333-019-0000
Responsibility of Public Health Authorities to Investigate Reportable Diseases

(1) The local public health administrator shall use all reasonable means to investigate in a timely manner all reports of reportable diseases, infections, or conditions. To identify possible sources of infection and to carry out appropriate control measures, the local public health administrator shall investigate each report following procedures outlined in the Authority's Investigative Guidelines or other procedures approved by the Authority. The Authority may provide assistance in these investigations.

(2) Investigations of outbreaks involving residents of multiple states or counties or exposures in multiple states of counties may be supervised by the Authority.

(3) Investigations by the Authority or local public health administrator shall be conducted in accordance with ORS 433.004 and these rules.

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

Statutory/Other Authority: ORS 413.042, 431.110, 433.004, 433.329, 616.010 & 624.005
Statutes/Other Implemented: ORS 433.004 & 433.332
History:
PH 180-2022, minor correction filed 08/11/2022, effective 08/11/2022
PH 10-2015, f. 7-2-15, cert. ef. 7-3-15
PH 7-2011, f. & cert. ef. 8-19-11
OHD 4-2002, f. & cert. ef. 3-4-02
HD 29-1994, f. & cert. ef. 12-2-94
HD 4-1987, f. 6-12-87, ef. 6-19-87
HD 15-1981, f. 8-13-81, ef. 8-15-81

333-019-0002
Cooperation with Public Health Authorities

(1) Health care providers, health care facilities, and licensed laboratories shall cooperate with local public health administrators and the Authority in the investigation and control of reportable diseases and conditions.

(2) Every health care provider attending a person with a reportable disease, infection, or condition shall instruct the person in measures appropriate to controlling the spread of the disease.

Statutory/Other Authority: ORS 413.042, 431.110, 433.004, 433.329, 616.010 & 624.005
Statutes/Other Implemented: ORS 433.004, 433.106 & 433.130
History:
PH 179-2022, minor correction filed 08/11/2022, effective 08/11/2022
PH 7-2011, f. & cert. ef. 8-19-11
PH 11-2005, f. 6-30-05, cert. ef. 7-5-05
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0003
Providing Information to the Oregon Health Authority or Local Public Health Administrator

(1) The Authority or local public health administrator (LPHA) may, as necessary to investigate a case of a reportable disease, disease outbreak or epidemic, require a health care provider, public or private entity, or an individual to permit the inspection or provide copies of information necessary to the investigation.

(2) Information that may be inspected or provided to the Authority or LPHA includes but is not limited to:

(a) Individually identifiable health information and contact information related to:

(A) The case;

(B) An individual who may be the potential source of exposure or infection;

(C) An individual who has been or may have been exposed to or affected by the disease; or

(D) A control.

(b) Policies, practices, systems or structures that may have affected the likelihood of disease transmission.

(c) Factors that may influence an individual's susceptibility to the disease or likelihood of being diagnosed with the disease.

(3) In addition to requesting information the Authority or LPHA may inspect, sample or test real or personal property. The Authority or LPHA will request permission to inspect, sample or test real or personal property prior to taking any action. If an individual or entity refuses to allow access to real or personal property for this purpose, the Authority or LPHA may seek an administrative warrant in order to obtain access.

(4) The Authority or LPHA shall request the information required to be submitted orally or in writing and shall inform the individual or entity from whom the information is sought when the information is required to be submitted. In lieu of requesting that information be provided to the Authority or LPHA, the Authority or LPHA may request access to the information at the location where the information is located.

(5) A person who provides information in accordance with these rules is immune from civil or criminal liability that might otherwise be incurred or imposed with respect to providing information under this section.

(6) Pursuant to ORS 433.008, all information obtained by the Authority or LPHA in the course of an investigation is confidential, may only be released in accordance with ORS 433.008(2) through (6), and except as required for the administration of public health laws or rules, a state or local public health official or employee may not be examined in any administrative or judicial proceeding about the existence or contents of a reportable disease report or other information received by the Authority or LPHA in the course of an investigation of a reportable disease or disease outbreak.

Statutory/Other Authority: ORS 433.004
Statutes/Other Implemented: ORS 433.004
History:
PH 7-2011, f. & cert. ef. 8-19-11

333-019-0005
Conduct of Special Studies by Oregon Health Authority

The Authority may conduct special studies concerning the causes and prevention of diseases and other significant health conditions. Special studies include any collection of information about the health status or potential health risk factors of individuals or groups of individuals, other than the routine collection of birth, death, and marriage information, and are not restricted to reportable diseases, infections, or conditions. The Authority may collaborate with local public health authorities, other institutions, or other individuals in the conduct of these studies.

Statutory/Other Authority: ORS 413.042, 431.110, 433.004, 433.329, 616.010, 624.005 & 413.196
Statutes/Other Implemented: ORS 433.006 & 433.065
History:
PH 53-2022, minor correction filed 05/06/2022, effective 05/06/2022
PH 7-2011, f. & cert. ef. 8-19-11
PH 11-2005, f. 6-30-05, cert. ef. 7-5-05
OHD 4-2002, f. & cert. ef. 3-4-02
HD 9-1997, f. & cert. ef. 6-26-97
HD 4-1987, f. 6-12-87, ef. 6-19-87
HD 15-1981, f. 8-13-81, ef. 8-15-81

333-019-0010
Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions

(1) For purposes of this rule:

(a) "Evidence of immunity":

(A) To measles, mumps or rubella means meeting the criteria for presumptive evidence of immunity specified in the Morbidity and Mortality Weekly Report (MMWR) volume 64, issue RR04, issued June 14, 2013, available at www.cdc.gov/mmwr/preview/mmwrhtml/rr6204a1.htm;

(B) To diphtheria or pertussis means having documentation of having been immunized as recommended in the Morbidity and Mortality Weekly Report (MMWR) volume 67, issue 2, dated April 27, 2018, available at www.cdc.gov/mmwr/volumes/67/rr/rr6702a1.htm;

(C) To hepatitis A means having documentation of detectable serum antibodies directed against this virus; having laboratory documentation of having had the disease; or having documentation of having been immunized as recommended in the Morbidity and Mortality Weekly Report (MMWR) volume 55, issue RR07, issued May 19, 2006, available at www.cdc.gov/mmwr/preview/mmwrhtml/rr5507a1.htm;

(D) To hepatitis B means having documentation of having been immunized as recommended in the Morbidity and Mortality Weekly Report (MMWR) volume 67, issue 1, issued January 12, 2018, available at www.cdc.gov/mmwr/volumes/67/rr/rr6701a1.htm; or having documentation of ever having at least 10 milli-international units per milliliter of serum of antibodies to hepatitis B surface antigen.

(b) "Restrictable disease":

(A) As applied to food service facilities includes but is not limited to COVID-19, diphtheria, hepatitis A, hepatitis E, measles, Salmonella enterica serotype Typhi infection, Shiga-toxigenic Escherichia coli (STEC) infection, shigellosis, infectious tuberculosis, open or draining skin lesions infected with Staphylococcus aureus or Streptococcus pyogenes, any illness accompanied by diarrhea or vomiting.

(B) As applied to schools, children's facilities, and health care facilities, includes but is not limited to chickenpox, COVID-19, diphtheria, hepatitis A, hepatitis E, measles, mumps, pertussis, rubella, Salmonella enterica serotype Typhi infection, scabies, Shiga-toxigenic Escherichia coli (STEC) infection, shigellosis, and infectious tuberculosis and may include a communicable stage of hepatitis B infection in a child, who, in the opinion of the local health officer, poses an unusually high risk to other children (for example, exhibits uncontrollable biting or spitting).

