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Oregon Bulletin

March 1, 2012

Oregon Health Authority, Public Health Division, Chapter 333

Rule Caption: Revisions to the Breast and Cervical Cancer Program (BCCP) eligibility and presumptive treatment enrollment rules.

Adm. Order No.: PH 1-2012

Filed with Sec. of State: 1-17-2012

Certified to be Effective: 1-17-12

Notice Publication Date: 12-1-2011

Rules Adopted: 333-010-0197

Rules Amended: 333-010-0100, 333-010-0105, 333-010-0110, 333-010-0115, 333-010-0130

Subject: The Oregon Health Authority, Public Health Division, Office of Family Health is permanently amending and adopting administrative rules in chapter 333, division 10 pertaining to the Breast and Cervical Cancer Program (BCCP). These rule changes reflect two changes to the BCCP OARs:

 (1) Women age 39 or under displaying cervical cancer symptoms can now access screening and diagnostic services through the program.

 (2) Women who have received qualified breast and/or cervical cancer diagnoses, including certain pre-cancerous conditions, outside of BCCP but meet BCCP eligibility criteria can now receive medical assistance through the Breast and Cervical Cancer Treatment Program.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-010-0100

Description of the Breast and Cervical Cancer Program

The Breast and Cervical Cancer Program (BCCP) is a federal screening and early detection program administered by the Oregon Health Authority to provide screening and diagnostic services to eligible Oregonians statewide. The Breast and Cervical Cancer Program provides coverage for screening and diagnostic services to Oregonians with family incomes up to 250 percent of the Federal Poverty Level through a contract network of qualified providers. OAR 333-010-0100 through 333-010-0195 apply only to providers who have an approved medical services agreement to provide screening and diagnostic services through this program. The program is limited to a finite source of funds which may restrict availability of services on an annual basis.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: PH 9-2008, f. & cert. ef. 6-16-08; PH 1-2012, f. & cert. ef. 1-17-12

333-010-0105

Definitions

(1) “Ancillary provider” means a provider that performs services beyond the scope of an enrolling provider. Ancillary providers may include laboratories, imaging centers, surgeons and surgical facilities, and hospitals.

(2) “Agency number” means the administrative number assigned to the service provider by the Office of Family Health (OFH) for identification as a BCCP provider.

(3) “Approved medical services agreement” means the completed Breast and Cervical Cancer Program agreement, submitted to and approved by the Office of Family Health.

(4) “Authority” means the Oregon Health Authority.

(5) “BCCP” means the Oregon Breast and Cervical Cancer Program.

(6) “BCCP Provider Network” means the combination of all contracted BCCP providers, including enrolling and ancillary providers.

(7) “BCCTP” means the Breast and Cervical Cancer Treatment Program. ORS 414.534, 414.536.

(8) “Breast and Cervical Cancer Program” means the program that provides statewide breast and cervical cancer screening and diagnostic services to eligible clients, that is administered by the Office of Family Health within the Oregon Health Authority.

(9) “Care coordination or case management” means that a client is provided with services, results, follow-up recommendations, and active tracking of progress towards follow-up recommendations.

(10) “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988, establishes quality standards for all laboratory testing to ensure the accuracy, reliability and timeliness of patient test results, and allows for certification of clinical laboratories operating in accordance with these federal amendments.

(11) “Client” means a person of any age or gender who is enrolled in and receives screening or diagnostic services from the Breast and Cervical Cancer Program.

(12) “Enrolling provider” means a provider that enrolls a client into the Breast and Cervical Cancer Program, provides care coordination for the BCCP client and timely data submission to the BCCP.

(13) “FPL” means the federal poverty level guidelines established each year by the Department of Health and Human Services, used to determine eligibility for BCCP and other federally funded programs.

(14) “HIPAA” means the Health Insurance Portability and Accountability Act.

(15) “OFH” means the Office of Family Health, the office within the Oregon Health Authority that administers the Breast and Cervical Cancer Program.

(16) “Service provider” or “provider” means a licensed health care provider operating within a scope of practice, who is authorized by OFH to bill for breast and cervical cancer screening and diagnostic services for eligible BCCP clients.

(17) “Site number” means the administrative number assigned to the family planning service provider by OFH for identification of the geographic location of each BCCP provider.

(18) “Underinsured” means that insurance does not pay for preventive health exams that provide breast or cervical screening or diagnostic services, such as a mammogram or Pap smear, or that the deductible is $500 or more.

Stat. Auth.: ORS 413.042
Stats. Implemented: 413.042
Hist.: PH 9-2008, f. & cert. ef. 6-16-08; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 1-2012, f. & cert. ef. 1-17-12

333-010-0110

Client Eligibility

(1) In order to be eligible for the BCCP a client must meet the following BCCP eligibility criteria:

(a) Have an income based on family size that is at or below 250 percent of the Federal Poverty Level at the time of enrollment; and

(b) Reside or declare an intent to reside in Oregon; and

(c) Have no health insurance or be underinsured; and

(d) Meet one of the following criteria:

(A) Be a woman age 40 or over;

(B) Be a woman age 39 or under who is displaying symptoms that may indicate breast or cervical cancer; or

(C) Be a man of any age who is displaying symptoms that may indicate breast cancer.

(2) For a client to be eligible under paragraphs (1)(d)(B) and (C) of this rule, the BCCP program must provide authorization for services to be rendered.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: PH 9-2008, f. & cert. ef. 6-16-08; PH 1-2012, f. & cert. ef. 1-17-12

333-010-0115

Client Enrollment

(1) Clients are determined eligible on a self-declared basis, when they submit a completed and signed BCCP enrollment form at the clinic site at the time of service, except as required by Client Eligibility, OAR 333-010-0110(2).

