# ORS § 433.040: 433.040 Oregon Vaccine Education and Prioritization Plan

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.040

## Section

- **Citation:** ORS § 433.040
- **Heading:** 433.040 Oregon Vaccine Education and Prioritization Plan
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 36 / Chapter 433 / Section 433.040

## Text

(1) As used in this section, “vaccine” includes vaccines, immune products and chemoprophylactic medications.

(2) When the State Health Officer of the Oregon Health Authority determines that there is clear evidence that adverse and avoidable health outcomes from a preventable and acute communicable disease are expected to affect identifiable categories of high-risk individuals throughout Oregon and that assistance with the administration of vaccine is warranted due to a vaccine shortage to protect or treat such individuals, the health officer shall implement the Oregon Vaccine Education and Prioritization Plan as provided in subsection (3) of this section.

(3) The authority shall develop and adopt by rule the Oregon Vaccine Education and Prioritization Plan to protect the public health during a vaccine shortage. The plan shall consist of:

(a) Guidelines for physicians, naturopathic physicians, nurses, hospitals, health systems, pharmacies and others that hold vaccines for the distribution and administration of vaccines. The guidelines shall include, but are not limited to, a definition of high-risk groups for priority protection or treatment in the event a vaccine shortage is imminent;

(b) Rules for imposing a civil penalty of $500 against persons who knowingly violate the guidelines for each repeat violation of the guidelines; and

(c) Procedures for:

(A) Mobilizing public and private health resources to assist in vaccine distribution and administration; and

(B) Notifying health professional regulatory boards and licensing authorities of repeated violations of the guidelines by health professionals regulated by the board or licensed by the licensing authority.

(4) If the Oregon Health Authority adopts temporary rules to implement subsection (2) of this section, the rules adopted are not subject to the requirements of ORS 183.335 (Notice) (6)(a). The authority may amend the temporary rules adopted pursuant to subsection (3) of this section as often as is necessary to respond to a vaccine shortage. [2001 c.627 §2; 2007 c.445 §6c; 2009 c.595 §632; 2017 c.356 §62]

Source: Section 433.040 — Oregon Vaccine Education and Prioritization Plan; implementation of plan during vaccine shortage; rules; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors433.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 433.001 433.001 Definitions for ORS 433.001 to 433.045 and 433.110 to 433.770](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.001.md)
- [ORS § 433.004 433.004 Reportable diseases](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.004.md)
- [ORS § 433.006 433.006 Investigation and control measures](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.006.md)
- [ORS § 433.008 433.008 Confidentiality of disclosure](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.008.md)
- [ORS § 433.009 433.009 Reporting by law enforcement unit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.009.md)
- [ORS § 433.010 433.010 Spreading disease prohibited](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.010.md)
- [ORS § 433.012 433.012 Oregon Health Authority to provide laboratory examination](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.012.md)
- [ORS § 433.017 433.017 Test of blood of pregnant woman required](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.017.md)
- [ORS § 433.035 433.035 Testing or examination of persons with certain diseases or conditions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.035.md)
- [ORS § 433.040 433.040 Oregon Vaccine Education and Prioritization Plan](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.040.md)
- [ORS § 433.045 433.045 Notice of HIV test required](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.045.md)
- [ORS § 433.055 433.055 Prevalence studies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.055.md)
- [ORS § 433.060 433.060 Definitions for ORS 433.060 to 433.080](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.060.md)
- [ORS § 433.065 433.065 Procedures for HIV testing](https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.065.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T36_C433_S433.040. Check the current official text before relying on it. Not legal advice.