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STATUTES OF OREGON RELATING
TO PUBLIC HEALTH (2 4, oa º q
O'ſ
CHAPTER I | 4
OF THE STATE BOARD OF HEALTH | 472 &
$8358. State Board of Health, How Constituted.
A board is hereby established, which shall be known under the name and
style of the State Board of Health. It shall consist of seven members, as
follows: Six members, who shall be appointed by the governor, with the con-
sent of the senate, the various sections of the state being represented as far
as practicable, and a secretary, as provided by section 8362, all to be physicians,
and especially selected for their fitness and public spirit. The six members first
appointed shall be so designated by the governor that the term of office of
three shall expire every two years, on the 15th day of January. Thereafter,
the governor, with the consent of the senate, shall biennially appoint three
members, to hold their office for four years, ending on January 15. Any
vacancy in said board may be filled by the governor. [L. 1903, p. 82, § 1;
L. O. L. 4686.]
NOTE–Section 8362, referred to in this section, is the same as 4689, L. O. L.
$8359. State Board of Health, How Constituted by Laws of 1919.
The “state board of health,” heretofore appointed by the governor of this
state, shall constitute the state board of health under this act. Each member
of said board shall continue in office for the remainder of the term for which
he shall have been appointed. Upon the expiration of the terms of any of the
said members, the governor, with the consent of the senate, shall appoint a
Successor to hold such office for the term of four years. Any vacancy in.
said board may be filled by the governor. The state board of health shall cort—
sist of seven members, six who [of whom] shall have been appointed by the
governor with the consent of the senate, or their successors, and a secretary
to be appointed by the board, who shall be known and designated as the state
health officer, all to be physicians and especially selected for their fitness.
|L. 1919, c. 264, § 1.]
$ 8360. Its Duties.
The state board of health shall have direct supervision of all matters
relating to the preservation of life and health of the people of the state. It
shall keep the vital statistics of the state, and make sanitary surveys and
investigations and inquiries respecting the causes and prevention of diseases,
especially of epidemics. The board shall have full power in the control of all
communicable diseases. It shall make and file in the office of the secretary
of state such rules and regulations, and is hereby empowered to enforce such
rules and regulations for the control of any and all communicable diseases,
by quarantining; or the adoption of any other reasonable measures as seem
best for limiting the spread of communicable diseases, and for the preservation
of the public health; and it shall be the duty of all executive officers, including
police officers, sheriffs, constables and all county officers and employes of the
state, to enforce such regulations, subject to the authority of the state health
officer. [L. 1903, p. 82, § 2; L. O. L., § 4687; L. 1919, c. 264, § 2.]
Sig. l
$8361, Meetings and Quorum.
The board shall meet annually at Salem, on the second Tuesday of January,
and shall also hold special meetings where and when the board may provide, as
frequently as the proper and efficient discharge of its duties may require.
Three shall constitute a quorum for the transaction of business. It shall
elect from its own number a president, and may adopt rules and regulations
subject to the provisions of this act. It shall have authority to send its
secretary or committee of the board to any part of the state when deemed
necessary. [L. 1903, p. 82, § 3; L. O. L., § 4688; L. 1919, c. 264, § 4.]
$ 8362. Board to Elect a Secretary Who Shall Be State Health Officer—
Qualifications.
At its first meeting, or as soon thereafter as a competent and suitable
person can be secured, the board shall elect a secretary, who shall, by virtue
of such election, become a member of the board and its executive officer, and
his official title shall be known as the “state health officer,” who shall be
a regularly graduated and reputable physician. [L. 1903, p. 82, § 4; L. O. L.,
§ 4689; L. 1919, c. 264, § 5.]
$ 8363. Term of Office of Secretary, or State Health Officer—His Duties and
Powers.
The secretary shall hold his office so long as he shall faithfully discharge
the duties thereof, and may be removed for just cause at a regular or special
meeting of the board, a majority of the members voting therefor. He shall
perform the duties prescribed by this act, or required by the board. He shall
be empowered to employ or discharge any employe of the state health office.