(C) Includes any other communicable disease identified in an order issued by the Oregon Health Authority (Authority) or a local public health administrator as posing a danger to the public's health.

(c) "Susceptible":

(A) For a child, means lacking documentation of immunization required under OAR 333-050-0050, or if immunization is not required, lacking evidence of immunity to the disease.

(B) For an employee of a school or child care facility, means lacking evidence of immunity to the disease.

(2) To protect the public health, an individual who attends or works at a school or child care facility, or who works at a health care facility or food service facility may not attend or work at a school or facility while in a communicable stage of a restrictable disease, unless otherwise authorized to do so under these rules.

(3) A school administrator shall exclude a susceptible child who attends a school or children's facility or a susceptible employee of a school or children’s facility if the administrator has reason to suspect that the child or employee has been exposed to measles, mumps, rubella, diphtheria, pertussis, hepatitis A, or hepatitis B, unless the local health officer determines, in accordance with section (5) of this rule, that exclusion is not necessary to protect the public's health.

(4) A school administrator may request that the local health officer determine whether an exclusion under section (3) of this rule is necessary.

(5) If a local health officer receives a request from a school administrator to determine whether an exclusion is appropriate under this rule, the local health officer, in consultation as needed with the Authority, may consider the following non-exclusive factors in making the determination:

(a) The severity of the disease;

(b) The means of transmission of the disease;

(c) The intensity of the child's or employee's exposure; and

(d) The exposed child's or employee's susceptibility to the disease, including having initiated a vaccination series for the disease.

(6) The length of exclusion under this rule for illness or exposure must be consistent with current Oregon Health Authority guidance related to isolation or quarantine, as applicable. Guidance may be found at www.healthoregon.org/iguides.

(7) A susceptible child may be excluded under this rule notwithstanding any claim of exemption under ORS 433.267.

(8) The infection control committee at each health care facility shall adopt policies to restrict employees with restrictable diseases from work in accordance with recognized principles of infection control.

(9) Nothing in these rules prohibits:

(a) A school or children's facility from adopting more stringent exclusion standards under ORS 433.284.

(b) A health care facility or food service facility from adopting additional or more stringent rules for exclusion of employees.

Statutory/Other Authority: ORS 624.005, ORS 413.042, 431.110, 433.004, 433.255, 433.260, 433.284, 433.329, 433.332, 616.750 & 624.495
Statutes/Other Implemented: ORS 433.255, 433.260, 433.407, 433.411 & 433.419
History:
PH 51-2023, amend filed 10/26/2023, effective 10/26/2023
PH 171-2022, amend filed 08/09/2022, effective 08/20/2022
PH 22-2022, temporary amend filed 03/03/2022, effective 03/03/2022 through 08/29/2022
PH 90-2021, amend filed 12/23/2021, effective 12/23/2021
PH 27-2021, temporary amend filed 06/29/2021, effective 06/29/2021 through 12/25/2021
PH 60-2020, amend filed 09/04/2020, effective 09/04/2020
PH 17-2020, amend filed 03/26/2020, effective 04/06/2020
PH 21-2017, amend filed 12/21/2017, effective 01/01/2018
PH 24-2016, f. 8-8-16, cert. ef. 8-16-16
PH 10-2015, f. 7-2-15, cert. ef. 7-3-15
PH 1-2015(Temp), f. & cert. ef. 1-7-15 thru 7-5-15
PH 16-2013, f. 12-26-13, cert. ef. 1-1-14
PH 7-2011, f. & cert. ef. 8-19-11
PH 11-2005, f. 6-30-05, cert. ef. 7-5-05
OHD 4-2002, f. & cert. ef. 3-4-02
HD 15-1981, f. 8-13-81, ef. 8-15-81

333-019-0014
Disease Related School, Child Care, and Worksite Restrictions: Removal of Restrictions

(1) Worksite, child care, and school restrictions can be removed by statement of the local public health administrator that the disease is no longer communicable to others or that adequate precautions have been taken to minimize the risk of transmission.

(2) School or child care restrictions for chickenpox, scabies, staphylococcal skin infections, streptococcal infections, diarrhea, or vomiting may also be removed by a school nurse or health care provider.

(3) Restrictions at health care facilities for chickenpox, scabies, staphylococcal skin infections, streptococcal infections, diarrhea, or vomiting may also be removed by the facility's infection control committee when sufficient measures have been taken to prevent or minimize the transmission of disease, in accordance with written procedures approved by the committee.

(4) In general, restrictions on persons diagnosed with shigellosis or Shiga-toxigenic Escherichia coli (STEC) infection, including E. coli O157 infection, shall not be lifted until no pathogens are identified by a licensed laboratory in two consecutive approved fecal specimens collected not less than 24 hours apart. Such restrictions may be waived or modified at the discretion of the local public health administrator.

(5) Individuals infected with Salmonella enterica serotype Typhi (with or without symptoms), hereinafter referred to as "typhoid cases," must, before having a restriction removed, submit fecal specimens and one urine specimen to a licensed laboratory for testing on a schedule specified by the local public health administrator.

(6) A restriction on a typhoid case who is not a chronic carrier must be lifted by the local public health administrator when Salmonella enterica serotype Typhi is not identified by a licensed laboratory in any of four successive approved fecal specimens, collected at least 24 hours apart and not earlier than one month after illness onset, and one urine specimen.

(7) A “chronic carrier” is an individual who has fecal specimens test positive for Salmonella enterica serotype Typhi more than one year after onset or first diagnosis or on two occasions at least one year apart. A restriction on a chronic carrier may only be removed when Salmonella enterica serotype Typhi is not identified by a licensed laboratory in any of six successive approved fecal specimens, collected at least 72 hours apart, and one urine specimen.

Statutory/Other Authority: ORS 413.042, 431.110, 433.004, 616.010 & 624.005
Statutes/Other Implemented: ORS 433.004, 433.260 & 433.273
History:
PH 10-2015, f. 7-2-15, cert. ef. 7-3-15
PH 16-2013, f. 12-26-13, cert. ef. 1-1-14
PH 7-2011, f. & cert. ef. 8-19-11
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0017
Pet Licensing, Animal Bites, and Rabies: Rabies Vaccination for Animals

(1) Except where specifically exempt, all dogs at least three months old shall be immunized against rabies by the age of six months. The following are exempt:

(a) Dogs brought temporarily into the state for periods of less than 30 days and kept under strict supervision by their owners;

(b) Dogs for which rabies immunization is contraindicated for health reasons, as determined by a licensed veterinarian subsequent to an examination. The reasons for the exemption and a specific description of the dog, including name, age, sex, breed, and color, shall be recorded by the examining veterinarian on a Rabies Vaccination Certificate, which shall bear the owner's name and address. The veterinarian shall also record whether the exemption is permanent, and if it is not, the date the exemption ends;

(c) Dogs that are owned by dealers, breeders, or exhibitors exclusively for sale or exhibition purposes and that are confined to kennels except for transportation under strict supervision to and from dog shows or fairs.

(2) Vaccination of an animal against rabies is valid only when performed:

(a) By a licensed veterinarian as specified by ORS 686.350 through 686.370 and OAR 875-010-0006;

(b) By a veterinary technician (certified according to OAR 875-030-0010) under the direct supervision of a licensed veterinarian; or

(c) In the case of a need to vaccinate and the lack of an available veterinarian, by another person approved for this purpose by the State Public Health Veterinarian.

(3) To be considered immunized against rabies, dogs and cats must be vaccinated according to guidelines published by the U.S. Centers for Disease Control and Prevention in the Compendium of animal rabies prevention and control, 2016 from the National Association of State Public Health Veterinarians.

