9 of this 2007 Act.
(2) When [any] a person is directed to
submit to [an] a test or
examination under [subsection (1) of]
this section and the person agrees to do so, the person shall submit to [such] any testing or examination
as may be necessary to establish the presence or absence of the communicable
disease for which the [medical] testing
or examination was directed. The examination shall be carried out by the
local health officer or a physician licensed by the Board of Medical Examiners
for the State of Oregon or the Board of Naturopathic Examiners. A written
report of the results of [such] the
test or examination shall be [made]
provided to the person ordering the test or examination, and
upon request, to the person tested or examined. Laboratory examinations, if
any, shall be carried out by the laboratory of the department whenever [such] the examinations are within
the scope of the tests conducted by the laboratory. If treatment is needed, the
person or[,] the parent or guardian of the person
shall be liable for the costs of treatment based on the examination carried out
under this section, [when] if the
person liable is able to pay [such]
the treatment costs. Cost of any examination performed by a physician in
private practice shall be paid from public funds available to the local public
health administrator, if any, or from county funds available for general
governmental expenses in the county [for
which] that the local public health administrator serves or in the
county where the person tested or examined resides if the local public
health administrator serves more than one county or the test or
examination was ordered by the [director]
Public Health Director or local public health administrator.
[(3) If the person directed to submit to a medical examination pursuant
to subsection (1) of this section refuses to do so the director or the local
public health administrator may impose a public health measure pursuant to ORS
433.019, 433.022 and 433.106.]
[(4) In any proceeding under ORS 433.019, 433.022 and 433.106, the lack
of confirming medical or laboratory evidence that could be obtained by an
examination which was refused when requested under this section shall not
preclude a finding that probable cause exists.]
(3) If a person has a
communicable disease, a new or uncommon disease of potential public health
significance, or a condition that is the basis of a state of public health
emergency, the Public Health Director or the local public health administrator
may issue an order requiring the person to complete an appropriate prescribed
course of medication or other treatment for the communicable disease, including
directly observed therapy if appropriate, and to follow infection control
provisions for the disease. The order shall also include statements that the
person may refuse the medication or other treatment and that the person’s
failure to comply with the order issued under this subsection may result in the
Public Health Director or the local public health administrator seeking the
imposition of a public health measure, including isolation or quarantine as
authorized by sections 8 and 9 of this 2007 Act.
(4) The Public Health
Director or the local public health administrator must make every effort to
obtain voluntary compliance from a person for any testing, medical examination
and treatment required under this section.
(5) Any action taken by
the Public Health Director or the local public health administrator under this
section to compel testing, medical examination or treatment of a person who has
a communicable disease, a new or uncommon disease of potential public health
significance, or a condition that is the basis of a state of public health
emergency must be the least restrictive alternative available to accomplish the
results necessary to minimize the transmission of the disease to others.
SECTION 18a. ORS 433.156 is amended to read:
433.156. All state and
local [police officers] law
enforcement authorities shall cooperate with any officer authorized to
impose isolation or quarantine in the enforcement thereof.
SECTION 19. ORS 433.216 is amended to read:
433.216. If the [Director of Human Services] Public
Health Director finds that there is an imminent risk of the introduction
into the state by means of any public or private conveyance of any dangerous
communicable disease or toxic substance which presents a substantial threat to
public health, the director may detain such conveyance for inspection or
investigation.
SECTION 20. ORS 433.220 is amended to read:
433.220. (1) If upon
inspection pursuant to ORS 433.216, there is discovered among the passengers or
goods [therein] being transported
by any public or private conveyance the existence of any communicable
disease or toxic substance [which] that
presents a substantial threat to public health, the [Director of Human Services] Public Health Director, under
rules of the Department of Human Services may:
(a) Issue an order
for testing, medical examination or treatment under ORS 433.035.
[(a)] (b) Isolate or quarantine [or impose other public health measures on] such persons or goods in
accordance with [ORS 433.019, 433.022 and
433.106] section 8, 9 or 17 of this 2007 Act.
[(b)] (c) Cause the passengers and material in the involved
conveyance to be subjected to requirements by the Department of Human
Services for the control of the specific communicable disease or prevention
of harm to the public health from the toxic substance.
[(c)] (d) Offer free immunization in those diseases to which
such prophylactic treatment is applicable to all persons exposed in any
conveyance.
