The Oregon Administrative Rules contain OARs filed through January 15, 2010

 

DEPARTMENT OF HUMAN SERVICES, PUBLIC HEALTH DIVISION

333-012-0002

Requiring an Answer to Charges as Part of Notices to Parties in Contested Cases

To Parties in Contested Cases. In addition to the requirements stated in OAR 137-003-0001 of the Attorney General's Model Rules of Procedure adopted under OAR 333-012-0001, the notice to parties in contested cases may include a statement that an answer to the assertions or charges will be required and, if so, the consequence of failure to answer. A statement of the consequences of failure to answer may be satisfied by enclosing a copy of OAR 333-012-0003 with the notice.

Stat. Auth.: ORS 183, 690
Stats. Implemented:
Hist.: HD 112, f. & ef. 3-19-76; HD 7-1978, f. & ef. 5-24-78; HD 4-1991, f. 3-15-91, cert. ef. 4-1-91

333-012-0003

Hearing Requests and Answers; Consequences of Failure to Answer

(1) A hearing request, and answer when required, shall be made in writing to the Administrator by the party or his attorney and an answer shall include the following:

(a) An admission or denial of each factual matter alleged in the notice;

(b) A short and plain statement of each relevant affirmative defense the party may have.

(2) Except for good cause:

(a) Factual matters alleged in the notice and not denied in the answer shall be presumed admitted;

(b) Failure to raise a particular defense in the answer will be considered a waiver of such defense;

(c) New matters alleged in the answer (affirmative defenses) shall be presumed to be denied by the agency; and

(d) Evidence shall not be taken on any issue not raised in the notice and the answer.

Stat. Auth.:
Stats. Implemented:
Hist.: HD 112, f. & ef. 3-19-76

333-012-0004

State Public Health Laboratory Reports

(1) In contested case hearings the Division, where applicable to the issues, may introduce the results of tests conducted by the State Public Health Laboratory on specimens of water or suspected sewage discharge collected by Division or local health agency personnel.

(2) Such evidence will be accepted as a part of the record without production of additional foundation evidence as to the handling, testing, and reporting procedures connected therewith and objections thereto will be considered waived, unless written request for the production of such evidence is received from a party by the Enforcement Section of the Office of Protective Health Services, State Health Division, 720 State Office Building, 1400 S.W. Fifth Avenue, Portland, OR 97201, at least seven days in advance of the scheduled hearing.

(3) This rule relates only to the production of foundation evidence by the Health Division and does not affect or prohibit the production of evidence by any person having standing to be heard in the proceeding.

Stat. Auth.: ORS 183, 222
Stats. Implemented:
Hist.: HD 149, f. & ef. 12-12-77; HD 6-1978, f. & ef. 4-24-78

333-012-0010

Copies of Ordinances to be Submitted to the Division

Not less than two legible copies of any ordinance, rule, or regulation adopted by any city, county, or district board of health shall be submitted to the State Health Division, within seven days of its adoption, and, whenever practicable, at least two weeks in advance of the effective date of such ordinance, rule, or regulation.

Stat. Auth.:
Stats. Implemented:
Hist.: HB 162, f. 3-20-62

333-012-0035

Purpose

OAR 333-012-0035 through 333-012-0045 govern the conduct of hearings held by the State Health Division in proceedings for annexation of territories to cities for health reasons under ORS 222.850 through 222.915 and for formation of districts or for annexation of territories to existing districts for health reasons under ORS 431.705 through 431.760.

Stat. Auth.: ORS 183, 222, 431, 448
Stats. Implemented:
Hist.: HB 260, f. & ef. 12-14-70; HD 126, f. & ef. 8-13-76; HD 3-1981(Temp), f. & ef. 3-13-81; HD 16-1981, f. & ef. 8-19-81

333-012-0040

Rules

(1) Hearing officials. The hearing may be conducted by one or more members of the Division's staff to whom authority to conduct the hearing is delegated.

(2) Powers of hearing officials. Hearing officials shall have power to:

(a) Administer oaths and affirmations;

(b) Examine witnesses;

(c) Rule upon offers of proof and receive evidence;

(d) Regulate the course of the hearing, including the power to eject any person who in any manner interferes with the orderly procedure of a hearing;

(e) Dispose of procedural requests or similar matters;

(f) Prepare and submit to the Division written findings of fact and recommendations based thereon; and

(g) Take any other action proper under these rules.

(3) Appearances. Any person who may be affected by the finding, including the city, may be heard. Each such person may be represented by counsel.

(4) Standard of conduct. Contemptuous conduct by any person present at a hearing shall be grounds for his exclusion from the hearing by the hearing official.

(5) Hearing reporter. The official record of the hearing shall be stenographically or mechanically recorded. The method used shall be in the discretion of the Division or the hearing official.

(6) Copies of transcripts. Except as required under ORS Chapter 183, a copy of the transcript of the official record, when available, shall be furnished upon payment of the costs of reproduction to persons having a direct interest in the proceedings.

(7) Continuances and postponements. Continuances or postponements of any hearing may be granted by the Division or the hearing official for good cause shown.

(8) Evidence:

(a) Except as provided in subsection (b) of this section, testimony of witnesses at a hearing shall be upon oath or affirmation administered by the hearing official or by any person authorized by law to administer oaths. Such testimony shall be subject to cross-examination;

(b) A witness may be heard other than under oath without being subject to cross-examination, but any informal statements of fact will not be a part of the record for decision, review, or appeal purposes;

(c) The hearing official may limit oral argument in his discretion;

(d) A person authorized to be heard shall have the right to present his case by oral, documentary, or other satisfactory evidence, to submit evidence in rebuttal, and to conduct such cross-examination as may be required for a full and complete disclosure of the facts;

(e) Evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible;

(f) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded;

(g) All offered evidence, not objected to, will be received by the hearing official subject to his power to exclude irrelevant, immaterial, or unduly repetitious matter;

(h) Evidence objected to may be received by the hearing official with rulings on its admissibility or exclusion to be made at the time a final order is issued;

(i) The hearing official may limit expert opinion evidence in his discretion;

(j) Rules of privilege recognized by law shall be applicable;

(k) After first advising of intention to do so, notice may be taken of judicially cognizable facts as is provided by law;

(l) Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference;

(m) The provisions of ORS 183.450 shall be applicable.

(9) Hearing official's findings and recommendations. At the conclusion of the hearing, the hearing official or officials conducting the hearing shall prepare and submit to the Division the findings of fact and recommendations based thereon.

Stat. Auth.: ORS 222
Stats. Implemented:
Hist.: HB 260, f. & ef. 12-14-70; HD 22(Temp), f. & ef. 8-17-72; HD 23, f. 9-26-72, ef. 10-15-72; HD 126, f. & ef. 8-13-76

333-012-0041

State Public Health Laboratory Reports

(1) In a hearing under ORS 222.875 or 431.730, the State Health Division may introduce the results of tests conducted by a state or federal laboratory or by laboratories certified by a state or federal agency on specimens of water, suspected sewage discharge or stool specimens.