(4) A Rabies Vaccination Certificate shall be completed and signed by a licensed veterinarian; electronic signatures are acceptable. That individual shall give the original and one copy to the dog's owner and retain one copy for the period for which the vaccination is in force. The Certificate must include at least the following information: owner's name and address; dog description by age, sex, color, breed; date of vaccination; due date for revaccination; type and lot number of vaccine used; and name and address of vaccinator.

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

Statutory/Other Authority: ORS 413.042 & 433.365
Statutes/Other Implemented: ORS 433.365
History:
PH 24-2016, f. 8-8-16, cert. ef. 8-16-16
PH 5-2010, f. & cert. ef. 3-11-10
PH 11-2005, f. 6-30-05, cert. ef. 7-5-05
PH 6-2003, f. & cert. ef. 5-22-03
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0019
Pet Licensing, Animal Bites, and Rabies: Dog Licensing

(1) Each dog shall be licensed by the local animal control agency in whose jurisdiction its owner resides.

(2) No dog shall be licensed until the owner of a vaccinated dog presents, in person or by mail, the original Rabies Vaccination Certificate to the County Clerk or designated animal control officer serving that jurisdiction.

(3) Upon receipt of applicable fees (if any, pursuant to ORS 433.380), the local animal control agency shall issue a serially numbered tag legibly identifying an expiration date that may not exceed the vaccine coverage expiration date by more than two months. The tag shall be attached to a collar or harness that shall be worn by the dog at all times when off the premises of the owner.

(4) The local animal control agency may request and file the Rabies Vaccination Certificate, cross-referenced to the tag number.

(5) An unexpired tag shall be honored throughout Oregon.

(6) A dog’s rabies vaccination tag may, at the discretion of the local animal control agency, serve as the dog license, but not for more than two months beyond the immunity expiration date.

(7) Nothing in these rules shall be construed to limit the power of any jurisdiction to enact more stringent requirements to regulate and control dogs.

Statutory/Other Authority: ORS 413.042, 431.110, 433.004 & 433.340
Statutes/Other Implemented: ORS 433.380
History:
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0022
Pet Licensing, Animal Bites, and Rabies: Wolf-Dog Hybrids

For the purposes of dog licensing, immunization, and response to bites, wolf-dog hybrids shall be considered wild animals and not dogs. The status of an animal as a dog or as a wolf-dog hybrid shall be determined by a Licensed Veterinarian. Such determinations may consider descriptions of the animal in medical records and prior claims made by the owner, and shall be subject to review by the State Public Health Veterinarian or designee.

Statutory/Other Authority: ORS 413.042, 431.001, 433.004, 433.340, 686.010 & 686.020
Statutes/Other Implemented: ORS 433.004 & 433.380
History:
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0024
Pet Licensing, Animal Bites, and Rabies: Management of Animal Bites

(1) The circumstances surrounding bites of humans by mammals shall be investigated by the local public health administrator in accordance with the Investigative Guidelines published by the Authority.

(2) Except as provided in section (3) of this rule, any dog, cat, or ferret that has bitten a person shall be held for observation until the 10th day following the bite. This observation shall be under the supervision of a licensed veterinarian or other person designated by the local public health administrator. Animals shall be held within an enclosure or with restraints deemed adequate by the local public health administrator to prevent contact with any person or other animals. At the discretion of the local public health administrator, properly vaccinated dogs used by public law enforcement agencies may be exempted from the observation period requirement; however, any law enforcement agency shall notify the local public health administrator immediately should any exempted dog develop abnormal behavior within 10 days of biting a person.

(3) The local public health administrator may order the euthanasia and rabies testing of animals that have bitten humans when these animals are:

(a) Inadequately vaccinated dogs, cats, or ferrets that have inflicted an unprovoked bite to the face, head, or neck of a person; or

(b) Any other mammal suspected of having rabies or that has been in contact with an animal suspected of having rabies.

(4) Because it is preferable to hold such animals for observation, no person shall either euthanize any dog, cat, or ferret that has bitten a human or destroy the head of any mammal that has bitten a person without authorization by the local public health administrator.

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

Statutory/Other Authority: ORS 413.042, 431.110, 433.004, 433.340 & 433.350
Statutes/Other Implemented: ORS 433.345 & 433.350
History:
PH 7-2011, f. & cert. ef. 8-19-11
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0027
Pet Licensing, Animal Bites, and Rabies: Management of Possibly Rabid Animals

(1) An animal is considered to have been in close contact with an animal suspected of having rabies when, within the past 180 days, it has been bitten, mouthed, mauled by, or closely confined with a rabid animal or any mammal suspected of having rabies.

(2) The disposition of such animals and of animals suspected of having rabies that have not bitten humans shall be determined by the local public health authority as follows:

(a) Inadequately vaccinated dogs, cats, and ferrets shall be destroyed immediately, if the owner permits. If the owner does not agree to this, the animal shall be confined as prescribed by the local public health authority for a period of four months for dogs and cats and six months for ferrets under the observation of a licensed veterinarian or a person designated by the local public health authority. A rabies vaccine must be administered at the time of entry into quarantine to bring the animal up to current rabies vaccination status.

(b) Dogs, cats, and ferrets that are adequately vaccinated shall be revaccinated immediately and observed in confinement for 45 days by a person designated by the local public health authority. If the owner prefers, such animals can be destroyed (in lieu of confinement) with the concurrence of the local public health authority.

(c) Unless the owner prefers to hold any unvaccinated livestock or wild animals born and raised in captivity in confinement for six months, such animals shall be destroyed. Livestock that are current on rabies vaccination with a USDA-licensed vaccine approved for that species should be given a booster vaccination immediately and observed for 45 days.

(d) Unless otherwise specified, all other mammals shall be destroyed.

(e) For the purposes of this rule, confinement shall be within an enclosure or with restraints deemed adequate by the local public health authority to prevent contact with any member of the public or any other animal. Nothing in these rules or in OAR 333-019-0024 shall be interpreted to require any public authority to bear the costs of such confinement.

(3) Nothing in these rules is intended or shall be construed to limit the power of any city, city and county, county or district in its authority to enact more stringent requirements to regulate and control animals within its jurisdiction.

Statutory/Other Authority: ORS 413.042 & 433.360
Statutes/Other Implemented: ORS 433.360
History:
PH 24-2016, f. 8-8-16, cert. ef. 8-16-16
PH 5-2010, f. & cert. ef. 3-11-10
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0031
Other Disease Specific Provisions: Acquired Immunodeficiency Syndrome/Human Immunodeficiency Virus

Investigation of cases of HIV infection or AIDS. Investigations of HIV infection or AIDS shall be conducted to the extent that resources permit. The Authority, or the local public health administrator, will ensure that each identified case is offered prevention, care, and partner counseling and referral services.

NOTE: Specific rules regarding reporting requirements for HIV and AIDS may be found in OAR 333-018-0015. Rules regarding informed consent for HIV testing and confidentiality of HIV test results may be found in OAR 333-022-0200 through 333-022-0315.