(2) Should any question
arise as to the existence of any emergency, the Public Health Director
shall have final jurisdiction.
SECTION 21. Sections 22 and 28 of this 2007 Act are
added to and made a part of ORS 433.441 to 433.452.
SECTION 22. As used in ORS 433.441 to 433.452:
(1) “Bioterrorism” means
the intentional use of any microorganism, virus, infectious substance or
biological product to cause death, disease or other biological harm to a human,
an animal, a plant or another living organism.
(2) “Communicable
disease” has the meaning given that term in section 3 of this 2007 Act.
(3) “Local public health
authority” has the meaning given that term in section 3 of this 2007 Act.
(4) “Public health emergency”
means an occurrence or imminent threat of an illness or health condition that:
(a) Is believed to be
caused by any of the following:
(A) Bioterrorism;
(B) The appearance of a
novel or previously controlled or eradicated infectious agent or biological
toxin that may be highly contagious;
(C) An epidemic of
communicable disease; or
(D) A natural disaster,
a chemical attack or accidental chemical release or a nuclear attack or nuclear
accident; and
(b) Poses a high
probability of any of the following harms:
(A) A large number of
deaths in the affected population;
(B) A large number of
serious or long-term disabilities in the affected population; or
(C) Widespread exposure
to an infectious or toxic agent that poses a significant risk of substantial
future harm to a large number of persons in the affected population.
(5) “Public health
measure” has the meaning given that term in section 3 of this 2007 Act.
SECTION 23. ORS 433.441 is amended to read:
433.441. (1) Upon the
occurrence of a public health emergency, the Governor may [proclaim a state of impending public health
crisis after determining that a threat to the public health is imminent and
likely to be widespread, life-threatening and of a scope that requires
immediate medical action as authorized] declare a state of public health
emergency as authorized by ORS 433.441 to 433.452 to protect the public
health.
(2) A proclamation of a
state of [impending public health crisis]
public health emergency must specify:
(a) The nature of the [impending public health crisis. A public health crisis can result from
bioterrorism, chemical or radiological contamination, pandemic influenza or any
other unusual or extraordinary incidence of a communicable or reportable
disease.] public health emergency;
(b) The political
subdivision or geographic area subject to the proclamation;
(c) The conditions that
have brought about the public health emergency; and
(d) The duration of the
state of public health emergency, if the duration is less than 14 days.
(3) During a public
health emergency, the Governor may:
(a) Close, order the
evacuation of or the decontamination of any facility the Governor has
reasonable cause to believe may endanger the public health.
(b) Regulate or restrict
by any means necessary the use, sale or distribution of food, fuel, medical
supplies, medicines or other goods and services.
(c) Prescribe modes of
transportation, routes and destinations required for the evacuation of
individuals or the provision of emergency services.
(d) Control or limit
entry into, exit from, movement within and the occupancy of premises in any
public area subject to or threatened by a public health emergency if such
actions are reasonable and necessary to respond to the public health emergency.
(e) Take any other
action that may be necessary for the management of resources, or to protect the
public during a public health emergency, including any actions authorized under
ORS 401.065, 401.074, 401.085 and 401.095.
[(3)] (4) Nothing in ORS 433.441 to 433.452 limits the
authority of the Governor to declare a state of emergency under ORS 401.055. If
a state of emergency is declared as authorized under ORS 401.055, the Governor
may implement any action authorized by ORS 433.441 to 433.452.
[(4)] (5) A proclamation of a state of [impending public health crisis] public health emergency
expires when terminated by a declaration of the Governor or no more than
14 days after the date [it] the
public health emergency is proclaimed unless the Governor expressly
extends the proclamation [is
expressly extended] for an additional 14-day period [by the Governor].
(6) When real or
personal property is taken under power granted by this section, the owner of
the property shall be entitled to reasonable compensation from the state.
