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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 12

PROCEDURAL RULES

Performance of the Authority, Responsibilities, and Functions of the Administrator of the Public Health Division
Relating to Traveler's Accommodations, Recreation Parks, Organizational Camps, Swimming Pools,
Bath Houses, Food Service Facilities, Mobile Units, and Vending Machines

333-012-0050

General Rules Applicable to All Programs

(1) The purpose of these rules is to establish standards under which local public health authorities shall provide environmental health services to establishments and facilities licensed under ORS chapters 446, 448 and 624.

(2) Definitions:

(a) "Administrative Costs" means those costs that are over the direct costs of providing delegated program services. These include actual departmental, agency or central government charges such as, but not limited to, accounting, purchasing, human resources, data management, legal council and central mail functions;

(b) "Administrator" means the assistant director for the Public Health Division of the Authority or an authorized representative;

(c) “Authority” means the Oregon Health Authority.

(d) "Complete Inspection" means the evaluation of a licensed establishment or facility conducted at the election of the local public health authority for compliance with all applicable regulations;

(e) "Consultation Services Remittance" means the biennial assessment of the Authority for consultation services and maintenance of the Foodborne Illness Prevention, Public Swimming Pool and Tourist Facility Programs;

(f) "Direct Costs" mean those costs for salaries and benefits of field and support staff and their associated costs including, but not limited to, rent, vehicles and travel, equipment, data management, training, phone, office supplies and the pro-rated portion of direct costs relating to supervision;

(g) "Fiscal Audit" means a comprehensive audit using standard audit procedures of the financial records of the local public health authority related to licenses and fees;

(h) "Local Public Health Authority" means county governments or health districts established under ORS 431.414 that are responsible for management of local public health services;

(i) "Recheck Inspection" means an inspection to determine whether specified corrections have been made or alternative procedures maintained for violations identified in previous inspections. In food service establishments, a recheck inspection also means an inspection to determine whether specific corrections have been maintained for violations creating a significantly increased risk for foodborne illness. Recheck inspections may be conducted either on pre-announced dates or unannounced.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; HD 16-1995, f. 12-28-95, cert. ef. 1-1-96; HD 4-1996, f. & cert. ef. 9-17-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0053

Licensing and Fees

(1) License applications and licenses issued must be on forms provided or approved by the Authority.

(2) The Local Public Health Authority must establish a single license fee per establishment or facility type. There may not be added fees based on local determination of unique features of an establishment or facility.

(3) Licensing categories must be based upon those specified in ORS 446.310, 448.035 and 624.490. The Local Public Health Authority may not create additional licensing categories.

(4)(a) Annual work hours available for a dedicated full time equivalent (FTE) for field staff in the food service program based on a 40-hour week is 1640 hours, of which 25 percent is allocated for office and administrative duties and consultation, and 75 percent is for field inspection activities;

(b) Standards for complete inspection functions, on average, including travel time, relative to facility size are as follows:

(A) 0–15 seats, 1-1/2 hours;

(B) 16–50 seats, 1-3/4 hours;

(C) 51–150 seats, 2 hours;

(D) Over 150 seats, 2-1/2 hours.

(c) An average recheck inspection rate of 40 percent with an average priority or priority foundation item recheck inspection taking 45 minutes including travel.

(5) The following standards are established to reflect the levels of effort and resources needed to carry out the delegated functions and provisions of ORS chapter 624:

(a) Workload indicators established in section (4) of this rule must be used to determine staffing levels budgeted for field inspection activities;

(b) Administrative costs must be limited to 15 percent of direct costs;

(c) A ratio of up to 0.35 FTE for clerical support and up to 0.25 FTE for supervision to field staff FTE respectively, must be observed;

(d) Charges for services and supplies may not exceed a ratio of 0.25 of personnel salary for direct program costs;

(e) In lieu of the administrative standards outlined in this rule, the Local Public Health Authority may determine staffing standards and actual costs of providing program services. The Local Public Health Authority must document and report to the Authority actual time spent and expenses incurred and may be subject to a fiscal audit as specified in OAR 333-012-0070(3).