(2) Such evidence will be accepted as a part of the record without production of additional foundation evidence as to the handling, testing, and reporting procedures connected therewith and objections thereto will be considered waived, unless written request for the production of such evidence is received by the Enforcement Section of the Office of Environmental Health Services, State Health Division, 610 State Office Building, 1400 S.W. Fifth Avenue, Portland, OR 97201, at least seven days in advance of the scheduled hearing. Requests must state facts identifying the requester as potentially affected by the findings of the hearing.

(3) This rule relates only to the production of foundation evidence by the Health Division and does not affect or prohibit the production of evidence by any person having standing to be heard in the proceeding.

Stat. Auth.: ORS 183, 222, 431, 448
Stats. Implemented:
Hist.: HD 142(Temp), f. & ef. 7-22-77; HD 149, f. & ef. 12-12-77; HD 6-1978, f. & ef. 4-24-78; HD 3-1981(Temp), f. & ef. 3-13-81; HD 16-1981, f. & ef. 8-19-81

333-012-0043

Presentation of Argument Following Submission of Hearings Officer's Findings

The Administrator will consider arguments following submission of the hearings officer's findings and recommendations in the proceeding as follows:

(1) Written arguments, when a petition is submitted within 15 days after publication of the notice, containing:

(a) Facts showing the petitioner has a proper interest, i.e., that petitioner may be affected by the findings, or that petitioner is the affected city or district;

(b) A summary statement of the argument showing that it is limited to commenting upon, and citing the Administrator to, evidence in the record as it bears upon the findings and/or recom-mendations;

(c) A request that a time be set by which the written argument is to be submitted (or the written argument may be submitted at the time of submitting the petition in which case this subsection need not be complied with). If written argument is allowed (and has not been submitted), the Administrator will notify the petitioner of the time by which written argument is to be submitted.

(2) Oral arguments when a petition so requesting is submitted within 15 days after publication of the notice containing the matters stated in subsections (1)(a) and (b) of this rule and additionally containing a statement which in the judgment of the Administrator shows good and sufficient reason why submission of written argument would not adequately serve the purpose. If oral argument is allowed by the Administrator, the Administrator will notify the petitioner of the time and place for receipt of argument. If oral argument is denied, the Administrator will, however, if the petitioner has demonstrated satisfactory compliance with section (1) of this rule, allow a period of time for written argument from the petitioner.

Stat. Auth.: ORS 183, 222, 431, 448
Stats. Implemented:
Hist.: HD 102, f. & ef. 1-21-76; HD 3-1981(Temp), f. & ef. 3-13-81; HD 16-1981, f. & ef. 8-19-81

333-012-0045

Petitions for Exclusion of Territory

(1) Any person or persons entitled to be heard in a hearing under ORS 222.850 through 222.915 or 431.705 through 431.760 wishing to raise a question of reduction of boundaries under ORS 222.880 or 431.735 for consideration shall do so by filing a petition with the Administrator not later than 20 days after publication of a notice advising of the Administrator's intent to issue findings under ORS 222.880 or 431.735 in the newspaper utilized for the notice of hearing.

(2) The petition shall allege the facts upon which basis the reduction should be considered and made including those stated in section (3) of this rule and shall:

(a) Legally describe the boundaries of the area proposed for exclusion;

(b) Be accompanied by a copy of an assessor's map showing the boundaries of the property in outline; and

(c) Include the tax lot number and tax map number currently assigned for assessment and taxation purposes.

(3) A petitioner for exclusion must allege and prove:

(a) The absence of a danger to public health in the area proposed for exclusion;

(b) That the area proposed to be excluded would not be surrounded by the territory remaining to be annexed;

(c) That the area proposed to be excluded would not be directly served by the sanitary, water or other facilities necessary to remove or alleviate the danger to public health existing in the area remaining to be annexed; and

(d) That the reduction of boundaries would be in accordance with the statewide planning goals for the area established under ORS Chapter 197.

(4) The notice of intent referred to in section (1) of this rule will specify where copies of the intended findings may be secured.

(5) Any person or persons entitled to be heard in an annexation proceeding under ORS 222.850 through 222.915 or district formation or annexation to a district under ORS 431.705 through 431.760, or the affected city or district may have notice of the intended findings mailed to them by filing a request with the Administrator or hearings officer prior to the publication in the newspaper.

(6) Notice of hearing on petitions for exclusion shall be made in the newspaper stated in section (1) of this rule. Any person or the city as stated in section (5) of this rule, may provide evidence at the hearing either as a proponent or in opposition to the allegations of the petition.

(7) Any person or the city as stated in section (5) of this rule, may have notice of a hearing on petitions for exclusion mailed to them by filing a request with the Administrator prior to publication of the same in the newspaper.

Stat. Auth.: ORS 183, 222, 431, 448
Stats. Implemented:
Hist.: HD 80(Temp), f. & ef. 2-5-75; HD 87, f. 5-29-75, ef. 6-25-75; HD 133(Temp), f. & ef. 12-13-76; HD 138, f. & ef. 3-9-77; HD 9-1979, f. & ef. 8-14-79; HD 3-1981(Temp), f. & ef. 3-13-81; HD 16-1981, f. & ef. 8-19-81

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 will provide environmental health services to establishments and facilities licensed under ORS 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 Health Services of the Department of Human Services or an authorized representative;

(c) "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;

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

(e) "Department" means the Oregon Department of Human Services;

(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 critical 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, 448 & 624
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

333-012-0053

Licensing and Fees

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

(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% is allocated for office and administrative duties and consultation, and 75% 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, one and one half hours;

(B) 16-50 seats, one and three quarter hours;

(C) 51-150 seats, two hours;

(D) Over 150 seats, two and one half hours.

(c) An average recheck inspection rate of 40% with an average critical 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 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% of direct costs;

(c) A ratio of up to .35 FTE for clerical support and up to .25 FTE for supervision to field staff FTE respectively, must be observed;

(d) Charges for services and supplies may not exceed a ratio of .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 Department 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 adopt a fee schedule for facilities that require more than two recheck inspections per year.

(7) The Local Public Health Authority may set a fee for costs associated with plan review conducted under guidelines established by the Department.

(8) The Local Public Health Authority may set a reinstatement fee for late license reinstatement.

(9) The Local Public Health Authority may 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.

(10) 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.

(11) The Local Public Health Authority may pro-rate fees for partial year operation as follows: From January 1 through September 30, a full license fee is required. From October 1 through December 31, half the annual fee must be assessed.

(12) If license fees assessed by the Local Public Health Authority are more than 20% above or below the fees established in ORS 624.490, the Local Public Health Authority must document and report to the Department 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).

(13) 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.

(14) 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 Department.

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

333-012-0055

Food Service Facilities, Mobile Units and Vending Machines

(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. For Vending Machines, the Local Public Health Authority shall evaluate at least 10% 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) Temporary Restaurants must receive a minimum of one inspection during operation for each license issued;

(B) Benevolent Temporary Restaurants must receive an inspection or a consultation in lieu of an inspection.

(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 Department.

(3) The Local Public Health Authority must 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 Department.

(4) A pre-operational or construction inspection must be conducted 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.

(5) A complete inspection to assign a public notice of sanitation must be conducted 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.