SECTION 24. ORS 433.443 is amended to read:
433.443. [(1)(a) During a
proclaimed state of impending public health crisis, the Department of Human
Services may:]
(1)(a) During a
public health emergency proclaimed under ORS 433.441, the Public Health
Director may, as necessary to appropriately respond to the public health
emergency:
(A) Adopt reporting
requirements for and provide notice of those requirements to health care
providers, institutions and facilities for the purpose of obtaining information
directly related to the [impending public
health crisis] public health emergency;
(B) After consultation
with appropriate medical experts, create and require the use of
diagnostic and treatment protocols to respond to the [impending public health crisis] public health emergency and
provide notice of those protocols to health care providers, institutions and
facilities;
(C) Order, or authorize
local public health administrators to order, public health measures[, including temporary isolation or quarantine
of individuals or groups, as provided in ORS 433.019, 433.022, 433.035 and
433.106;] appropriate to the public health threat presented;
(D) Upon approval of the
Governor, take other [reasonable
administrative actions necessary to address the impending public health crisis]
actions necessary to address the public health emergency and provide
notice of those actions to health care providers, institutions and facilities,
including public health actions authorized by section 5 of this 2007 Act; [and]
(E) [Impose] Take any enforcement action
authorized by section 4 of this 2007 Act, including the imposition of civil
penalties of up to $500 per day against individuals, institutions or facilities
that knowingly fail to comply with requirements resulting from actions taken in
accordance with the powers granted to the [Department
of Human Services] Public Health Director under subparagraphs (A),
(B) and (D) of this paragraph[.]; and
(F) The authority
granted to the Public Health Director under this section:
(i) Supersedes any
authority granted to a local public health authority if the local public health
authority acts in a manner inconsistent with guidelines established or rules
adopted by the director under this section; and
(ii) Does not supersede
the general authority granted to a local public health authority or a local
public health administrator except as authorized by law or necessary to respond
to a public health emergency.
(b) The authority of the
[Department of Human Services] Public
Health Director to take administrative action, and the effectiveness of any
action taken, under paragraph (a)(A), (B),[and] (D), (E) and (F) of this
subsection terminates upon the expiration of the proclaimed state of [impending public health crisis]
public health emergency, unless the actions are continued under other
applicable law.
(2) Civil penalties
under subsection (1) of this section shall be imposed in the manner provided in
ORS 183.745. The [Department of Human
Services] Public Health Director must establish that the individual,
institution or facility subject to the civil penalty had actual notice of the
action taken that is the basis for the penalty. The maximum aggregate total for
penalties that may be imposed against an individual, institution or facility under
subsection (1) of this section is $500 for each day of violation, regardless of
the number of violations of subsection (1) of this section that occurred on
each day of violation.
(3)(a) During a
proclaimed state of [impending public
health crisis] public health emergency, the [Department of Human Services] Public Health Director and
local public health administrators shall be given immediate access to
individually identifiable health information necessary to:
(A) Determine the causes
of an illness related to the [impending
public health crisis] public health emergency;
(B) Identify persons at
risk;
(C) Identify patterns of
transmission;
(D) Provide treatment;
and
(E) Take steps to
control the disease.
(b) Individually
identifiable health information accessed as provided by paragraph (a) of this
subsection may not be used for conducting nonemergency epidemiologic research
or to identify persons at risk for post-traumatic mental health problems, or
for any other purpose except the purposes listed in paragraph (a) of this
subsection.
(c) Individually
identifiable health information obtained by the [Department of Human Services] Public Health Director or
local public health administrators under this subsection may not be disclosed
without written authorization of the identified individual except:
(A) Directly to the
individual who is the subject of the information or to the legal representative
of that individual;
(B) To state, local or
federal agencies authorized to receive such information by state or federal
law;
(C) To identify or to
determine the cause or manner of death of a deceased individual; or
(D) Directly to a health
care provider[,
institution or facility] for the evaluation or treatment of a condition
that is the subject of a proclamation of a state of [impending public health crisis] public health emergency
issued under ORS 433.441.
(d) Upon expiration of
the state of [impending public health
crisis] public health emergency, the [Department of Human Services] Public Health Director or local
public health administrators may not use or disclose any individually
identifiable health information that has been obtained under [subsections (1) to (4) of] this section.
If a state of emergency that is related to the state of [impending public health crisis] public health emergency has
been declared under 401.055, the [Department
of Human Services] Public Health Director and local public health
administrators may continue to use any individually identifiable
information obtained as provided [in
subsections (1) to (4) of] under this section until termination of
the state of emergency.
(4) As used in [subsections (1) to (4) of] this section:
(a) “Covered entity”
means:
(A) The Children’s
Health Insurance Program;
(B) The Family Health
Insurance Assistance Program established under ORS 735.722;
(C) A health insurer
that is an insurer as defined in ORS 731.106 and that issues health insurance
as defined in ORS 731.162;
(D) The state medical
assistance program; and
(E) A health care
provider.
