Disease and Condition Control

ORS 433.004
Reportable diseases

  • duty to report
  • investigation
  • effect of failure to report
  • rules


(1)

The Oregon Health Authority shall by rule:

(a)

Specify reportable diseases;

(b)

Identify those categories of persons who must report reportable diseases and the circumstances under which the reports must be made;

(c)

Prescribe the procedures and forms for making such reports and transmitting the reports to the authority; and

(d)

Prescribe measures and methods for investigating the source and controlling reportable diseases.

(2)

Persons required under the rules to report reportable diseases shall report to the authority or the local public health administrator as specified by the authority by rule. A local public health administrator that receives a report under this subsection shall transmit the report to the authority as specified by the authority by rule.

(3)

The authority or local public health administrator may investigate a case of a reportable disease, disease outbreak or epidemic. The investigation may include, but is not limited to:

(a)

Interviews of:

(A)

The subject of a reportable disease report;

(B)

Controls;

(C)

Health care providers; or

(D)

Employees of a health care facility.

(b)

Requiring a health care provider, any public or private entity, or an individual who has information necessary for the investigation to:

(A)

Permit inspection of the information by the authority or local public health administrator; and

(B)

Release the information to the authority or local public health administrator.

(c)

Inspection, sampling and testing of real or personal property with consent of the owner or custodian of the property or with an administrative warrant.

(4)

(a) The authority shall establish by rule the manner in which information may be requested and obtained under subsection (3) of this section.

(b)

Information requested may include, but is not limited to, individually identifiable health 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;

(D)

Policies, practices, systems or structures that may have affected the likelihood of disease transmission; and

(E)

Factors that may influence an individual’s susceptibility to the disease or likelihood of being diagnosed with the disease.

(5)

In addition to other grounds for which a state agency may exercise disciplinary action against its licensees or certificate holders, the substantial or repeated failure of a licensee or certificate holder to report when required to do so under subsection (2) or (3) of this section shall be cause for the exercise of any of the agency’s disciplinary powers.

(6)

Any person making a report or providing information under this section is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making of a report or providing information under this section. [1987 c.600 §3; 2007 c.445 §6a; 2009 c.268 §2; 2009 c.828 §17; 2019 c.456 §31]
Note: The amendments to 433.004 (Reportable diseases) by section 3, chapter 592, Oregon Laws 2019, apply to the issuance or renewal of a license for a long term care facility, conversion facility, residential care facility or adult foster home on or after January 1, 2021. See section 10, chapter 592, Oregon Laws 2019. The text that applies to the issuance or renewal of a license for a long term care facility, conversion facility, residential care facility or adult foster home on and after January 1, 2021, is set forth for the user’s convenience.
433.004 (Reportable diseases). (1) The Oregon Health Authority shall by rule:

(a)

Specify reportable diseases and when the diseases must be reported under this section;

(b)

Identify those categories of persons who must report reportable diseases and the circumstances under which the reports must be made;

(c)

Prescribe the procedures and forms for making such reports and transmitting the reports to the authority; and

(d)

Prescribe measures and methods for investigating the source and controlling reportable diseases.

(2)

Persons required under the rules to report reportable diseases shall report to the authority or the local public health administrator as specified by the authority by rule. A local public health administrator that receives a report under this subsection shall transmit the report to the authority as specified by the authority by rule.

(3)

The authority or local public health administrator may investigate a case of a reportable disease, disease outbreak or epidemic. The investigation may include, but is not limited to:

(a)

Interviews of:

(A)

The subject of a reportable disease report;

(B)

Controls;

(C)

Health care providers; or

(D)

Employees of a health care facility.

(b)

Requiring a health care provider, any public or private entity, or an individual who has information necessary for the investigation to:

(A)

Permit inspection of the information by the authority or local public health administrator; and

(B)

Release the information to the authority or local public health administrator.

(c)

Inspection, sampling and testing of real or personal property with consent of the owner or custodian of the property or with an administrative warrant.

(4)

(a) The authority shall establish by rule the manner in which information may be requested and obtained under subsection (3) of this section.

(b)

Information requested may include, but is not limited to, individually identifiable health 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;

(D)

Policies, practices, systems or structures that may have affected the likelihood of disease transmission; and

(E)

Factors that may influence an individual’s susceptibility to the disease or likelihood of being diagnosed with the disease.

(5)

In addition to other grounds for which a state agency may exercise disciplinary action against its licensees or certificate holders, the substantial or repeated failure of a licensee or certificate holder to report when required to do so under subsection (2) or (3) of this section shall be cause for the exercise of any of the agency’s disciplinary powers.

(6)

Any person making a report or providing information under this section is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making of a report or providing information under this section.

Source

Last accessed
Jun. 26, 2021