(6) Inspection reports must be filled out completely and must 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, time limits must be specified for all corrections stated;

(c) Food Service -- Inspections must be documented as specified in OAR 333 Division 157 Inspection and Licensing Procedures. In addition, the Local Public Health Authority must indicate on the inspection report how a critical violation has been corrected during complete and recheck inspections;

(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/or vacuum gauge readings and flow rate as measured by flow meter.

(7) The Local Public Health Authority must conduct recheck inspections of establishments and facilities to determine if timely corrective action has been taken on noted critical violations or public health hazards.

(8) The Local Public Health Authority must, 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/or 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;

(d) The Local Public Health Authority must provide food and waterborne illness investigation materials, specified in guidelines provided by the Department, and a light meter for staff to share. The Food Program Policy Manual must be maintained and updated as well as other information required by the Department.

(9) The Local Public Health Authority must, 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

333-012-0057

Consultation Services Remittance

(1) Food Service -- On behalf of the Department, the Local Public Health Authority must collect fees from food service establishments and remit to the Department 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 Department 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 Department 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 will be represented in the annual Intergovernmental Agreement.

(g) The Local Public Health Authority must provide to the Department a quarterly remittance based on the total biennial assessment. Fifty percent of the assessment is payable each year unless otherwise negotiated with the Department. The annual amount remitted by the Local Public Health Authority in the first year of the biennium may not be less than 35% 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 Department 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 Department 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 Department 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% of the state licensing fee or 15% of the Local Public Health Authority license fee, whichever is less, to the Department 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

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 require at least one Environmental Health Specialist engaged in the food, tourist facility and public swimming pool programs to attend annual Department sponsored or approved training in all three program areas.

(4) Within one year of hiring, the Local Public Health Authority must send all Environmental Health Specialists to an orientation provided by the Department. This requirement does not apply to staff that have previously attended the training while employed in another jurisdiction.

(5)(a) The Local Public Health Authority must maintain at least one Environmental Health Specialist on staff or through contract that has a current certification from the Department as a Food Service Standardization Officer. 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 subsection (a) of this section, the Local Public Health Authority may develop a training plan approved by the Department that allows for a longer time limit to comply with the certification requirement in subsection (a) of this section.

(6) The Local Public Health Authority must 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 Department within 24 months of employment. The Department 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

333-012-0061

Food Handler Training

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

333-012-0063

Record Keeping and Reporting

(1) Records as outlined in ORS 183.415(7) and (8) must be kept by the Local Public Health Authority 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) The Local Public Health Authority must, at a minimum, maintain records according to the Archive Division rules of the following: Inspection reports; complaints and their disposition; communicable disease or suspected food-borne illness investigations; public swimming pool accidents; license applications and licenses issued; food service inspection scores; changes in public notice placards; food handler training materials; plan review records; records of all license denials, revocations, suspensions or other temporary closures; and Failed to Comply notices posted or any other enforcement actions taken.

(3) The Local Public Health Authority must provide to the Department program information such as inspections conducted, workload indicators, fee schedules and violation summaries on request. The Local Public Health Authority must also respond to surveys conducted by the Department. Program information and surveys must be submitted on forms or in a format as required by the Department.

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

333-012-0065

Epidemiology and Accident Investigation and Reporting

(1) The Local Public Health Authority must investigate all suspected illnesses connected with food service facilities, public swimming pools and tourist facilities. The reports of all investigations of confirmed illnesses must be submitted to the Department as required by OAR 333-018. The Local Public Health Authority must also notify the Department of investigations expected to result in confirmed foodborne illness.

(2) The Local Public Health Authority must investigate all reportable accidents. Results of investigations, including copies of accident reports, must be provided in writing to the Department.

Stat. Auth.: ORS 446.425, 448.100 & 624.510
Stats. Implemented: ORS 446, ORS 448 & ORS 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

 333-012-0067

Enforcement Procedures

(1) The Local Public Health Authority must 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) The Local Public Health Authority must 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. Failure to do so is considered unacceptable surveillance and enforcement.

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

333-012-0070

Minimum Standards, Program Review and Penalties

(1)(a) The Local Public Health Authority may request approval to implement alternative inspection or enforcement procedures. The Local Public Health Authority must submit a plan that includes expected performance measures and outcomes and the procedure 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 624 and rules adopted thereunder must be approved by the Department 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 will result in an immediate danger to public health, Local Public Health Authorities may adopt ordinances without prior Department approval. This subsection does not affect ordinances that are required to be adopted as specified in these rules.

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

(3) The Local Public Health Authority will be subject to a triennial fiscal audit conducted by the Department. The Local Public Health Authority may also be subject to additional fiscal audits if deemed necessary by the Department.

(4) The Local Public Health Authority will be surveyed at least annually to determine accomplishments and needs. This knowledge will guide the Department in providing assistance, guidance, training, consultation and support as needed.

(5) If a 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 will be notified. The Local Public Health Authority must correct the deficiencies within the time frames required and report the corrections to the Department.

(a) If the Department determines that the deficiencies result in a serious human health hazard, compliance will be required immediately. If the Department 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 Department, 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 Department may allow a longer time frame for compliance if deemed necessary;

(c) If the Department 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 Department may order the Local Public Health Authority to adjust any fee, as soon as is possible, to a level supported by the Department'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 Department 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 Department may return authority to the Local Public Health Authority and may initiate a review to determine if delegation is to be continued.

(7) The Department 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 Department will immediately respond to a request by the Local Public Health Authority for personnel or equipment during an emergency. If the Department is unable to assist as requested, the Department will 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

333-012-0250

AIDS Drug Assistance Program

(1) Purpose. The AIDS Drug Assistance Program (ADAP) provides medications for the treatment of HIV disease. The program is primarily funded through Title II of the Ryan White CARE Act, which provides grants to States and Territories. The Department of Human Service shall administer the federal funds awarded under Title II of the Ryan White Care Act for the State of Oregon.

(2) Services. Program funds may be used to provide access to medication, purchase health insurance for eligible clients and services that enhance access, adherence, and monitoring of drug treatments.

(3) Eligibility: Individuals must provide documentation of a HIV diagnosis and meet income and resource guidelines as set by the Department of Human Services and other criteria as defined in the Ryan White Care Act.

(4) This program shall be in effect as long as authorized funds are available.

(5) The Department of Human Services will periodically re-evaluate its experience with the program in order to fully utilize the funds available.

Stat. Auth.: ORS 431, 432, 433 & 434
Stats. Implemented:
Hist.: HD 14-1987(Temp), f. & ef. 9-30-87; HD 9-1988, f. 5-11-88, cert. ef. 5-12-88; HD 1-1990(Temp), f. & cert. ef. 1-8-90; PH 9-2005, f. 6-15-05, cert. ef. 6-21-05

333-012-0260

Definitions

For purposes of OAR 333-012-0260 through 333-012-0270, the following definitions shall apply:

(1) "AIDS" refers to the acquired immunodeficiency syndrome, which is caused by infection with the human immunodeficiency virus (HIV). An individual is considered to have AIDS only when the consequences of the HIV infection has reached the stage that meets strict clinical criteria published by the United States Public Health Service's Centers for Disease Control and Prevention in the "Morbidity and Mortality Weekly Report", December 18, 1992, Volume 41, Number RR-17, pages 1 - 4, and revised by the Council of State and Territorial Epidemiologists Position Statement 05-ID-04 (available at http://www.cste.org/PS/2005pdf/final2005/05-ID-04final.pdf), which publications are hereby adopted by reference.