(b) “Health care
provider” includes but is not limited to:
(A) A psychologist,
occupational therapist, clinical social worker, professional counselor or
marriage and family therapist licensed under ORS chapter 675 or an employee of
the psychologist, occupational therapist, clinical social worker, professional
counselor or marriage and family therapist;
(B) A physician,
podiatric physician and surgeon, physician assistant or acupuncturist licensed
under ORS chapter 677 or an employee of the physician, podiatric physician and
surgeon, physician assistant or acupuncturist;
(C) A nurse or nursing
home administrator licensed under ORS chapter 678 or an employee of the nurse
or nursing home administrator;
(D) A dentist licensed
under ORS chapter 679 or an employee of the dentist;
(E) A dental hygienist
or denturist licensed under ORS chapter 680 or an employee of the dental
hygienist or denturist;
(F) A speech-language
pathologist or audiologist licensed under ORS chapter 681 or an employee of the
speech-language pathologist or audiologist;
(G) An emergency medical
technician certified under ORS chapter 682;
(H) An optometrist
licensed under ORS chapter 683 or an employee of the optometrist;
(I) A
chiropractic physician licensed under ORS chapter 684 or an employee of the
chiropractic physician;
(J) A naturopathic
physician licensed under ORS chapter 685 or an employee of the naturopathic
physician;
(K) A massage therapist
licensed under ORS 687.011 to 687.250 or an employee of the massage therapist;
(L) A direct entry
midwife licensed under ORS 687.405 to 687.495 or an employee of the direct
entry midwife;
(M) A physical therapist
licensed under ORS 688.010 to 688.201 or an employee of the physical therapist;
(N) A radiologic
technologist licensed under ORS 688.405 to 688.605 or an employee of the
radiologic technologist;
(O) A respiratory care
practitioner licensed under ORS 688.800 to 688.840 or an employee of the
respiratory care practitioner;
(P) A pharmacist
licensed under ORS chapter 689 or an employee of the pharmacist;
(Q) A dietitian licensed
under ORS 691.405 to 691.585 or an employee of the dietitian;
(R) A funeral service
practitioner licensed under ORS chapter 692 or an employee of the funeral
service practitioner;
(S) A health care
facility as defined in ORS 442.015;
(T) A home health agency
as defined in ORS 443.005;
(U) A hospice program as
defined in ORS 443.850;
(V) A clinical
laboratory as defined in ORS 438.010;
(W) A pharmacy as
defined in ORS 689.005;
(X) A diabetes
self-management program as defined in ORS 743.694; and
(Y) Any other person or
entity that furnishes, bills for or is paid for health
care in the normal course of business.
(c) “Individual”
means a natural person.
[(c)] (d) “Individually identifiable health information”
means any oral or written health information in any form or medium that is:
(A) Created or received
by a covered entity, an employer or a health care provider that is not a
covered entity; and
(B) Identifiable to an
individual, including demographic information that identifies the individual,
or for which there is a reasonable basis to believe the information can be used
to identify an individual, and that relates to:
(i) The past, present or
future physical or mental health or condition of an individual;
(ii) The provision of
health care to an individual; or
(iii) The past, present
or future payment for the provision of health care to an individual.
(e) “Legal
representative” means attorney at law, person holding a general power of
attorney, guardian, conservator or any person appointed by a court to manage
the personal or financial affairs of a person, or agency legally responsible
for the welfare or support of a person.
(5) All civil penalties
recovered under [subsections (1) to (4)
of] this section shall be paid into the State Treasury and credited to the
General Fund and are available for general governmental expenses.
(6) The Public Health
Director may request assistance in enforcing orders issued pursuant to this
section from state or local law enforcement authorities. If so requested by the
Public Health Director, state and local law enforcement authorities, to the
extent resources are available, shall assist in enforcing orders issued
pursuant to this section.
(7) If the Department of
Human Services adopts temporary rules to implement the provisions of this
section, the rules adopted are not subject to the provisions of ORS 183.335
(6)(a). The department may amend temporary rules adopted pursuant to this
subsection as often as necessary to respond to the public health emergency.