(6) The Local Public Health Authority may:

(a) Adopt a fee schedule for facilities that require more than two recheck inspections per year;

(b) Adopt a fee schedule for seasonal temporary restaurants and intermittent temporary restaurants that require a recheck inspection;

(c) Set a fee for costs associated with conducting an operational review in accordance with guidelines established by the Authority.

(d) Set a fee for costs associated with plan review conducted under guidelines established by the Authority;

(e) Set a reinstatement fee for late license reinstatement;

(f) Recover the cost of the extra inspections required under OAR 333-157-0027, Increased Inspection Schedule, by charging a fee of up to one-half of the annual licensing fee otherwise assessable to the restaurant for each additional inspection; and

(g) Pro-rate fees for partial year operation as follows:

(A) From January 1 through September 30, a full license fee is required;

(B) From October through December 31, one-half the annual fee must be assessed.

(7) A license may be issued only after the Local Public Health Authority has received the fee and determined that the facility meets the requirements of the statutes and rules.

(8) If license fees assessed by the Local Public Health Authority are more than 20 percent above or below the fees established in ORS 624.490, the Local Public Health Authority must document and report to the Authority actual time spent and expenses incurred on program services and may be subject to a fiscal audit as specified in OAR 333-012-0070(3).

(9) All license fees collected by the Local Public Health Authority pursuant to ORS 446.425, 448.100 and 624.510 must be paid into the county treasury and placed in a special revenue fund or the general fund of the county treasury and placed to the credit of the Local Public Health Authority. Such monies must be used only for program services pursuant to ORS 446.425, 448.100 and 624.510. The Local Public Health Authority must assure on an annual basis that all fees collected are used solely for the purposes of administering the programs as described in this section.

(10) If the Local Public Health Authority requests a fiscal audit required in OAR 333-012-0070(3) be conducted by a private auditing agency, the Local Public Health Authority must pay the costs and a copy of audit report must be provided to the Authority.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0055

Inspection Standards

(1) All licensed establishments and facilities, except bed and breakfast facilities, travelers' accommodations, hostels and temporary restaurants, must receive a minimum of one complete inspection for every six months of operation or fraction thereof by the Local Public Health Authority. For vending machines, the Local Public Health Authority shall evaluate at least 10 percent of each licensee's machines during each inspection:

(a) Bed and breakfast facilities must be inspected once per year;

(b) Travelers' accommodations and hostels must be inspected on a schedule in accordance with local public health priorities and with consideration of the following criteria:

(A) Complaints received from a guest at a particular facility;

(B) A history of rule violations;

(C) A request for inspection or consultation from a licensee;

(D) Reports of illness or accidents associated with the facility;

(E) Change of owner or operator;

(F) The facility's method of sewage disposal, source of water and availability of local fire protection services;

(G) Length of time since the last inspection of the facility;

(H) A minimum of one inspection every two years is recommended.

(c)(A) Single-event, seasonal and intermittent temporary restaurants must receive a minimum of one inspection during operation for each license issued;

(B) Notwithstanding paragraph (1)(c)(A) of this rule benevolent single-event temporary restaurants may receive an inspection or a consultation in lieu of an inspection, as determined by the Local Public Health Authority.

(2) The Local Public Health Authority may substitute an alternative inspection procedure or intervention once per year in place of an inspection using alternative criteria approved by the Authority.

