Loading
The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON HEALTH AUTHORITY,
PUBLIC HEALTH DIVISION

 

DIVISION 14

CONFERENCE OF LOCAL HEALTH OFFICIALS

Standards for County and District Health Departments

333-014-0040

Purpose

The purpose of these rules is to establish minimum standards and administrative rules to:

(1) Define the organization, operation, and extent of activities required or expected of county and district health departments to carry out their responsibilities in implementing the public health laws of this state, and the rules and regulations of the State Public Health Division.

(2) Assist in the development, improvement, and support of local health departments in their efforts to promote and protect the health of Oregon citizens.

(3) Govern the relinquishment of local public health authority and the actions that the Public Health Division must take following a relinquishment of local public health authority.

Stat. Auth.: ORS 431.350
Stats. Implemented: ORS 431.345 & 431.375
Hist.: HB 269, f. 4-19-71, ef. 5-11-71; HD 5-1990, f. & cert. ef. 1-24-90; PH 19-2014(Temp), f. & cert. ef. 6-20-14 thru 12-17-14

333-014-0042

Definitions

As used in OAR chapter 333, division 14:

(1) "Enforcement" means an action taken to compel the requirements of the law.

(2) "Local public health administrator" has the meaning given that term in ORS 431.260.

(3) "Local public health authority" has the meaning given that term in ORS 431.260.

(4) "Public Health Division" means the public health division within the Oregon Health Authority.

(5) "Public health law" has the meaning given that term in ORS 431.260.

Stat. Auth.: ORS 413.042, 431.350
Stats. Implemented: ORS 431.345, 431.380, 431.385
Hist.: Hist.: PH 19-2014(Temp), f. & cert. ef. 6-20-14 thru 12-17-14

333-014-0050

Health Department Services

(1) Each county and district health department shall perform (or cause to be performed) all of the duties and functions imposed upon it by Oregon Revised Statutes, and by official administrative rules adopted by the State Public Health Division and filed with the Secretary of State. These duties and functions shall be performed in a manner consistent with Minimum Standards for Local Health Departments, adopted by the Conference of Local Health Officials (CLHO).

(2) The following program areas shall be considered essential, and be specifically included in the overall annual plan of each county and district health department who shall assure programs are available:

(a) Control of reportable communicable disease which includes providing epidemiologic investigations which report, monitor, and control communicable disease and other health hazards; providing diagnostic and consultative communicable disease services; assuring early detection, education, and prevention activities which reduce the morbidity and mortality of reportable communicable disease; assuring the availability of immunizations for human and animal target populations; and collecting and analyzing of communicable disease and other health hazard data for program planning and management to assure the health of the public;

(b) Parent and child health which includes education, screening and follow up, counseling, referral, or health services for family planning, perinatal care, infants, and children;

(c) Health statistics which includes birth and death reporting, recording, and registration; analysis of health indicators related to morbidity and mortality; and analysis of services provided with technical assistance from the Public Health Division;

(d) Information and referral services to the public regarding local health and human services;

(e) Environmental health services which includes inspection, licensure, consultation and complaint investigation of food services, tourist facilities, institutions, public swimming and spa pools, and regulation of water supplies, solid waste and on site sewage disposal systems.

(3) In addition, each county and district health department should include or provide for programs in the following areas (according to the community's health needs):

(a) Dental health, including preventive education, promotion of fluoride use and procedures for early detection and treatment of dental problems;

(b) Emergency preparedness including participation in the development of the county's emergency response plans and internal procedures necessary to carry out the health department's role in the plans;

(c) Health education/health promotion including activities and programs to promote health and assist individuals and groups to achieve and maintain healthy behaviors;

(d) Laboratory services including providing diagnostic and screening tests to support public health services which are in compliance with quality assurance guidelines established by the Public Health Division;

(e) Medical examiner services to coordinate the epidemiological investigation of deaths of public health significance with the county medical examiner;

(f) Nutrition services including identification and intervention with clients at nutritional risk, and education and consultation for the promotion of good dietary habits;

(g) Older adult health including services to reduce morbidity and premature death; detect conditions which impair functioning; strengthen the ability to remain independent; and to promote physical, social and emotional well-being;

(h) Primary health care services including participation in community efforts to promote necessary services and/or provide health services;

(i) Shellfish Sanitation (in coastal counties) to monitor harvesting and provide public information to harvesters of shellfish.