SECTION 25. ORS 433.446 is amended to read:
433.446. The Governor
may seek assistance under the Emergency Management Assistance Compact during a
state of [impending public health crisis]
public health emergency to obtain additional resources for providing
services directly related to mitigation of the crisis.
SECTION 26. ORS 433.448 is amended to read:
433.448. (1)(a) During a
state of [impending public health crisis]
public health emergency proclaimed under ORS 433.441 or during a state
of emergency declared under ORS 401.055 that is related to a state of [impending public health crisis] public
health emergency that has not expired, the immunization registry and
tracking and recall system established under ORS 433.094 may be used as a
vaccination management and tracking system for the purpose of preventing the
spread of diseases that can be prevented by vaccination or for tracking the
mass administration of antibiotic prophylaxis.
(b) When being used as
authorized by this section, an immunization registry may include persons of any
age, and vaccination records may be shared with authorized users of the
registry for purposes related to the proclaimed state of [impending public health crisis] public health emergency
without obtaining the prior authorization of the clients of the registry.
(2) As used in this
section, “client” and “immunization registry” have the meaning given those
terms in ORS 433.090.
SECTION 27. ORS 433.452 is amended to read:
433.452. (1) If the [Director of Human Services] Public
Health Director or the local public health administrator reasonably
believes a person within the jurisdiction of the director or the administrator
may have been exposed to a communicable disease identified by rule of the
Department of Human Services to be a reportable disease or condition or a
condition that is the basis for a state of [impending
public health crisis] public health emergency declared by the
Governor as authorized by ORS 433.441, the person may be detained for as long
as reasonably necessary for the director or administrator to convey information
to the person regarding the communicable disease or condition and to obtain
contact information, including but not limited to the person’s residence and
employment addresses, date of birth, telephone numbers and any other contact
information required by the director or administrator.
(2) If a person detained
under subsection (1) of this section refuses to provide the information
requested, the director or administrator may impose a public health measure [pursuant to ORS 433.019 and 433.022] appropriate
to the public health threat presented pursuant to ORS 433.035 and sections 8
and 9 of this 2007 Act.
SECTION 28. (1) As used in this section:
(a) “Contaminated
material” means wastes or other materials exposed to or tainted by chemical,
radiological, or biological substances or agents.
(b) “Transmissible agent”
means a biological substance capable of causing disease or infection through
individual to individual transmission, animal to individual transmission, or
other modes of transmission.
(2) Notwithstanding any
provision in ORS chapter 97 or 692, during a state of public health emergency,
the Public Health Director may:
(a) Prescribe measures
to provide for the safe disposal of human remains as may be reasonable and
necessary to respond to the public health emergency. Measures adopted under
this subsection may include the embalming, burial, cremation, interment,
disinterment, transportation and disposal of human remains.
(b) Require any person
in charge of disposing of human remains to clearly label the human remains of a
deceased person with a communicable disease or transmissible agent with an
external, clearly visible tag indicating that the human remains are infected or
contaminated and, if known, the communicable disease or transmissible agent or
contaminated materials present in the remains.
(c) After a medical
examiner has certified the cause and manner of death, order a person in charge
of disposing of human remains to dispose of the human remains of a person who
has died of a communicable disease or transmissible agent through burial or
cremation within a specified time period. To the extent practicable, religious,
cultural, family and individual beliefs of the deceased person or the person’s
family shall be considered when disposing of any human remains.
(3) The Public Health
Director must consult and coordinate with the State Medical Examiner when
exercising authority under this section. Nothing in this section is intended to
override authority granted to the State Medical Examiner or district medical
examiner under ORS 146.003 to 146.165 and 146.710 to 146.992.
SECTION 29. ORS 433.140 is amended to read:
433.140. (1) The
expenses incurred under [ORS 433.135]
section 12 of this 2007 Act, when properly certified by the [executive officer of such board]
local public health administrator, shall be paid by the person who is
isolated or quarantined, when the person is able to pay [them] the expenses.
(2) The Department of
Human Services may provide general assistance, including medical care for [such person] the person who is
isolated or quarantined, on the basis of need, provided that no payment
shall be made for the care of any such person in or under the care of any
public institution or public agency or municipality.
SECTION 30. ORS 433.990 is amended to read:
433.990. (1) Violation
of ORS 433.004 or 433.008, 433.255, 433.260 or 433.715 is a Class A
misdemeanor.