(3) The Local Public Health Authority must:

(a) Implement an increased inspection schedule for restaurants as described in OAR 333-157-0027. Up to two of the quarterly inspections may be based upon a menu review consultation, an announced inspection, a risk control plan or other method approved by the Authority;

(b) Conduct a pre-operational or construction inspection after plan review and prior to operation of a new, remodeled, converted, renovated or altered establishment or facility. The pre-operational inspection is in addition to the requirement for a complete inspection in section (1) of this rule;

(c) Conduct a complete inspection to assign a public notice of sanitation within 45 days after opening for a restaurant or bed and breakfast facility. This inspection counts toward one of the inspections required in section (1) of this rule;

(d) Completely fill out inspection reports and include at least the following information:

(A) Specific problem and correction statements for all violations, including Oregon Administrative Rule references;

(B) Except in the food service programs, specify time limits for all corrections stated;

(C) Food Service — Document inspections as specified in OAR chapter 333, division 157, Inspection and Licensing Procedures. In addition, the Local Public Health Authority must indicate on the inspection report how a priority and priority foundation item violation has been corrected during complete and recheck inspections; and

(D) Public Swimming Pools — Document pH, free residual chlorine, total chlorine, total alkalinity, total hardness, cyanuric acid (if used), water clarity (recorded as acceptable or unacceptable), water temperature, pressure and vacuum gauge readings and flow rate as measured by flow meter.

(e) Conduct recheck inspections of establishments and facilities to determine if timely corrective action has been taken on noted priority or priority foundation item violations or public health hazards;

(f) At a minimum, furnish each environmental health specialist with the following equipment or materials to conduct inspections:

(A) Temperature measuring devices, flashlight, inspection forms and computer inspection equipment, identification and business cards, rules, stickers and forms;

(B) Food Service — Sanitizing swabs, test strips for chlorine and quaternary ammonium;

(C) Public Swimming Pools — Current state-approved pool test kit and a 25-foot tape measure or equivalent device with the ability to accurately measure distance and depth; and

(D) Food and waterborne illness investigation materials, specified in guidelines provided by the Authority, and a light meter for staff to share.

(g) Maintain and update the Food Program Policy Manual as well as other information required by the Authority; and

(h) Upon request, provide technical information and consultation to the public and those holding permits and licenses.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; HD 14-1995, f. 12-28-95, cert. ef. 1-1-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0057

Consultation Services Remittance

(1) Food Service — On behalf of the Authority, the Local Public Health Authority must collect fees from food service establishments and remit to the Authority the monies necessary to maintain the Foodborne Illness Prevention Program. The Local Public Health Authority must keep the remainder to cover administration and enforcement costs.

(a) The Authority must consult with representatives of local health officials in determining the amount to be remitted by each Local Public Health Authority to support the state Foodborne Illness Prevention Program;

(b) The consultation must occur no later than April of each legislative year in order to determine the amount required to be remitted to the Authority in the following biennium;

(c) The consultation must consider program expenditures, the program workplan and other activities, and current food service establishment inventories to determine the amount of the remittance;

(d) For the purposes of this rule, food service establishments are considered to be full and limited service restaurants, bed and breakfast facilities, mobile food units, commissaries and warehouses;

(e) The remittance amount must be determined by first projecting statewide food service license revenue for the biennium using state marker fees. Then, the biennial budget of the Foodborne Illness Prevention Program is divided by the revenue projection to yield a percentage factor. Each Local Public Health Authority's revenue projection for food service facilities, using state marker fees, is then multiplied by that factor to yield the remittance amount;

(f) The Foodborne Illness Prevention Program budget must be developed after consultation with groups representing local health officials pursuant to ORS 624.510. The cost to the Local Public Health Authority of the Foodborne Illness Prevention Program shall be represented in the annual Intergovernmental Agreement.

(g) The Local Public Health Authority must provide to the Authority a quarterly remittance based on the total biennial assessment. Fifty percent of the assessment is payable each year unless otherwise negotiated with the Authority. The annual amount remitted by the Local Public Health Authority in the first year of the biennium may not be less than 35 percent of the total biennial amount. Each Local Public Health Authority must provide a statement identifying the proposed timetable and schedule for remittance;

(h) In April of even-numbered years, the Authority must recalculate the assigned assessment for the second year of the biennium, based on updated facility counts and program expenditures and provide the Local Public Health Authority with a revised assessment for the second year of the biennium;

(i) All assessments may not be represented as a surcharge or added charge.