(2) Eligibility is effective for one year unless a client justifiably needs to begin a second breast or cervical cycle, as defined in the program manual, before the end of one year. Justifications include:

(a) The presence of new symptoms; or

(b) The necessity of short-term follow-up, as defined in the program manual.

(3) If breast or cervical services are justifiably initiated again before the end of one year, then eligibility will automatically extend through the end of that cycle, even if the cycle lasts into a new year.

(4) BCCP providers must keep a signed enrollment form on file at the clinic for a minimum of four years. Clients enrolled into the program who are found ineligible will be disenrolled.

Stat. Auth.: ORS 413.042
Stats. Implemented: ORS 413.042
Hist.: PH 9-2008, f. & cert. ef. 6-16-08; PH 1-2012, f. & cert. ef. 1-17-12

333-010-0130

Standards of Care for Breast and Cervical Cancer Screening and Diagnostic Services

Participating BCCP providers must agree to provide screening and diagnostic services according to the following standards:

(1) Informed Consent. The client’s decision to participate in and consent to receive breast and cervical cancer screening and diagnostic services must be voluntary and without bias or coercion.

(a) The informed consent process, provided verbally and supplemented with written materials, must be presented in a language the client understands.

(b) Consent must be obtained from the individual client receiving screening and diagnostic services.

(2) Confidentiality. Services must be provided in a manner that respects the privacy and dignity of the individual.

(a) Providers must inform clients that services and medical records will be kept confidential.

(b) Records cannot be released without written client consent, except as required by law, or otherwise permitted by the Health Insurance Portability and Accountability Act (HIPAA).

(3) Linguistic and Cultural Competence. All services, support and other assistance must be provided in a manner that is responsive to the beliefs, interpersonal styles, attitudes, language, and behaviors of the individuals who are receiving services, and in a manner that has the greatest likelihood of ensuring their maximum participation in the program.

(a) All persons providing interpretation services must adhere to confidentiality guidelines.

(b) The provider must make interpretation services available to all clients needing or requesting such assistance at no cost to the client. The provider must notify clients in need of interpretation services of the availability of such services in accordance with the Civil Rights Act of 1964.

(c) The provider must assure the competency of language assistance provided to limited English proficiency clients by interpreters and bilingual staff. Family and friends should not be used to provide interpretation services, unless requested by the client.

(d) Provider shall make available easily understood client related materials and post signage in the languages of groups commonly encountered in the service area.

(e) All print, electronic, and audiovisual materials must be appropriate according to the client’s language and literacy level. Providers must accommodate a client’s request for alternate formats.

(4) Access to Care. Services covered by BCCP must be provided without cost to eligible clients. Providers must inform clients of the scope of services available through the program.

(a) Although not covered by BCCP, treatment and supplies for pre-cancerous, cancerous conditions, and sexually transmitted infections must be available at the site, or by referral.

(b) Clients in need of additional medical services beyond the scope of the BCCP provider network must be provided with information about available local resources.

(c) Clients with a qualifying breast or cervical cancer diagnosis, including specific pre-cancerous conditions, shall be screened to determine presumptive eligibility for the BCCTP and enrolling providers shall facilitate the application process.

(d) All services must be provided to eligible clients without regard to marital status, race, parity, disability, or sexual orientation.

(5) Clinical and Preventive Services. The scope of breast and cervical cancer screening and diagnostic services offered to clients must include:

(a) A health history, including health risk facts and personal and family medical history as it pertains to breast and cervical cancer screening.

(b) An initial physical examination that includes a breast and pelvic exam with a Pap smear.

(c) Follow-up recommendations.

(d) Care coordination to ensure that appropriate follow-up screening, diagnostic testing and care is provided, including:

(A) An explanation of the results of the physical examination and the laboratory tests; and

(B) The opportunity for questions concerning procedures, methods and results.

(6) An enrolling provider must enroll and attempt to initiate breast screening services in addition to cervical services when a client is enrolled due to cervical symptoms as described in OAR 333-010-0110. All data must be submitted to the BCCP by the enrolling provider including required information about client history, original pelvic exam and Pap smear.

(7) An enrolling provider must enroll and attempt to initiate cervical screening services in addition to breast services when a client is enrolled due to breast symptoms as described in OAR 333-010-0110 except when the client is a man. Enrolling providers must submit all data to the BCCP including required information about client history, initial clinical breast exam and mammogram.

Stat. Auth.: ORS 413.042, 414.540
Stats. Implemented: ORS 413.042, 414.534, 414.536
Hist.: PH 9-2008, f. & cert. ef. 6-16-08; PH 1-2012, f. & cert. ef. 1-17-12

333-010-0197

Presumptive Eligibility for BCCTP

(1) Any licensed health care provider who can diagnose breast or cervical cancer may presumptively enroll a client into BCCTP and refer the client to the Oregon Health Plan if she meets the presumptive eligibility criteria as described in section (2) of this rule.

(2) In order to be presumptively enrolled into BCCTP a client must meet the eligibility criteria in OAR 333-010-0110(1) and OAR 461-135-1060.

Stat. Auth.: ORS 413.042, 414.540
Stats. Implemented: ORS 414.534, 414.536
Hist.: PH 1-2012, f. & cert. ef. 1-17-12


 

Rule Caption: Implementing changes to the Oregon Indoor Clean Air Act.

Adm. Order No.: PH 2-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-1-12

Notice Publication Date: 1-1-2012

Rules Amended: 333-015-0025, 333-015-0030, 333-015-0035, 333-015-0040, 333-015-0045, 333-015-0064, 333-015-0066, 333-015-0068, 333-015-0069, 333-015-0070, 333-015-0075, 333-015-0080, 333-015-0082, 333-015-0085

Rules Repealed: 333-015-0090

Subject: The Oregon Health Authority, Public Health Division, is permanently amending chapter 333, division 15, pertaining to the Oregon Indoor Clean Air Act (ICAA). The rulemaking:

 (1) Amends and adds definitions to bring the rules into line with the amended ICAA, better effect the purpose of the statute, and/or add clarity to the rules;

 (2) Strikes sections of the rules deemed unnecessary;

 (3) Clarifies that the 10-foot rule applies consistently to accessibility ramps;

 (4) Revises procedures relating to cigar-bar and smoke-shop certification;

 (5) Closes gaps in complaint-response procedures; and

 (6) Brings the maximum penalty amount in line with the ICAA, as amended by HB 2726, passed in 2011.