(2) Violation of ORS
433.010 is punishable, upon conviction, by imprisonment in the custody of the
Department of Corrections for not more than three years.
(3) Violation of ORS
433.035 is punishable upon conviction by a fine of not less than $10 nor more
than $100, or by imprisonment for not less than 10 days nor
more than 30 days, or by both.
(4) Violation of
section 13 of this 2007 Act is a Class D violation punishable by fines totaling
not more than $50 per day, not to exceed $1,000 in any 30-day period.
[(4)] (5) Violation of ORS 433.850 is a Class D violation
punishable by fines totaling not more than $50 per day, not to exceed $1,000 in
any 30-day period.
[(5)] (6) Violation of ORS 433.345 or 433.365 is a Class B
violation. Failure to obey any lawful order of the Director of Human Services
issued under ORS 433.350 is a Class C misdemeanor.
[(6)] (7) Any organizer, as defined in ORS 433.735, violating
ORS 433.745 is punishable, upon conviction, by a fine of not more than $10,000.
SECTION 31. ORS 433.390 is amended to read:
433.390. (1) All moneys
received by a county under ORS 433.340 to 433.390 and 433.990 [(5)] (6) shall be paid to the
county dog control fund.
(2) The governing body
of the county may, in the event of a rabies outbreak within the county, use
such portion of the dog control fund as it deems necessary to purchase rabies
vaccine for administration to animals under the direction of the state and
local health officers.
SECTION 32. ORS 433.735 is amended to read:
433.735. As used in ORS
433.735 to 433.770 and 433.990 [(6)] (7):
(1) “Outdoor mass
gathering,” unless otherwise defined by county ordinance, means an actual or
reasonably anticipated assembly of more than 3,000 persons which continues or
can reasonably be expected to continue for more than 24 consecutive hours but
less than 120 hours within any three-month period and which is held primarily
in open spaces and not in any permanent structure.
(2) “Organizer” includes
any person who holds, stages or sponsors an outdoor mass gathering and the
owner, lessee or possessor of the real property upon which the outdoor mass
gathering is to take place.
(3) “Permanent structure”
includes a stadium, an arena, an auditorium, a coliseum, a
fairgrounds or other similar established places for assemblies.
(4) “Temporary structure”
includes tents, trailers, chemical toilet facilities and other structures
customarily erected or sited for temporary use.
SECTION 33. ORS 433.755 is amended to read:
433.755. (1) In
reviewing an application for a permit to hold an outdoor mass gathering, the
county governing body may require such plans, specifications and reports as it
may deem necessary for proper review and it may request and shall receive from
all public officers, departments and agencies of the state and its political
subdivisions such cooperation and assistance as it may deem necessary. If the
county governing body determines upon examination of the permit application
that the outdoor mass gathering creates a potential for injury to persons or
property, the county governing body may require organizers to obtain an
insurance policy in an amount commensurate with the risk, but not exceeding $1
million. The policy of casualty insurance shall provide coverage against
liability for death, injury or disability of any human or for damage to
property arising out of the outdoor mass gathering. The county shall be named
as an additional insured under the policy.
(2) In the event of
failure to remove all debris or residue and repair any damage to personal or
real property arising out of the outdoor mass gathering within 72 hours after
its termination and to remove any temporary structures used at the outdoor mass
gathering within three weeks after its termination, the county governing body
may file suit against the organizer for financial settlement as is needed to
remove debris, residue or temporary structures and to repair such damage to
real or personal property of persons not attending the outdoor mass gathering.
The organizer shall be wholly responsible for payment of any fines imposed
under ORS 433.990 [(6)] (7).
SECTION 34. ORS 433.765 is amended to read:
433.765. Ordinances or
regulations of a county enacted under a county charter adopted pursuant to
section 10, Article VI, Oregon Constitution, and not inconsistent with ORS 433.735
to 433.770 and 433.990 [(6)] (7)
or any rules adopted under ORS 433.735 to 433.770 and 433.990 [(6)] (7), are not superseded by
ORS 433.735 to 433.770 and 433.990 [(6)]
(7) or such rules. Nothing in ORS 433.735 to 433.770 and 433.990 [(6)] (7) or any rules adopted
under ORS 433.735 to 433.770 and 433.990 [(6)]
(7) precludes the right of a county to enact ordinances or regulations
under a county charter if such ordinances or regulations are not inconsistent
with ORS 433.735 to 433.770 and 433.990 [(6)]
(7) or any rules adopted under ORS 433.735 to 433.770 and 433.990 [(6)] (7).
