ORS 431.382
Transfer of local public health authority’s responsibility

  • effective date of transfer
  • eligibility to receive moneys
  • written agreements
  • rules

(1)

If the Oregon Health Authority does not receive state moneys in an amount that equals or exceeds the estimate that the Oregon Health Authority submits to the Legislative Fiscal Office under ORS 431.380 (Distribution of funds) (2), the governing body of the county in which a local public health authority operates or the governing body of a local public health authority may adopt an ordinance or resolution transferring the responsibility for fulfilling the local public health authority’s duties under ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) and the other public health laws of this state to the Oregon Health Authority. An ordinance or resolution adopted under this section must specify the disparity in moneys received as described in this subsection.

(2)

The Oregon Health Authority shall prescribe the form and manner of informing the Oregon Health Authority that the local public health authority has made a transfer under this section.

(3)

A transfer under this section may not take effect until 180 days after the date on which an ordinance or resolution mandating the transfer is adopted unless the Oregon Health Authority agrees to an earlier effective date.

(4)

The local public health authority that makes a transfer under this section is not eligible to receive any moneys pursuant to ORS 431.380 (Distribution of funds), and the Oregon Health Authority may use the moneys to provide or to contract for the provision of public health programs and public health activities within the local public health authority’s jurisdiction.

(5)

If a local public health authority makes a transfer under this section, the Oregon Health Authority:

(a)

Is not obligated to provide or to contract for the provision of public health programs and public health activities within the local public health authority’s jurisdiction; and

(b)

Has the authority of a local public health authority and local public health administrator within the former local public health authority’s jurisdiction.

(6)

Intentionally left blank —Ed.

(a)

The governing body of a county or local public health authority that has transferred the responsibility for fulfilling the local public health authority’s duties to the Oregon Health Authority under subsection (1) of this section may request that the Oregon Health Authority transfer the responsibilities back to the local public health authority.

(b)

Upon the receipt of a request made under this subsection, the Oregon Health Authority and the governing body of the county or local public health authority that submitted the request shall enter into an agreement that provides a schedule for, and includes any other information necessary to effectuate, the transfer of responsibilities to the local public health authority. Upon completion by the Oregon Health Authority and the governing body of the terms of the agreement described in this paragraph, the governing body may repeal the ordinance or resolution adopted under subsection (1) of this section.

(c)

Unless the criteria established under this paragraph are met, and the Oregon Health Authority agrees to an earlier date pursuant to subsection (3) of this section, the governing body of a county or local public health authority described in this subsection may not request that the Oregon Health Authority transfer responsibilities back to the local public health authority sooner than four years from the date described in subsection (3) of this section. The Oregon Health Authority shall establish by rule criteria described in this paragraph.

(d)

A request made under this subsection must include the rationale for the request to transfer responsibilities back to the local public health authority.

(e)

Nothing in this subsection is intended to alter or terminate before the specified term an agreement or contract that the Oregon Health Authority entered into during the period when the Oregon Health Authority was fulfilling the responsibilities of the local public health authority.

(7)

Intentionally left blank —Ed.

(a)

The governing body of a county or local public health authority that adopts an ordinance or resolution pursuant to subsection (1) of this section shall enter into a written agreement with the Oregon Health Authority regarding the transfer.

(b)

If the governing body of a county or local public health authority makes a request under subsection (6) of this section, the governing body shall enter into a written agreement with the Oregon Health Authority regarding the transfer back to the local public health authority. The agreement must include a description of the reason or reasons that the governing body made the request under subsection (6) of this section.

(c)

The Oregon Health Authority may determine the form and manner of the records described in this subsection. [2015 c.736 §29; 2017 c.627 §5; 2019 c.321 §3]
Note: 431.382 (Transfer of local public health authority’s responsibility) was added to and made a part of 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 431.382 — Transfer of local public health authority’s responsibility; effective date of transfer; eligibility to receive moneys; written agreements; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html.

431.001
Findings
431.003
Definitions
431.035
Power of Director of Oregon Health Authority to delegate functions
431.045
Public Health Officer
431.110
General powers and duties of Oregon Health Authority
431.115
Administrative duties of Oregon Health Authority
431.120
Other duties of Oregon Health Authority
431.122
Members
431.123
Duties of Oregon Public Health Advisory Board
431.125
Duties related to public health laws
431.131
Foundational capabilities
431.132
Assessment and epidemiology
431.133
Emergency preparedness and response
431.134
Communications
431.135
Policy and planning
431.136
Leadership and organizational competencies
431.137
Health equity and cultural responsiveness
431.138
Community partnership development
431.139
Reporting on foundational capabilities
431.141
Foundational programs
431.142
Communicable disease control programs
431.143
Environmental public health programs
431.144
Prevention of injury and disease and promotion of health programs
431.145
Clinical preventive services
431.147
Authority to establish other public health programs and activities
431.148
Evidence-based best practices
431.149
Rulemaking authority over ORS 431.001 to 431.550 and 431.990
431.150
Enforcement of public health laws generally
431.155
Authority of Oregon Health Authority to restrain violation of public health laws
431.157
Authority of local public health administrator to restrain violation of public health laws
431.160
Commencement of prosecutions
431.170
State enforcement of public health laws and rules when local public health administrator is delinquent
431.175
Warrant procedure
431.180
Interference with individual’s selection of health care provider, treatment or religious practice prohibited
431.210
Public Health Account
431.220
Record of moneys in Public Health Account
431.230
Emergency or revolving fund
431.250
Federal grants to be handled by Oregon Health Authority
431.330
Members
431.335
Meetings
431.340
Recommendations of conference
431.350
Oregon Health Authority to adopt rules for ORS 431.330 to 431.350
431.380
Distribution of funds
431.382
Transfer of local public health authority’s responsibility
431.405
Purpose of ORS 431.380 to 431.510
431.413
Powers and duties of local public health authorities
431.415
Duties of governing bodies of local public health authorities
431.417
Distribution of moneys to local public health authorities
431.418
Local public health administrator
431.440
Powers of local public health administrators
431.443
Formation of health districts
431.447
Public health advisory boards
431.510
Facilities and funds for local public health authorities
431.520
Disposal of public records
431.550
Power of Oregon Health Authority to collect information from local public health administrators
431.705
Definitions for ORS 431.705 to 431.760
431.710
When Oregon Health Authority to initiate district formation or annexation
431.715
Resolution requesting Oregon Health Authority to initiate formation or annexation
431.717
Compelling adoption of resolution
431.720
Commission to review certain plans
431.725
Oregon Health Authority to review resolution
431.730
Conduct of hearing
431.735
Director’s authority under ORS 431.705 to 431.760
431.740
Notice to boundary commission
431.745
Petition for alternative plan
431.750
Commission review of alternative plan
431.756
Judicial review
431.760
Certain persons prohibited from participating in proceedings
431.990
Penalties
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