ORS 431.415
Duties of governing bodies of local public health authorities

  • fee schedules

(1)

Subject to the availability of funds paid pursuant to ORS 431.380 (Distribution of funds), each governing body of a local public health authority shall:

(a)

In collaboration with the local public health administrator appointed under ORS 431.418 (Local public health administrator), develop public health policies and goals for the local public health authority;

(b)

Adopt ordinances and rules necessary for the local public health authority to administer ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties), any other public health law of this state and any other public health matter not expressly preempted by a law of this state;

(c)

Adopt civil penalties for violations of ordinances and rules adopted under paragraph (b) of this subsection, provided that any civil penalty adopted under this paragraph is for an amount that does not exceed $1,000 per violation per day;

(d)

Review and make recommendations on the local public health modernization plan adopted under ORS 431.413 (Powers and duties of local public health authorities); and

(e)

Monitor the progress of the local public health authority in meeting statewide and local public health goals, including progress in applying the foundational capabilities established under ORS 431.131 (Foundational capabilities) and implementing the foundational programs established under ORS 431.141 (Foundational programs).

(2)

The governing body of a local public health authority shall adopt ordinances and rules necessary to carry out the duties of the local public health authority under subsection (1) of this section. The governing body of a local public health authority may not adopt an ordinance or rule or policy that is inconsistent with or less strict than a provision of ORS 431.001 (Findings) to 431.550 (Power of Oregon Health Authority to collect information from local public health administrators) and 431.990 (Penalties) or any other public health law of this state, or that is inconsistent with or less strict than a rule adopted 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) or any other public health law of this state.

(3)

The governing body of a local public health authority may adopt schedules of fees for public health services that are reasonably calculated to not exceed the cost of the services performed. The local health department shall charge fees in accordance with the schedule or schedules adopted. [1961 c.610 §6; 1973 c.829 §22; 1977 c.582 §27; 2009 c.595 §562; 2015 c.736 §26]

Source: Section 431.415 — Duties of governing bodies of local public health authorities; fee schedules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors431.­html.

Attorney General Opinions

Effect of county commissioners’ decision on an appeal from the decision of the county sanitarian, (1973) Vol 36, p 571; ultimate authority, as between Board of County Commissioners and County Board of Health, to reject or accept health care projects for county, (1979) Vol 39, p 633

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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