SECTION 35. ORS 433.767 is amended to read:
433.767. ORS 433.735 to
433.770 and 433.990 [(6)] (7)
apply to outdoor mass gatherings defined by county ordinance as well as to those
defined by ORS 433.735 (1).
SECTION 36. ORS 433.855 is amended to read:
433.855. (1) The
Department of Human Services, in accordance with the provisions of ORS chapter
183:
(a) Shall adopt rules
necessary to implement the provisions of ORS 433.835 to 433.875 and 433.990 [(4)] (5);
(b) Shall be responsible
for compliance with such rules; and
(c) May impose a civil
penalty not to exceed the amount specified in ORS 433.990 [(4)] (5) for each violation of a rule of the department
applicable to ORS 433.850, to be collected in the manner provided in ORS
441.705 to 441.745. All penalties recovered shall be paid into the State
Treasury and credited to the General Fund.
(2) In carrying out its
duties under this section, the Department of Human Services is not authorized
to require any changes in ventilation or barriers in any public place. However,
nothing in this subsection is intended to limit the authority of the department
to impose any requirements under any other provision of law.
(3) In public places
which the Department of Human Services regularly inspects, the Department of
Human Services shall check for compliance with the provisions of ORS 433.835 to
433.875 and 433.990 [(4)] (5).
In other public places, the Department of Human Services shall respond in
writing or orally by telephone to complaints, notifying the proprietor or
person in charge of responsibilities of the proprietor or person in charge
under ORS 433.835 to 433.875 and 433.990 [(4)]
(5). If repeated complaints are received, the Department of Human Services
may take appropriate action to insure compliance.
(4) When a county has
received delegation of the duties and responsibilities under ORS 446.425 and
448.100, or contracted with the Department of Human Services under ORS 190.110,
the county shall be responsible for enforcing the provisions of ORS 433.835 to
433.875 and 433.990 [(4)] (5)
that are applicable to those licensed facilities and shall have the same
authority as the Department of Human Services for such enforcement.
SECTION 37. ORS 433.865 is amended to read:
433.865. Upon request,
the Department of Human Services may waive the provisions of ORS 433.835 to
433.875 and 433.990 [(4)] (5)
for any public place if it determines that:
(1) There are valid
reasons to do so; and
(2) A waiver will not
significantly affect the health and comfort of nonsmokers.
SECTION 38. ORS 433.875 is amended to read:
433.875. ORS 433.835 to
433.875 and 433.990 [(4)] (5)
shall be cited as the Oregon Indoor Clean Air Act.
SECTION 39. ORS 401.657 is amended to read:
401.657. (1) The
Department of Human Services may designate all or part of a health care
facility or other location as an emergency health care center. Upon the
Governor declaring a state of emergency under ORS 401.055, or proclaiming a
state of [impending public health crisis]
public health emergency after determining that a threat to the public
health is imminent and likely to be widespread, life-threatening and of a scope
that requires immediate medical action to protect the public health, emergency
health care centers may be used for:
(a) Evaluation and
referral of individuals affected by the emergency [or crisis];
(b) Provision of health
care services; and
(c) Preparation of
patients for transportation.
(2) The department may enter
into cooperative agreements with local public health authorities that allow
local public health authorities to designate emergency health care centers
under this section.
(3) An emergency health
care center designated under this section must have an emergency operations
plan and a credentialing plan that governs the use of emergency health care
providers registered under ORS 401.654 and other health care providers who
volunteer to perform health care services at the center under ORS 401.651 to
401.670. The emergency operations plan and credentialing plan must comply with
rules governing those plans adopted by the department.
SECTION 40. ORS 401.661 is amended to read:
401.661. Upon the
Governor declaring a state of emergency under ORS 401.055, or proclaiming a
state of [impending public health crisis]
public health emergency after determining that a threat to the public
health is imminent and likely to be widespread, life-threatening and of a scope
that requires immediate medical action to protect the public health:
(1) The Department of
Human Services may direct emergency health care providers registered under ORS
401.654 who are willing to provide health care services on a voluntary basis to
proceed to any place in this state where health care services are required by
reason of the emergency or crisis; and
(2) Any emergency health
care provider registered under ORS 401.654 or other health care provider may
volunteer to perform health care services described in ORS 401.657 at any
emergency health care center or health care facility in the manner provided by
ORS 401.664.
