Department of Public Health - Chapter 333
DIVISION 19 RESEARCH AND CONTROL OF DISEASES: GENERAL POWERS AND RESPONSIBILITIES
333-019-1010
COVID-19 vaccination requirement for healthcare providers and healthcare personnel in healthcare facilities
(1) Vaccination of healthcare providers and medical personnel against COVID-19 is essential for this condition. COVID-19 undergoes frequent mutations during replication, which over time has resulted in variants that are more susceptible to transmission or cause more severe disease. Unvaccinated people exposed to COVID-19 are at high risk of becoming infected in the absence of mitigation measures and can then spread the virus to others. Fully vaccinated people get COVID-19 (known as vaccine breakthrough infections) much less often than unvaccinated people. Vaccinations are crucial to prevent the spread of COVID-19. Healthcare professionals and medical staff come into contact with many patients during a typical day and week. The CDC recommends that all eligible persons be vaccinated against COVID-19. This rule is essential to help control COVID-19, protect patients and healthcare workers in the state.
(2) For the purposes of this provision, the following definitions apply:
(a) "Contractor" means a person who has healthcare providers or healthcare professionals under contract to provide services in Oregon healthcare facilities.
(b) "COVID-19" means the disease caused by Severe Severe Respiratory Syndrome Coronavirus 2 (SARS-CoV-2).
(c) "Medical Exception Documentation" means an Oregon Health Authority (OHA) recommended form or similar form that contains all the information required on an OHA form, signed by a medical provider who is not an individual, certifying that the individual has an impairment a physical or mental condition that limits an individual's ability to receive a COVID-19 vaccine based on a specific medical diagnosis and whether the impairment is temporary or permanent.
(d) "Religious Exception Documentation" means an Oregon Health Authority (OHA) recommended form or similar form that contains all the information required on an OHA form, signed by an individual, stating that the individual is requesting an exemption from the COVID vaccination requirement -19 based on sincerely held religious beliefs and includes a statement describing how the requirement to vaccinate conflicts with a person's religious practices, practices or beliefs.
(e) "Fully vaccinated" means that they have received both doses of a two-dose COVID-19 vaccine or one dose of a single-dose COVID-19 vaccine and at least 14 days have passed since the person's last dose of COVID-19 vaccine.
(f) "Healthcare Providers and Medical Professionals":
(A) Means persons, paid and unpaid, working, learning, studying, assisting, observing or volunteering in a healthcare facility providing direct care to a patient or resident, or who may be directly or indirectly exposed to patients, residents or infectious materials, and includes, but is not limited to, any person licensed by a health regulatory authority as defined in ORS 676.160, unlicensed caregivers, and any office, dietary, environmental, laundry, security, engineering and facility management, administrative, billing, student, and staff services volunteers.
(B) Does not mean parents, family members, guardians or foster parents residing at home and caring for a child or ward at home.
(g) "Healthcare Facility":
(A) Means any place where health care is provided, including physical, dental, or behavioral care, and includes, but is not limited to, any health care facility or agency licensed under section 441 or 443 of the ORS, such as hospitals, outpatient surgical centers, birthing facilities, special inpatient care facilities, long term acute care facilities, inpatient rehabilitation facilities, inpatient hospices, care facilities, nursing homes, residential facilities, inpatient behavioral health facilities, adult orphanages, group homes, pharmacies, hospices, vehicles or temporary sites, where healthcare is provided or is related to the provision of healthcare (for example, mobile clinics, ambulances) outpatient facilities such as dialysis centers, healthcare providers' offices, dental offices, behavioral health care clinics, urgent care centers, counseling offices, surgeries offering complementary and alternative medicine such as acupuncture, homeopathy, naturopathy, chiropractic and osteopathic medicine and other specialist centres.
(B) Does not include a person's private home unless the home is otherwise licensed, registered or certified as a facility or home listed in paragraph (A) of this subsection.
(h) "Medical exception" means that the person has a physical or mental impairment that prevents them from receiving the COVID-19 vaccine.
