Or. Admin. Code § 333-050-0210 - Definitions

As used in OAR 333-050-0210 through 333-050-0410:

(1) "Administrator" has the meaning given that term in ORS 433.235.

(2) "ALERT Immunization Information System" means the system defined and described in OAR chapter 333, division 49.

(3) "Attend" or "attending" means:

(a) Enrolled with a school or children's facility and being physically present for any reason at the school or facility.

(b) Residing on the premises of a children's facility or school on five or more days in a given school year.

(c) For home-schooled, private, or special education students or students in other non-traditional educational settings subject to these rules:

(A) Meeting with an instructor in a school building five or more days during a school year; or

(B) Participating in sports, field trips or other activities through a school-sponsored program five or more times per school year.

(4) "Certificate of Immunization Status" means a form provided by the Public Health Division (Division) or other documentation approved by the Division in accordance with OAR 333-050-0300.

(5) "Child" means:

(a) An individual of any age up to the age of 18; or

(b) An individual of any age in any grade through 12th grade.

(6) "Children's facility" or "facility":

(a) Has the meaning given that term in ORS 433.235, and includes but is not limited to certified child care centers, certified family child care homes, child care centers exempt from certification, Head Start programs, preschools and Early Intervention/Early Childhood Special Education programs.

(b) Does not mean facilities or programs classified as exempt under OAR 333-050-0220.

(7) "Complete" means a record indicating that a child is fully immunized as required in OAR 333-050-0240 or has immunity documentation, as specified in OAR 333-050-0260, to each disease against which the child is not fully vaccinated.

(8) "Contraindication or precaution" means a medical diagnosis of a physical condition or disease that renders a particular vaccine improper or undesirable for a child in accordance with the current recommendations of the Advisory Committee on Immunization Practices, U.S. Department of Health and Human Services, U.S. Centers for Disease Control and Prevention, or the American Academy of Pediatrics.

(9) "Electronic signature" has the meaning given that term in ORS 84.004.

(10) "Evidence of immunization" means a record that complies with the requirements in OAR 333-050-0240 that indicates the month, day and year of receipt of each dose of a vaccine.

(11) "Exclude" or "Exclusion" means not being allowed to attend a school or facility pursuant to an exclusion order from the local health department based on non-compliance with the requirements of ORS 433.255, 433.260, or 433.267(1), and these rules.

(12) "Exclusion Day" means the fourth Wednesday in February, unless a different date is identified by the Public Health Division, in accordance with OAR 333-050-0310.

(13) "Exclusion order" means an order issued by the local health department prohibiting a child from attending a school or children's facility because the school or children's facility does not have documentation for the child required by ORS 433.267(1) or (2) and these rules.

(14) "Exemption" means either a documented medical or nonmedical exemption.

(15) "Health care practitioner" means:

(a) A practitioner of the healing arts who has within the scope of the practitioner's license, the authority to order immunizations, including but not limited to individuals licensed to practice by the Oregon Medical Board, Oregon Board of Naturopathic Medicine, and nurse practitioners licensed by the Oregon State Board of Nursing, or the equivalent licensing board in other states; and

(b) For purposes of OAR 333-050-0270(2) includes registered nurses and physician associates.

(16) "Immunity documentation" means documentation that meets the requirements in OAR 333-050-0260 from a health care practitioner with authority to diagnose disease, or from a representative of the local health department, from ALERT IIS, or from a clinical laboratory.

(17) "Immunization" means a vaccine authorized, approved or licensed by the United States Food and Drug Administration (or the foreign equivalent) for the prevention of a particular disease.

(18) "Incomplete" means a record indicating that a child:

(a) Is not fully immunized as required in OAR 333-050-0240; and

(b) Does not have a completed exemption or immunity documentation for a disease for which the child is not fully vaccinated.

(19) "Insufficient" means a record that does not have enough information to make a proper determination about a child's immunization status or has information that is clearly in error.

(20) "Local health department" has the meaning given that term in ORS 431.003, or if the local public health authority has transferred its authority to the Oregon Health Authority (Authority) under ORS 431.382, means the entity identified by the Authority to conduct the activities required by a local health department under these rules.

(21) "Main office" means a central administrative location at the school or children's facility where immunization rates are made available to parents.

(22) "Medical exemption" means that, based on a contraindication or precaution, a child should not receive a specified immunization, either temporarily or permanently, depending on the duration of the contraindication or precaution.

(23) "Medical exemption form" means a document prescribed by the Oregon Health Authority and completed by a physician or a representative of the local health department for the purpose of claiming a medical exemption that includes, at a minimum, the following:

(a) Child's name.

(b) Child's birth date.

(c) Child's medical condition that contraindicates or is a precaution to a vaccine.

(d) List of vaccines for which there is a contraindication or precaution.

(e) The duration of the contraindication or precaution, or approximate time until the child's condition resolves, if applicable.

(f) Physician's name.

(g) Physician's signature.

(h) Physician's license number.

(i) Physician's contact information including the phone number.

(24) "Newly entering child" has the meaning given that term in ORS 433.267.

(25) "Nonmedical exemption" means the declination by a parent of one or more immunizations on behalf of the child for reasons other than those constituting medical exemptions.

(26) "Parent" has the meaning given that term in ORS 433.235.

(27) "Physician" has the meaning given that term in ORS 433.235.

(28) "Post-secondary education institution" means:

(a) A state institution of higher education under the jurisdiction of the Higher Education Coordinating Commission;

(b) A community college operated under ORS chapter 341;

(c) A school or division of Oregon Health and Science University; or

(d) A school located in Oregon described in OAR 583-030-0005 or classified as exempt under ORS 348.604.

(29) "Public Health Division" means the Oregon Health Authority, Public Health Division.

(30) "Record" means a document described in ORS 433.267(1).

(31) "School":

(a) Has the meaning given that term in ORS 433.235, and includes but is not limited to public schools, private schools, charter schools, alternative education programs, any program that provides educational instruction designed to lead toward a high school diploma, and residential, correctional, or treatment program settings that provide K-12 educational instruction to children who are residents.

(b) Does not mean institutions or programs classified as exempt under OAR 333-050-0220.

(32) "School year" means an academic year as adopted by the school or school district (usually September through June).

(33) "Susceptible" has the meaning given that term in OAR 333-019-0010.

(34) "These rules" means OAR 333-050-0210 through 333-050-0410.

(35) "Transferring child" has the meaning given that term in ORS 433.267.

(36) "Up-to-date" means not complete with required immunizations but currently on schedule and not subject to exclusion, based on the immunization schedule for spacing doses, as prescribed in the Primary Review Table described in OAR 333-050-0240(1).

(37) "Vaccine educational module" means an education module approved by the Public Health Division to fulfill the requirement in ORS 433.267 to claim a nonmedical exemption.

Notes

Or. Admin. Code § 333-050-0210

PH 11-2025, adopt filed 05/02/2025, effective 5/2/2025

Statutory/Other Authority: ORS 433.004 & ORS 433.273

Statutes/Other Implemented: ORS 433.001, ORS 433.004, ORS 433.006 & ORS 433.235 - 433.284