(2) Public Swimming Pools — The Authority must consult with representatives of local health officials and industry in determining the amount to be remitted by each Local Public Health Authority that has accepted delegation for the Public Swimming, Spa and Wading Pool Programs for the purposes of supporting the statewide consultation and program services costs:

(a) The consultation must occur no later than April of each legislative year in order to determine the amount required to be remitted to the Authority in the following biennium;

(b) The consultation must consider program expenditures and current public swimming pool, public spa pool and public wading pool facility inventories while determining the amount of the remittance;

(c) The county shall remit, on a quarterly basis, a portion of the fee for each license issued in that quarter;

(d) All assessments may not be represented as a surcharge or added charge.

(3) Tourist Facilities — Each quarter, the Local Public Health Authority must remit 15 percent of the state licensing fee or 15 percent of the Local Public Health Authority license fee, whichever is less, to the Authority for consultation services and maintenance of the statewide program for facilities licensed under ORS 446.425. All assessments may not be represented as a surcharge or added charge

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 12-1995, f. 12-28-95, cert. ef. 1-1-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0060

Staffing and Training

(1) The Local Public Health Authority must provide the staff, facilities, materials and equipment necessary to comply with these rules.

(2) Inspections must be conducted by staff that are registered as required by ORS chapter 700.

(3) Each Local Public Health Authority must:

(a) Require at least one environmental health specialist engaged in the food, tourist facility and public swimming pool programs to attend annual Authority sponsored or approved training in all three program areas;

(b) Within one year of hiring, send all environmental health specialists to an orientation provided by the Authority. This requirement does not apply to staff that have previously attended the training while employed in another jurisdiction;

(c) Maintain at least one environmental health specialist on staff or through contract that has a current certification from the Authority as a food service standardization officer.

(A) New employees must be certified within 18 months of employment or within 18 months after becoming registered as an environmental health specialist as required in section (2) of this rule;

(B) Notwithstanding the time limits specified in paragraph (3)(c)(A) of this rule, the Local Public Health Authority may develop a training plan approved by the Authority that allows for a longer time limit to comply with the certification requirement in subsection (c) of this section.

(d) Maintain at least one environmental health specialist on staff or through contract that has successfully completed a NSPF Certified Pool Operator course or equivalent approved by the Authority within 24 months of employment. The Authority may waive this requirement upon request.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 15-1980(Temp), f. & ef. 12-29-80; HD 5-1985, f. & ef. 4-25-85; HD 9-1994, f. & cert. ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0061

Food Handler Training

The Local Public Health Authority must ensure the provision of a food handler training program using minimum criteria developed by the Authority. The Local Public Health Authority must secure Authority approval before deviating from the criteria of the training program for food handlers, and must document in a manner satisfactory to the Authority the training methods used for food handler training.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0063

Record Keeping and Reporting

The Local Public Health Authority must:

(1) Maintain records of all administrative matters delegated under ORS 446.425, 448.100 or 624.510, including a record of the hearing, the time, date, place and copies of the complaint, all intended actions, orders, and final disposition of the proceedings and retained for at least three years.

(2) At a minimum, maintain records according to the Secretary of State, Archives Division rules, OAR chapter 166, of the following:

(a) Inspection reports;

(b) Complaints and their disposition;

(c) Communicable disease or suspected foodborne illness investigations;

(d) Public swimming pool accidents;

(e) License applications and licenses issued;

(f) Food service inspection scores;

(g) Changes in public notice placards;

(h) Food handler training materials;

(i) Plan review records;

(j) Records of all license denials, revocations, suspensions or other temporary closures; and

(k) Failed to Comply notices posted or any other enforcement actions taken.

(3) Provide to the Authority program information such as inspections conducted, workload indicators, fee schedules and violation summaries on request.

