The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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OREGON HEALTH AUTHORITY,

PUBLIC HEALTH DIVISION

 

DIVISION 12
PROCEDURAL RULES


Performance of the Authority, Responsibilities, and Functions of the Administrator of the Public Health Division

Relating to Traveler's Accommodations, Recreation Parks, Organizational Camps, Swimming Pools,

Bath Houses, Food Service Facilities, Mobile Units, and Vending Machines

333-012-0050
General Rules Applicable to All Programs
(1) The purpose
of these rules is to establish standards under which local public health authorities
shall provide environmental health services to establishments and facilities licensed
under ORS chapters 446, 448 and 624.
(2) Definitions:
(a) "Administrative
Costs" means those costs that are over the direct costs of providing delegated program
services. These include actual departmental, agency or central government charges
such as, but not limited to, accounting, purchasing, human resources, data management,
legal council and central mail functions;
(b) "Administrator"
means the assistant director for the Public Health Division of the Authority or
an authorized representative;
(c) “Authority”
means the Oregon Health Authority.
(d) "Complete
Inspection" means the evaluation of a licensed establishment or facility conducted
at the election of the local public health authority for compliance with all applicable
regulations;
(e) "Consultation
Services Remittance" means the biennial assessment of the Authority for consultation
services and maintenance of the Foodborne Illness Prevention, Public Swimming Pool
and Tourist Facility Programs;
(f) "Direct
Costs" mean those costs for salaries and benefits of field and support staff and
their associated costs including, but not limited to, rent, vehicles and travel,
equipment, data management, training, phone, office supplies and the pro-rated portion
of direct costs relating to supervision;
(g) "Fiscal
Audit" means a comprehensive audit using standard audit procedures of the financial
records of the local public health authority related to licenses and fees;
(h) "Local
Public Health Authority" means county governments or health districts established
under ORS 431.414 that are responsible for management of local public health services;
(i) "Recheck
Inspection" means an inspection to determine whether specified corrections have
been made or alternative procedures maintained for violations identified in previous
inspections. In food service establishments, a recheck inspection also means an
inspection to determine whether specific corrections have been maintained for violations
creating a significantly increased risk for foodborne illness. Recheck inspections
may be conducted either on pre-announced dates or unannounced.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: HD
105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert.
ef. 4-1-94; HD 16-1995, f. 12-28-95, cert. ef. 1-1-96; HD 4-1996, f. & cert.
ef. 9-17-96; PH 13-2004, f. & cert. ef. 4-9-04; PH 5-2011(Temp), f. & cert.
ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 12-2012, f.
8-30-12, cert. ef. 9-4-12
333-012-0053
Licensing
and Fees
(1) License applications
and licenses issued must be on forms provided or approved by the Authority.
(2) The Local
Public Health Authority must establish a single license fee per establishment or
facility type. There may not be added fees based on local determination of unique
features of an establishment or facility.
(3) Licensing
categories must be based upon those specified in ORS 446.310, 448.035 and 624.490.
The Local Public Health Authority may not create additional licensing categories.
(4)(a) Annual
work hours available for a dedicated full time equivalent (FTE) for field staff
in the food service program based on a 40-hour week is 1640 hours, of which 25 percent
is allocated for office and administrative duties and consultation, and 75 percent
is for field inspection activities;
(b) Standards
for complete inspection functions, on average, including travel time, relative to
facility size are as follows:
(A) 0–15
seats, 1-1/2 hours;
(B) 16–50
seats, 1-3/4 hours;
(C) 51–150
seats, 2 hours;
(D) Over
150 seats, 2-1/2 hours.
(c) An average
recheck inspection rate of 40 percent with an average priority or priority foundation
item recheck inspection taking 45 minutes including travel.
(5) The following
standards are established to reflect the levels of effort and resources needed to
carry out the delegated functions and provisions of ORS chapter 624:
(a) Workload
indicators established in section (4) of this rule must be used to determine staffing
levels budgeted for field inspection activities;
(b) Administrative
costs must be limited to 15 percent of direct costs;
(c) A ratio
of up to 0.35 FTE for clerical support and up to 0.25 FTE for supervision to field
staff FTE respectively, must be observed;
(d) Charges
for services and supplies may not exceed a ratio of 0.25 of personnel salary for
direct program costs;
(e) In lieu
of the administrative standards outlined in this rule, the Local Public Health Authority
may determine staffing standards and actual costs of providing program services.
The Local Public Health Authority must document and report to the Authority actual
time spent and expenses incurred and may be subject to a fiscal audit as specified
in OAR 333-012-0070(3).
(6) The Local
Public Health Authority may:
(a) Adopt
a fee schedule for facilities that require more than two recheck inspections per
year;