Statutory/Other Authority: ORS 431.110 & 433.004
Statutes/Other Implemented: ORS 431.110 & 433.004
History:
PH 16-2013, f. 12-26-13, cert. ef. 1-1-14
PH 7-2011, f. & cert. ef. 8-19-11
PH 7-2006, f. & cert. ef. 4-17-06
OHD 4-2002, f. & cert. ef. 3-4-02
OHD 22-2001, f. & cert. ef. 10-19-01
OHD 13-2001, f. & cert. ef. 7-12-01, Renumbered from 333-019-0223
HD 29-1994, f. & cert. ef. 12-2-94
HD 15-1988, f. 7-11-88, cert. ef. 9-1-88
HD 4-1987, f. 6-12-87, ef. 6-19-87

333-019-0036
Other Disease Specific Provisions: Special Precautions Relating to Pregnancy and Childbirth

(1)(a) Blood samples drawn from women during pregnancy or at delivery pursuant to ORS 433.017 shall be submitted for standard tests for reportable infectious diseases or conditions which may affect a pregnant woman or fetus. Routine tests submitted shall include syphilis, hepatitis B, and HIV. Tests using bodily fluids other than blood that have equal or better sensitivity and specificity may be substituted for the blood test.

(b) "Consent of the patient to take a sample of blood" (as stated in ORS 433.017, section 3) or other bodily fluid, is defined as notifying the patient or her authorized representative of the tests which will be conducted on that specimen. The patient or her authorized representative shall be informed that she may decline any or all of the tests.

(c) If a patient declines any of the offered tests, documentation shall be included in the medical record.

(2) Any health care provider attending the birth of an infant shall evaluate whether the newborn is at risk for gonococcal ophthalmia neonatorum. The primary means of assessing risk shall be review of results of prenatal testing and maternal history of risk factors for gonococcal. If the infant is determined to be at risk, or risk cannot be adequately assessed, the person attending the birth shall ensure that the newborn receives erythromycin or tetracycline ophthalmic ointment or silver nitrate 1 percent aqueous solution into each eye within two hours after delivery.

Statutory/Other Authority: ORS 413.042 & 433.017
Statutes/Other Implemented: ORS 433.017, 433.006 & 433.110
History:
PH 5-2010, f. & cert. ef. 3-11-10
PH 20-2005, f. 12-30-05, cert. ef. 1-1-06
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0039
Other Disease Specific Provisions: Sudden Infant Death Syndrome

(1) In compliance with ORS 431.120(4), the Authority will conduct an epidemiologic investigation of each instance of sudden infant death syndrome.

(2) In order to promote support of this effort, the Authority will reimburse any county health department (or other agency providing public health services in lieu of a county health department for this purpose) to the extent of $25 to help defray the cost of one home visit by a public health nurse to any family who has lost a member of the family to SIDS.

(3) In order for the home visit to be reimbursed the following procedure will be required:

(a) On receiving the death investigation report in which the cause of death is SIDS, the administrator of the local public health authority receiving the report will, if possible, assure the arrangement of a home visit to the affected family by a public health nurse at an appropriate time;

(b) The home visit will include:

(A) A nursing assessment of family needs related to the SIDS event;

(B) Grief counseling;

(C) Education regarding the state of knowledge regarding the cause of SIDS;

(D) Discussion of other support resources available to help meet family needs;

(E) Information alerting the family to expect to receive in the mail an epidemiologic investigation questionnaire, including an explanation of its purpose, of its confidentiality, and assurance of assistance in completing the form if necessary.

(4) After the home visit has been completed, the local agency will notify the Authority in writing, including the name and birth date of the deceased infant, and the family name and address, and the date of the visit. This notice should be addressed to the Public Health Division, Center for Public Health Practice, 800 NE Oregon Street, Portland, OR 97232.

(5) On receipt of this written notice, the Authority will reimburse the agency in the amount of $25. Reimbursement for repeat visits to the same family will not be available.

(6) An epidemiologic questionnaire will be mailed by the Authority to the parent(s) (guardian) of the deceased infant, with instructions as to its purpose and means of completing and a request that it be completed and returned.

(7) In the event that the completed questionnaire has not been returned in a reasonable length of time, the Authority will notify the county health department (or agency acting in lieu of the county health department) with a request for a follow-up contact with the family to ensure the highest possible rate of return and of accuracy.

(8) Completed questionnaires will be collected and tabulated and the information analyzed by the Authority. A report of the findings will be published biennially beginning in 1985.

Statutory/Other Authority: ORS 431.001 & 433.004
Statutes/Other Implemented: ORS 431.001 & 433.004
History:
PH 7-2011, f. & cert. ef. 8-19-11
OHD 4-2002, f. & cert. ef. 3-4-02
OHD 15-2001, f. & cert. ef. 7-12-01, Renumbered from 333-018-0025
HD 29-1994, f. & cert. ef. 12-2-94
HD 16-1991, f. & cert. ef. 10-10-91
HD 3-1983, f. & ef. 3-3-83

333-019-0041
Other Disease Specific Provisions: Tuberculosis

(1) As used in this rule:

(a) "Health care facility" has the meaning given that term in ORS 442.015;

(b) "Health care setting" includes the facility types described in "Guidelines for preventing the transmission of Mycobacterium tuberculosis in Health-Care Settings," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, Vol. 54, Number RR-17: 1-141; December 30, 2005) APPENDIX A, available at: https://www.cdc.gov/mmwr/pdf/rr/rr5417.pdf.

(2) Each health care facility or health care setting shall formally assess the risk of tuberculosis transmission among staff (professional and volunteer) and patients at least annually and shall follow tuberculosis screening recommendations outlined in "Guidelines for preventing the transmission of Mycobacterium tuberculosis in Health-Care Settings," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, Vol. 54, Number RR-17: 1-141; December 30, 2005), incorporated by reference and available at: https://www.cdc.gov/mmwr/pdf/rr/rr5417.pdf and "Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendations from the National Tuberculosis Controllers Association and CDC, 2019," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, 68(19);439–443; May 17, 2019), incorporated by reference and available at: https://www.cdc.gov/mmwr/volumes/68/wr/mm6819a3.htm; or other guidelines or recommendations approved by the Authority.

(3) Notwithstanding section (2) of this rule, health care workers and volunteers providing services at COVID-19 testing and COVID-19 vaccination sites that are at locations other than a health care facility, pharmacy or medical office are not required to be screened for tuberculosis.

Statutory/Other Authority: ORS 431.110, 433.001–433.035 & 433.110–433.220
Statutes/Other Implemented: ORS 431.150, 431.155, 431.170, 433.001–433.035 & 433.110–433.220
History:
PH 88-2021, amend filed 12/09/2021, effective 12/21/2021
PH 23-2021, temporary amend filed 06/24/2021, effective 06/24/2021 through 12/20/2021
PH 66-2020, amend filed 09/25/2020, effective 09/25/2020
PH 12-2011, f. & cert. ef. 12-14-11
PH 7-2011, f. & cert. ef. 8-19-11
PH 9-2009, f. & cert. ef. 9-22-09
PH 10-2005, f. 6-15-05, cert. ef. 6-21-05
OHD 4-2002, f. & cert. ef. 3-4-02

333-019-0042
Other Disease Specific Provisions: Tuberculosis Screening in Correctional Facilities

(1) For purposes of this rule:

(a) "Correctional facility" means a facility operated by the Oregon Department of Corrections or a local correctional facility as that is defined in ORS 169.005; and

(b) “Symptoms of TB disease” means a cough longer than 3 weeks and/or coughing up blood in conjunction with fever, fatigue, night sweats or weight loss.

(2) A correctional facility shall screen all inmates upon admission for symptoms of tuberculosis (TB) disease. This screening and any follow-up shall be documented.

(3) Any inmate suspected of having TB disease or who has TB disease shall be isolated as appropriate and provided medical care and treatment that meets accepted standards of practice.

(4) Inmates detained or confined for 15 consecutive days or more in a correctional facility shall be screened for the following TB risk factors:

(a) HIV/AIDS;

(b) Immigration within the past five years from a country that has a high incidence of TB, including but not limited to immigration from Africa, Asia, Middle East, Latin America, Eastern Europe and South Pacific regions;

(c) Close contact to a person with infectious TB disease;

(d) History of injection drug use;

(e) History of homelessness; and

(f) Taking immunosuppressive medication.