(2) "Division" means the Oregon Department of Human Services.

(3) "Employer Representative" means a person, representing the employer of the exposed worker, who is responsible for compliance with OR-OSHA regulations (as defined in OAR 333-012-0280(5)).

(4) "Exposed Patient" means a person receiving health care who receives an exposure that may, on evaluation, be determined to have been a substantial exposure from the health care worker administering health care to the patient.

(5) "Exposed Worker" means a worker who experiences a substantial occupational exposure.

(6) "Health Care Representative" means a person with authority to make health care decisions for another person who is incapable of consent to health care.

(7) "HIV Test" means a Food and Drug Administration (FDA) approved test of an individual for the presence of the human immunodeficiency virus (HIV), or for antibodies or antigens that result from HIV infection, or for any other substance specifically associated with HIV infection and not with other diseases or conditions.

(8) A "HIV-Positive Test" means a positive result on the most definitive HIV test procedure used to test a particular individual. In the absence of the recommended confirming tests, this means the result of the initial test done.

(9) "Licensed Health Care Facility" means a health care facility as defined in ORS 442.015 and a mental health facility, alcohol treatment facility or drug treatment facility licensed or operated under ORS Chapters 426 or 430.

(10) "Licensed Health Care Provider" means a person licensed or certified to provide health care under ORS Chapters 677, 678, 689, 680, 684 or 685 or ORS 682.216, or under comparable statutes of any other state.

(11) "Licensed Physician" means any physician who is licensed by the Board of Medical Examiners for the State of Oregon, State Board of Podiatry Examiners, State Board of Chiropractic Examiners, or Naturopathic Board of Examiners.

(12) "Local Health Department" means the local health department administrator or his/her designated representative.

(13) "Occupational Exposure" means a substantial exposure of a worker during the performance of the worker's occupation.

(14) "Person(s)" includes, but is not limited to, any licensed physician; other licensed health care provider; licensed health care facility; mental health facility, alcohol treatment facility, or drug treatment facility not licensed as a licensed health care facility under ORS Chapter 441; clinical laboratory; blood or sperm bank; plasma center; insurer; insurance agent; insurance-support organization as defined in ORS 746.600; government agency; employer; research organization; or agent of any of the foregoing.

(15) "Source Person" means a person whose body fluids were the source of a substantial exposure.

(16) "Substantial Exposure" means contact with blood or blood components, semen, or vaginal/cervical secretions through percutaneous inoculation or contact with an open wound, non-intact skin, or mucous membrane of the exposed person. Substantial exposure includes contact with other body fluids only if they are visibly contaminated with blood. In situations at accident sites and in other uncontrolled environments with poor lighting where it is not possible to evaluate if the fluids were visibly contaminated with blood, contact with fluids that reasonably may have been so contaminated constitutes substantial exposure.

(17) "Worker" means a person who is licensed or certified to provide health care under ORS Chapters 677, 678, 679, 680, 682, 684 or 685, an employee of a health care facility, of a licensed health care provider or of a clinical laboratory, as defined in ORS 438.010(1), a firefighter, a law enforcement officer, as defined in ORS 414.805, a corrections officer or a probation officer.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 433.045 - 433.080
Stats. Implemented: ORS 433.006 & 433.065
Hist.: HD 5-1988, f. 3-15-88, cert. ef. 3-18-88; HD 25-1990, f. & cert. ef. 12-17-90; HD 29-1994, f. & cert. ef. 12-2-94; HD 7-1997, f. & cert. ef. 6-26-97; PH 6-2006, f. & cert. ef. 4-17-06

333-012-0262

Scope

OAR 333-012-0265 and 333-012-0270 pertain to the provisions of ORS 433.045 regarding informed consent for HIV testing and confidentiality of HIV test results. OAR 333-012-0266 through 333-012-0269 pertain to the provisions of ORS 433.065 regarding procedures for testing of source persons involved in the occupational exposure to body fluids, ORS 433.075 regarding content of employer-provided prevention, education and testing programs for human immunodeficiency virus, and ORS 433.080 regarding mandatory testing of source persons to help prevent further spread of HIV from persons exposed to the virus in occupational settings. OAR 333-012-0280 through 333-012-0400 are promulgated under the authority of ORS 431.110(1)(e) and 433.004(1)(d) and regard the prevention of transmission of hepatitis B virus and HIV from an infected health care worker to a patient in an occupational setting.

Stat. Auth.: ORS 431.110(1)(e), 433.004(1)(d) & 433.045 - 433.080
Stats. Implemented:
Hist.: HD 5-1988, f. 3-15-88, cert. ef. 3-18-88; HD 25-1990, f. & cert. ef. 12-17-90; HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0264

Procedures for Determining HIV and Hepatitis B Status of Source Person Following Occupational Exposure to Body Fluids

(1) Any worker who experiences an occupational exposure may make a confidential written report of the incident and request for intervention to the health care provider and/or health care facility primarily responsible for the care of the source person. The employer representative may also make such a report and/or request.

(2) A health care facility shall establish and follow written procedures by which such reports and requests are first presented to the facility by the exposed worker and then, in turn, by the facility to the source person's primary health care provider;

(3) When the care of the source person is not being provided in a health care facility, the exposed worker or their employer representative may make the report and request for intervention directly to the source person's health care provider or if the source person's health care provider is unknown, the local health department (see sections 5(a)-(d) below);

(4) Once the report is received, the health care facility or source person's health care provider shall evaluate the evidence that the exposure was substantial. If the facility or source person's health care provider judge that the exposure was not substantial, the exposed worker may request their own health care provider to evaluate whether or not the exposure was substantial. If the respective health care providers do not agree, the local health department administrator or designee shall decide whether or not the exposure is substantial, upon request. If it is judged to have been a substantial exposure, the source person's health care provider shall notify the exposed worker whether the source person has been tested for HIV or for hepatitis B or C, and, if so, what the test results were, provided that:

(a) The individual whose HIV or hepatitis B or C test information is released is notified in writing of this disclosure; and

(b) The identity of the person tested for HIV or hepatitis B or C is not explicitly disclosed during the notification process. Any individual who has HIV or hepatitis B or C information about another individual pursuant to this subsection shall not disclose the identity of that tested individual, or the results of such a test in a manner which permits identification of that tested individual without that individual's specific written authorization, except as otherwise required or permitted by Oregon law.

(5) The exposed worker or their employer representative may make a written report of the substantial exposure and request for intervention to the local public health department for the jurisdiction in which the exposure occurred, if any of the following circumstances exist:

(a) A specimen is not obtained from the source person within two working days after the written report is received by the source person's health care provider, regardless of the reason;

(b) No health care provider for the source person is known;

(c) The health care provider who has received a report of an occupational exposure and request for intervention finds that the facts stated do not demonstrate that a substantial exposure has occurred;

(6) Under any of these circumstances, the local public health officer will review the facts and decide whether a substantial exposure did in fact occur.

