2021 Oregon Revised Statutes
Chapter 433 - Disease and Condition Control; Mass Gatherings; Indoor Air
Section 433.441 - Declaration of public health emergency.

(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]
Note: The amendments to 433.441 by section 88h, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (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 proclamation 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 proclamation;
(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 public health emergency, the Governor may:
(a) Close, order the evacuation of or 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 proclamation 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 proclaimed unless the Governor expressly extends the proclamation 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.

Structure 2021 Oregon Revised Statutes