2017 ORS 433.441¹
Proclamation of public health emergency

(1) Upon the occurrence of a public health emergency, the Governor may declare a state of public health emergency as authorized by ORS 433.441 (Proclamation of public health emergency) to 433.452 (Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency) to protect the public health.

(2) A proclamation of a state of public health emergency must specify:

(a) The nature of the public health emergency;

(b) The political subdivision or geographic area subject to the proclamation;

(c) The conditions that have brought about the public health emergency; and

(d) The duration of the state of public health emergency, if the duration is less than 14 days.

(3) During a public health emergency, the Governor may:

(a) Close, order the evacuation of or the decontamination of any facility the Governor has reasonable cause to believe may endanger the public health.

(b) Regulate or restrict by any means necessary the use, sale or distribution of food, fuel, medical supplies, medicines or other goods and services.

(c) Prescribe modes of transportation, routes and destinations required for the evacuation of individuals or the provision of emergency services.

(d) Control or limit entry into, exit from, movement within and the occupancy of premises in any public area subject to or threatened by a public health emergency if such actions are reasonable and necessary to respond to the public health emergency.

(e) Authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older.

(f) Take any other action that may be necessary for the management of resources, or to protect the public during a public health emergency, including any actions authorized under ORS 401.168 (Governor’s powers during state of emergency), 401.185 (Providing temporary housing during emergency), 401.188 (Management of resources during emergency) and 401.192 (Effect of rules and orders during emergency).

(4) Nothing in ORS 433.441 (Proclamation of public health emergency) to 433.452 (Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency) limits the authority of the Governor to declare a state of emergency under ORS 401.165 (Declaration of state of emergency). If a state of emergency is declared as authorized under ORS 401.165 (Declaration of state of emergency), the Governor may implement any action authorized by ORS 433.441 (Proclamation of public health emergency) to 433.452 (Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency).

(5) A proclamation of a state of public health emergency expires when terminated by a declaration of the Governor or no more than 14 days after the date the public health emergency is proclaimed unless the Governor expressly extends the proclamation for an additional 14-day period.

(6) When real or personal property is taken under power granted by this section, the owner of the property shall be entitled to reasonable compensation from the state. [2003 c.555 §1; 2007 c.445 §23; 2013 c.332 §3]

Law Review Cita­tions

51 OLR 495, 504-508 (1972)

1 Legislative Counsel Committee, CHAPTER 433—Disease and Condition Control; Mass Gatherings; Indoor Air, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors433.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 433, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano433.­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.