(7) Intervention by the local public health department. When the local public health administrator is notified of an occupational exposure, within two working days he or she shall follow the procedures outlined above in sections 4(a) and (b).

(8) Pursuant to ORS 433.065 and 433.006, an exposed worker shall be offered information about HIV and Hepatitis B or C infections, methods of preventing HIV or Hepatitis B or C infections, HIV and Hepatitis B or C tests and assistance in following the procedures outlined above. For employed workers this information and assistance shall be provided by the employer of the worker. Persons who are self-employed may obtain this information and assistance from a representative of the local health department.

Stat. Auth.: ORS 433.045 - 433.080
Stats. Implemented: ORS 433.006, 433.065
Hist.: HD 29-1994, f. & cert. ef. 12-2-94; HD 7-1997, f. & cert. ef. 6-26-97

333-012-0265

Informed Consent

(1) General scope. Pursuant to ORS 433.045, no person shall submit the blood of an individual to an HIV test without first obtaining informed consent or ascertaining that informed consent is obtained. This requirement does not apply to the HIV testing of women during pregnancy or delivery (ORS 433.045, 433.017 and OAR 333-018-0030), or HIV testing of deceased persons in the anatomical gift setting or the official medical examiner setting or where a clinical laboratory performs an HIV test on a specimen obtained outside of Oregon.

(2) Who may give consent:

(a) Anyone permitted by the laws of Oregon to give consent to medical procedures for a particular individual may give consent for HIV testing of that individual;

(b) A minor under 15 years of age may also give consent.

(3) Statutory exceptions to the requirement of informed consent prior to HIV testing:

(a) Pursuant to ORS 433.055(3), informed consent for an HIV test need not be obtained from an individual if the test is for the purpose of research as authorized by the Division and if the testing is performed in a manner by which the identity of the individual is not known, and may not be retrieved by the researcher;

(b) Pursuant to Section 20(4), Chapter 600, Oregon Laws 1987, informed consent for an HIV test need not be obtained from an individual convicted of sex crimes or drug-related crimes who is tested for HIV infection by the Oregon Department of Corrections after being screened for and found to have evidence for possible exposure to HIV;

(c) Nothing herein is intended to exclude any other exceptions that may arise under Oregon law.

(4) Informed consent for HIV tests ordered by licensed physicians. In obtaining informed consent for an HIV test, a licensed physician shall follow the procedure in ORS 677.097.

(5) Informed consent for HIV tests ordered by other licensed health care providers or persons acting on behalf of licensed health care facilities. In obtaining informed consent for an HIV test, an other licensed health care provider or persons acting on behalf of a licensed health care facility shall use a procedure that is substantially similar to that specified in ORS 677.097.

(6) Informed consent for HIV tests ordered or arranged for by insurers, insurance agents, or insurance support organizations. In obtaining informed consent for an HIV test, an insurer, insurance agent, or insurance support organization as defined in ORS 746.600, or persons acting in behalf thereof, shall comply with the rules of the Insurance Division, OAR 836-050-0200 through 836-050-0255, which contain substantially the same procedures as specified in subsection (7)(a) of this rule.

(7) Informed consent for HIV tests ordered or arranged for by any persons other than those covered in sections (4), (5), and (6) of this rule. Informed consent for HIV tests ordered or arranged for by any persons other than: licensed physicians; other licensed health care providers; persons acting on behalf of licensed health care facilities; or insurers, insurance agents, and insurance-support organizations, as defined in ORS 746.600, shall be obtained as specified in this section:

(a) Procedure for informed consent. Except as provided in subsection (7)(b) of this rule, in order to obtain informed consent for an HIV test of an individual, any person subject to section (7) of this rule shall carry out the following procedure:

(A) Provide the individual for his/her retention a copy of the form as specified in Appendix 1;

(B) Orally summarize for the individual the substance of the statement in Appendix 1 and specify alternatives to the HIV test in the particular instance, and if the test information will be disclosed to others, who those others will be;

(C) Explain the risks from having the HIV test. This shall include a description of Oregon law pertaining to the confidentiality of information about an individual having the test and that individual's test results; a statement that there may be circumstances under which disclosure might be permitted or required without consent; and a statement of the potential consequences in regards to insurability, employment, and social discrimination if the HIV test results become known to others;

(D) Inform the individual that he or she has the right to request additional information from a knowledgeable person before giving consent;

(E) Ask the individual to be tested whether he/she has any further questions, and if so, provide the individual a full and complete opportunity to ask those questions and receive answers from a person who is sufficiently knowledgeable to give accurate and complete answers about AIDS, HIV tests and the consequences of being tested or not tested;

(F) Have the individual sign a consent form as specified in Appendix 1, after having had an opportunity to read it;

(G) Maintain the signed form as specified in Appendix 1 for at least seven years.

(b) Exemptions from use of the form as specified in Appendix 1:

(A) Blood banks, plasma centers, and sperm banks may apply to the State Public Health Director for exemption from mandatory use of a form as specified in Appendix 1. In order to be eligible for such exemption, the blood bank, plasma center, or sperm bank must use a form or forms having a content substantially similar to that specified in Appendix 1. Approval of exemption by the State Public Health Director shall be in writing and shall be effective as to the form or forms approved for use under the application. The application must be in writing, dated and signed by the executive officer of the blood bank, plasma center, or sperm bank, and include a copy of the form or forms for which exemption is requested;

(B) If exemption is granted, all procedures specified in paragraphs (7)(a)(B)-(G) of this rule shall be applied in using the approved form adopted by the blood bank, plasma center, or sperm bank.

[ED. NOTE: Appendices referenced are available from the agency.]

Stat. Auth.: ORS 433
Stats. Implemented: ORS 433.045
Hist.: HD 5-1988, f. 3-15-88, cert. ef. 3-18-88; HD 29-1994, f. & cert. ef. 12-2-94; PH 19-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-29-06; PH 6-2006, f. & cert. ef. 4-17-06

333-012-0266

Procedures for Soliciting HIV Testing Following Occupational Exposures to Body Fluids

Pursuant to ORS 433.065, concerning who may request that testing be done and the procedures to be followed in obtaining test results:

(1) Procedures described under Section 333-012-0264 should be followed. If it is judged that the exposure was substantial, the source person's health care provider or local health department shall approach the source person or the source person's health care representative and solicit consent to testing. This rule applies both to exposed workers who are employed by the facility and to exposed workers whose substantial exposure occurs during preadmission care of source persons transported to that facility;

(2) When the source person is deceased, a request for consent to testing under this section shall be made to the person having the right to control the remains of the decedent, as specified in ORS 97.130. When a source person is unable to give consent as determined by the health care provider, anyone permitted by the laws of Oregon to give consent to medical procedures for a particular individual may give consent for HIV testing of that individual. If, within reasonable effort, such a person cannot be found, consent may be given by two physicians lisenced to practive medicine in the state of Oregon.