(b) Adopt
a fee schedule for seasonal temporary restaurants and intermittent temporary restaurants
that require a recheck inspection;
(c) Set a
fee for costs associated with conducting an operational review in accordance with
guidelines established by the Authority.
(d) Set a
fee for costs associated with plan review conducted under guidelines established
by the Authority;
(e) Set a
reinstatement fee for late license reinstatement;
(f) Recover
the cost of the extra inspections required under OAR 333-157-0027, Increased Inspection
Schedule, by charging a fee of up to one-half of the annual licensing fee otherwise
assessable to the restaurant for each additional inspection; and
(g) Pro-rate
fees for partial year operation as follows:
(A) From
January 1 through September 30, a full license fee is required;
(B) From
October through December 31, one-half the annual fee must be assessed.
(7) A license
may be issued only after the Local Public Health Authority has received the fee
and determined that the facility meets the requirements of the statutes and rules.
(8) If license
fees assessed by the Local Public Health Authority are more than 20 percent above
or below the fees established in ORS 624.490, the Local Public Health Authority
must document and report to the Authority actual time spent and expenses incurred
on program services and may be subject to a fiscal audit as specified in OAR 333-012-0070(3).
(9) All license
fees collected by the Local Public Health Authority pursuant to ORS 446.425, 448.100
and 624.510 must be paid into the county treasury and placed in a special revenue
fund or the general fund of the county treasury and placed to the credit of the
Local Public Health Authority. Such monies must be used only for program services
pursuant to ORS 446.425, 448.100 and 624.510. The Local Public Health Authority
must assure on an annual basis that all fees collected are used solely for the purposes
of administering the programs as described in this section.
(10) If the
Local Public Health Authority requests a fiscal audit required in OAR 333-012-0070(3)
be conducted by a private auditing agency, the Local Public Health Authority must
pay the costs and a copy of audit report must be provided to the Authority.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: PH
13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH
3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12
333-012-0055
Inspection
Standards
(1) All licensed
establishments and facilities, except bed and breakfast facilities, travelers' accommodations,
hostels and temporary restaurants, must receive a minimum of one complete inspection
for every six months of operation or fraction thereof by the Local Public Health
Authority. For vending machines, the Local Public Health Authority shall evaluate
at least 10 percent of each licensee's machines during each inspection:
(a) Bed and
breakfast facilities must be inspected once per year;
(b) Travelers'
accommodations and hostels must be inspected on a schedule in accordance with local
public health priorities and with consideration of the following criteria:
(A) Complaints
received from a guest at a particular facility;
(B) A history
of rule violations;
(C) A request
for inspection or consultation from a licensee;
(D) Reports
of illness or accidents associated with the facility;
(E) Change
of owner or operator;
(F) The facility's
method of sewage disposal, source of water and availability of local fire protection
services;
(G) Length
of time since the last inspection of the facility;
(H) A minimum
of one inspection every two years is recommended.
(c)(A) Single-event,
seasonal and intermittent temporary restaurants must receive a minimum of one inspection
during operation for each license issued;
(B) Notwithstanding
paragraph (1)(c)(A) of this rule benevolent single-event temporary restaurants may
receive an inspection or a consultation in lieu of an inspection, as determined
by the Local Public Health Authority.
(2) The Local
Public Health Authority may substitute an alternative inspection procedure or intervention
once per year in place of an inspection using alternative criteria approved by the
Authority.
(3) The Local
Public Health Authority must:
(a) Implement
an increased inspection schedule for restaurants as described in OAR 333-157-0027.
Up to two of the quarterly inspections may be based upon a menu review consultation,
an announced inspection, a risk control plan or other method approved by the Authority;
(b) Conduct
a pre-operational or construction inspection after plan review and prior to operation
of a new, remodeled, converted, renovated or altered establishment or facility.
The pre-operational inspection is in addition to the requirement for a complete
inspection in section (1) of this rule;
(c) Conduct
a complete inspection to assign a public notice of sanitation within 45 days after
opening for a restaurant or bed and breakfast facility. This inspection counts toward
one of the inspections required in section (1) of this rule;
(d) Completely
fill out inspection reports and include at least the following information:
(A) Specific
problem and correction statements for all violations, including Oregon Administrative
Rule references;
(B) Except
in the food service programs, specify time limits for all corrections stated;
(C) Food
Service — Document inspections as specified in OAR chapter 333, division 157,
Inspection and Licensing Procedures. In addition, the Local Public Health Authority
must indicate on the inspection report how a priority and priority foundation item