Rules Coordinator: Brittany Sande—(971) 673-1291

333-015-0025

Authority and Purpose

(1) These rules are adopted pursuant to the authority granted to the Oregon Health Authority, Public Health Division, in ORS 433.835 through 433.875 and 433.990(5) concerning smokefree places of employment and public places.

(2) The purpose of the Oregon Indoor Clean Air Act is to reduce the health hazard caused to persons by inhaling smoke from tobacco products.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 -433.875, 433.990(5)
Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0030

Definitions

For purposes of OAR chapter 333, division 15, the following definitions shall apply:

(1) “Accessibility ramp” means a ramp intended to provide access for people with disabilities to and from an entrance or exit.

(2) “Act” means the Oregon Indoor Clean Air Act as it appears in ORS 433.835 through 433.875 and 433.990(5).

(3) “Authority” means the Oregon Health Authority.

(4) “Certificate holder” means the individual or entity on record with the Oregon Health Authority as the owner of a certified cigar bar or smoke shop.

(5) “Cigar bar” means a business that:

(a) Has on-site sales of cigars as defined in ORS 323.500;

(b) Has a humidor on the premises;

(c) Allows the smoking of cigars on the premises but prohibits the smoking of all other tobacco products in any form, including, but not limited to, loose tobacco, pipe tobacco, cigarettes as defined in ORS 323.010, and cigarillos as defined by OAR 333-015-0030(6);

(d) Has been issued and operates under a full on-premises sales license issued under ORS 471.175;

(e) Prohibits persons under 21 years of age from entering the premises and posts notice of the prohibition;

(f) Does not offer video lottery games as authorized under ORS 461.217;

(g) Has a maximum seating capacity of 40 persons;

(h) Has a ventilation system that exhausts smoke from the business, and is designed and terminated in accordance with the state building code standards for the occupancy classification in use; and

(i) Requires all employees to read and sign a form approved and published by the Public Health Division that explains the dangers of exposure to secondhand smoke.

(6) “Cigarillos” means a smoking device wrapped in tobacco leaf, rather than paper, that contains less than three grams of tobacco and measures less than 100 mm in length.

(7) “Employer” means any entity or individual who engages an individual to perform work or services in an enclosed area under the employer’s control.

(8) “Enclosed area” means all space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, that extend from the floor to the ceiling.

(9) “Entity in charge of a public place” means any person or organization that has responsibility because of ownership, proprietorship, management, or oversight over a place that is open to the public. Entity in charge of a public place is used to refer only to a person or organization in charge that is not also an employer.

(10) “Entrance” means any point of ingress to an enclosed area from a non-enclosed area.

(11) “Exit” means any point of egress from an enclosed area to a non-enclosed area.

(12) “Gross revenue” means all receipts from the sale of product(s) less the amount of any rebates, refunds, or credits.

(13) “Humidor” means a storage container designed to allow controlled airflow and equipped with a device that maintains the internal humidity in the range of 68 percent to 75 percent and an internal temperature in the range of 68 degrees to 70 degrees Fahrenheit.

(14) “Local Public Health Authority” or “LPHA” means the county government, unless a health district has been formed under ORS 431.414, the county has contracted with a person or agency to act as the public health authority, or the county has relinquished its authority to the state.

(15) “Maximum seating capacity” means the total number of seats available to patrons, including, but not limited to, bar stools, seating at cocktail tables, seats at buddy-bar tables, banquette seating, dining seating, couch space, and floor pillows intended as seating; as well as the total number of patrons a business permits inside the business at the same time.

(16) “Noncommercial tobacco products” means unprocessed tobacco plants or tobacco by-products used for ceremonial or spiritual purposes by American Indians.

(17) “Place of employment” means every enclosed area under the control of a public or private employer that employees frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators, stairways, and work vehicles that are not operated exclusively by one employee. Place of employment does not include a private residence unless it is used as a child care facility as defined in ORS 657A.250 or a facility providing adult day care as defined in 410.490.

(18) “Private residence” means a residence or part of a residence that is not operated as a place of business where clients or customers use the premises. A residence that is considered a place of employment or public place is subject to ORS 433.835 through 433.875 during its hours of operation. Only that part of a residence used as a place of business is subject to ORS 433.835 through 433.875.

(19) “Public Health Director” means the director of the Public Health Division of the Oregon Health Authority.

(20) “Public Health Division” means the Public Health Division of the Oregon Health Authority.

(21) “Public place” means any enclosed area open to the public.

(22) “Rooms designated by the owner or entity in charge of a hotel or motel as rooms in which smoking is permitted” means sleeping rooms or suites in that hotel or motel.

(23) “Smoking instrument” means any cigar, cigarette, pipe, or other smoking equipment.

(24) “Smoke shop” means a business that is certified with the Authority as a smoke shop under OAR 333-015-0068.

(25) “Stand-alone business” means a business that is not attached to, does not use or occupy the same space as, is not located within, and does not share a common entryway or area with another business, another place of employment, or residential property.

(26) “Tobacco Prevention and Education Program” means the Tobacco Prevention and Education Program in the Public Health Division of the Oregon Health Authority.

