2017 ORS 431.413¹
Powers and duties of local public health authorities

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

(a) Administer and enforce 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 any other public health law of this state;

(b) Adopt and update as necessary a local public health modernization assessment;

(c) In consideration of the local public health modernization assessment, adopt, implement, monitor, evaluate and modify as necessary a local public health modernization plan that includes:

(A) A plan for applying the foundational capabilities established under ORS 431.131 (Foundational capabilities) and implementing the foundational programs established under ORS 431.141 (Foundational programs) as required by ORS 431.417 (Distribution of moneys to local public health authorities); and

(B) Any other local public health program or activity that the local public health authority considers necessary to protect the public health and safety;

(d) Coordinate with coordinated care organizations as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414) and Early Learning Hubs as defined in ORS 417.827 (Early Learning Hubs);

(e) Impose civil penalties adopted under ORS 431.415 (Duties of governing bodies of local public health authorities) (1)(c) and enforce the ordinances and rules adopted under ORS 431.415 (Duties of governing bodies of local public health authorities) (1)(b); and

(f) Perform any other duty imposed on local public health authorities by law.

(2) A local public health authority may perform the duties described in subsection (1) of this section:

(a) As an individual county, even if the local public health authority is a health district formed under ORS 431.443 (Formation of health districts) or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (Authority of local governments to make intergovernmental agreement) (5);

(b) Jointly with any other county pursuant to an agreement between the counties, for any individual public health program or activity; or

(c) As a health district formed under ORS 431.443 (Formation of health districts) or an intergovernmental entity that provides public health services pursuant to an agreement entered into under ORS 190.010 (Authority of local governments to make intergovernmental agreement) (5).

(3) A local public health authority may contract with a person to perform a public health service or activity, or to perform all public health services and activities, that the local public health authority is required to perform 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 under any other public health law of this state, except that the person with whom the local public health authority contracts may not perform any function, duty or power of the local public health authority related to governance. [Formerly 431.416]

(formerly 431.416)

Notes of Decisions

This sec­tion authorizes activities necessary for public health except when those activities violate ORS 260.432 (Solicitation of public employees). Burt v. Blumenauer, 65 Or App 399, 672 P2d 51 (1983), aff’d 299 Or 55, 699 P2d 168 (1985)

1 Legislative Counsel Committee, CHAPTER 431—State and Local Administration and Enforcement of Public Health Laws, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors431.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 431, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano431.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.