violation has been corrected during complete and recheck inspections; and
(D) Public
Swimming Pools — Document pH, free residual chlorine, total chlorine, total
alkalinity, total hardness, cyanuric acid (if used), water clarity (recorded as
acceptable or unacceptable), water temperature, pressure and vacuum gauge readings
and flow rate as measured by flow meter.
(e) Conduct
recheck inspections of establishments and facilities to determine if timely corrective
action has been taken on noted priority or priority foundation item violations or
public health hazards;
(f) At a
minimum, furnish each environmental health specialist with the following equipment
or materials to conduct inspections:
(A) Temperature
measuring devices, flashlight, inspection forms and computer inspection equipment,
identification and business cards, rules, stickers and forms;
(B) Food
Service — Sanitizing swabs, test strips for chlorine and quaternary ammonium;
(C) Public
Swimming Pools — Current state-approved pool test kit and a 25-foot tape measure
or equivalent device with the ability to accurately measure distance and depth;
and
(D) Food
and waterborne illness investigation materials, specified in guidelines provided
by the Authority, and a light meter for staff to share.
(g) Maintain
and update the Food Program Policy Manual as well as other information required
by the Authority; and
(h) Upon
request, provide technical information and consultation to the public and those
holding permits and licenses.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: HD
105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert.
ef. 4-1-94; HD 14-1995, f. 12-28-95, cert. ef. 1-1-96; PH 13-2004, f. & cert.
ef. 4-9-04; PH 3-2012, f. 2-29-12, cert. ef. 3-1-12; PH 12-2012, f. 8-30-12, cert.
ef. 9-4-12
333-012-0057
Consultation Services Remittance
(1) Food Service
— On behalf of the Authority, the Local Public Health Authority must collect
fees from food service establishments and remit to the Authority the monies necessary
to maintain the Foodborne Illness Prevention Program. The Local Public Health Authority
must keep the remainder to cover administration and enforcement costs.
(a) The Authority
must consult with representatives of local health officials in determining the amount
to be remitted by each Local Public Health Authority to support the state Foodborne
Illness Prevention Program;
(b) The consultation
must occur no later than April of each legislative year in order to determine the
amount required to be remitted to the Authority in the following biennium;
(c) The consultation
must consider program expenditures, the program workplan and other activities, and
current food service establishment inventories to determine the amount of the remittance;
(d) For the
purposes of this rule, food service establishments are considered to be full and
limited service restaurants, bed and breakfast facilities, mobile food units, commissaries
and warehouses;
(e) The remittance
amount must be determined by first projecting statewide food service license revenue
for the biennium using state marker fees. Then, the biennial budget of the Foodborne
Illness Prevention Program is divided by the revenue projection to yield a percentage
factor. Each Local Public Health Authority's revenue projection for food service
facilities, using state marker fees, is then multiplied by that factor to yield
the remittance amount;
(f) The Foodborne
Illness Prevention Program budget must be developed after consultation with groups
representing local health officials pursuant to ORS 624.510. The cost to the Local
Public Health Authority of the Foodborne Illness Prevention Program shall be represented
in the annual Intergovernmental Agreement.
(g) The Local
Public Health Authority must provide to the Authority a quarterly remittance based
on the total biennial assessment. Fifty percent of the assessment is payable each
year unless otherwise negotiated with the Authority. The annual amount remitted
by the Local Public Health Authority in the first year of the biennium may not be
less than 35 percent of the total biennial amount. Each Local Public Health Authority
must provide a statement identifying the proposed timetable and schedule for remittance;
(h) In April
of even-numbered years, the Authority must recalculate the assigned assessment for
the second year of the biennium, based on updated facility counts and program expenditures
and provide the Local Public Health Authority with a revised assessment for the
second year of the biennium;
(i) All assessments
may not be represented as a surcharge or added charge.
(2) Public
Swimming Pools — The Authority must consult with representatives of local
health officials and industry in determining the amount to be remitted by each Local
Public Health Authority that has accepted delegation for the Public Swimming, Spa
and Wading Pool Programs for the purposes of supporting the statewide consultation
and program services costs:
(a) The consultation
must occur no later than April of each legislative year in order to determine the
amount required to be remitted to the Authority in the following biennium;
(b) The consultation
must consider program expenditures and current public swimming pool, public spa
pool and public wading pool facility inventories while determining the amount of
the remittance;
(c) The county
shall remit, on a quarterly basis, a portion of the fee for each license issued
in that quarter;
(d) All assessments
may not be represented as a surcharge or added charge.
(3) Tourist
