ORS 433.441: Declaration of public health emergency.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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 to 433.452 to protect the public health. (2) A declaration 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 declaration; (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 declared public health emergency, the Governor may: (a) Close, order the evacuation of or order 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, 401.185, 401.188 and 401.192. (4) Nothing in ORS 433.441 to 433.452 limits the authority of the Governor to declare a state of emergency under ORS 401.165. If a state of emergency is declared as authorized under ORS 401.165, the Governor may implement any action authorized by ORS 433.441 to 433.452. (5) A declaration 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 declared unless the Governor expressly extends the declaration 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; 2021 c.539 §88h]
Administrative rules citing this section
- OAR 333-003-0010: Definitions — implements
- OAR 333-003-0065: Civil Penalties — implements
- OAR 333-003-0070: Temporary Restriction of Movement — implements
- OAR 333-003-0080: Effect of Declaration Ending — implements
- OAR 333-024-1000: Newborn Screening: Purpose — implements
- OAR 333-024-1000: Newborn Screening: Purpose — authority
- OAR 333-024-1010: Newborn Screening: Definitions — implements
- OAR 333-024-1010: Newborn Screening: Definitions — authority
- OAR 333-024-1030: Newborn Screening: Timing for Collecting Specimens — implements
- OAR 333-024-1030: Newborn Screening: Timing for Collecting Specimens — authority
- OAR 333-024-1040: Newborn Screening: Manner of Collecting and Submitting Specimens — implements
- OAR 333-024-1040: Newborn Screening: Manner of Collecting and Submitting Specimens — authority
- OAR 333-024-1050: Newborn Screening: Religious or Philosophical Exemption from Newborn Testing — implements
- OAR 333-024-1050: Newborn Screening: Religious or Philosophical Exemption from Newborn Testing — authority
- OAR 333-024-1070: Newborn Screening: The Newborn Bloodspot Screening Panel of Tests — implements
- OAR 333-024-1070: Newborn Screening: The Newborn Bloodspot Screening Panel of Tests — authority
- OAR 333-024-1080: Newborn Screening: Result Reporting and Follow-up — implements
- OAR 333-024-1080: Newborn Screening: Result Reporting and Follow-up — authority
- OAR 333-024-1090: Newborn Screening: Use, Release and Retention of Residual Specimens — implements
- OAR 333-024-1090: Newborn Screening: Use, Release and Retention of Residual Specimens — authority
- OAR 855-007-0080: Emergency Immunization and Drug Distribution — authority
This rule cites
- ORS 433.441 — resolved
- 433.452 — resolved
- ORS chapter 689 — target_record_not_published
- ORS 401.168 — resolved
- 401.185 — resolved
- 401.188 — resolved
- 401.192 — resolved
- ORS 401.165 — resolved
Cited by
- ORS 1.002: Supreme Court; Chief Justice as administrative head of judicial department; rules; presiding judges as administrative heads of courts.
- ORS 30.269: Limitations on awards under Oregon Tort Claims Act generally.
- ORS 133.060: Cited person to appear before magistrate; failure to appear; appearance during statewide emergency.
- ORS 343.331: Exemptions from applicability of abbreviated school day program requirements.
- ORS 352.105: Mandatory incidental fees; resolution of disputes.
- ORS 401.364: Coverage under Oregon Tort Claims Act.
- ORS 401.368: Workers’ compensation benefits.
- ORS 401.655: Practice by out-of-state health care provider during emergency.
- ORS 401.656: Provision of health care services by members of Oregon National Guard during emergency.
- ORS 401.657: Emergency health care centers; emergency operations plan; credentialing plan; rules.
- ORS 401.658: Provision of health care services by former health care provider during emergency; rules.
- ORS 401.661: Provision of services by registered volunteers.
- ORS 401.667: Coverage under Oregon Tort Claims Act.
- ORS 433.035: Testing or examination of persons with certain diseases or conditions; order for medication or treatment.
- ORS 433.442: Definitions for ORS 433.441 to 433.452.
- ORS 433.443: Authority of Public Health Director during public health emergency; penalties; access to and use of individually identifiable health information; rules.
- ORS 433.448: Use of immunization registry and tracking and recall system during state of public health emergency.
- ORS 433.452: Detaining persons exposed to reportable condition or condition that is basis for state of public health emergency.
- ORS 441.769: Modification of nurse staffing plan in case of emergency or epidemic.
- ORS 471.311: Application for license; rules; fees.
- ORS 652.210: Definitions for ORS 652.210 to 652.235.
- ORS 676.722: Waiver of maximum rates; emergency waiver of maximum rates; rules.
- ORS 688.650: Qualifications for certification; temporary or provisional certificates; certificate by reciprocity; continuing education; certificate expiration; rules.
- ORS 689.645: Vaccines, patient care services, drugs and devices; formulary; rules.
- OAR 309-106-0010: Patients’ Rights to Visitation and Exceptions
- OAR 333-003-0020: Authority of the Public Health Director During a Public Health Emergency
- OAR 333-003-0070: Temporary Restriction of Movement
- OAR 333-003-0105: Volunteer Registry: Definitions
- OAR 333-003-0116: Volunteer Registry: Out-of-State Health Care Providers
- OAR 333-003-0210: Volunteer Registry and Volunteers: Liability Protection; Workers' Compensation
- OAR 333-014-0580: Local Public Health Authority Governance
- OAR 333-265-0058: Emergency Initial Provisional License
- OAR 333-275-0010: Definitions
- OAR 409-039-0050: Waivers to Charge More than the Maximum Bill Rates
- OAR 410-121-0185: Pharmacy Based Immunization Delivery
- OAR 471-030-0071: Benefit eligibility during a declared emergency
- OAR 847-003-0100: Declared Emergency — Delegation of Authority
- OAR 852-010-0026: Public Health Emergency or State of Emergency temporary license
- OAR 855-007-0010: Declaration of Emergency
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors433.html