(27) “Wall” means any architectural partition, permanent or temporary, with a height and length greater than its thickness, used to divide or enclose an area or to support another structure. Walls include, but are not limited to, partitions constructed of plastic, mesh or other screening materials, slats, louvered blinds, fabric, or blankets, and partitions with latticing or other open frameworks.

(28) “10 feet” means 10 linear feet, measured in a straight line between the points in question.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835
Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 18-2008, f. 11-14-08, cert. ef. 1-1-09; PH 5-2011(Temp), f. & cert. ef. 7-1-11 thru 12-27-11; PH 11-2011, f. & cert. ef. 10-27-11; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0035

General Provision

(1) No person shall smoke or carry any lighted smoking instrument in a public place except in those areas that are not required to be smokefree under ORS 433.850(2) and OAR 333-015-0035(5) and (6).

(2) Employers shall provide a place of employment that is free of tobacco smoke for all employees, except in those areas listed in ORS 433.850(2) and in OAR 333-015-0035(4), (5) and (6).

(3) No person shall smoke or carry any lighted smoking instrument within 10 feet of the following parts of public places or places of employment:

(a) Entrances;

(b) Exits;

(c) Windows that open;

(d) Ventilation intakes that serve an enclosed area;

(e) Any portion of an accessibility ramp.

(4) The owner or entity in charge of a hotel or motel may designate up to 25 percent of the sleeping rooms of the hotel or motel as rooms in which smoking is permitted.

(a) If the owner or entity in charge of a hotel or motel chooses to designate up to 25 percent of sleeping rooms as smoking permitted, all smoking rooms on the same floor must be contiguous. The status of the rooms may not be changed, except to add more non-smoking rooms.

(b) The owner or entity in charge of a hotel or motel shall provide written notice to patrons upon check-in as to the smoking status of the sleeping rooms.

(c) The owner or entity in charge of a hotel or motel shall post signs at each entrance and exit in accordance with OAR 333-015-0040, with the exception of sleeping room entrances and exits. Signs shall notify all patrons that smoking is limited to certain sleeping rooms.

(d) The owner or entity in charge of a hotel or motel shall provide written information to patrons upon check-in, describing how patrons may notify management of smoking occurring in non-smoking areas or rooms.

(e) Nothing in these rules shall prevent the owner or entity in charge of a hotel or motel from prohibiting smoking on the entire premises.

(5) Smoking of noncommercial tobacco products for ceremonial purposes is permitted in spaces designated for traditional ceremonies in accordance with the American Indian Religious Freedom Act, 42 U.S.C. 1996.

(6) The following areas are not required to be smokefree:

(a) Smoke shops that are certified by the Authority under OAR 333-015-0068;

(b) Cigar bars if:

(A) The cigar bar generated on-site retail sales of cigars of at least $5,000 for the calendar year ending December 31, 2006; and

(B) The cigar bar has provided the Public Health Division with proper documentation as required by OAR 333-015-0066.

(c) Up to 25 percent of the sleeping rooms of a hotel or motel, as designated by the owner or entity in charge. The hotel or motel must be in compliance with the rules set forth in OAR 333-015-0035(4).

(7) Nothing in these rules shall prevent an employer in charge of a place of employment or an entity in charge of a public place from designating the entire place of employment or public place as smokefree.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2010, f. & cert. ef. 1-14-10; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0040

Signs

(1) An employer or entity in charge, except in those places described in OAR 333-015-0035(5) and (6), shall post signs prohibiting smoking. Signs shall use either the “no smoking” symbol (a cigarette with a diagonal slash through it within a circle) and the words “within 10 feet,” or the words “No Smoking within 10 feet,” or both. Nothing in these rules shall prevent an employer from increasing the amount of property where smoking is prohibited beyond the 10-foot requirement or from designating the entire premises as smokefree. Signs may be used without specifically including the words “within 10 feet” if the signs specify a restriction greater than 10 feet or designate the entire premises as smokefree. Signs shall be posted prominently at each entrance and exit to the place of employment or public place.

(2) In addition to requirements under this rule, an owner or entity in charge of a hotel or motel shall comply with signage requirements as described in OAR 333-015-0035(4).

(3) An owner or entity in charge of tables or outdoor seating or dining areas within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of a public place or workplace, or any portion of an accessibility ramp shall clearly mark the tables or outdoor seating or dining areas as non-smoking with signs that use either the “no smoking” symbol (a cigarette with a diagonal slash through it within a circle), the words “No Smoking,” or both.

(4) In a cigar bar where smoking is allowed under OAR 333-015-0035(6), the employer or entity in charge shall post signs at each entrance and exit clearly stating that:

(a) Smoking is allowed on all or part of the premises; and

(b) Anyone under the age of 21 is prohibited from entering the premises.

(5) In a smoke shop where smoking is allowed under OAR 333-015-0035(6), the employer or entity in charge shall post signs at each entrance and exit clearly stating that:

(a) Smoking is allowed on all or part of the premises;

(b) Anyone under the age of 18 is prohibited from entering the premises; and

(c) Cigarette smoking is prohibited on the premises, in smoke shops where cigarette smoking is not allowed under OAR 333-015-0068(7)(d).

(6) All signs used to describe whether smoking is prohibited or allowed in a place of employment or public place shall be placed at a height and location easily seen by a person entering the establishment and shall not be obscured in any way.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 18-2008, f. 11-14-08, cert. ef. 1-1-09; PH 2-2010, f. & cert. ef. 1-14-10; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0045

Ashtrays

(1) Ashtrays and any receptacles to be used for smoking or depositing cigarette debris are prohibited within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of a public place or workplace, and any portion of an accessibility ramp.

(2) Except for those areas described in OAR 333-015-0035(6), ashtrays and any receptacles to be used for smoking or depositing cigarette debris are prohibited inside public places and places of employment.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: HD 10-1983, f. & ef. 7-1-83; OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0064

Outdoor Smoking Areas

(1) The owner or entity in charge of a place of business may establish an outdoor smoking area if that area is:

(a) Not within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or workplace, or any portion of an accessibility ramp;

(b) Not, at any time, an enclosed area as defined in OAR 333-015-0030(8); and

(c) In compliance with all other state, city, and county codes.