Facilities — Each quarter, the Local Public Health Authority must remit 15
percent of the state licensing fee or 15 percent of the Local Public Health Authority
license fee, whichever is less, to the Authority for consultation services and maintenance
of the statewide program for facilities licensed under ORS 446.425. All assessments
may not be represented as a surcharge or added charge
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: HD
12-1995, f. 12-28-95, cert. ef. 1-1-96; PH 13-2004, f. & cert. ef. 4-9-04; PH
12-2012, f. 8-30-12, cert. ef. 9-4-12
333-012-0060
Staffing
and Training
(1) The Local Public
Health Authority must provide the staff, facilities, materials and equipment necessary
to comply with these rules.
(2) Inspections
must be conducted by staff that are registered as required by ORS chapter 700.
(3) Each
Local Public Health Authority must:
(a) Require
at least one environmental health specialist engaged in the food, tourist facility
and public swimming pool programs to attend annual Authority sponsored or approved
training in all three program areas;
(b) Within
one year of hiring, send all environmental health specialists to an orientation
provided by the Authority. This requirement does not apply to staff that have previously
attended the training while employed in another jurisdiction;
(c) Maintain
at least one environmental health specialist on staff or through contract that has
a current certification from the Authority as a food service standardization officer.
(A) New employees
must be certified within 18 months of employment or within 18 months after becoming
registered as an environmental health specialist as required in section (2) of this
rule;
(B) Notwithstanding
the time limits specified in paragraph (3)(c)(A) of this rule, the Local Public
Health Authority may develop a training plan approved by the Authority that allows
for a longer time limit to comply with the certification requirement in subsection
(c) of this section.
(d) Maintain
at least one environmental health specialist on staff or through contract that has
successfully completed a NSPF Certified Pool Operator course or equivalent approved
by the Authority within 24 months of employment. The Authority may waive this requirement
upon request.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: HD
105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 15-1980(Temp), f.
& ef. 12-29-80; HD 5-1985, f. & ef. 4-25-85; HD 9-1994, f. & cert. ef.
4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef.
9-4-12
333-012-0061
Food Handler
Training
The Local Public
Health Authority must ensure the provision of a food handler training program using
minimum criteria developed by the Authority. The Local Public Health Authority must
secure Authority approval before deviating from the criteria of the training program
for food handlers, and must document in a manner satisfactory to the Authority the
training methods used for food handler training.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: PH
13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert. ef. 7-1-06; PH
12-2012, f. 8-30-12, cert. ef. 9-4-12
333-012-0063
Record Keeping
and Reporting
The Local Public
Health Authority must:
(1) Maintain
records of all administrative matters delegated under ORS 446.425, 448.100 or 624.510,
including a record of the hearing, the time, date, place and copies of the complaint,
all intended actions, orders, and final disposition of the proceedings and retained
for at least three years.
(2) At a
minimum, maintain records according to the Secretary of State, Archives Division
rules, OAR chapter 166, of the following:
(a) Inspection
reports;
(b) Complaints
and their disposition;
(c) Communicable
disease or suspected foodborne illness investigations;
(d) Public
swimming pool accidents;
(e) License
applications and licenses issued;
(f) Food
service inspection scores;
(g) Changes
in public notice placards;
(h) Food
handler training materials;
(i) Plan
review records;
(j) Records
of all license denials, revocations, suspensions or other temporary closures; and
(k) Failed
to Comply notices posted or any other enforcement actions taken.
(3) Provide
to the Authority program information such as inspections conducted, workload indicators,
fee schedules and violation summaries on request.
(4) Respond
to surveys conducted by the Authority. Program information and surveys must be submitted
on forms or in a format as required by the Authority.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: PH
13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12
333-012-0065
Epidemiology and Accident Investigation and Reporting
The Local Public
Health Authority must:
(1) Investigate
all suspected illnesses connected with food service facilities, public swimming
pools and tourist facilities;
(2) Submit
reports of all investigations of confirmed illnesses to the Authority as required
by OAR chapter 333, division 018;
(3) Notify
the Authority of investigations expected to result in confirmed foodborne illness;
and
(4) Investigate
all reportable accidents and report the results of investigations in writing, including
copies of accident reports, to the Authority.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: HD
105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert.
ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert.
ef. 9-4-12
333-012-0067
Enforcement
Procedures
The Local Public
Health Authority must:
(1) Adopt
and comply with rules for conducting administrative hearings for permit and license