(4) Each county and district health department, given the specific needs of their local communities, may decide to implement additional programs.

Stat. Auth.: ORS 431.350
Stats. Implemented: ORS 431.345, 431.385 & 431.416
Hist.: HB 205, f. 3-26-68; HD 5, 1990, f. & cert. ef. 1-24-90

333-014-0060

Program Plans

(1) Each county and district health department shall submit an annual plan by May 1 of each year to the State Public Health Division.

(2) The Public Health Division shall develop the format of the plan in consultation with the Conference of Local Health officials.

(3) The plan should address all program areas identified in section (2) of this rule and any that are applicable in OAR 333-014-0050(3) including:

(a) Program indicators as defined by CLHO standards and agreed upon by the local health department and the Public Health Division; and/or

(b) A statement describing why services defined in OAR 333-014-0050(2) are not being provided.

(4) The annual plan shall become a key element of the county review done by the Public Health Division.

(5) The Public Health Division shall provide technical assistance on request to local health departments in developing the annual plan.

Stat. Auth.: ORS 431.350
Stats. Implemented: ORS 431.385
Hist.: HB 269, f. 4-19-71, ef. 5-11-71; HD 5-1990, f. & cert. ef. 1-24-90

333-014-0070

Organization

Each county and district health department shall:

(1) Employ a qualified administrator who is responsible for the operation of the health department;

(2) Employ registered nurses licensed by the Board of Nursing, sanitarians registered by the Sanitarians Registration Board, and such other administrative professional, technical, and clerical staff sufficient to carry out the responsibilities of the department;

(3) Employ or contract with a physician licensed by the Oregon Medical Board as health officer;

(4) Use as guidelines for employment the minimum personnel qualifications as defined in the CLHO standards;

(5) Adhere to state or county civil service, merit system, or personnel rule requirements in the selection, promotion, or termination of all health department staff;

(6) Maintain an office open to the public during the normal work week of the local government.

Stat. Auth.: ORS 431.350
Stats. Implemented: ORS 431.345
Hist.: HB 269, f. 4-19-71, ef. 5-11-71; HD 5-1990, f. & cert. ef. 1-24-90

333-014-0080

Relinquishment of Local Public Health Authority

(1) A county or health district may relinquish its local public health authority.

(a) To relinquish its local public health authority, a county or health district must submit the relinquishment in writing with not less than 90 days advance notice to the Public Health Division.

(b) In addition to the notice of relinquishment under subsection (a) of this section, the county or health district must provide notice of the termination of any contract or agreement with the Public Health Division, in accordance with the termination provisions of the contract or agreement, if that contract or agreement concerns any of the services or activities required by a local public health authority under OAR 333-014-0050(2), including but not limited to the financial assistant agreement for local public health services.

(2) The Public Health Division will reasonably act to assume such public health authority and commensurate responsibilities or find a replacement contractor to assume such authority and responsibilities in accordance with OAR 333-014-0090, if a local public health authority has relinquished its authority. Assumption or transfer of such authority or responsibilities by the Public Health Division does not relieve the county or health district of its obligations arising during the period of its authority or constitute a release or waiver by the Public Health Division with respect to such obligations.

(3) A county or health district that has relinquished its public health authority:

(a) Is not eligible for funds under ORS 431.380 or funds that are customarily distributed through an agreement delegating state public health authority to the county or health district;

(b) Shall return any unexpended funds that were distributed under ORS 431.380, or through any other agreement through which state public health authority was delegated to a county or health district; and

(c) May not be delegated any authority under ORS 446.425, 448.100, 448.170, and 624.510.

(4) A county or health district that has relinquished its public health authority may, at any time, request that its authority be restored. Such a request must be made to the State Public Health Director in writing and shall include an annual plan, a detailed explanation about how the issues that led to relinquishment have been addressed, and a plan to transition authority from the Public Health Division to the county or health district. The State Public Health Director shall consider the request and respond, in writing, either granting or denying the request within 90 days of the receipt of the request.