(2) Nothing in these rules shall prevent an employer from increasing the amount of property where smoking is prohibited beyond the 10-foot requirement or from designating the entire premises as smokefree.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0066

Cigar Bars

(1) A business must apply to the Authority for certification before allowing cigar smoking on its premises.

(2) A business must apply for certification on a form prescribed by the Authority and include the following information or documentation:

(a) A copy of the business’s full on-premises liquor sales license issued by the Oregon Liquor Control Commission under ORS 471.175;

(b) A site map of the premises that denotes maximum seating capacity and includes a detailed seating chart;

(c) A copy of the business’s certificate of occupancy and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;

(d) Using the official form provided by the Public Health Division, Tobacco Prevention and Education Program, proof that all employees have read and signed a document explaining the dangers of exposure to secondhand smoke (this form is available at www.healthoregon.org/smokefree or by calling the Tobacco Prevention and Education Program); and

(e) Documentation demonstrating to the satisfaction of the Public Health Director that the cigar bar generated on-site retail sales of cigars of at least $5,000 in the calendar year 2006.

(3) Application Review:

(a) The Authority shall review application materials within 30 days of receipt and determine whether the application is complete.

(b) Within 10 days of declaring an application complete, the Authority shall deny or grant the application. The Authority shall grant a business certification if, upon review of the application materials, the Authority finds that sufficient documentation has been provided to demonstrate compliance with section (2) of this rule. In lieu of denying an application, the Authority may request additional information from the applicant to determine compliance with section (2) of this rule.

(c) The Authority may deny an application for cigar bar certification if the Authority issued a civil penalty against an applicant for any violation of the Act or these rules within 12 months prior to application.

(d) The Authority may deny an application for cigar bar certification and prohibit an applicant from reapplying for up to two years if the applicant provides information that is false or deliberately misleading.

(4) Ongoing Requirements for Certification:

(a) If a cigar bar was certified before February 1, 2012, and has not provided the information or documentation required under section (2) of this rule, the cigar bar must furnish the missing information or documentation upon request by the Authority to remain certified.

(b) A certified cigar bar must meet the definition of a cigar bar, as defined in ORS 433.835 and OAR 333-015-0030, at all times. The Authority may revoke certification if the business no longer meets the definition of a cigar bar.

(c) A cigar bar must submit a completed form, as described in subsection (2)(d) of this rule, to the Authority by December 31 of each calendar year for every new employee hired during that year.

(5) Cigar bar certification is only valid for the business location authorized by the Authority.

(6) Certification may be revoked if a cigar bar ceases operation because it has gone out of business. The certificate holder must notify the Authority that the cigar bar is no longer in operation within 30 days of closing the business.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0068

Smoke Shops

(1) A business must apply to the Authority for certification prior to allowing smoking on the premises.

(2) A business must apply for smoke shop certification on a form prescribed by the Authority (this form is available at www.healthoregon.org/smokefree or by calling the Tobacco Prevention and Education Program).

(3) To obtain certification as a smoke shop under any part of this rule, a business must agree to allow the Authority or LPHA to make unannounced inspections of the business to determine compliance with the Act.

(4) Smoke shop certification is only valid for the business location authorized by the Authority.

(5) Certification Criteria:

(a) A business may apply for smoke shop certification by submitting the following documentation to the Authority, along with a completed application form:

(A) A notarized, sworn statement attesting that the business:

(i) Is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, and derives at least 75 percent of its gross revenue from such sales;

(ii) Prohibits persons under 18 years of age from entering the premises;

(iii) Does not offer video lottery games as authorized under ORS 461.217, social gaming, or betting on the premises;

(iv) Does not sell, offer or allow on-premises consumption of food or beverages, including alcoholic beverages;

(v) Has a maximum seating capacity of no more than four persons; and

(vi) Allows smoking only for the purpose of sampling tobacco products for making retail purchase decisions, in a manner that complies with ORS 180.486 and 431.840;

(B) Documentation of the business’s sales, broken down by category of product;

(C) Evidence, such as photographs, of signs prohibiting:

(i) Persons under 18 years of age from entering the premises, and

(ii) On-premises consumption of food and beverages;

(D) A building map and photographs of the premises demonstrating that the business is a stand-alone business;

(E) A site map of the premises that denotes maximum seating capacity and includes a detailed seating chart; and

(F) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.

(b) A business existing on December 31, 2008, may apply for certification as a smoke shop by submitting the following documentation to the Authority, along with a completed application form:

(A) Proof of registration with the Oregon Secretary of State, Corporation Division, since 2008 or, if not required to be registered, tax documentation proving that the business has been in operation since 2008;

(B) A notarized, sworn statement attesting that:

(i) On December 31, 2008, the business:

(I) Was primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, and derived at least 75 percent of its gross revenue from such sales;

(II) Prohibited persons under 18 years of age from entering the premises;

(III) Did not offer video lottery games as authorized under ORS 461.217, social gaming, or betting on the premises; and

(IV) Did not sell, offer or allow on-premises consumption of food or beverages, including alcoholic beverages; and

(ii) Presently, the business meets the criteria listed under subparagraph (5)(b)(B)(i) of this rule;

(C) Documentation of the business’s sales, broken down by category of product;

(D) Either of the following:

(i) Documentation, such as a building map or photographs, demonstrating that on December 31, 2008, the business was a stand-alone business with no other businesses or residential property attached; or

(ii) Documentation demonstrating that on December 31, 2008, it had a ventilation system that exhausted smoke from the business and was designed and terminated in accordance with the state building code standards for the occupancy classification in use. Such documentation must include either:

(I) A certificate of occupancy that was current on December 31, 2008, and official documentation from the building authority with jurisdiction of the occupancy classification for which the business was approved; or

(II) If the documentation described in (5)(b)(C)(ii)(I) of this rule is unavailable, a current certificate of occupancy, proof that the business’s ventilation system was installed in 2008 or earlier, and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;

(E) Either of the following:

(i) Documentation, such as a building map or photographs, demonstrating that the business presently is a stand-alone business with no other businesses or residential property attached; or

(ii) A current certificate of occupancy and official documentation from the building authority with jurisdiction that the business was approved as a smoking lounge;

(F) Evidence, such as photographs, of signs prohibiting:

(i) Persons under 18 years of age from entering the premises, and

(ii) On-premises consumption of food and beverages; and

(G) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.

