Oregon Regulations
Health Authority/Public Health Division
Oregon Daily Filings 2021-07-11
PUBLICATION DATE: 07/11/2021
ACTION DATE: 07/09/2021
EFFECTIVE DATE: 07/09/2021
EXPIRATION DATE: 11/22/2021
PUBLICATION TYPE: Centralized Repository
DOCUMENT NUMBER: PH 28-2021

TEMPORARY ADMINISTRATIVE ORDER

INCLUDING STATEMENT OF NEED & JUSTIFICATION

PH 28-2021

CHAPTER 333

OREGON HEALTH AUTHORITY

PUBLIC HEALTH DIVISION

FILING CAPTION: Requirements for COVID-19 vaccine administration sites

EFFECTIVE DATE: 07/09/2021 THROUGH 11/22/2021

AGENCY APPROVED DATE: 07/08/2021

CONTACT: Mimi Luther 800 NE Oregon St. Filed By:
971-673-0296 Portland,OR 97232 Brittany Hall
publichealth.rules@dhsoha.state.or.us   Rules Coordinator

NEED FOR THE RULE(S):

The Governor rescinded certain COVID-19 Executive Orders on June 30, 2021, that directed the Oregon Health Authority (Authority) to issue and enforce guidance to prevent and slow the spread of COVID-19. The Authority had issued guidance for vaccine administration sites. With the rescission of the Executive Orders, certain requirements for vaccine administration sites need to be immediately adopted into rule to ensure that vaccine administration sites are operating in a manner that complies with the Authority's standards and that sites do not impose any barriers to vaccination.

JUSTIFICATION OF TEMPORARY FILING:

The Authority finds that failure to act promptly will result in serious prejudice to the public interest, the Authority, and people in Oregon who still need a COVID-19 vaccination, particularly certain communities of color and rural communities that have low vaccination rates. These rules need to be adopted promptly so that vaccine administration sites, their staff and volunteers, comply with minor consent rules, continue to have a site coordinator to respond to questions, provide people getting vaccinated with proof of vaccination and when and where to get their second dose if applicable, and importantly, prohibit vaccine administration sites from requiring social security numbers, government issued ID, proof of citizenship or payment when getting vaccinated - all of which are barriers to vaccination. Civil penalties may be imposed of $500 per day per violation of any rule requirement.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

None

ADOPT: 333-047-2000

SUSPEND: Temporary 333-047-2000 from PH 21-2021

RULE TITLE: COVID-19 Vaccine Guidance and Consent Requirements

RULE SUMMARY: This temporary rule, OAR 333-047-2000 requires vaccine administration sites - which is any location where COVID-19 vaccines are administered, to:

• Comply with OAR 333-003-0500 regarding minor consent to vaccination

• Have a designated site coordinator

• Post signs with the site coordinator's contact information

• Provide people who received a first vaccine at a site, with information about when and where to get their second dose, if applicable.

• Provide people who are vaccinated with a vaccine card as proof of vaccination.

The rule also prohibits a vaccine administration site, staff and volunteers from: • Asking people who are there for a vaccination for a social security number

• Denying vaccine to someone who is uninsured, a citizen from another country, or a resident from another state or country

• Charging for the vaccine

• Requiring proof of health insurance or government issued identification.

The rule authorizes OHA to enforce the rule requirements with a civil penalty up $500 per day per violation.

RULE TEXT:

(1) For purposes of this rule "COVID-19 vaccine administration site" means any location where COVID-19 vaccines are administered.

(2) A person or entity receiving state-supplied COVID-19 vaccine must comply with OAR 333-003-5000 regarding minor consent to vaccination.

(3) A COVID-19 vaccine administration site must:

(a) Have a designated site coordinator.

(b) Post signs, in conspicuous locations with contact information for the designated site coordinator, so people know who to contact if there are concerns about the site or services provided.

(c) Provide people who received their first dose of a vaccine at the site, with the date and time to return for their second dose of a vaccine, if applicable.

(d) Provide a person who is vaccinated with a vaccine card that shows at a minimum the date of the COVID-19 vaccination, the location of the vaccine administration site, which vaccine was administered, and the due date of the second dose, if applicable.

(4) A COVID-19 vaccine administration site and staff and volunteers at the site are prohibited from:

(a) Asking a person seeking to be vaccinated to provide their social security number. The site may choose to ask for a social security number for purposes of billing insurance, but it must be made clear that providing a social security number is optional and will only be used for purposes of insurance billing and is not a condition to receive the vaccine.

(b) Denying a COVID-19 vaccine to someone who is otherwise eligible on the basis that a person:

(A) Is uninsured;

(B) Is a citizen of another country;

(C) Is a resident of another state; or

(D) Is a resident of another county.

(c) Charging a person seeking to be vaccinated for the vaccine or the vaccine administration fee. A provider may bill insurance for the administration fee but cannot charge the person seeking to be vaccinated.

(d) Requiring a person to provide:

(A) Proof of health insurance information. This information may be requested but it cannot be required and it must be made clear that providing the information is optional.

(B) Government issued identification.

(5) A person or entity who violates any provision of this rule is subject to a civil penalty of $500 per day per violation.

STATUTORY/OTHER AUTHORITY: ORS 433.103, ORS 431A.010

STATUTES/OTHER IMPLEMENTED: ORS 433.103, ORS 431A.010