(a) If the request is approved, the Public Health Division shall identify the date that authority shall be transferred back to the county or health district.

(b) If the request is denied the State Public Health Director shall explain the basis for rejecting the request and shall include information about how the county or health district can address its deficiencies.

Stat. Auth.: ORS 413.042 & 431.375
Stats. Implemented: ORS 431.375
Hist.: PH 19-2014(Temp), f. & cert. ef. 6-20-14 thru 12-17-14

333-014-0090

Public Health Division as Local Public Health Authority

(1) If the local public health authority has relinquished its public health authority the Public Health Division shall perform the following services or activities, or contract with a private person or entity; an agency; or another county or health district to perform the following services or activities:

(a) The control and epidemiology of preventable diseases and conditions, including but not limited to:

(A) Communicable disease investigation and control;

(B) Tuberculosis case management;    

(C) Tobacco prevention, education and control activities;

(D) Assuring the availability of immunizations for human and animal target populations; and

(E) Disease control in schools.

(b) Parent and child health, which includes but is not limited to:

(A) Immunizations;

(B) Parent and child health services (including Maternal and Child Health block grant);

(C) Family planning; and

(D) Women, infants, and children nutrition services (WIC).

(c) Providing information and referrals to the public regarding local public health services.

(d) Environmental health services, including but not limited to inspection, licensure, consultation and complaint investigation of food services, tourist facilities, public swimming and spa pools, and drinking water, under ORS chapters 446, 448 and 624.

(e) Public health emergency preparedness.

(2) Relinquishment of public health authority under OAR 333-014-0080 shall be considered a failure or refusal to administer or enforce public health laws or rules under ORS 431.170.

(3) A county or health district shall be financially responsible for the costs incurred by the Public Health Division or its contractor in taking enforcement actions. Enforcement actions include but are not limited to:

(a) Isolation or quarantine under ORS 433.121 to 433.123;

(b) Inspections, investigations, and legally required activities under:

(A) ORS 433.006 (control of communicable disease);

(B) ORS 433.267(immunization of school children);

(C) ORS 433.855 (Indoor Clean Air Act);

(D) ORS 446.324, 446.335, 446.347 (tourist facilities);

(E) ORS 448.040, 448.051, 448.150, 448.175, 448.255, 448.280, 448.285 (water systems, pools and spas);

(F) ORS 624.020(3), 624.060, 624.073, 624.080(3), 624.086(5), 624.091(1), 624.096, 624.111(1), 624.340, 624.370, 624.380, 624.420 (restaurants, bed and breakfast facilities, commissaries, mobile units, vending machines); and

(G) ORS 433.235 to 433.284 (disease control in schools).

(c) Denials, suspensions, or revocations of a registration, license or certificate issued under ORS chapters 446, 448, or 624, imposition of civil penalties under ORS 433.855 and ORS chapters 446, 448, or 624 or other agency action that under any public health law is a contested case proceeding or that results in the issuance of an order in other than a contested case.

(d) Court actions to ensure compliance with state public health laws.

(e) The defense of any agency action in court.

Stat. Author: ORS 413.042, 431.262 & 431.375
Stats. Implemented: ORS 431.170 & 431.375
Hist.: PH 19-2014(Temp), f. & cert. ef. 6-20-14 thru 12-17-14

333-014-0100

Applicability

(1) OAR 333-014-0080 and 333-014-0090 apply to any county or health district that:

(a) Has provided notice of relinquishment prior to June 20, 2014 but not yet relinquished local public health authority; or

(b) Provides notice of or relinquishes local public health authority on or after June 20, 2014.

(2) For purposes of these rules the date of relinquishment is the date the county or health district no longer exercises local public health authority.

Stat. Author: ORS 413.042 & 431.375
Stats. Implemented: ORS 431.375
Hist.: PH 19-2014(Temp), f. & cert. ef. 6-20-14 thru 12-17-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​