(c) A business that filed an application with the Authority for certification as a smoke shop prior to June 30, 2011, may be certified by the Authority on or before December 31, 2012, according to the requirements of the Act as it was in effect on June 29, 2011. To achieve certification under these criteria, the business must submit the following documentation to the Authority:

(A) A notarized, sworn statement attesting that:

(i) At the time of application, the business:

(I) Was primarily engaged in the sale of tobacco products and smoking instruments, and derived at least 75 percent of its gross revenue from such sales;

(II) Prohibited persons under 18 years of age from entering the premises;

(III) Did not offer video lottery games as authorized under ORS 461.217, social gaming, or betting on the premises;

(IV) Did not sell or offer on-premises consumption of alcoholic beverages; and

(V) Was a stand-alone business with no other businesses or residential property attached to the premises; and

(ii) Presently, the business meets the criteria listed under subparagraph (5)(c)(A)(i) of this rule;

(B) Documentation of the business’s sales, broken down by category of product, including cigarette sales; and

(C) Any other documentation, as specified in the application form, necessary to demonstrate compliance with the Act or these rules.

(6) Application Review:

(a) The Authority shall review application materials within 45 days of receipt and determine whether the application is complete.

(b) Within 15 days of declaring an application complete, the Authority shall deny or grant the application. The Authority shall grant a business certification if, upon review of the application materials, the Authority finds that sufficient documentation has been provided to demonstrate the business’s compliance with this rule. In lieu of denying an application, the Authority may request additional information from the business for the purpose of assessing compliance with this rule.

(c) The Authority may deny an application for smoke shop certification if the Authority issued a civil penalty against an applicant for any violation of the Act or these rules within 12 months prior to application.

(d) The Authority may deny an application for smoke shop certification and prohibit an applicant from reapplying for up to two years if the applicant provides information that is false or deliberately misleading.

(7) Ongoing Requirements for Certification:

(a) A smoke shop certified under this rule must continue to meet the criteria for certification once certified. The Authority may revoke certification if the smoke shop ceases to meet the criteria for certification.

(b) Every year, within 30 days of the calendar date on which certification was originally granted, a smoke shop must provide the Authority with documentation demonstrating that at least 75 percent of the smoke shop’s gross revenue is derived from the sale of tobacco products or smoking instruments. Such documentation must include:

(A) A notarized, sworn statement attesting that at least 75 percent of the smoke shop’s gross revenue is derived from the sale of tobacco products or smoking instruments; and

(B) Documentation of the smoke shop’s sales broken down by category of product, including cigarette sales if the business is certified under subsection (5)(b) or (5)(c) of this rule and permits cigarette smoking on the premises.

(c) The Authority may inspect a business’s financial records to determine compliance with the Act and these rules. The Authority shall attempt to contact the business and provide at least 48 hours’ notice prior to conducting such an inspection.

(d) A smoke shop must maintain up-to-date contact information with the Authority. If the Authority is unable, despite a good-faith effort, to contact the smoke shop because the smoke shop’s mailing address, phone number, and other contact information are out of date, then the Authority may suspend the smoke shop’s certification until up-to-date contact information is provided.

(e) A smoke shop certified under subsection (5)(b) or (5)(c) of this rule may not allow cigarette smoking unless at least 75 percent of its gross revenue, as reflected in the documentation described in paragraph (7)(b)(B) of this rule, is derived from the sale of cigarettes.

(8) Renewal of Certification:

(a) A smoke shop certified under subsection (5)(b) or (5)(c) of this rule must renew its certification every five years within 30 days of the calendar date on which certification was originally granted.

(b) To renew certification, a smoke shop certified under subsection (5)(b) or (5)(c) of this rule must submit:

(A) Updated versions of the documentation required for initial certification under subsection (5)(b) or (5)(c) of this rule, respectively; and

(B) If the smoke shop allows cigarette smoking, documentation demonstrating that the smoke shop derives at least 75 percent of its gross revenue from the sale of cigarettes.

(9) Transfer of Certification with Ownership:

(a) Smoking is not permitted on the premises of a smoke shop operating under new ownership until certification is effectively transferred from the certificate holder to the new owner in accordance with this section.

(b) If a smoke shop certified under subsection (5)(a) of this rule changes ownership, the following steps must be completed before the Authority will transfer certification to the new owner:

(A) The certificate holder must notify the Authority of the intent to transfer ownership and certification;

(B) The new owner must submit a notarized, sworn statement to the Authority attesting that the smoke shop will continue to meet the certification requirements under the new ownership; and

(C) The certificate holder or the new owner must update the business’s certification documentation with the Authority.

(c) If a smoke shop certified under subsection (5)(b) or (5)(c) of this rule changes ownership, the certificate holder or new owner of the smoke shop must submit the following documentation to the Authority to transfer certification to the new owner:

(A) Proof of transfer of ownership of the smoke shop, including, where applicable, updated registration with the Oregon Secretary of State, Corporation Division;

(B) A notarized, sworn statement attesting that the business will continue to meet the requirements for certification under the new ownership; and

(C) A completed application for transfer of certification (available on the Internet at www.healthoregon.org/smokefree or by calling the Tobacco Prevention and Education Program).