(4) Respond to surveys conducted by the Authority. Program information and surveys must be submitted on forms or in a format as required by the Authority.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0065

Epidemiology and Accident Investigation and Reporting

The Local Public Health Authority must:

(1) Investigate all suspected illnesses connected with food service facilities, public swimming pools and tourist facilities;

(2) Submit reports of all investigations of confirmed illnesses to the Authority as required by OAR chapter 333, division 018;

(3) Notify the Authority of investigations expected to result in confirmed foodborne illness; and

(4) Investigate all reportable accidents and report the results of investigations in writing, including copies of accident reports, to the Authority.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0067

Enforcement Procedures

The Local Public Health Authority must:

(1) Adopt and comply with rules for conducting administrative hearings for permit and license denial, suspension or revocation in accordance with the requirements of ORS chapter 183.

(2) Utilize all administrative and legal means necessary to enforce the applicable statutes and rules and implement policies relating to the programs and to eliminate conditions endangering public health or safety.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

333-012-0070

Minimum Standards, Program Review and Penalties

(1)(a) The Local Public Health Authority may request approval from the Authority to implement alternative inspection or enforcement procedures by submitting a plan that includes expected performance measures and outcomes. If approved, the alternative inspection or enforcement procedures must be included in the annual Intergovernmental Agreement.

(b) The Local Public Health Authority may adopt ordinances on applicable matters provided they are not less stringent than the Oregon Administrative Rules adopted pursuant to ORS chapters 183, 446, 448 and 624. Any ordinance proposed for adoption on matters applicable to food service operators more stringent than those set forth in ORS chapter 624 and rules adopted thereunder must be approved by the Authority and the cost of implementing any ordinance so adopted may not be charged to license fees adopted pursuant to ORS 624.510(2). Notwithstanding the provisions of this subsection, when an emergency exists and delay may result in an immediate danger to public health, Local Public Health Authorities may adopt ordinances without prior Authority approval. This subsection does not affect ordinances that are required to be adopted as specified in these rules.

(2) The Local Public Health Authority is subject to a performance review by the Authority of both office and field activities to determine compliance with these rules. A review of each Local Public Health Authority shall be conducted at least once every three years by the Authority. The Authority shall submit the results of the review to the Local Public Health Authority. The field review may be conducted using an inspection protocol approved by the Authority. The Authority may waive the requirement for a field review.

(3) The Authority shall conduct a triennial fiscal audit of the Local Public Health Authority and the Authority may conduct additional fiscal audits of the Local Public Health Authority if deemed necessary.

(4) The Local Public Health Authority shall be surveyed by the Authority at least annually to determine accomplishments and needs. The survey results shall guide the Authority in providing assistance, guidance, training, consultation and support as needed.

(5) If a performance review reveals that the Local Public Health Authority is not complying with the provisions of these rules or the Intergovernmental Agreement, the Local Public Health Authority shall be notified by the Authority of the areas of non-compliance. The Local Public Health Authority must correct the deficiencies within the time frames required and report the corrections to the Authority.

(a) If the Authority determines that the deficiencies result in a serious human health hazard, compliance shall be required immediately. If the Authority determines that the deficiencies do not result in a serious human health hazard, a longer period of time may be allowed for compliance. However, the maximum time allowed for compliance, after notice is issued by the Authority, is as follows:

(A) Up to 90 days to correct administrative deficiencies such as, but not limited to, accounting reports and records;

(B) Up to 180 days to correct program deficiencies such as, but not limited to, inadequate frequency of inspections, scoring, staffing and lack of enforcement action.

(b) Notwithstanding subsection (5)(a) of this rule, the Authority may allow a longer time frame for compliance if deemed necessary;

(c) If the Authority determines that the Local Public Health Authority did not use the proper cost elements in determining the fee or that the amount of the fee is not justified, the Authority may order the Local Public Health Authority to adjust any fee, as soon as is possible, to a level supported by the Authority's analysis of the fee.

(6) When a Local Public Health Authority has been notified of an emergency health hazard and is either unwilling or unable to administer or enforce delegated standards, the Authority may, pursuant to ORS 431.170, immediately take responsibility of the functions and collect the monies necessary to protect public health. When the health hazard has been resolved or is no longer an emergency, the Authority may return authority to the Local Public Health Authority and may initiate a review to determine if delegation is to be continued.

