Oregon Administrative Rules (OARS):
Investigation and Control of Disease
All Oregon physicians, other health care providers, and laboratorians are required by law to report certain diseases and conditions to local health departments. Some cases are subject to restrictions on school attendance, day care attendance, patient care, and food handling. There are civil penalties (333-124-0001) for failure to comply with the statutory and administrative rule requirements in divisions 100 through 123.
See also clinical laboratory regulations, and requirements for Oregon lab reporting to local health departments.
On this page:
Temporary Rule: Implemented January 7, 2015
The Oregon Health Authority, Public Health Division, Acute and Communicable Disease Prevention section has temporarily amended OAR 333-019-0010
pertaining to control of communicable diseases through disease-related school, child care and worksite restrictions.
This rule is effective January 7, 2015 – July 5, 2015. It is the Authority’s intention to begin the process to make these rules permanent.
Current Oregon law authorizes the Oregon Health Authority to exclude persons from work or attendance at school or child-care facilities if they have reportable diseases; and to exclude persons from attendance at school or child-care facilities if they are not immunized according to OAR 333-050-0050
or have a nonmedical exemption to immunization.
The form for claiming a nonmedical exemption to immunization requirements has parents sign a statement that reads, “I understand that my child may be excluded from school or child care attendance if there is a case of disease that could be prevented by vaccine” (https://public.health.oregon.gov/PreventionWellness/VaccinesImmunization/GettingImmunized/Documents/SchCISform.pdf
). Moreover, ORS 433.260
(1) reads, “Whenever any administrator has reason to suspect that any child or employee has or has been exposed to any restrictable disease and is required by the rules of the Oregon Health Authority to be excluded from a school or children’s facility, the administrator shall send such person home…” However, no rule explicitly addresses this exclusion of non-ill but exposed susceptible persons.
Chickenpox has recently broken out in an Ashland, Oregon school with a high rate of nonmedical exemptions to the statewide requirement for chickenpox vaccination. In such a situation, unimmunized children would typically be excluded, but questions have arisen as to who has authority to require such exclusion. We have been advised by our counsel to clarify this authority in rule as suggested by ORS 433.260
. This temporary rule, which we would expect to make permanent, is intended to clarify public health’s authority to require such exclusions.
For more details, please see the following rulemaking documents and the full text of the temporary rules.
Proposed Rules-Mandatory HAI Reporting
Notice of Proposed Rulemaking for OAR Chapter 333, Division 18: Changes to Mandatory HAI Reporting
The Oregon Health Authority, Public Health Division, Acute and Communicable Disease Prevention section is proposing to permanently amend administrative rules in chapter 18 relating to hospitals and dialysis facilities.
The purpose of the proposed rules is to update references and add clarification to OAR 333-018-0110(9) regarding health care acquired infection process measures.
As the Centers for Medicare and Medicaid Services (CMS) drops requirements for reporting specific process measures, the Oregon Health Authority (Authority) will drop the same measures from mandatory reporting (SCIP-Inf-1, SCIP-Inf-2, SCIP-Inf-3, SCIP-Inf-6 and SCIP-Inf-9.
The proposed rules will add dialysis facilities and inpatient psychiatric facilities (IPF) to the list of facilities that must submit an annual survey to the Authority regarding influenza vaccination of staff under OAR 333-018-0127
These changes are a result of following CMS mandatory reporting changes in order for the Authority to view the same data, thereby minimizing additional burden to the reporting facilities.
You are invited to review and comment on the proposed rules. Final rules will be filed after consideration of all comments.
How to Comment
If you wish to present oral testimony, a public hearing will be held January 20, 2015 at 1:30pm in Portland, Oregon at 800 NE Oregon Street, Room 1A. [map]
You may file written comments before 5:00pm on January 27, 2015 to the Public Health Division Rules Coordinator:
OHA, Public Health Division
Brittany Sande, Administrative Rules Coordinator
800 NE Oregon Street, Suite 930
Portland, OR 97232
FAX: (971) 673-1299
If you have any questions or would prefer a hardcopy be sent, please contact Katherine Ellingson at 971-673-1074
Chapter 333, divisions 12, 17, 18, 19, 24, 26, 56
DIVISION 17 - Disease Control (definitions and references)
- 333-017-0000 Definitions
- 333-017-0005 Reference documents
DIVISION 18 - Disease Reporting (responsibilities and requirements)
- 333-018-0000 Who is responsible for reporting
- 333-018-0005 To whom reports shall be made
- 333-018-0010 Form of the report
- 333-018-0015 What is to be reported and when
- 333-018-0018 Submission of isolates to the public health laboratory
- 333-018-0020 Handling of Reports by the local public health authorities
- 333-018-0030 Reporting of HIV test results
- 333-018-0035 Procedures involving emergency response employees [renumbered from 333-018-0023]
DIVISION 19 - Investigation and Control of Diseases (general powers and responsibilities)
- 333-019-0000 Responsibility of public health agencies to investigate reportable diseases
- 333-019-0002 Cooperation with public health authorities
- 333-019-0005 Conduct of special studies by the DHS; Disease-related school, child-care and worksite restrictions
Disease-Related School, Child care, and Worksite Restrictions
- 333-019-0010 Imposition of restrictions
- 333-019-0014 Removal of restrictions;
Pet licensing, animal bites and rabies
- 333-019-0017 Rabies vaccination for animals
- 333-019-0019 Dog licensing
- 333-019-0022 Wolf-dog hybrids
- 333-019-0024 Management of animal bites
- 333-019-0027 Management of possibly rabid animals;
Other Disease-Specific Provisions
- 333-019-0031 Acquired Immunodeficiency Syndrome / Human Immunodeficiency Virus [renumbered from 333-019-0223] (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 fond in OAR 333-012-0265 and 333-012-0270.
- 333-019-0036 Special precautions relating to pregnancy and childbirth
- 333-019-0039 Sudden Infant Death Syndrome [renumbered from 333-018-0025]
- 333-019-0041 Tuberculosis [renumbered from 333-019-0405]
- 333-019-0046 Typhoid
DIVISION 26 - Enforcement of Public Health Rules
- 33-026-0030 Civil Penalties for Violations of OAR Chapter 333, Divisions 18 and 19
DIVISION 56 - Infectious Waste
- 333-056-0010 Purpose of infectious waste administrative rules
- 333-056-0020 Definitions relating to infectious waste
- 333-056-0030 Infectious waste treatment
- 333-056-0040 Infectious waste storage times and temperatures
- 333-056-0050 Prevention of disease transmission by blood-contaminated sharp objects
Oregon Department of Education (ODE)
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