denial, suspension or revocation in accordance with the requirements of ORS chapter
183.
(2) Utilize
all administrative and legal means necessary to enforce the applicable statutes
and rules and implement policies relating to the programs and to eliminate conditions
endangering public health or safety.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: PH
13-2004, f. & cert. ef. 4-9-04; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12
333-012-0070
Minimum Standards,
Program Review and Penalties
(1)(a) The Local
Public Health Authority may request approval from the Authority to implement alternative
inspection or enforcement procedures by submitting a plan that includes expected
performance measures and outcomes. If approved, the alternative inspection or enforcement
procedures must be included in the annual Intergovernmental Agreement.
(b) The Local
Public Health Authority may adopt ordinances on applicable matters provided they
are not less stringent than the Oregon Administrative Rules adopted pursuant to
ORS chapters 183, 446, 448 and 624. Any ordinance proposed for adoption on matters
applicable to food service operators more stringent than those set forth in ORS
chapter 624 and rules adopted thereunder must be approved by the Authority and the
cost of implementing any ordinance so adopted may not be charged to license fees
adopted pursuant to ORS 624.510(2). Notwithstanding the provisions of this subsection,
when an emergency exists and delay may result in an immediate danger to public health,
Local Public Health Authorities may adopt ordinances without prior Authority approval.
This subsection does not affect ordinances that are required to be adopted as specified
in these rules.
(2) The Local
Public Health Authority is subject to a performance review by the Authority of both
office and field activities to determine compliance with these rules. A review of
each Local Public Health Authority shall be conducted at least once every three
years by the Authority. The Authority shall submit the results of the review to
the Local Public Health Authority. The field review may be conducted using an inspection
protocol approved by the Authority. The Authority may waive the requirement for
a field review.
(3) The Authority
shall conduct a triennial fiscal audit of the Local Public Health Authority and
the Authority may conduct additional fiscal audits of the Local Public Health Authority
if deemed necessary.
(4) The Local
Public Health Authority shall be surveyed by the Authority at least annually to
determine accomplishments and needs. The survey results shall guide the Authority
in providing assistance, guidance, training, consultation and support as needed.
(5) If a
performance review reveals that the Local Public Health Authority is not complying
with the provisions of these rules or the Intergovernmental Agreement, the Local
Public Health Authority shall be notified by the Authority of the areas of non-compliance.
The Local Public Health Authority must correct the deficiencies within the time
frames required and report the corrections to the Authority.
(a) If the
Authority determines that the deficiencies result in a serious human health hazard,
compliance shall be required immediately. If the Authority determines that the deficiencies
do not result in a serious human health hazard, a longer period of time may be allowed
for compliance. However, the maximum time allowed for compliance, after notice is
issued by the Authority, is as follows:
(A) Up to
90 days to correct administrative deficiencies such as, but not limited to, accounting
reports and records;
(B) Up to
180 days to correct program deficiencies such as, but not limited to, inadequate
frequency of inspections, scoring, staffing and lack of enforcement action.
(b) Notwithstanding
subsection (5)(a) of this rule, the Authority may allow a longer time frame for
compliance if deemed necessary;
(c) If the
Authority determines that the Local Public Health Authority did not use the proper
cost elements in determining the fee or that the amount of the fee is not justified,
the Authority may order the Local Public Health Authority to adjust any fee, as
soon as is possible, to a level supported by the Authority's analysis of the fee.
(6) When
a Local Public Health Authority has been notified of an emergency health hazard
and is either unwilling or unable to administer or enforce delegated standards,
the Authority may, pursuant to ORS 431.170, immediately take responsibility of the
functions and collect the monies necessary to protect public health. When the health
hazard has been resolved or is no longer an emergency, the Authority may return
authority to the Local Public Health Authority and may initiate a review to determine
if delegation is to be continued.
(7) The Authority
may deny or revoke the delegation of a program if the Local Public Health Authority:
(a) Does
not have sufficient qualified personnel to conduct the program;
(b) Has failed
to perform its delegated duties satisfactorily;
(c) Has engaged
in deceit or fraud in the conduct of the program or maintenance of its associated
records.
(8) Suspension
or rescission of a delegation must be in accordance with ORS chapter 183 relating
to contested cases.
(9) The Authority
shall immediately respond to a request by the Local Public Health Authority for
personnel or equipment during an emergency. If the Authority is unable to assist
as requested, the Authority shall immediately notify the Local Public Health Authority
and provide any possible assistance.
Stat. Auth.: ORS
446.425, 448.100 & 624.510