(i) "Vaccination Proof" means documentation provided by a tribal, federal, state or local government or healthcare provider that includes an individual's name, date of birth, type of COVID-19 vaccination administered, date or dates provided, in depending on whether it is a single-dose or two-dose vaccine and the name or location of the healthcare provider or where the vaccine was administered. Records may include, but are not limited to, a COVID-19 vaccination card or a copy or digital image of a vaccination card, a printout from the Oregon Health Authority's vaccination record, or a quick response (QR) code from a verified digital vaccination record.
(j) "Religious exception" means that the person has a genuine religious belief that prevents them from receiving the COVID-19 vaccine.
(k) "Responsible Party" means the person or persons controlling or responsible for the activities of healthcare providers or healthcare professionals in a healthcare facility.
(3) After October 18, 2021:
(a) Healthcare providers and healthcare professionals may not work, learn, study, assist, observe, or volunteer in healthcare facilities unless they are fully vaccinated or have documentation of a medical or religious exception.
(b) A healthcare provider or healthcare provider employer, contractor, or responsible party may not employ, contract, or accept volunteer services from healthcare providers or healthcare professionals who work, study, study, assist, observe, or volunteer in a healthcare facility unless the healthcare provider or healthcare workers are fully vaccinated against COVID-19 or have an approved or accepted medical or religious exemption.
(4) Healthcare provider or healthcare provider employers, contractors and responsible parties who grant a medical or religious exception to the vaccination requirement in this principle must take reasonable steps to ensure that unvaccinated healthcare providers and healthcare professionals are protected from infection and the spread of the COVID-19 virus 19.
(5) Nothing in this provision is intended to prevent employers of healthcare providers or medical personnel, contractors and responsible persons from:
(a) Compliance with the Americans with Disabilities Act and Title VII of the Civil Rights Act and equivalent state law for those who cannot be vaccinated due to medical conditions or sincere religious beliefs.
(b) Having more restrictive or additional requirements, including, but not limited to, requiring healthcare providers and healthcare professionals to have records of additional or booster doses of COVID-19 vaccine, if recommended by the U.S. Centers for Disease Control and Prevention.
(6) Documentation of vaccinations and documentation of medical and religious exceptions described in this provision must be:
(a) Maintained in accordance with applicable federal and state laws;
(b) maintained for at least two years; AND
(c) Provided upon request by the Oregon Health Authority.
(7) Provider or HCP employers, contractors, and responsible parties who violate any provision of this policy will be subject to civil penalties of $500 per day for each violation.
(8)In addition to the imposition of civil penalties pursuant to Section (7) of this provision, a violation of this provision may also give rise to licensing proceedings permitted under the following statutes or rules:
(a) ORS 443.045; OAR Chapter 333, Division 27 (home health agencies, to the extent staff provide services or care in health care facilities).
(b) ORS 443.864, 443.869; OAR Chapter 333, Division 35 (hospice programs, to the extent staff provide services or care in health care facilities).
(c) ORS 441.030; OAR Chapter 333 Division 71 (special residential care facilities).
(d) ORS 441.030; OAR chapter 333, division 76 (ambulatory surgical centers, extended stay centers and birthing centers).
(e) ORS 441.030; OAR Chapter 333 Division 501 (Hospitals).
f) ORS 443.325; OAR Chapter 333 Division 536 (home care agencies, to the extent that caregivers provide care in health care facilities).
g) ORS 441.030; OAR section 333, section 700 (ambulatory renal dialysis equipment).
(h) ORS 426.415; OAR chapter 309, division 22 (inpatient psychiatric treatment facilities).
(i) ORS 435.415, 443.421, 443.455; OAR chapter 309, division 35 (inpatient treatment centres, community residential treatment homes, safe residential treatment facilities).
(j) ORS 443.745, 443.790; OAR Chapter 309 Division 40 (adult orphanages).