(3) The fact that a request for consent to a test was made, the date of the request, and whether or not the source person or the source person's health care representative consented to be tested shall be recorded in writing and signed by the health care provider or local public health administrator or designee requesting consent. This record shall immediately be made available to the exposed worker.

(4) If consent for testing is given, the HIV test results may be released to the exposed worker provided that :

(a) The individual whose HIV test results are released is notified in writing of this disclosure; and

(b) The identity of the person tested for HIV is not explicitly disclosed during the notification process. Any individual who has HIV information about another individual pursuant to this subsection shall not disclose the identity of that tested individual, or the results of such a test in a manner which permits identification of that tested individual without that individual's specific written authorization, except as otherwise required or permitted by Oregon law.

(5) If consent for HIV testing is refused, see section 333-012-0269 for procedures for mandatory HIV testing.

Stat. Auth.: ORS 433.045 - 433.080
Stats. Implemented: ORS 433.006 & 433.065
Hist.: HD 25-1990, f. & cert. ef. 12-17-90; HD 7-1997, f. & cert. ef. 6-26-97

333-012-0267

Procedures Following Substantial Exposure of a Patient by a Health Care Worker

(1) Any worker who has been the source of a substantial exposure to a patient while administering health care to that patient shall cause that exposure to be reported in writing to the exposed patient and to the worker's employer or health care facility where the exposure occurred within two days of the incident. Upon request by the health care worker or health care facility, the local health department shall provide assistance in making this notification to the exposed patient. The report shall advise the exposed patient if the worker will consent to an HIV test if it is requested. If the worker does not consent, the report will indicate that the exposed patient may request, with the assistance of the local public health department, the worker to consent to an HIV test. If two days have passed after a substantial exposure and a witness to the incident has reason to believe the patient has not been notified of the substantial exposure, the witness shall, if a worker, and may, if not a worker, notify either the health care worker's employer or the local health department and provide details of the incident.

(2) An exposed patient who has received a report of an exposure under section (1) of this rule may make a written request for intervention to the local public health administrator. Upon receipt of the report, the local health department administrator or designee shall, within two working days, request the health care worker to consent to testing. The fact that a request for consent to a test or tests was made, the date of the request and whether or not the source person consented to be tested shall be recorded in writing and signed by the local public health administrator or designee requesting the consent. The record shall immediately be made available to the exposed patient.

(3) Pursuant to ORS 433.065, a patient who has experienced a substantial exposure by a person providing them health care shall be offered information about HIV infection, methods of preventing HIV infection, and HIV tests. This information will be provided by the patient's primary care provider. Upon request by the patient's health care provider, the local health department administrator or designee shall provide assistance in providing this information to the exposed patient.

Stat. Auth.: ORS 433.045 - 433.080
Stats. Implemented: ORS 433.006 & 433.065
Hist.: HD 25-1990, f. & cert. ef. 12-17-90; HD 7-1997, f. & cert. ef. 6-26-97

333-012-0268

Other Procedures to be Followed

(1) When an HIV test is performed pursuant to OAR 333-012-0269, the blood specimen must be drawn by a licensed physician or another licensed health care provider under the supervision of a licensed physician or licensed nurse practitioner. The test(s) must be performed in a licensed clinical laboratory, which will report the results only to an authorized person pursuant to ORS 438.430. Once received from the laboratory, test results shall be reported confidentially both to the source person and to the person who suffered the substantial exposure giving rise to the test.

(2) Except as provided in ORS 433.080, the informed consent provisions of OAR 333-012-0265 and the confidentiality provisions of OAR 333-012-0270 shall apply to HIV testing pursuant to OAR 333-012-0267 and 333-012-0269.

(3) Pursuant to ORS 433.075(4), where an employer provides a program of prevention, education and testing for HIV exposures for its employees, the program will be considered to be approved by the Oregon Health Division if the employee to be tested receives counseling regarding infection control, uniform body fluids precautions, sexual/needle-sharing abstinence and safer sex practices including advice about precautionary measures to be taken with partners at risk of exposure to HIV while test results are pending. The Oregon Health Division will make the educational materials needed for such a program available at cost to any employer who requests such materials in writing. Laboratories used for testing services must comply with College of American Pathologists or U.S. Centers for Disease Control proficiency standards on a regular basis. If an employer does not have a testing program in place, the employer shall notify the exposed worker of a health care provider who will perform testing, or an exposed worker may seek medical treatment from a health care provider of his or her choice.

Stat. Auth.: ORS 433.045 - 433.080
Stats. Implemented: ORS 433.006 & 433.065
Hist.: HD 25-1990, f. & cert. ef. 12-17-90; HD 29-1994, f. & cert. ef. 12-2-94; HD 7-1997, f. & cert. ef. 6-26-97

333-012-0269

Procedures for Mandatory HIV Testing Following Occupational Exposure to Body Fluids

(1) The provisions of ORS 433.080, which describe the legal petition process for mandatory testing of a source person, may be invoked only if the petitioner:

(a) Has received a substantial exposure, and at the time of exposure either was an exposed worker or was a patient exposed to a health care worker during the provision of health care services;

(b) Has followed the procedures for soliciting voluntary HIV testing following occupational exposures to body fluids as outlined in OAR 333-012-0266;

(3) Provides written documentation from a licensed health care provider that the petitioner meets the above criteria (subsections (a) and (b)). Once this documentation is received, mandatory testing must be done within three weeks following the petition, if, on adjudication, it is found that the petitioner's claim has merit.

(2) The exposed worker/patient must agree to undergo HIV testing in order to activate the mandatory provisions of ORS 433.080. Written certification from a health care provider that such a test specimen has been submitted must be provided at the time the petition is filed to request a court order for mandatory testing of the source person.

(3) The mandatory provisions of ORS 433.080 shall only be activated if decisions regarding a specific medical intervention, such as post-exposure prophylaxis, will be significantly influenced based on the results of the test.

Stat. Auth.: ORS 433.045 - 433.080
Stats. Implemented: ORS 433.006 & 433.065
Hist.: HD 25-1990, f. & cert. ef. 12-17-90; HD 7-1997, f. & cert. ef. 6-26-97

333-012-0270

Confidentiality

(1) General. Pursuant to ORS 433.045(3), no person shall disclose or be compelled to disclose the identity of any individual who has an HIV-positive test result or HIV diagnosis, in a manner which permits identification of the subject of the test, except as required or permitted by the law of this state or any rule, or as authorized by the individual whose blood is tested. For purposes of this rule HIV test result means a positive HIV test result.

(2) Disclosure to or for tested individual. Positive and Negative HIV test results may be disclosed to the tested individual. HIV test results may be disclosed to the person ordering the test and to any other individual authorized by the laws of Oregon to give consent to medical procedures for the individual.

(3) Medical Information. When a licensed physician, other licensed health care provider, or licensed health care facility obtains an HIV test or HIV diagnosis of an individual, the test result, documentation of informed consent, and HIV diagnosis may be entered into the routine medical record of that individual maintained by that licensed physician, other licensed health care provider, or licensed health care facility. The information in the record may be disclosed in a manner consistent with ORS 192.518 to 192.526 to persons who must review the record for the purpose of treatment, payment or health care operations as those terms are defined in ORS 192.519.