(7) The Authority may deny or revoke the delegation of a program if the Local Public Health Authority:

(a) Does not have sufficient qualified personnel to conduct the program;

(b) Has failed to perform its delegated duties satisfactorily;

(c) Has engaged in deceit or fraud in the conduct of the program or maintenance of its associated records.

(8) Suspension or rescission of a delegation must be in accordance with ORS chapter 183 relating to contested cases.

(9) The Authority shall immediately respond to a request by the Local Public Health Authority for personnel or equipment during an emergency. If the Authority is unable to assist as requested, the Authority shall immediately notify the Local Public Health Authority and provide any possible assistance.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446.425, 448.100 & 624.510
Hist.: HD 105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert. ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12

Acquired Immunodeficiency Syndrome

333-012-0250 [Renumbered to 410-121-3000]

Infected Health Care Providers

333-012-0280 [Renumbered to 333-022-0400]

333-012-0290 [Renumbered to 333-022-0405]

333-012-0300 [Renumbered to 333-022-0410]

333-012-0310 [Renumbered to 333-022-0415]

333-012-0320 [Renumbered to 333-022-0420]

333-012-0330 [Renumbered to 333-022-0425]

333-012-0340 [Renumbered to 333-022-0430]

333-012-0350 [Renumbered to 333-022-0435]

333-012-0360 [Renumbered to 333-022-0440]

333-012-0370 [Renumbered to 333-022-0445]

333-012-0380 [Renumbered to 333-022-0450]

333-012-0390 [Renumbered to 333-022-0455]

333-012-0400 [Renumbered to 333-022-0460]

333-012-0500

Reimbursement for Cost of Services Performed and Supplies Provided for Disposition of Unclaimed Indigent Bodies

(1) Licensed funeral service practitioners, hereafter referred to as claimants, shall submit an itemized statement of expenses for services performed and supplies provided for disposition of unclaimed indigent bodies.

(2) The itemized statement shall be accompanied by the claimants’ certification that services for which reimbursement is claimed were in accordance with stipulations in ORS 97.170(1), (3), (4) and (6).

(3) Certification will be on the Public Health Division's current Form FS 23-154 (“http://public.health.oregon.gov/Documents/indigentcostrefund.pdf”or contact 971-673-1222) or similar document which contains all the information requested on Form FS 23-154.

(4) The Public Health Division shall disburse funds to claimants monthly:

(a) Applications received between the tenth day of a month and the ninth day of the following month will constitute the total number of claims eligible for reimbursement in that month;

(b) Maximum reimbursement will be in the amount of the invoice or $650, whichever is less; and

(c) In accordance with ORS 432.312(1) and (2), the total amount of reimbursement cannot exceed the total amount of funds available and on hand at the close of the accounting period each month. Therefore, in any given month when the amount of claimants' itemized statements or a maximum of $650 per claim, whichever is less, exceeds the total amount of funds available for disbursement, the total amount of the funds on hand and available for disbursement will be distributed proportionately among all of the claimants that submitted itemized statements during that month.

(d) If funds available and on hand at the close of the accounting period exceed the total amount of claimants’ itemized statements or a maximum of $650 per claim, the remaining funds will carry forward to the next accounting period and made available for funding future claims up to the allowable maximum reimbursement.

(5) Fraudulent submission of this form will result in penalties set forth in ORS 692.180.

Stat. Auth.: ORS 97.170, 432.146 & 432.312
Stats. Implemented: ORS 97.170(1), (3), (4) & (6), 432.312(1) & (2)
Hist.: HD 14-1993(Temp), f. 10-14-93, cert. ef. 10-15-93; HD 2-1994, f. & cert. ef. 1-12-94; PH 7-2009(Temp), f. & cert. ef. 7-20-09 thru 1-15-10; Administrative correction 1-25-10; PH 1-2010, f. & cert. ef. 1-14-10

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