OAR 333-014-0590: Request to Transfer Local Public Health Authority

(1) If the Authority does not receive state monies in an amount that equals or exceeds the estimate that the Authority submitted to the Legislative Fiscal Office under ORS 431.380(2), the governing body of the county in which a local public health authority operates or the governing body of a local public health authority may adopt an ordinance or resolution transferring to the Authority the responsibility for fulfilling the local public health authority’s duties under ORS 431.001 to 431.550 and 431.990 and the other public health laws of this state. The ordinance or resolution must specify the disparity in moneys received as described in this section. (2) An ordinance or resolution adopted under section (1) of this rule must transfer all local public health authority duties under ORS 431.001 to 431.550 and 431.990 and under other public health laws of this state. (3) Within two business days from the date the ordinance or resolution was adopted under section (1) of this rule, the local public health authority must inform the state Public Health Director in writing and provide a copy of the ordinance or resolution. (4) The transfer of duties from a local public health authority to the Authority takes effect no sooner than 180 days after the date the ordinance or resolution was adopted, unless the Authority agrees to an earlier effective date. (5) A local public health authority must continue to comply, until the date of transfer, with any contract or agreement it has with the Authority that concerns any of the services or activities required by a local public health authority under these rules or under any other public health law of this state including but not limited to the FAA, or other agreements, unless: (a) The Authority authorizes a termination of a contract or agreement at an earlier date; or (b) The contract or agreement is terminated in accordance with the terms of the contract or agreement. (6) The local public health authority must provide notice to the Authority, in accordance with the termination provisions of any contract or agreement for local public health services or activities prior to the final transfer of responsibility from the local public health authority to the Authority. (7) Nothing in this rule is intended to require the Authority to: (a) Provide funding for public health services or activities within the jurisdiction that transferred its local public health authority at the same level that had been previously provided to the local public health authority prior to the transfer of responsibilities to the Authority. (b) Terminate any contract or agreement that is in place for the provision of local public health services or activities within the local public health authority’s jurisdiction before the agreed upon term of the contract or agreement. (c) Establish an office or facilities for the provision of local public health services or activities within the jurisdiction of the body that transferred local public health authority.