(5) Inmates screened under section (4) of this rule who have TB risk factors and no documented history of prior positive screening tests for TB shall be screened with either a TB skin test or interferon gamma release assay (IGRA). Inmates with a documented previously positive TB skin test or IGRA, or a new positive result upon testing, shall receive a chest X-ray.

(6) Exceptions:

(a) A correctional facility is not required to retest an inmate at each admission under section (5) of this rule if:

(A) There is a documented record of a negative TB skin test or negative IGRA or normal chest X-ray within the past year; or

(B) There is a documented record of adequate TB treatment or compliance with a currently prescribed TB treatment.

(b) This exception does not apply if the inmate has symptoms of TB, evidence of new exposure to a person with infectious TB disease or a diagnosis of HIV/AIDS.

(7) Nothing in these rules prohibit any correctional facility from having more stringent TB screening requirements.

Statutory/Other Authority: ORS 431.110, 432.060, 433.001–433.035, 433.110–433.220 & 433.332
Statutes/Other Implemented: ORS 431.150, 431.155, 431.170, 433.001–433.035, 433.110–433.220 & 433.332
History:
PH 182-2022, minor correction filed 08/11/2022, effective 08/11/2022
PH 12-2011, f. & cert. ef. 12-14-11

333-019-0052
Other Disease Specific Provisions: Communication During Transfer of Patients with MDROs, C. difficile, or Any Organism Requiring Transmission-Based Precautions

(1) As used in this rule:

(a) “Facility” means:

(A) A healthcare facility as that term is defined in ORS 442.015;

(B) An infirmary (for example, in a jail or prison);

(C) A residential facility or assisted living facility as those terms are defined in ORS 443.400;

(D) An adult foster home as that term is defined in ORS 443.705;

(E) A hospice program as that term is defined in ORS 443.850; and

(F) Any other facility that provides 24-hour patient care.

(b) “Multidrug-resistant organism” (MDRO) means an organism causing human disease which has acquired antibiotic resistance, as listed and defined in the Centers for Disease Control and Prevention’s Antibiotic Resistance Threats in the United States, 2013 (Atlanta, GA; 2013). MDROs include but are not limited to:

(A) Methicillin-resistant Staphylococcus aureus (MRSA);

(B) Vancomycin-resistant Enterococcus (VRE);

(C) Carbapenem-resistant Enterobacteriaceae (CRE), as that term is defined in OAR 333-017-0000 sections (10) and (24);

(D) Multidrug-resistant Acinetobacter baumannii;

(E) Multidrug-resistant Pseudomonas aeruginosa;

(F) Drug-resistant Streptococcus pneumoniae;

(G) Other Gram-negative bacteria producing extended-spectrum beta-lactamases (ESBL); and

(H) Toxin-producing Clostridium difficile.

(c) “Receiving facility” means the facility receiving or admitting the case patient into their care from another facility’s care.

(d) “Referring facility” means the facility transferring or discharging the case patient out of its care and into another facility’s care.

(e) “Standard Precautions” means the minimum infection prevention measures that apply to all patient care, regardless of suspected or confirmed infection status of the patient, in any setting where healthcare is delivered. Standard Precautions include:

(A) Hand hygiene;

(B) Use of personal protective equipment (for example, gloves, gowns, facemasks), depending on the anticipated exposure;

(C) Respiratory hygiene and cough etiquette;

(D) Safe injection practices; and

(E) Safe handling of potentially contaminated equipment or surfaces in the patient environment.

(f) “Transmission Based Precautions” means infection control practices that are implemented in addition to Standard Precautions in patients with known or suspected colonization or infection of highly transmissible or epidemiologically important infectious pathogens (for example, CRE, norovirus, Neisseria meningitidis) or syndromes (for example, diarrhea) when there is strong evidence that the pathogen or syndrome may be transmitted from person to person via droplet, contact, or airborne routes in healthcare or non-healthcare settings (Siegel JD, Rhinehart E, Jackson M, Chiarello L, and the Healthcare Infection Control Practices Advisory Committee. Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings, 2007).

(2) When a referring facility transfers or discharges a patient who is infected or colonized with a multidrug-resistant organism (MDRO) or pathogen which warrants Transmission Based Precautions, it must include written notification of the infection or colonization to the receiving facility in transfer documents. The referring facility must ensure that the documentation is readily accessible to all parties involved in patient transfer (for example, referring facility, medical transport, emergency department, receiving facility).

(3) When a facility becomes aware that it received in transfer one or more patients with an MDRO or pathogen that warrants Transmission Based Precautions, and that was isolated from a patient specimen collected within 48 hours after transfer, it must notify the referring facility.

(4) When a facility becomes aware that it transferred or discharged one or more patients who have an MDRO or pathogen that warrants Transmission Based Precautions, the referring facility must notify the receiving facility.

(5) If a facility transfers or discharges a patient with laboratory-confirmed, carbapenemase-producing Enterobacteriaceae, the facility must notify the local health department communicable disease staff within one working day of the date and destination of the transfer or discharge.

Statutory/Other Authority: ORS 413.042, 431.110, 433.004 & 433.010
Statutes/Other Implemented: ORS 433.004, 433.006, 433.010, 433.110, 442.015, 443.400, 443.705 & 443.850
History:
PH 16-2013, f. 12-26-13, cert. ef. 1-1-14

333-019-0061
Infection Prevention in Health Care Settings

(1) As used in this rule:

(a) "Health care setting" means:

(A) A health care facility as that term is defined in ORS 442.015;

(B) An infirmary (for example, in a jail or prison);

(C) A residential facility or assisted living facility as those terms are defined in ORS 443.400;

(D) An adult foster home as that term is defined in ORS 443.705;

(E) A hospice program as that term is defined in ORS 443.850; or

(F) Any other inpatient or outpatient facility that provides health services as that term is defined in ORS 442.015.

(b) "Health care provider" means an individual licensed by the:

(A) Oregon State Board of Nursing;

(B) Oregon Medical Board;

(C) Oregon Board of Dentistry;

(D) Board of Direct Entry Midwifery;

(E) Respiratory Therapist and Polysomnographic Technologist Licensing Board; or

(F) The Oregon Health Authority to the extent that the authority licenses emergency medical services providers.

(2) To control the spread of communicable disease, health care providers working in a health care setting must strictly adhere to "standard precautions" described in the Centers for Disease Control and Prevention (CDC) "Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings (2007)" (https://www.cdc.gov/infectioncontrol/guidelines/isolation/).  

Statutory/Other Authority: 413.042, 431.110, 433.004, 442.015, 443.400, 443.705 & 443.850
Statutes/Other Implemented: 431.110, 433.004, 443.400, 443.705 & 443.850
History:
PH 21-2017, adopt filed 12/21/2017, effective 01/01/2018

333-019-1005
Public Health and Safety Requirements for Child Care Providers and Youth Programs

(1) The requirements in this rule remain in effect unless the State Public Health Director or State Public Health Officer issues an order stating that the requirements in this rule are no longer necessary to control COVID-19. If such an order is issued the Oregon Health Authority must provide notice to interested parties and otherwise take reasonable steps to ensure notice of the order is provided to those affected by this rule, in accordance with ORS 183.335. The State Public Health Director or State Public Health Officer may also rescind such an order, and such a rescission must also be noticed as provided in this section. In determining whether this rule should remain in effect the State Public Health Director or State Public Health Officer will take into consideration as least the following information:

(a) The degree of COVID-19 transmission, as measured by case rates, percent positivity, and any other objective metrics indicative of current or potential transmission in Oregon.

