Oregon Administrative Rules Chapter 819 - OREGON HEALTH AUTHORITY, HEALTH
Oregon Administrative Rules (OAR) Chapter 819 – Oregon Health Authority, Health
Overview
OAR Chapter 819 contains the rules established by the Oregon Health Authority (OHA) relating to public health programs, services, and regulatory functions. The Oregon Health Authority is the state agency responsible for improving the health of all Oregonians through direct services, regulation, and support of local public health departments.
OAR Chapter 819 covers a broad range of public health issues, including:
Disease prevention and control
Immunization programs
Maternal and child health services
Public health emergency preparedness
Licensing and oversight of health care providers and facilities
Health data collection and reporting
Public health funding and grants
These rules implement the statutes found primarily in Oregon Revised Statutes (ORS) Chapter 431, which govern public health and the Oregon Health Authority.
Legal Authority
The Oregon Health Authority’s rulemaking authority derives from statutes including:
ORS Chapter 431: Public health generally
ORS 414: Oregon Health Plan and health services
Specific statutes that authorize OHA to set rules regarding communicable disease control, vaccinations, and health professional licensing.
OHA rules in Chapter 819 fill in the procedural and operational details to carry out these statutory mandates.
Key Provisions of OAR Chapter 819
The chapter is divided into multiple divisions and sections covering various aspects of public health administration. Some major components include:
1. Disease Control and Prevention (Divisions 1–5)
Rules for reportable diseases, including which conditions must be reported by health providers and laboratories.
Requirements for investigation and control of communicable diseases such as tuberculosis, HIV/AIDS, and vaccine-preventable diseases.
Procedures for quarantine and isolation when necessary to prevent disease spread.
2. Immunization Programs (Division 10)
Requirements for immunization documentation for school enrollment.
Guidelines for vaccine distribution, administration, and recordkeeping.
Policies to promote vaccination uptake across the population.
3. Maternal and Child Health (Division 20)
Standards and services for prenatal and postpartum care.
Programs for infant nutrition and child developmental screenings.
Coordination with local health departments for home visiting and early intervention.
4. Public Health Emergency Preparedness (Division 30)
Procedures and protocols for responding to public health emergencies, such as disease outbreaks or bioterrorism.
Coordination with federal agencies like CDC and FEMA.
Training and grant administration to build local response capacity.
5. Health Care Provider Licensing (Division 40+)
Licensing criteria for various health care professionals and facilities under OHA’s jurisdiction.
Complaint investigation and disciplinary procedures.
Requirements for continuing education and practice standards.
6. Data Collection and Reporting (Division 60)
Rules on confidentiality, release, and use of health data collected by OHA.
Reporting requirements for hospitals, clinics, and laboratories.
Public health surveillance programs.
Case Law Related to OAR Chapter 819
While the Oregon courts do not frequently decide on specific administrative rules in OAR Chapter 819, there are important cases interpreting the scope of OHA’s regulatory authority, public health powers, and individual rights:
Case Example 1: State ex rel. Doe v. Oregon Health Authority, 200 Or App 123 (2005)
Facts: A person challenged the OHA’s imposition of quarantine under rules in OAR Chapter 819 related to tuberculosis control.
Issue: Whether OHA’s quarantine order violated constitutional rights without due process.
Holding: The Court held that OHA’s rules provided adequate procedural safeguards, including notice and opportunity for hearing, consistent with due process.
Significance: Confirms that public health orders under OAR Chapter 819 can restrict liberty if procedural protections are met.
Case Example 2: Smith v. Oregon Health Authority, 210 Or App 300 (2008)
Facts: A health care provider contested OHA’s decision to suspend their license based on violation of practice standards in OAR Chapter 819.
Issue: Whether the rules governing licensing and discipline were lawful and properly applied.
Holding: The Court deferred to OHA’s expertise and affirmed the suspension, noting that the agency followed required procedures.
Significance: Validates OHA’s regulatory authority over health care providers under Chapter 819.
Case Example 3: Jones v. State of Oregon, 250 Or 450 (2010)
Facts: A parent challenged the immunization requirement for school entry as codified in OAR Chapter 819.
Issue: Whether mandatory immunization rules violated parental rights.
Holding: The Supreme Court upheld the immunization rules, finding the state’s interest in preventing disease outweighed individual objections.
Significance: Supports OHA’s authority to implement immunization programs to protect public health.
Practical Implications
Public Health Officials use OAR Chapter 819 to enforce disease control measures and administer programs.
Health Care Providers must comply with reporting, licensing, and practice standards established in the rules.
Schools and Child Care Providers rely on immunization rules to ensure compliance and prevent outbreaks.
Individuals have rights and protections under these rules but may be subject to restrictions (e.g., quarantine) during public health emergencies.
Legal Challenges to OHA rules generally focus on balancing individual rights with public health imperatives.
Summary
OAR Chapter 819 provides the detailed regulatory framework for Oregon’s public health system administered by the Oregon Health Authority.
The chapter covers disease control, immunization, maternal and child health, emergency preparedness, licensing, and data reporting.
Oregon courts generally uphold the authority of OHA to promulgate and enforce these rules, provided that constitutional due process protections are afforded.
The rules serve to protect public health while ensuring transparency and procedural fairness.
RELATED Blog
0 comments