SECTION 41. ORS 466.605 is amended to read:
466.605. As used in ORS
466.605 to 466.680 and 466.990 (3) and (4):
(1) “Barrel” means 42
(2) “Cleanup” means the
containment, collection, removal, treatment or disposal of oil or hazardous
material; site restoration; and any investigations, monitoring, surveys,
testing and other information gathering required or conducted by the Department
of Environmental Quality.
(3) “Cleanup costs”
means all costs associated with the cleanup of a spill or release incurred by
the state, its political subdivision or any person with written approval from
the department when implementing ORS 466.205, 466.605 to 466.680, 466.990 (3)
and (4) and 466.995 (2) or 468B.320.
(4) “Commission” means
the Environmental Quality Commission.
(5) “Department” means
the Department of Environmental Quality.
(6) “Director” means the
Director of the Department of Environmental Quality.
(7) “Hazardous material”
means one of the following:
(a) A material
designated by the commission under ORS 466.630.
(b)
Hazardous waste as defined in ORS 466.005.
(c) Radioactive waste as
defined in ORS 469.300, radioactive material identified by the Energy Facility
Siting Council under ORS 469.605 and radioactive substances as defined in ORS
453.005.
(d) Communicable disease
agents as regulated by the Department of Human Services under [ORS chapter 431 and] ORS 431.035 to
431.530, [433.010] 433.001
to 433.045 and 433.106 to [433.990]
433.770.
(e) Hazardous substances
designated by the United States Environmental Protection Agency under section
311 of the Federal Water Pollution Control Act, P.L. 92-500, as amended.
(8) “Oils” or “oil”
includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge,
oil refuse and any other petroleum related product.
(9) “Person” means an
individual, trust, firm, joint stock company,
corporation, partnership, association, municipal corporation, political
subdivision, interstate body, the state and any agency or commission thereof
and the federal government and any agency thereof.
(10) “Reportable
quantity” means one of the following:
(a) A quantity
designated by the commission under ORS 466.625.
(b) The lesser of:
(A) The quantity
designated for hazardous substances by the United States Environmental
Protection Agency pursuant to section 311 of the Federal Water Pollution
Control Act, P.L. 92-500, as amended;
(B) The quantity
designated for hazardous waste under ORS 466.005 to 466.385, 466.990 (1) and
(2) and 466.992;
(C) Any quantity of
radioactive material, radioactive substance or radioactive waste;
(D) If spilled into
waters of the state, or escape into waters of the state is likely, any quantity
of oil that would produce a visible oily slick, oily solids, or coat aquatic
life, habitat or property with oil, but excluding normal discharges from
properly operating marine engines; or
(E) If spilled on land,
any quantity of oil over one barrel.
(c)
Ten pounds unless otherwise designated by the commission under ORS 466.625.
(11) “Respond” or “response”
means:
(a) Actions taken to
monitor, assess and evaluate a spill or release or threatened spill or release
of oil or hazardous material;
(b) First aid, rescue or
medical services, and fire suppression; or
(c) Containment or other
actions appropriate to prevent, minimize or mitigate damage to the public
health, safety, welfare or the environment which may result from a spill or
release or threatened spill or release if action is not taken.
(12) “Spill or release”
means the discharge, deposit, injection, dumping, spilling, emitting,
releasing, leaking or placing of any oil or hazardous material into the air or
into or on any land or waters of the state, as defined in ORS 468B.005, except
as authorized by a permit issued under ORS chapter 454, 459, 459A, 468, 468A,
468B or 469, ORS 466.005 to 466.385, 466.990 (1) and (2) or 466.992 or federal
law or while being stored or used for its intended purpose.
(13) “Threatened spill
or release” means oil or hazardous material is likely to escape or be carried
into the air or into or on any land or waters of the state.
SECTION 42. ORS 431.140, 433.019, 433.022, 433.106,
433.130 and 433.135 are repealed.
Approved by the Governor June 18, 2007
Filed in the office of Secretary of State June 19, 2007
Effective date January 1, 2008
__________