(b) COVID-19 related hospitalizations and deaths.

(c) Disparate COVID-19 related health impacts on communities of color and tribal communities.

(d) Guidance from the Centers for Disease Control and Prevention.

(2) For purposes of this rule, the following definitions apply:

(a) "Child care providers" includes but is not limited to certified child care, child care programs operated by political subdivisions or governmental agencies caring for children under 13 years of age, unlicensed temporary emergency child care, recorded programs, and registered family providers.

(b) "Certified child care" means programs with an active certification as defined in ORS 329A.250(2).

(c) "Day camp" means a defined setting or facility that youth (K–12) attend for an established period of time, leaving at the end of the program day, which may or may not be licensed under ORS chapter 446.

(d) "Enrichment programs" mean programs that provide care for school-age children (K–12), primarily for a single enrichment activity for eight hours or less a week.

(e) "Local public health authority" or "LPHA" has the meaning given that term in ORS 431.003.

(f) "Overnight camp" means a youth program with youth staying overnight at accommodations on site, which may or may not be licensed under ORS chapter 446.

(g) "Recorded programs" means programs with an active record issued pursuant to ORS 329A.255 or 329A.257.

(h) "Registered family providers" means programs with an active registration as defined in ORS 329A.250(11).

(i) "Unlicensed temporary emergency child care" means programs approved to provide emergency child care pursuant to Executive Order 20-19 and who remain in operation and unlicensed pursuant to Executive Order 21-15.

(j) "Youth programs" means:

(A) Day camps;

(B) Summer camps;

(C) Overnight camps;

(D) Enrichment programs serving children 0 to 18 years of age;

(E) Programs operated by political subdivisions or governmental entities that offer programming only for middle school-age children ages 11 years and older; and

(F) Any enrolled gathering of children from primarily ages 13 to 18 years for a defined period of daytime hours with teen or adult supervision. These gatherings can include children as young as age 11, provided they are part of a mixed-age cohort.

(3) Child care providers and youth programs must:

(a) Develop and follow a written communicable disease management plan for preventing and controlling communicable disease, including COVID-19, that includes:

(A) Policies and procedures for notifying the LPHA, families, and other relevant individuals of potential exposure to a communicable disease within the program or facility, should a need for such notification arise.

(B) A protocol for exclusion of individuals consistent with OAR 333-019-0010.

(C) A protocol to end program activities if cases warrant or if recommended by the Oregon Health Authority or LPHA.

(D) A designated COVID-19 Point of Contact to facilitate communication, maintain healthy operations, and respond to COVID-19 questions from state or local public health authorities, state or local regulatory agencies, families and staff.

(b) Provide to all staff and families the contact information for the COVID-19 Point of Contact.

(c) Exclude from the program any child or staff member who has COVID-19 consistent with the requirements in OAR 333-019-0010.

(d) Notify as soon as possible all families and other individuals if there has been a case of COVID-19 on the premises.

Statutory/Other Authority: ORS 413.042, ORS 431.110 & ORS 433.004
Statutes/Other Implemented: ORS 433.004
History:
PH 171-2022, amend filed 08/09/2022, effective 08/20/2022
PH 22-2022, temporary amend filed 03/03/2022, effective 03/03/2022 through 08/29/2022
PH 13-2022, minor correction filed 02/01/2022, effective 02/01/2022
PH 90-2021, adopt filed 12/23/2021, effective 12/23/2021
PH 27-2021, temporary adopt filed 06/29/2021, effective 06/29/2021 through 12/25/2021

333-019-1011
Masking Requirements to Control COVID-19 in Health Care Settings

(1) COVID-19 is an infection caused by a virus, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). This virus can be spread by infected persons without symptoms as well as those with symptoms. It undergoes frequent mutations as it replicates, which over time has resulted in variants that are more transmissible, cause more severe disease or have other features of public health concern such as decreased vaccine effectiveness. Consistent masking by health care providers in health care settings, as well as masking by visitors and patients provides protection to health care providers and to the people they care for. Masks act as source control if the provider has COVID-19 and provide a protective effect if a patient has COVID-19.

(2) The requirements in this rule remain in effect unless the State Public Health Director or State Public Health Officer issues an order stating that the requirements in this rule are no longer necessary to control COVID-19. If such an order is issued the Oregon Health Authority must provide notice to interested parties and otherwise take reasonable steps to ensure notice of the order is provided to those affected by this rule in accordance with ORS 183.335(1). The State Public Health Director or State Public Health Officer may also rescind such an order, and such a rescission must also be noticed as provided in this section. In determining whether this rule should remain in effect the State Public Health Director or State Public Health Officer will take into consideration as least the following information:

(a) The degree of COVID-19 transmission, as measured by case rates, percent positivity, and any other objective metrics indicative of current or potential transmission in Oregon.

(b) COVID-19 related hospitalizations and deaths.

(c) Disparate COVID-19 related health impacts on communities of color and tribal communities.

(d) Guidance from the U.S. Centers for Disease Control and Prevention.

(e) Proportion of the population partially or fully vaccinated.

(3) Except as otherwise described in section (4) of this rule, this rule applies:

(a) To any health care setting where health care personnel are providing care or services and the Oregon Occupational Health and Safety Division (Oregon OSHA) rule, OAR 437-001-0744, does not apply because the setting is not a place of employment, as that is defined in ORS 654.005, subject to Oregon OSHA’s jurisdiction.

(b) If it contains requirements that are more restrictive or are in addition to Oregon OSHA’s rule, OAR 437-001-0744.

(4) The Oregon Department of Human Services (ODHS) has established mask and face covering requirements for health care providers and visitors in settings that it licenses or certifies. Therefore, this rule does not apply to:

(a) Adult foster homes licensed by ODHS under ORS 443.705 to 443.825.

(b) Developmental disability child foster homes certified by ODHS under ORS 443.830 to 443.835.

(c) Residential training homes and residential training facilities licensed by ODHS, as defined in ORS 443.400.

(5) To the extent there is a conflict between this rule and OAR 333-019-1025, a more restrictive requirement in this rule applies.

(6) For purposes of this rule, the following definitions apply:

(a) "Face covering" means a cloth, paper or disposable face covering that covers the nose and mouth and includes a medical-grade face mask.

(b) "Face mask" means a medical-grade face mask.

(c) "Health care personnel":

(A) Means individuals, paid and unpaid working, learning, studying, assisting, observing, or volunteering in a health care setting providing direct patient or resident care or who have the potential for direct or indirect exposure to patients, residents, or infectious materials, and includes but is not limited to any individual licensed by a health regulatory board as that is defined in ORS 676.160, unlicensed caregivers, and any clerical, dietary, environmental services, laundry, security, engineering and facilities management, administrative, billing, student and volunteer personnel.

(B) Does not mean parents, guardians or foster parents providing care to their children or foster children in the home.

(d) "Health care setting" means any place where health care, including physical, dental, or behavioral health care is delivered and includes, but is not limited to any health care facility or agency licensed under ORS chapter 441 or 443, such as hospitals, ambulatory surgical centers, birthing centers, special inpatient care facilities, long-term acute care facilities, inpatient rehabilitation facilities, inpatient hospice facilities, nursing facilities, assisted living facilities, and residential facilities, behavioral health residential facilities, home health care, hospice, pharmacies, in-home care, vehicles or temporary sites where health care is delivered or is related to the provision of health care (for example, mobile clinics, ambulances, non-emergency medical transport vehicles (NEMT), secure transportation, and street based medicine),outpatient facilities, such as dialysis centers, health care provider offices, dental offices, behavioral health care offices, urgent care centers, counseling offices, school-based health centers, offices that provide complementary and alternative medicine such as acupuncture, homeopathy, naturopathy, chiropractic and osteopathic medicine, and other specialty centers.