(d) After certification is transferred, the new certificate holder must submit financial documentation, including, but not limited to, sales receipts, demonstrating that at least 75 percent of the smoke shop’s gross revenue during the first 90 days of operation under new ownership was derived from the sale of tobacco products or smoking instruments.

(10) Change of Location:

(a) A smoke shop certified under subsection (5)(a) of this rule that seeks to operate the business at a different location must reapply for certification in the new location.

(b) A smoke shop certified under subsection (5)(b) or (5)(c) of this rule that seeks to operate the business at a different location must submit the following documentation to the Authority, along with a completed application for transfer of certification, at least 30 days prior to permitting smoking at the new location:

(A) A copy of the deed or rental lease for the new location, indicating that the business does not occupy more than 3,500 square feet unless the original location exceeded 3,500 square feet;

(B) If the new location occupies more than 3,500 square feet, documentation demonstrating that the square footage of the new location is no more than 110 percent of the square footage of the location at which the smoke shop was originally certified;

(C) A notarized, sworn statement attesting that the smoke shop will cease to operate in the old location; and

(D) Documentation demonstrating that the smoke shop, as operated in the new location:

(i) Meets the original requirements for certification set forth in subsection (5)(b) or (5)(c), respectively;

(ii) Does not allow cigarette smoking unless at least 75 percent of the gross revenue of the business is derived from the sale of cigarettes.

(c) Smoking is not permitted on the premises of the new location until the Authority certifies the new location pursuant to subsection (10)(a) or (10)(b) of this rule.

(11) Certification may be revoked if a smoke shop ceases operation because it has gone out of business. The certificate holder must notify the Authority that the smoke shop is no longer in operation within 30 days of closing the business.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0069

Revocation of Cigar Bar and Smoke Shop Certification

The Authority may revoke the certification of a cigar bar or smoke shop and prohibit the business from reapplying for up to two years if the business violates the Act or these rules.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0070

Enforcement

(1) The Authority shall maintain a system for receiving complaints, providing educational materials, conducting site visits, and issuing notices of violation.

(2) The Authority shall:

(a) Provide signs and posters at no cost to businesses and the public;

(b) Upon request and satisfactory review, provide certification to cigar bars and smoke shops verifying that they have met the definitions and standards for allowing smoking as set forth in ORS 433.835(1) and ORS 433.850(2)(d) and these rules;

(c) Provide education and assistance to employers and entities in charge of public places to help them comply with the Act;

(d) Receive, respond to, and investigate complaints of non-compliance with the Act and these rules;

(e) Prepare and follow up on remediation plans with sites found to be out of compliance with the Act or these rules; and

(f) Issue citations to violators of the Act or these rules, and conduct contested cases under ORS chapter 183 as necessary.

(3) On written agreement with the Authority, a county or LPHA may assume any or all of the responsibilities outlined in section (2) of this rule. In such cases, the Authority will, upon request of the LPHA, be available for consultation and technical assistance with enforcement procedures.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0075

Complaint Response

The Authority or the LPHA shall respond to complaints as follows:

(1) Initial Complaint:

(a) The Authority or the LPHA shall assess whether the site in question is required to be smokefree under the provisions of ORS 433.835 through 433.850.

(b) If the Authority or the LPHA determines that the place of employment (or some portion thereof) or public place is required to be smokefree, the Authority or the LPHA shall send a letter (“initial response letter”) to the place of employment or public place named in the complaint within 10 business days after receipt of the complaint of violation. The letter shall contain notification that the employer or public place was reported as being in violation of the Act or these rules, educational materials on how to comply with the Act and these rules, and information on whom to contact for further information and assistance with compliance.

(c) The Authority or the LPHA shall send a form letter to the complainant, if the complainant has supplied his or her name and contact information, notifying the complainant that the complaint has been received and is being investigated or that the workplace is not required to be smokefree under ORS 433.835 through 433.850.

(2) Second or Subsequent Complaint:

(a) If the Authority or the LPHA receives additional complaint(s) about the site within five business days after the “initial response letter” was sent, the Authority or the LPHA shall send a form letter to the complainant if the complainant has supplied his or her name and contact information, notifying the complainant that the complaint has been received and the investigation process begun.

(b) If the Authority or the LPHA receives a second or subsequent complaint about the site more than five business days after the “initial response letter” was sent, a representative of the Authority or the LPHA shall make an unannounced site visit within 30 days of complaint receipt to determine whether the employer or public place is in violation of the Act or these rules.

(c) Failure of an employer or entity in charge to permit the Authority or the LPHA access to the place of employment or public place is a violation and may result in the imposition of civil penalties or other action under sections (5) and (6) of this rule. If an employer or entity in charge does not permit access for a site visit, the Authority or the LPHA shall notify the Public Health Director or designee for further enforcement activity.

(3) Finding of Violation:

(a) A violation of indoor smoking prohibitions is deemed to have occurred if during a site visit pursuant to a second or subsequent complaint, the Authority or LPHA representative:

(A) Observes any person smoking or carrying a lighted smoking instrument in an area where smoking is prohibited;

(B) Observes cigar or cigarette butts in an area where smoking is prohibited;

(C) Observes ashtrays intended for use in an area where smoking is prohibited;

(D) Observes the absence or insufficiency of signs that are required under these rules;

(E) Determines that a cigar bar does not have proper certification from the Authority;

(F) Determines that a business operating as a smoke shop does not have proper certification from the Authority;

(G) Observes the smoking of non-cigar tobacco products in a cigar bar;

(H) Observes smoking instruments intended for use in an area where smoking is prohibited;

(I) Obtains signed written statements from at least two individuals who have personally witnessed smoking, the carrying of a lighted smoking instrument, or the smoking of a prohibited tobacco product at a time and in an area where smoking is prohibited; or

(J) Observes non-compliance with any of the cigar bar or smoke shop certification requirements set forth in the Act or these rules.