Statutory/other authority:ORS 413.042, ORS 431A.010, ORS 431.110, ORS 433.004, ORS 426.415, ORS 443.085, ORS 443.315, ORS 443.450, ORS 443.745, ORS 443.790, ORS 443.860 i ORS 441.025
Statutes/Other Implemented:ORS 431A.010, ORS 431.110, ORS 433.004, ORS 426.415, ORS 443.045, ORS 443.325, ORS 443.421, ORS 443.455, ORS 443.745, ORS 443.790, ORS 443.864 i ORS 441.030
History:
PH 28-2023, provisional suspension made 10/05/2023, effective 11/05/2023 to 6/11/2023
PH 52-2022, minor correction filed on 03/05/2022, effective from 03/05/2022
PH 11-2022, adopted on January 31, 2022, valid from January 31, 2022
PH 42-2021, temporary adoption filed on September 1, 2021, valid from September 1, 2021 to January 31, 2022
PH 38-2021, temporary adoption filed on August 25, 2021, valid from August 25, 2021 to January 31, 2022
PH 34-2021, temporary adoption filed May 8, 2021, valid from May 8, 2021 to January 31, 2022
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FAQs
Is an Oregon Administrative Rule a law? ›
Oregon Administrative Rules Compilation (OAR) is the official compilation of rules and regulations, having the force of law in the U.S. state of Oregon. It is the regulatory and administrative corollary to Oregon Revised Statutes, and is published pursuant to ORS 183.360(3).
On which website do you look for all administrative rules in Oregon? ›Access Oregon Administrative Rules Database (OARD) Welcome to the database for the Oregon Administrative Rules. You have all the rules and filings for Oregon in one easy to search location.
What is the difference between Oregon Revised Statutes and Oregon Administrative Rules? ›The Oregon Administrative Rules (OAR) are the rules by which state agencies and subunits operate. They are the strategies that agencies use to carry out the goals established by the Oregon Revised Statutes. Unlike the ORS, OAR are not officially adopted by the Legislative Assembly.
What is the Oregon temporary administrative order? ›RULE SUMMARY: OAR 333-019-1010 helps to prevent and slow the spread of COVID-19 by requiring health care personnel and healthcare staff who work in healthcare settings to be vaccinated against COVID-19 or request a medical or religious exception.
Do administrative regulations have the force of law? ›A regulation is a rule adopted by a state regulatory agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. Do regulations have the same effect as laws? Yes. Legally adopted regulations filed with the Secretary of State have the force of law.
Do administrative rules and regulations have the force of law? ›The regulations issued pursuant to this authority carry the force and effect of law and can have substantial implications for policy implementation. When issuing these regulations, agencies are required to follow a certain set of procedures prescribed in law and executive order.
What is rule 7 in Oregon? ›(1) Notice required. Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
Who enforces Oregon Administrative Rules? ›The Oregon Secretary of State's office compiles and publishes the entire series of Oregon Administrative Rules.
What is Oregon Administrative rule 411 060? ›The purpose of these rules in OAR chapter 411, division 060 is to establish requirements for Nursing Facilities, Assisted Living Facilities and Residential Care Facilities to ensure all residents, Facility Staff and Associated Staff are tested for COVID-19.
How does an administrative rule regulation differ from a statute? ›Statutes also referred to as codes, are laws written and enacted by the legislative branch of government (e.g, U.S. Congress, state legislators). Regulations also referred to as rules, are written by agencies (e.g., Environmental Protection Agency) to supplement laws that were passed by the legislature.
What are the different types of administrative regulations and rulings? ›
An administrative agency's rules can be categorized into one of four categories: legislative rules; interpretive rules; procedural rules; and general statements of policy.
Are administrative laws the same as statutes? ›Statutory law and administrative law are two main types of laws created by a government. Administrative law describes how a government bureaucratic agency can operate. Most bureaucratic agencies exist in the executive branch. Statutory law, on the other hand, regulates and advises the general public.
What is the purpose of an administrative order? ›An administrative order is a legal document issued by an administrative agency such as the Environmental Protection Agency (EPA) directing an individual, business, or other entity to take corrective action or refrain from an activity.
How long can you be a temporary employee in Oregon? ›3. Q: How long may an agency employ a temporary employee? A: Full-time temporary employees may not work more than six calendar months in a calendar year. Part-time temporary employees may not work more than 1040 hours in a calendar year.
What is Oregon Administrative Rules 213? ›Rule 213-003-0001. Definitions. As used in these rules: (1) “Bench probation” means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge. (2) “Board” means the State Board of Parole and Post-Prison Supervision.
What is an example of administrative regulation? ›For example, Congress has passed laws that allow disabled individuals to receive government assistance. The Social Security Administration (SSA) is the administrative agency created to implement Congress's social security and disability laws.