(e) "Responsible party":

(A) Includes a person who has control or responsibility for the activities of health care personnel in a health care setting.

(B) Includes a person who has control or responsibility for the activities within a health care setting.

(C) Does not include an individual who hires, employs, or otherwise receives care from health care personnel in their own home.

(7) A responsible party must:

(a) Develop and follow a policy that requires all patients, residents, clients and visitors to wear a face covering except as provided in section (10) or other applicable provisions of this rule.

(b) Develop and follow a policy that if a patient, resident or client cannot tolerate any form of face covering due to a medical condition, strict physical distancing of at least six feet be observed from other non-health care personnel to the greatest extent possible.

(c) Require health care personnel to wear a face covering when entering, exiting and face mask while they are in the health care setting in accordance with the requirements of this rule.

(8) Health care personnel must wear a face covering when entering, exiting and face mask while they are in a health care setting except as described in section (10) of this rule.

(9) Patients, residents and clients must wear a face covering when entering, exiting, or in a health care setting except as described in section (10) of this rule.

(10) A face covering is not required when the individual:

(a) Is under five years of age.

(b) Is sleeping.

(c) Is actively eating or drinking.

(d) Is engaged in an activity or receiving health care that makes wearing a face covering not feasible, such as receiving a physical examination of the throat or having dental work.

(e) Is alone in a closed room.

(f) Is a patient or resident in their designated room with their door closed.

(11) Nothing in this rule is intended to prohibit an employer of healthcare personnel from making reasonable accommodations in order to comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, ORS 659.850 or applicable provisions of ORS chapter 659A.

(12) Responsible parties and health care personnel who violate any provision of this rule may be subject to a civil penalty of $500 per day per violation.

(13) In addition to the imposition of civil penalties under section (12) of this rule, a violation of this rule may also be grounds for a licensing action authorized under the following statutes or rules:

(a) ORS 443.045; OAR chapter 333, division 27 (home health agencies).

(b) ORS 443.864, 443.869; OAR chapter 333, division 35 (hospice programs).

(c) ORS 441.030; OAR chapter 333, division 71 (special inpatient care facilities).

(d) ORS 441.030; OAR chapter 333, division 76 (ambulatory surgical centers, extended stay centers and birthing centers).

(e) ORS 441.030; OAR chapter 333, division 501 (hospitals).

(f) ORS 443.325; OAR chapter 333, division 536 (in-home care agencies).

(g) ORS 441.030; OAR chapter 333, division 700 (outpatient renal dialysis facilities).

(h) ORS 426.415; OAR chapter 309, division 22 (psychiatric residential treatment facilities).

(i) ORS 435.415, 443.421, 443.455; OAR chapter 309, division 35 (residential treatment facilities, community based residential treatment homes, secure residential treatment facilities).

(j) ORS 443.745, 443.790; OAR chapter 309, division 40 (adult foster homes).

Note: Go to https://www.oregon.gov/oha/covid19/Pages/Masks.aspx to view public health orders that may have been issued under section (2) of this rule.

Statutory/Other Authority: ORS 413.042, ORS 431.110, ORS 431A.010, ORS 433.004, ORS 426.415, ORS 443.085, ORS 443.315, ORS 443.450, ORS 443.745, ORS 443.790, ORS 443.860 & ORS 441.025
Statutes/Other Implemented: ORS 431.110, ORS 431A.010, ORS 433.004, ORS 426.415, ORS 443.045, ORS 443.325, ORS 443.421, ORS 443.455, ORS 443.745, ORS 443.790, ORS 443.864 & ORS 441.030
History:
PH 14-2023, minor correction filed 03/29/2023, effective 03/29/2023
PH 11-2022, adopt filed 01/31/2022, effective 01/31/2022
PH 37-2021, temporary adopt filed 08/20/2021, effective 08/20/2021 through 02/15/2022

333-019-1015
Masking Requirements in Schools

(1) The Oregon Health Authority has the authority to adopt rules to prescribe measures and methods for controlling reportable diseases, including COVID-19. Children are required to attend school, which is a congregate setting where COVID-19 can spread easily if precautions are not taken. Two of the most important tools the state has to control COVID-19 are vaccination and masking. To protect students who for reasons of age or medical conditions are not eligible to be vaccinated, and those with underlying health conditions that make them more susceptible to complications from COVID-19, as well as to minimize the disruption of student education in schools because of exposure to a confirmed or suspected case of COVID-19, requiring universal use of masks or face coverings in schools is necessary.

(2) The requirements in this rule remain in effect unless the State Public Health Director or State Public Health Officer issues an order stating that the some or all requirements in this rule are no longer necessary to control COVID-19. If such an order is issued the Oregon Health Authority must provide notice to interested parties and otherwise take reasonable steps to ensure notice of the order is provided to those affected by this rule in accordance with ORS 183.335(1). The State Public Health Director or State Public Health Officer may also rescind such an order, and such a rescission must also be noticed as provided in this section. In determining whether this rule should remain in effect the State Public Health Director or State Public Health Officer will take into consideration as least the following information:

(a) The degree of COVID-19 transmission, as measured by case rates, percent positivity, and any other objective metrics indicative of current or potential transmission in Oregon.

(b) COVID-19 related hospitalizations and deaths.

(c) Disparate COVID-19 related health impacts on communities of color and tribal communities.

(d) Guidance from the U.S. Centers for Disease Control and Prevention.

(e) Proportion of the population partially or fully vaccinated.

(3) For purposes of this rule the following definitions apply:

(a) "COVID-19" means a disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

(b) "Face covering" means a cloth, polypropylene, paper or other face covering that covers the nose and the mouth and that rests snugly above the nose, below the mouth, and on the sides of the face.

(c) "Face shield" means a clear plastic shield that covers the forehead, extends below the chin, and wraps around the sides of the face.

(d) "Mask" means a medical grade mask.

(e) "Private individual workspace" means an indoor space within a school used for work by one individual at a time that is enclosed on all sides with walls from floor to ceiling and with a closed door.

(f) "School" means a public, private, parochial, charter or alternative educational program offering kindergarten through grade 12 or any part thereof.

(4) Schools must ensure that all individuals, including but not limited to staff, students, contractors and visitors wear a mask or face covering, except as provided in sections (5) and (6) of this rule, when in an indoor setting:

(a) At school during regular school hours;

(b) Engaged in educational activities such as field trips or off-campus classes during regular school hours; and

(c) At school engaged in educational activities outside of regular school hours.

(5) A face shield may be worn instead of a mask or face covering if an individual cannot wear a mask or face covering for medical reasons.

(6) An individual is not required to wear a mask or face covering under section (4) of this rule if the individual is:

(a) Is under five years of age or not yet in kindergarten; unless an individual is using public transportation or in transportation hubs in which case an individual under two years of age is not required to wear a mask, face covering or face shield.

(b) Is sleeping.

(c) Is actively eating or drinking.

(d) Is engaged in an activity that makes wearing a mask, face covering or face shield not feasible, such as when actively swimming.

(e) Is in a private individual workspace.

(f) Must remove the mask or face covering briefly because the individual’s identity needs to be confirmed by visual comparison.

(g) Is practicing or playing a competitive sport at any level.

(h) Is officiating a competitive sport that requires a high level of physical exertion by the official.

(i) Is performing, including but not limited to playing music, delivering a speech to an audience, and theater. This exception does not apply to teaching.