(4) A physician may notify an individual who has had a substantial exposure to another individual whether that individual has been HIV tested, and, if so, what the test results were, provided that:

(a) The individual whose HIV test result is released is notified in writing of this disclosure; and

(b) The identity of the HIV tested person is not explicitly disclosed during the notification process. Any individual who receives an HIV test result about another individual pursuant to this rule shall not disclose the identity of that tested individual, or the results of such a test in a manner which permits identification of that tested individual without that individual's specific written authorization, except as required or permitted by Oregon law.

(5) Reporting HIV test results to public health authorities. Reporting the identity and test result of an individual with a HIV-positive test result to the Local Public Health Authority or Division on a death certificate, or as required or permitted by OAR 333-018-0000 through 333-018-0030 is not a breach of confidentiality.

(6) In the anatomical gift setting, the identity of a HIV tested deceased individual and that individual's HIV test results may be released to licensed physicians, other licensed health care providers, or licensed health care facilities to the minimum extent necessary to prevent contaminated anatomical parts from being transplanted into other individuals.

(7) Disclosure with authorization. Possession of HIV test results or HIV diagnosis does not confer the right to disclose this information to others, except as permitted by this rule and otherwise by Oregon law. HIV test results or HIV diagnosis and the identity of the tested individual may be released to any other party only with the specific written authorization of the tested individual. General consent for release of medical records is not sufficient. If, in the judgment of the attending licensed physician the patient is incapable of making health care decisions, then anyone permitted by the laws of Oregon to give consent to medical procedures for a particular individual may give authorization for release of HIV test results of that individual. The authorization for release of HIV test results and HIV diagnosis must specifically include:

(a) The statement that the HIV test result and HIV diagnosis may be released;

(b) The specific purpose for which the HIV result and HIV diagnosis may be released;

(c) Those to whom the HIV result and HIV diagnosis may be released;

(d) The specific time period during which the release may occur; and

(e) The date of the authorization, and the signature of the individual giving authorization.

Stat. Auth.: ORS 433.045
Stats. Implemented: ORS 433.045 - 433.080
Hist.: HD 5-1988, f. 3-15-88, cert. ef. 3-18-88; HD 6-1990(Temp), f. 2-22-90, cert. ef. 3-1-90; HD 25-1990, f. & cert. ef. 12-17-90; HD 16-1991, f. & cert. ef. 10-10-91; HD 29-1994, f. & cert. ef. 12-2-94; PH 1-2007, f. & cert. ef. 1-16-07

333-012-0280

Definitions

For the purpose of OAR 333-012-0280 through 333-012-0400, the following definitions apply. Other definitions pertaining to these rules are listed in OAR 333-012-0260:

(1) "Health Care Provider" as defined in OAR 333-017-0000(25) means a person who has direct or supervisory responsibility for the delivery of health care or medical services. This shall include, but not be limited to: Licensed physicians, nurse practitioners, physician assistants, nurses, dentists, medical examiners, and administrators, superintendents and managers of clinics, health care facilities as defined in ORS 442.015(13) and licensed laboratories.

(2) "Reviewable Health Care Provider" means a health care provider who routinely performs or participates in the performance of surgical, obstetric, or dental procedures that:

(a) Pose a significant risk of a bleeding injury to the arm or hand of the health care provider; and

(b) Are of a nature that reasonably could result in the patient having an exposure to the health care provider's blood in a manner capable of effectively transmitting HIV or hepatitis B virus (HBV), for example, due to the inability of the health care provider to withdraw the injured limb. Examples of procedures that do not carry this significant risk include, but are not limited to: oral, rectal, or vaginal examinations; phlebotomy; administering intramuscular, intradermal, or subcutaneous injections; needle biopsies, need aspirations, and lumbar punctures; cutdown and angiographic procedures; excision of epidermal or dermal lesions; suturing of superficial lacerations; endoscopy; placing and maintaining peripheral and central intravascular lines, nasogastric tubes, rectal tubes, and urinary catheters; or acupuncture.

(3) "HBsAg" means the surface antigen of the hepatitis B virus.

(4) "HBeAg" means the "e" antigen of the hepatitis B virus.

(5) "OR-OSHA" means the Oregon Occupational Safety and Health Division of the Oregon Department of Consumer and Business Services.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93; HD 29-1994, f. & cert. ef. 12-2-94

333-012-0290

Preamble

(1) The purpose of OAR 333-012-0280 through 333-012-0400 is to prevent the transmission of hepatitis B virus and human immunodeficiency virus to patients from infected health care providers. The Division declares that strict adherence to proper infection control procedures by all health care providers is the primary way to prevent such transmission. The Division recognizes that when proper infection control procedures are used, the risk of transmission of HIV or hepatitis B virus from reviewable health care providers to their patients is negligible.

(2) In the event that an HIV-infected health care provider demonstrates symptoms of cognitive, emotional, behavioral or neurologic impairment, he or she should be treated like any other distressed and/or impaired health care provider, following the standards of the appropriate professional licensing board.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0300

Infection Control

(1) All health care providers and health care facilities shall strictly adhere to the infection control requirements of OAR 333- 017-0005(1) and applicable sections of the OSHA rules, "Occupational Exposure to Bloodborne Pathogens" (OAR 437-002 - 1910.1030). This includes the proper use of hand washing, protective barriers, and care in the use and sterilization or disposal of needles and other sharp instruments as described in the U.S. Public Health Service's Centers for Disease Control and Prevention recommendations found in "Recommendations for Prevention of HIV Transmission in Health Care Settings", Morbidity and Mortality Weekly Report 1987; 36 (supplement number 2S); 1-18S and "Update: Universal Precautions for Prevention of Transmission of Human Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne Pathogens in Health Care Settings", Morbidity and Mortality Weekly Report 1988; 37:377-82, 387-88.

(2) Any health care provider who observes that another health care provider or health care facility is not practicing current infection control standards shall seek correction of that problem through procedures appropriate to the setting. Such procedures may include, for example, discussing the needed corrective actions directly with the health care provider, reporting the breaches of infection control practice to the health care facility's infection control committee, or other actions/reporting as recommended by the infection control committee or required by other regulations.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0310

Infection Control Training

(1) All health care providers and health care facilities shall adhere to the infection control training requirements of the OSHA rules, "Occupational Exposure to Bloodborne Pathogens" (OAR 437-002 – 1910.1030). These include employers ensuring that all employees with potential occupational exposures to bloodborne pathogens participate in a training program at the time of initial assignment to the tasks where occupational exposure may take place and at least annually thereafter.

(2) Any institution in Oregon providing professional training leading to a degree or certificate as a health care provider shall provide formal training in infection control procedures as a prerequisite for graduation.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0320

HIV and Hepatitis B Testing of Health Care Providers

(1) HIV testing and hepatitis B testing of health care providers is not required by the Division.

(2) All reviewable health care providers are encouraged to voluntarily undergo testing for HIV infection. Any reviewable health care provider is encouraged to either:

(a) Demonstrate serologic evidence of immunity to the hepatitis B virus from vaccination; or

(b) To know his or her HBsAg status and, if that status is positive, is encouraged to know his or her HBeAg status.