(b) A violation of outdoor smoking prohibitions is deemed to have occurred if during a site visit pursuant to a second or subsequent complaint, the Authority or the LPHA representative:

(A) Observes any person smoking or carrying a lighted smoking instrument within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or workplace, or any portion of an accessibility ramp;

(B) Observes ashtrays intended to be used for smoking within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or workplace, or any portion of an accessibility ramp; or

(C) Observes tables or outdoor seating or dining areas that are not clearly marked as non-smoking, and that are within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or workplace, or any portion of an accessibility ramp.

(4) Remediation Plan:

(a) After a finding of violation, the Authority or the LPHA representative and the employer or entity in charge will jointly develop a remediation plan. All remediation plans must be completed within 15 days of the site visit.

(b) In special circumstances, an employer or entity in charge may request in writing an extension of time in which to complete the remediation plan. An extension may be granted only by the Public Health Director or designee.

(c) A representative of the Authority or the LPHA shall make a follow-up visit within 30 days of the remediation plan completion date to confirm completion.

(d) If an employer or entity in charge does not cooperate in developing, implementing, or completing a remediation plan, the Authority or the LPHA shall notify the Public Health Director or designee for further enforcement activity.

(e) If an additional complaint is received within three years after the date the Authority or the LPHA confirmed completion of the remediation plan or resolution of the matter under subsection (4)(d) of this rule, a representative of the Authority or the LPHA shall make an unannounced post-remediation-plan visit within 21 days of complaint receipt to determine whether the employer or entity in charge is in violation of the Act or these rules. If a violation is found, the matter will be referred for enforcement under section (5) of this rule.

(f) If an additional complaint is received more than three years from the date the Authority or the LPHA confirmed completion of the remediation plan or resolution of the matter under subsection (4)(d) of this rule, and no other violations were observed in that three-year period, a representative of the Authority or the LPHA shall make an unannounced site visit within 30 days of complaint receipt to determine whether the employer or entity in charge is in violation of the Act or these rules. If a violation is found, a remediation plan will be developed under section (4) of this rule.

(5) Notice of Violation:

(a) If, during the follow-up visit or the post-remediation-plan visit, the Authority or the LPHA representative finds that the remediation plan has not been completed or finds additional evidence of violations, the Authority or the LPHA shall notify the Public Health Director or designee for further enforcement activity.

(b) Once notified under subsection (2)(c), (4)(d), (4)(e) or (5)(a) of this rule, the Public Health Director or designee shall issue a notice of violation and, if applicable, notice of intent to impose civil penalties to the employer or entity in charge of a public place. Such notices shall comply with the notice and civil penalty provision in ORS chapter 183 and OAR 333-015-0085.

(c) The notice of violation and notice of intent to impose civil penalty forms shall be provided by the Authority. This form shall be used for all citations.

(d) The citation shall be personally delivered to the employer or entity in charge of a public place or mailed to the place of employment or the address of the entity in charge of a public place by both first class mail and certified mail with return receipt requested.

(e) Payment of civil penalties shall be made by mail to the Public Health Director and credited to the Tobacco Use Reduction Account, as required by ORS 433.855(1)(c).

(6) Failure to Cooperate: In addition to assessing fines under section (5) of this rule, the Public Health Director may initiate further legal action against an employer or entity in charge of a public place, including, but not limited to, requesting a court to enjoin operation of the business or public place if the employer or entity in charge of a public place has:

(a) Refused to allow an on-site visit to assess status of compliance;

(b) Refused to cooperate in the development of a remediation plan; or

(c) Incurred repeated or multiple violations of the Act or these rules.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2010, f. & cert. ef. 1-14-10; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0080

Public Places which the Oregon Health Authority, Public Health Authority Regularly Inspects

If, in public places that the Authority regularly inspects and that are required to be smokefree under these rules, the Authority’s inspector, during a regular inspection, notes a possible violation of ORS 433.835 through 433.875 or these rules, the inspector shall report the violation to the Authority.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0082

Public Places Regulated by Other State Agencies or Local Governments

If, during the course of an inspection of a public place that is regulated by the State of Oregon or a local government, an inspector notes a possible violation of ORS 433.835 through 433.875 or these rules, the inspector may report the possible violation to the Authority.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2012, f. & cert. ef. 2-1-12

333-015-0085

Penalties

Each violation of the Act or these rules shall be punishable by a fine up to $500 each day the workplace or public place is found to be out of compliance, not to exceed $4,000 in any 30-day period, according to the following schedule:

(1) Violations described in OAR 333-015-0075(3)(a)(A), (C), (E), (F), (G), and (J) shall be punishable by a fine of $500 for the first violation and for each subsequent violation.

(2) Violations described in OAR 333-015-0075(3)(a)(B), (D), (H), (I) and (3)(b)(A), (B), and (C) shall be punishable by a fine of $300 for the first violation, $400 for the second violation, and $500 for the third and any subsequent violations.

Stat. Auth.: ORS 433.855
Stats. Implemented: ORS 433.835 - 433.870
Hist.: OHD 8-2002(Temp), f. & cert. ef. 5-28-02 thru 11-22-02; OHD 12-2002, f. & cert. ef. 8-27-02; PH 18-2004(Temp), f. & cert. ef. 5-7-04 thru 10-27-04; PH 27-2004, f. & cert. ef. 8-19-04; PH 12-2008, f. 8-15-08, cert. ef. 1-1-09; PH 2-2010, f. & cert. ef. 1-14-10; PH 2-2012, f. & cert. ef. 2-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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