He shall keep a record of the transactions of the board, shall have the custody
of all books, papers, documents and other property belonging to the board,
which may be deposited in his office. He shall communicate with the other
state boards of health and with the county boards of health throughout the
state; shall keep and file reports received from such boards, and all correspon-
dence of the office appertaining to the business of the board. He shall prepare
all blank forms for the state and all subordinate boards of health, and give
such instructions as may be necessary, and forward them to the various health
officers throughout the state.
That it shall be the duty of the state health officer to hold annually a
convention of county and city health officers at such place as he shall
hold convenient, for the discussion of the questions pertaining to public health
and sanitation. Said convention shall continue in session for such time not
exceeding three days as the said health officer shall deem necessary. It shall
be the duty of the health officer of each county or city to attend such con-
vention, and such officer shall receive his actual and necessary traveling
expenses, to be paid by said county or city: provided, that no claim for such
compensation or expenses shall be allowed or paid unless it be accompanied by
a certificate from the state health officer attesting the attendance of such
health officer at said convention.
When any county or city official neglects or refuses from any cause to
enforce the rules and regulations of this act, or the peace officers of a county
or city refuse or are unable to enforce such rules and regulations when so
directed, then it is the duty of the state health officer to take direct charge
of such county or city, and he is hereby empowered to call to his aid such
assistance as is necessary for the enforcement of the said rules and regulations,
the expense whereof shall be borne by such county or city making the use of
this procedure necessary, to be paid out of said county or city treasury upon
vouchers propely certified by the state health officer. [L. 1903, p. 82, § 5;
L. O. L., § 4690; L. 1919, c. 264, §§ 6, 7, 3.]
2
$8364. Additional Powers of Secretary, or State Health Officer—Warrant of
Arrest.
The secretary of the state board of health be, and is hereby authorized and
empowered to enforce all the provisions of this act, and if necessary he is
authorized to appear before any magistrate empowered to issue warrants in
criminal cases, and require such magistrate to issue warrant, directing it to
any sheriff or deputy or any constable or policeman, to remove any person or
persons, or obstacle, or to defend any threatened violence to the health officer,
upon entering private property, or to assist the health officer in any way to
carry out the provisions and intents of this act. [L. 1907, c. 70, p. 125, § 16;
L. O. L., § 4729.]
$8365. Penalty for Violation of Act or Regulations of Health Board.
(See § 8516.)
$8366. Salary and Expense of Secretary, or State Health Officer—Expense of
Members.
The secretary shall receive an annual salary, which shall be fixed by the
state board of health, and the necessary traveling expenses and the necessary
expenses for clerical service that the board may deem necessary for his
assistance. The board shall certify the amount due him, and, on presentation of
said certificate, the secretary of state shall draw a warrant on the state
treasurer for the amount. The members of the board shall receive no per diem
compensation for their services, but their traveling and other necessary
expenses, while employed on the business of the board, shall be allowed and
paid. [L. 1903, p. 82, § 6; L. O. L., § 4691; L. 1919, c. 264, § 8.]
§ 8367. State Board of Health, When to Abate Nuisances—Penalty for Violation
of Its Orders.
(See § 8371.)
§ 8368.
(See § 8503.)
CHAPTER II
* OF COUNTY AND CITY BOARDS OF HEALTH
$ 8369. County and City Boards of Health—Secretary to Be Health Officer—
Term of Office, Qualifications, Compensation and Powers of Health Officer—
Removals and Vacancies.
The county judge and county commissioners, and the mayor and common
council of each incorporated city, except where a regularly constituted board
of health by statute or by ordinance of such city exists or may hereafter be
created, shall constitute a board of health ex officio, for each county and city, .
respectively, of the state, whose duty it shall be to enforce the rules and
regulations of the state board of health and such other rules and regulations
of the county or city board of health as are approved by the state board of
health, and perform such other duties as may from time to time be required
of them by the state health officer pertaining to the health of the people.