What are some examples of administrative regulations law? ›Examples of administrative law include The Civil Rights Act of 1964, part of which created the Equal Employment Opportunity Commission, the environmental protection acts, which created the Environmental Protection Agency in 1970, and the Department of Transportation Act of 1966, which created the Department of ...
Do administrative regulations have a binding effect? ›The binding nature of an administrative decision is somewhat less than that of case law. However, the decisions are binding on the parties and often only persuasive elsewhere. Courts will often defer to the expertise of an agency, but they are not bound by its decision.
What is the difference between a rule and a regulation? ›A regulation is a bit more formal than a rule – it prescribes the required conduct or action exactly; Rules are also binding, but, by contrast, describe what is generally considered to be the proper course of conduct. Codes are books where statutes (laws) or regulations on similar subjects are grouped together.
What are the two types of rules in administrative law? ›There are two main types of administrative law: rules and regulations and administrative decisions. Both are made by government agencies or commissions which derive their authority from Congress or a state legislature. Most of these agencies or commissions are part of the executive branch of government.
Is administrative law constitutional law? ›
Constitutional law and administrative law are the two main types of federal law. Constitutional law is any law related to the rights and responsibilities of the different branches of a government. Administrative law is any law related to the administration of a bureaucratic agency in a government.
What is Rule 44 Oregon? ›When the mental or physical condition or the blood relationship of a party, or of an agent, employee, or person in the custody or under the legal control of a party (including the spouse of a party in an action to recover for injury to the spouse), is in controversy, the court may order the party to submit to a ...
What is a Rule 69 Letter Oregon? ›ORCP 69 requires the court or clerk to enter an order of default on a showing by affidavit or declaration that a party against whom a judgment is sought has been served with Summons or is otherwise subject to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law.
What is Oregon Rule 54? ›54(d)(1), not later than 14 days after filing of the Clerk's order taxing costs, any party may file and serve written objections to the Clerk's order. Unless requested by the Court, there will be no further submissions, and review by the Court will be determined on the same papers and evidence submitted to the Clerk.
What does Oregon have that other states don t? ›Oregon has the only U.S. state flag with different designs on each side. Escutcheon on the front and beaver on the reverse.
What is an administrative law judge in Oregon? ›Administrative Law Judges (ALJ) conduct administrative hearings regarding disputes involving State agencies, other governing agencies and outside parties, and render written orders setting forth the findings of fact and conclusions of law.
Who controls Oregon state Legislature? ›House members
The Oregon House of Representatives is split evenly between 30 Democrats and 30 Republicans and the parties share control of the chamber. Republicans gained six seats over the previous session.
Rule 410-141-3845. Health-Related Services. (1) The goals of health-related services (HRS) are to promote the efficient use of resources and address members' social determinants of health to improve health outcomes, alleviate health disparities, and improve overall community well-being.
What is Oregon Administrative Rule 410 120 1340? ›Rule 410-120-1340. Payment. (1) The Division shall make payment only to the enrolled provider (see OAR 410-120-1260 (Provider Enrollment)) who actually performs the service or to the provider's enrolled billing provider for covered services rendered to eligible clients.
What is Oregon Administrative Rules 410 141 3825? ›(a) Any service which exceeds those that are medically appropriate and necessary to provide reasonable diagnosis and treatment; enable the OHP client to attain or retain the capability for independence or self-care; or screen for preventable disease or disease exacerbation.
What are the two most important statutes in administrative law? ›
The primary administrative law statutes and other laws that govern agency rule making include: The Administrative Procedure Act, 5 U.S.C. §§ 552 and 553. The Housekeeping Act, 5 U.S.C.
Can a regulation override a statute? ›Laws created by agencies are called “regulations.” Regulations usually must be authorized by a statute, and are subordinate to statutes. However, they have the same legal force as statutes.
Can courts interpret administrative regulations? ›Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation.
What are administrative regulations simple? ›Administrative regulation means each statement of general applicability promulgated by an administrative body that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any administrative body.
What is the source of law administrative regulations? ›The APA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts.
What is another name for administrative law? ›Administrative law is an arm of public law and is also known as “regulatory law.”
Does administrative law include only state regulations? ›Administrative law consists of the rules, orders, and decisions of administrative agencies. Administrative law includes only state regulations. Common law is the same as statutory law. Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.