(7) Nothing in this rule is intended to prohibit a school from complying with the Americans with Disabilities Act (ADA), the Rehabilitation Act, the Individuals with Disabilities Education Act., Title VII of the Civil Rights Act, ORS 659.850 or applicable provisions of ORS chapter 659A.

(8) A school that violates this rule is subject to a civil penalty of $500 per day per violation.

Note: Go to https://govstatus.egov.com/or-oha-face-coverings to view public health orders that may have been issued under section (2) of this rule.

Statutory/Other Authority: ORS 413.042, ORS 431.110, ORS 431A.010 & ORS 433.004
Statutes/Other Implemented: ORS 431.110, ORS 431A.010 & ORS 433.004
History:
PH 23-2022, minor correction filed 03/04/2022, effective 03/04/2022
PH 10-2022, adopt filed 01/28/2022, effective 01/28/2022
PH 84-2021, temporary adopt filed 11/23/2021, effective 11/23/2021 through 01/28/2022
PH 44-2021, temporary adopt filed 09/03/2021, effective 09/03/2021 through 01/28/2022
PH 36-2021, temporary adopt filed 08/13/2021, effective 08/13/2021 through 01/28/2022
PH 33-2021, temporary adopt filed 08/02/2021, effective 08/02/2021 through 01/28/2022

333-019-1025
Masking Requirements for Indoor Spaces

(1) COVID-19 infection is transmitted predominately by inhalation of respiratory droplets generated when people cough, sneeze, sing, talk, or breathe. Studies show that masks and face coverings block the release of respiratory droplets into the environment and can also reduce the wearer’s exposure to droplets. COVID-19 viral particles spread between people more readily indoors, particularly when people are closer together for longer periods of time indoors. This rule is necessary to help control COVID-19, reduce hospitalizations and deaths, and provide general health protection to people in Oregon.

(2) The requirements in this rule remain in effect unless the State Public Health Director or State Public Health Officer issues an order stating that some or all requirements in this rule are no longer necessary to control COVID-19. If such an order is issued the Oregon Health Authority must provide notice to interested parties and otherwise take reasonable steps to ensure notice of the order is provided to those affected by this rule in accordance with ORS 183.335(1). The State Public Health Director or State Public Health Officer may also rescind such an order, and such a rescission must also be noticed as provided in this section. In determining whether this rule should remain in effect the State Public Health Director or State Public Health Officer will take into consideration as least the following information:

(a) The degree of COVID-19 transmission, as measured by case rates, percent positivity, and any other objective metrics indicative of current or potential transmission in Oregon.

(b) COVID-19 related hospitalizations and deaths.

(c) Disparate COVID-19 related health impacts on communities of color and tribal communities.

(d) Guidance from the U.S. Centers for Disease Control and Prevention.

(e) Proportion of the population partially or fully vaccinated.

(3) Nothing in this rule is intended to:

(a) Prohibit an individual or person from complying with a more restrictive mask requirement.

(b) Prohibit a person, including a business or governmental entity from applying more restrictive requirements.

(4) For the purposes of this rule, the following definitions apply:

(a) "Business" includes an individual, organization or entity engaged in commercial, industrial, non-profit or professional activities.

(b) "Common or shared space" means an area where individuals may interact such as a restroom, breakroom, hallway, elevator, lobby, classroom, large room with cubicles, meeting rooms, conference rooms and any area open to the public.

(c) "Face covering" means a cloth, polypropylene, paper or other face covering that covers the nose and the mouth and that rests snugly above the nose, below the mouth, and on the sides of the face.

(d) "Face shield" means a clear plastic shield that covers the forehead, extends below the chin, and wraps around the sides of the face.

(e) "Household" means individuals who live together in a single residence.

(f) "Indoor spaces" means anywhere indoors, including but not limited to public and private workplaces, businesses, indoor areas open to the public, building lobbies, common or shared spaces, classrooms, elevators, bathrooms, transportation services and other indoor space where people may gather for any purpose. An indoor space does not include a private residence or a private automobile being used for personal use and that is not used for ride sharing services.

(g) "Mask" means a medical grade mask.

(h) “Person” has the meaning given that term in ORS 174.100.

(i) "Person responsible for an indoor space" means any person or governmental entity responsible for the activities within an indoor space.

(j) "Private individual workspace" means an indoor space within a public or private workplace used for work by one individual at a time that is enclosed on all sides with walls from floor to ceiling and with a closed door.

(k) "Public and private workplaces" means indoor places where people work, including but not limited to businesses, banks, food processing plants, manufacturing facilities, construction sites, warehouses and farms.

(l) "Public transportation" means any form of transportation open to the public including but not limited to trains, buses, trolleys, street cars, vans, school buses, airplanes, boats, ride sharing services. Public transportation does not include private vehicles unless the private vehicle is being used for public transportation such as ride sharing services.

(m) "Ride sharing services" means transportation services, whether public or private, where a driver transports an individual or a group of people in a vehicle and charges a fare or bills for services. Ride sharing services include, but are not limited to, taxicabs, Uber, and Lyft.

(n) "Transportation hub" means any airport, bus terminal, marina, seaport or other port, subway station terminal (including any fixed facility at which passengers are picked-up or discharged), train station, U.S. port of entry, or any other location that provides transportation subject to the jurisdiction of the United States.

(5) Individuals, regardless of vaccination status, are required to wear a mask, face covering or face shield except as exempted in section (6) of this rule when in an indoor space.

(6) A mask, face covering, or face shield is not required when an individual:

(a) Is under five years of age or not yet in kindergarten; unless an individual is using public transportation or in transportation hubs in which case an individual under two years of age is not required to wear a mask, face covering or face shield.

(b) Is sleeping.

(c) Is actively eating or drinking.

(d) Is engaged in an activity that makes wearing a mask, face covering or face shield not feasible, such as when actively swimming.

(e) Is in a private individual workspace.

(f) Must remove the mask, face covering or face shield briefly because the individual’s identity needs to be confirmed by visual comparison, such as at a bank or if interacting with law enforcement.

(g) Is practicing or playing a competitive sport at any level.

(h) Is officiating a competitive sport that requires a high level of physical exertion by the official.

(i) Is performing, including but not limited to playing music, delivering a speech to an audience, and theater.

(7) A person responsible for an indoor space must:

(a) Ensure that employees, contractors, and volunteers comply with this rule within the indoor space.

(b) Make reasonable efforts to ensure customers, guests, visitors and other individuals comply with this rule within the indoor space.

(c) Post signs at every entrance to the indoor space that masks, face coverings or face shields are required as described in this rule.

(8) Nothing in this rule is intended to prohibit an employer or place of public accommodation from making reasonable accommodations in order to comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, ORS 659.850 or applicable provisions of ORS chapter 659A

(9) Penalties: Any person or person responsible for an indoor space who violates any provision of this rule is subject to civil penalties of up to $500 per day per violation.

Note:  Go to https://govstatus.egov.com/or-oha-face-coverings to view public health orders that may have been issued under section (2) of this rule.

Statutory/Other Authority: ORS 413.042, ORS 431A.010, ORS 431.110 & ORS 433.004
Statutes/Other Implemented: ORS 431A.010, ORS 431.110 & ORS 433.004
History:
PH 15-2022, adopt filed 02/07/2022, effective 02/07/2022
PH 83-2021, temporary adopt filed 11/23/2021, effective 11/23/2021 through 02/08/2022
PH 41-2021, temporary adopt filed 08/27/2021, effective 08/27/2021 through 02/08/2022
PH 35-2021, temporary adopt filed 08/11/2021, effective 08/13/2021 through 02/08/2022