Stats. Implemented:
ORS 446.425, 448.100 & 624.510

Hist.: HD
105, f. & ef. 2-5-76; HD 1-1979, f. & ef. 1-18-79; HD 9-1994, f. & cert.
ef. 4-1-94; PH 13-2004, f. & cert. ef. 4-9-04; PH 14-2006, f. 6-27-06, cert.
ef. 7-1-06; PH 12-2012, f. 8-30-12, cert. ef. 9-4-12



Acquired Immunodeficiency Syndrome

333-012-0250 [Renumbered to 410-121-3000]
Infected Health
Care Providers
333-012-0280 [Renumbered to 333-022-0400]
333-012-0290 [Renumbered to 333-022-0405]
333-012-0300 [Renumbered to 333-022-0410]
333-012-0310 [Renumbered to 333-022-0415]
333-012-0320 [Renumbered to 333-022-0420]
333-012-0330 [Renumbered to 333-022-0425]
333-012-0340 [Renumbered to 333-022-0430]
333-012-0350
[Renumbered to 333-022-0435]
333-012-0360
[Renumbered to 333-022-0440]
333-012-0370
[Renumbered to 333-022-0445]
333-012-0380
[Renumbered to 333-022-0450]
333-012-0390
[Renumbered to 333-022-0455]
333-012-0400
[Renumbered to 333-022-0460]
333-012-0500
Reimbursement for Cost of Services Performed and Supplies Provided for Disposition of Unclaimed Indigent Bodies
(1) Licensed funeral service practitioners, hereafter referred to as claimants, shall submit an itemized statement of expenses for services performed and supplies provided for disposition of unclaimed indigent bodies.
(2) The itemized statement shall be accompanied by the claimants’ certification that services for which reimbursement is claimed were in accordance with stipulations in ORS 97.170(1), (3), (4) and (6).
(3) Certification will be on the Public Health Division's current Form FS 23-154 (“http://public.health.oregon.gov/Documents/indigentcostrefund.pdf”or contact 971-673-1222) or similar document which contains all the information requested on Form FS 23-154.
(4) The Public Health Division shall disburse funds to claimants monthly:
(a) Applications received between the tenth day of a month and the ninth day of the following month will constitute the total number of claims eligible for reimbursement in that month;
(b) Maximum reimbursement will be in the amount of the invoice or $650, whichever is less; and
(c) In accordance with ORS 432.312(1) and (2), the total amount of reimbursement cannot exceed the total amount of funds available and on hand at the close of the accounting period each month. Therefore, in any given month when the amount of claimants' itemized statements or a maximum of $650 per claim, whichever is less, exceeds the total amount of funds available for disbursement, the total amount of the funds on hand and available for disbursement will be distributed proportionately among all of the claimants that submitted itemized statements during that month.
(d) If funds available and on hand at the close of the accounting period exceed the total amount of claimants’ itemized statements or a maximum of $650 per claim, the remaining funds will carry forward to the next accounting period and made available for funding future claims up to the allowable maximum reimbursement.
(5) Fraudulent submission of this form will result in penalties set forth in ORS 692.180.
Stat. Auth.: ORS 97.170, 432.146 & 432.312

Stats. Implemented: ORS 97.170(1), (3), (4) & (6), 432.312(1) & (2)

Hist.: HD 14-1993(Temp), f. 10-14-93, cert. ef. 10-15-93; HD 2-1994, f. & cert. ef. 1-12-94; PH 7-2009(Temp), f. & cert. ef. 7-20-09 thru 1-15-10; Administrative correction 1-25-10; PH 1-2010, f. & cert. ef. 1-14-10


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