Oregon Administrative Rules Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION
Oregon Administrative Rules Chapter 333
Oregon Health Authority (OHA) — Public Health Division
Overview
OAR Chapter 333 contains the administrative rules governing the Public Health Division of the Oregon Health Authority (OHA). This division is responsible for protecting and improving the health of all Oregonians through public health programs, disease prevention, health promotion, and emergency preparedness.
The rules establish the framework for various public health services, disease control, reporting requirements, immunization programs, and enforcement authorities to safeguard public health.
Statutory Authority
The Public Health Division’s authority derives from several Oregon Revised Statutes, including:
ORS Chapter 431 — Oregon Health Authority establishment and powers
ORS Chapter 433 — Control of communicable diseases
ORS Chapter 433.004 — Reporting of diseases and health conditions
ORS Chapter 414 — Vital statistics and public health data
Other statutes relating to environmental health, immunization, and emergency health powers
OAR Chapter 333 implements these statutes through detailed rules governing public health activities.
Purpose of OAR Chapter 333
To provide rules that govern the prevention and control of communicable diseases
To establish procedures for disease reporting and surveillance
To define immunization requirements for school children and certain populations
To regulate public health emergencies and response activities
To provide standards for environmental health, such as water and sanitation
To ensure compliance with state and federal public health laws and mandates
Key Provisions of OAR Chapter 333
1. Communicable Disease Control
Rules for reporting specific communicable diseases by healthcare providers and laboratories to the Public Health Division.
Procedures for disease investigation, contact tracing, and isolation/quarantine measures.
Regulations for managing outbreaks of diseases such as tuberculosis, measles, and sexually transmitted infections.
2. Immunization Requirements
Mandates for vaccination of children entering schools or childcare facilities, with exemptions and waiver provisions.
Standards for immunization record keeping and verification.
3. Vital Records and Reporting
Rules governing the collection, maintenance, and confidentiality of vital statistics like births and deaths.
Requirements for timely and accurate disease and health condition reporting by medical professionals.
4. Environmental Health
Standards related to water quality, sanitation, and control of environmental hazards affecting public health.
Oversight of programs addressing food safety, vector control, and radiation safety.
5. Public Health Emergencies
Authority to declare public health emergencies and activate emergency response plans.
Procedures for coordination with local health departments and other agencies during emergencies.
Enforcement powers for controlling disease spread during emergencies, including quarantine and isolation orders.
6. Enforcement and Compliance
Investigative authority to ensure compliance with public health rules.
Penalties for violations, including fines and corrective orders.
Appeal and hearing rights for regulated parties.
Relevant Case Law Involving OAR Chapter 333 and Public Health Division
Several Oregon court decisions have addressed issues related to the Public Health Division’s authority under OAR Chapter 333:
1. Public Health Emergency Powers
Courts have upheld the broad emergency powers granted to the OHA and Public Health Division, recognizing the state’s compelling interest in controlling communicable diseases.
Judicial review typically balances individual rights with the necessity of public health protection, often deferring to agency expertise in emergencies.
2. Mandatory Disease Reporting
Courts have supported the requirement that healthcare providers report certain diseases to public health authorities, emphasizing the importance of surveillance for protecting the population.
Privacy concerns have been addressed by upholding confidentiality protections in reporting rules.
3. Immunization Requirements
Immunization mandates for school entry have been consistently upheld as a valid exercise of state police power to protect public health.
Courts have recognized limited exemptions but require strict compliance with immunization rules to prevent outbreaks.
4. Quarantine and Isolation Orders
Judicial decisions have confirmed the authority of the Public Health Division to impose quarantine or isolation in communicable disease cases, subject to due process protections.
Courts require that such orders be reasonable, supported by evidence, and that affected individuals have opportunity to contest.
5. Enforcement and Due Process
Courts require that enforcement actions, such as penalties for public health violations, provide due process including notice and hearing opportunities.
Arbitrary or capricious enforcement actions may be overturned.
Practical Impact of OAR Chapter 333
For Healthcare Providers: Clear obligations for disease reporting and immunization documentation.
For Schools and Childcare: Compliance with immunization and health screening requirements to protect children.
For the Public: Protection from communicable diseases through surveillance, vaccination, and emergency interventions.
For the OHA: Legal authority to monitor, prevent, and respond to public health threats efficiently and fairly.
Summary
OAR Chapter 333 defines the regulatory framework through which the Oregon Health Authority’s Public Health Division carries out disease control, immunization enforcement, emergency response, and environmental health protection. Oregon courts generally uphold the Division’s authority while ensuring due process and balancing individual rights with public safety.
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