ORS 438.010: Definitions for ORS 438.010 to 438.450.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in ORS 438.010 to 438.450, unless the context requires otherwise: (1) “Authority” means the Oregon Health Authority. (2) “Certificate” means a certificate issued by the authority or the federal government to a clinical laboratory in accordance with the Clinical Laboratory Improvement Amendments of 1988 (P.L. 100-578, 42 U.S.C. 201 and 263a). (3) “Clinical laboratory” or “laboratory” means a facility where the microbiological, serological, chemical, hematological, immunohematological, immunological, toxicological, cytogenetical, exfoliative cytological, histological, pathological or other examinations are performed on materials derived from the human body, for the purpose of diagnosis, prevention of disease or treatment of patients by physicians, dentists and other persons who are authorized by license to diagnose or treat humans. (4) “Custody chain” means the handling of specimens in a way that supports legal testimony to prove that the sample integrity and identification of the sample have not been violated, as well as the documentation describing those procedures from specimen collection to the final report. (5) “Dentist” means a person licensed to practice dentistry by the Oregon Board of Dentistry. (6) “Health screen testing” means tests performed for the purpose of identifying health risks, providing health information and referring the person being tested to medical care. (7) “Operator of a substances of abuse on-site screening facility” or “operator” means the person who plans, organizes, directs and participates in any or all of the technical and administrative operations of a substances of abuse on-site screening facility. (8) “Physician” means a person licensed to practice medicine by the Oregon Medical Board. (9) “Specimen” means materials derived from a human being or body. (10) “Substances of abuse” means ethanol, cannabis and controlled substances. (11) “Substances of abuse on-site screening facility” or “on-site facility” means a location where on-site tests are performed on specimens for the purpose of screening for the detection of substances of abuse. (12) “Substances of abuse on-site screening test” or “on-site test” means a substances of abuse test that is easily portable and can meet the requirements of the federal Food and Drug Administration for commercial distribution or an alcohol screening test that meets the requirements of the United States Department of Transportation National Highway Traffic Safety Administration for conforming products. [1969 c.685 §2; 1989 c.776 §1; 1993 c.109 §3; 1997 c.355 §1; 1999 c.739 §1; 2001 c.104 §168; 2001 c.900 §255; 2009 c.595 §698; 2017 c.21 §62; 2019 c.358 §13; 2024 c.73 §89; 2025 c.624 §26]
Administrative rules citing this section
- OAR 333-024-0010: Definitions — implements
- OAR 333-024-0045: Venereal Disease Testing — implements
- OAR 333-024-0370: Health Screen Testing: Purpose — authority
- OAR 333-024-0375: Health Screen Testing: Definitions — implements
- OAR 333-024-0375: Health Screen Testing: Definitions — authority
- OAR 333-024-0380: Health Screen Testing: Permits — implements
- OAR 333-024-0380: Health Screen Testing: Permits — authority
- OAR 333-024-0385: Health Screen Testing: Testing Site Schedule — authority
- OAR 333-024-0390: Health Screen Testing: Personnel Qualifications and Responsibilities — authority
- OAR 333-024-0395: Health Screen Testing: Tests Performed — authority
- OAR 333-024-0400: Health Screen Testing: Quality Assurance — authority
This rule cites
- ORS 438.010 — resolved
- 438.450 — resolved
Cited by
- ORS 192.556: Definitions for ORS 192.553 to 192.581.
- ORS 433.060: Definitions for ORS 433.060 to 433.080.
- ORS 433.407: Definitions for ORS 433.407 to 433.423.
- ORS 433.443: Authority of Public Health Director during public health emergency; penalties; access to and use of individually identifiable health information; rules.
- ORS 438.160: Revocation, suspension, refusal to issue or renew certificates or permits.
- ORS 438.430: Examination of specimens; reports and results.
- ORS 438.440: Disposition of fees.
- ORS 438.450: Rules.
- ORS 438.705: Definitions for ORS 438.705 to 438.720 and 438.994.
- ORS 746.600: Definitions for ORS 746.600 to 746.690.
- OAR 105-050-0004: Drug Testing of Final Applicants for Certain State Classifications/Positions
- OAR 333-022-0300: Occupational and Health Care Setting Exposures: Procedures for Requesting a Source Person Consent to an HIV Test Following an Occupational Exposure
- OAR 333-022-0310: Occupational and Health Care Setting Exposures: Substantial Exposure While Being Administered Health Care
- OAR 333-024-0370: Health Screen Testing: Purpose
- OAR 333-081-0005: Definitions
- OAR 333-520-0030: Laboratory Services
- OAR 409-030-0130: Health Professional Disciplines
- OAR 409-030-0210: Drug Testing for Substance Abuse and Misuse
- OAR 855-041-1190: Operation of a Laboratory in Drug Outlet Pharmacy
- OAR 855-115-0310: Services: Laboratory
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors438.html