Is administrative law the same as civil law? ›Civil Law regulates our personal, family and professional life in general. This is a fundamental branch of law in the exercise of law - from contract formation to judicial litigation. Administrative Law, on the other hand, regulates the activities between people and the Public Administration.
What are the four purposes of the administrative Procedures Act? ›The purposes of the act were: (1) to ensure that agencies keep the public informed of their organization, procedures, and rules, (2) to provide for public participation in the rule-making process, (3) to prescribe uniform standards for the conduct of formal rule making and adjudicatory proceedings, and (4) to restate ...
What is a primary responsibility of administrative law? ›The main purpose of administrative law consists of ensuring accountability for administrative agencies. By providing for judicial review of agency actions, this body of law curbs the power of the executive branch and provides transparency to the public.
What is the primary purpose of the administrative Procedures Act? ›
The Administrative Procedure Act (APA) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.
Can I waive my lunch break in Oregon? ›No. Your employee may not legally waive his rights to receive required rest and meal periods. To be in compliance, you must require your employee to take all mandated breaks, and you may even need to discipline an employee who refuses to do so.
What is the longest shift you can work in Oregon? ›A workweek does not need to be from Monday to Friday, but can't be more than 40 hours long. Oregon's overtime payment rules also vary depending on the industry, the employee's position, and pay rate. Overtime is one of the many types of Oregon Labor Laws employer must comply with.
Does Oregon have to pay out PTO? ›There is no legal requirement to offer these benefits. Your employer is required to honor any established policy or agreement relating to the payment of benefits such as accrued vacation or severance pay upon termination.
What is Rule 7 in Oregon? ›(1) Notice required. Summons shall be served, either within or without this state, in any manner reasonably calculated, under all the circumstances, to apprise the defendant of the existence and pendency of the action and to afford a reasonable opportunity to appear and defend.
What is Oregon Administrative Rules 918 282? ›Electrical contractors engaged in the business of making electrical installations that require a signing supervising electrician shall assure that all electrical work is made by, or under the direct supervision or control of, a continuously employed full-time signing supervising electrician acting within the scope of ...
What is the difference between law and administrative rules? ›Agency decisions are similar to case law, but they are generated by an agency decision-making body rather than by a state or federal court. The binding nature of an administrative decision is somewhat less than that of case law. However, the decisions are binding on the parties and often only persuasive elsewhere.
Is administrative a type of law? ›Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport.
What is administrative rule in law? ›Administrative laws at the federal level are typically called rules (or regulations). Rules are promulgated to implement, interpret, or prescribe law or policy. The terms "rules" and "regulations" have the same meaning in the context of federal administrative law and are used interchangeably.
What is the purpose of administrative regulations? ›The main purpose of administrative law consists of ensuring accountability for administrative agencies. By providing for judicial review of agency actions, this body of law curbs the power of the executive branch and provides transparency to the public.
Does administrative law override statutory law? ›
Most bureaucratic agencies exist in the executive branch. Statutory law, on the other hand, regulates and advises the general public. The main relationship between the two types of government law is that administrative law guides bureaucratic agencies as they enforce statutory laws.
What are three examples of administrative law? ›Examples of administrative law include The Civil Rights Act of 1964, part of which created the Equal Employment Opportunity Commission, the environmental protection acts, which created the Environmental Protection Agency in 1970, and the Department of Transportation Act of 1966, which created the Department of ...
What are the 2 types of administrative law? ›There are two main types of administrative law: rules and regulations and administrative decisions. Both are made by government agencies or commissions which derive their authority from Congress or a state legislature. Most of these agencies or commissions are part of the executive branch of government.
What is the burden of proof in administrative law? ›Generally, the burden of proof in administrative hearings is preponderance of the evidence. This standard is different from the beyond a reasonable doubt standard in criminal trials. For evidence to meet this burden, it must be probative and reliable.
What does ORS stand for in Oregon law? ›Oregon Revised Statutes contain the laws enacted by the legislature and governor, or passed by a vote of the people through the initiative process.
What does administrative law protect? ›Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both federal and state).
Where do administrative regulations come from? ›Federal administrative law derives from the President, agencies of the Executive Branch, and independent regulatory agencies. Agencies are given the authority to create administrative law through laws enacted by Congress. The law comes in the form of rules, regulations, procedures, orders, and decisions.