(3) The provisions of section (2) of this rule shall not be deemed to authorize any health care provider, health care facility, clinical laboratory, blood or sperm bank, insurer, insurance agent, insurance-support organization as defined in ORS 746.600, government agency, employer, research organization or agent of any of them to require HIV testing of any health care provider as a condition of practice. Nor shall such provisions be deemed to create a legal standard of care for reviewable health care providers.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0330

Hepatitis B Immunization

Every reviewable health care provider, whether or not directly subject to regulation by OR-OSHA, is encouraged to determine whether he or she has serologic evidence of immunity to hepatitis B or to obtain complete hepatitis B immunization.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0340

Process for Initiating Review of the Professional Practice of a Reviewable Health Care Provider with a HIV-Positive Test or a Positive Test for HBsAg and HBeAg

(1) Any reviewable health care provider who learns that he or she has a HIV-positive test or a positive test for both HBsAg and HBeAg is encouraged to refrain from participating in the performance of procedures outlined in OAR 333-012-0280(2) until he or she ensures that his or her HIV and/or HBsAg/HBeAg infection status is reported to either:

(a) The Division for the purpose of undergoing a review of his or her professional practice as described in OAR 333-012-0350; or

(b) His or her own institution of employment for the purpose of undergoing a review of his or her professional practice, if such a process exists.

(2) Reports to the Division should be made directly to the State Epidemiologist, the Deputy State Epidemiologist, or the State Health Officer.

(3) Health care providers who are uncertain as to whether or not they are reviewable may seek anonymous guidance from the Division.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93; HD 29-1994, f. & cert. 12-2-94

333-012-0350

Division Response to the Report of a Reviewable Health Care Provider with a HIV-Positive Test or Positive Tests for HBsAg and HBeAg

The following procedures shall be undertaken by the Division at the request of a reviewable health care provider with a positive test for HIV or positive tests for HBsAg and HBeAg:

(1) The Division shall interview the reviewable health care provider and his or her personal licensed physician or primary health care provider within two weeks of receipt of the report to determine:

(a) The date of the initial positive test result;

(b) An estimated date of initial infection, if available from clinical and exposure history information;

(c) The reviewable health care provider's current medical status with special emphasis on presence or absence of exudative lesions or weeping dermatitis, pulmonary tuberculosis, and cognitive, emotional, behavioral or neurologic impairment; and

(d) Whether the reviewable health care provider complies with standard infection control procedures and whether he or she has a history of incidents in which there was a substantial likelihood that a patient received a substantial exposure to the reviewable health care provider's blood;

(e) Pursuant to ORS 433.008 and 433.045, confidentiality of the reviewable health care provider's HIV or HBsAg/HBeAg status shall be maintained during this investigation.

(2) The Division shall convene an expert panel within two weeks of completion of the investigation to make recommendations regarding the reviewable health care provider's continued practice.

(3) The identity of the reviewable health care provider will not be revealed to the expert panel, unless the reviewable health care provider consents to this disclosure.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93; HD 29-1994, f. & cert. ef. 12-2-94

333-012-0360

Composition of the Expert Panel and Its Responsibilities

(1) The expert panel shall include: An infectious disease specialist, with expertise in the epidemiology of HIV and hepatitis B infections, who is not involved in the care of the reviewable health care provider; a health professional with expertise in the procedures performed by the reviewable health care provider; a representative of the Division; and others at the discretion of the Division. With the consent of the reviewable health care provider, the reviewable health care provider's personal licensed physician or primary health care provider shall also be offered a position on the panel. The reviewable health care provider shall have the right to review the composition of the panel.

(2) The expert panel shall consider all information obtained by the Division's investigation and may request further information of the Division or the reviewable health care provider as needed.

(3) The expert panel shall make recommendations to the Division regarding the reviewable health care provider's further practice. The panel will focus on the reviewable health care provider's ability to comply with infection control procedures and his or her ability to provide competent care. Restrictions in future practice will be recommended only if there are medical impairments, infection control breaches, or scientific evidence to indicate that, in the Division's judgment, the reviewable health care provider's current practice activities pose a significant risk of transmission to the patient. Job modifications, limitations, or other restrictions are warranted only if there is clear evidence that the reviewable health care provider's current practice activities pose a significant risk of transmitting infection to patients. If restrictions are recommended, the panel will recommend the least restrictive alternative. If warranted, the panel may recommend one or more of the following:

(a) Additional infection control procedures;

(b) Restrictions on specific procedures;

(c) Monitoring of the reviewable health care provider's practice for compliance with the recommendations of the expert panel;

(d) Medical monitoring (both content and frequency) of the reviewable health care provider; and

(e) Frequency with which the panel should reconvene to reconsider its recommendations in light of the changing medical condition of the reviewable health care provider.

(4) The expert panel shall furnish the reviewable health care provider with a draft of its recommendations and an opportunity for comment. Before finalizing its recommendations to the Division, the expert panel shall take into account any comments received from the reviewable health care provider or the provider's representative.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93; HD 29-1994, f. & cert. ef. 12-2-94

333-012-0370

Division Recommendations to Reviewable Health Care Provider

The Division shall consider the specific recommendations of the expert panel and comments, if any, of the reviewable health care provider or the provider's representative, and shall prepare written recommendations to the reviewable health care provider. These written recommendations shall be presented to the reviewable health care provider within one week after completion of the panel's recommendations.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0380

Notification of the Appropriate Licensing Board

If the Division has reason to believe that the reviewable health care provider poses a significant risk of transmission of HIV or hepatitis B virus to the patient, whether or not an HIV-infected or HBsAg/HBeAg-positive reviewable health care provider has been reported to the Division and has consented to voluntary review as outlined above, the Division may notify the appropriate licensing board, and shall inform the reviewable health care provider, in writing, of this notification.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0390

Notification and Counseling of Some or All Past or Present Patients of the Reviewable Health Care Provider

Notification of patients as to their possible exposure to HIV or hepatitis B shall not occur except in any of the following circumstances:

(1) HIV or hepatitis B transmission from reviewable health care provider to at least one of his or her patients has occurred;

(2) The patient to be notified has had a substantial exposure to the reviewable health care provider's blood or body fluids; or

(3) The reviewable health care provider has had significant violations of infection control practices that were standard at the time of the patient contact and which resulted in a significant risk of a substantial exposure to the patient being notified;

(4) The identity of the HIV-infected health care provider shall not be explicitly disclosed during the notification process.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

333-012-0400

Confidentiality

The report of a reviewable health care provider, the Division's investigation, the deliberations and recommendations of the expert panel, and the Division's recommendations pursuant to these rules shall be held in the strictest confidence under ORS 433.008 and 433.045, except as outlined in OAR 333-012-0380 and 333-012-0390.

Stat. Auth.: ORS 431.110(1)(e) & 433.004(1)(d)
Stats. Implemented:
Hist.: HD 18-1993, f. 10-26-93, cert. ef. 10-28-93

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://www.oregon.gov/DHS/ph/docs/indigent costrefund.pdf”or contact 971-673-0572) 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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