They shall elect a secretary, who shall be in possession of a license issued to
him by the state board of medical examiners, who shall be the health officer
of the appointing board when so commissioned by the state board of health,
and he shall hold his office for a term of two years, or unless sooner terminated
as hereinafter provided. The compensation of all county and city health officers
shall be prescribed by the board appointing him or to which he belongs, and
the same, together with his necessary expenses, shall be paid by the county
or city in which he serves, on the first Monday in September, December, March,
and July; provided, that no incorporated city or town shall pay its Secretary
less than $10 per month nor county board shall pay its secretary less
than $25 per month. The state board of health shall have power to remove
at any time any county, city or town health officer for intemperance, failure
to collect vital statistics, obey rules and regulations, keep records, make
reports or answer letters of inquiry, or obey orders of the state health officer
concerning the health of the people. Such removal, however, shall not be made
until five days’ notice of the charge or charges against such health Officer
shall have been mailed him; provided, the time and place for hearing such
charges by the state board of health shall be in the county seat of the county
or in the city or town of which the defendant is health officer and shall take
place not later than one week after the time of mailing notice to such health
officer; also provided, that he may be represented by counsel; and it is
further provided, that said health officer so removed shall not be reappointed
without the consent of the state board of health. In case of death, removal or
resignation of any county or city health officer created under this act, the
vacancy shall be immediately filled by the county judge and commisioners at
their first meeting, or mayor and the common council, as the case may be,
under the provisions of this section, who shall hold his office until the end of
the term, unless removed for cause as in this act provided. In case of refusal
or neglect by the said county or city officers to appoint a county or
city health officer for a period of 30 days following such vacancy, the state
health officer shall make such appointment. The office of the secretary of the
county board of health shall be at the county seat. All county or city health
officers shall possess the powers of constables or other peace officers in all
matters pertaining to public health. [L. 1905, c. 170, $1; L. O. L., § 4695;
L. 1919, c. 264, § 9; L. 1923, c. 129.]
$ 8370. To Be Subordinate to State Board and to Enforce Its Regulations,
The board of health of each county and city shall be subordinate to the
state board of health, and it shall be the duty of the secretaries of such county
boards to report such facts and statistics as may be required under instructions
4
from and in accordance with blanks furnished by said board; and it shall be
the duty of secretaries of city boards of health to make reports of such facts
and statistics as may be required under instructions and in accordance with
the blanks furnished by the state board to the secretaries of the county boards
of health to which city boards of health are subordinate; provided, that all
books and records kept by the secretary of the county or city board shall be the
property of the county or city where such records are kept, and filed with the
county clerk or city official where such records. can be consulted without fee.
[L. 1905, c. 170, § 2; L. O. L., § 4696; L. 1919, c. 264, § 10.]
§ 8371. Power of State Board of Health on Default of Local Board.
When for some reason the city or municipal board of health do not exist
or should be inoperative, the state board of health shall have power and shall
order nuisances, or the cause of any special disease or mortality, to be abated
and removed. [L. 1907, c. 70, p. 124, § 11; L. O. L., § 4724.]
CHAPTER III
OF QUARANTINE
$8372. Quarantine By Boards of Health—Regulations of Local Board Must Have
Approval of State Board.
The state board of health or the board of health of any incorporated city
or village in time of epidemic or threatened epidemic, or when any dangerous
communicable disease is unusually prevalent, may, after personal investigation
by the members or member or the executive officer of such board to establish
the facts in the case, and not otherwise, impose a quarantine on vessels,
railroads, stages, or any other public or private vehicle or vehicle conveying
persons, baggage or freight, or used for such purpose, and make or enforce
such rules and regulations as such board may deem wise and necessary for
protection of the health of the people of the community or the state; provided,
however, that the running of any train or any cars, or any steam or electric
railroad, or of steamboats, vessels, or other public conveyance shall not be
prohibited ; provided further, that the state health officer must be immediately
informed of such action.
A true copy of such rules and regulations, adopted by a local board of
health, must have the approval of the state board of health, and thereafter no
changes shall be made without such approval. [L. 1907, c. 70, § 2; L. O. L.,
§ 4715; L. 1907, c. 70, §§ 1, 2; L. O. L., §§ 4714, 4715; L. 1919, c. 264, § 11.]
$8373. Quarantine of Contagious Diseases—Flags—Regulations.
(See § 8378.)
$ 8374. Provisions for Enforcement of Quarantine.
(See § 8379.)
§ 8375. Warrants for Removal of Infected Person or Impressment of Necessaries.
(See § 8380.)
$ 8376. Board of Health to Provide for Quarantined Person—Expenses.
(See § 8381.)
$8377. Occupant of House Where Contagious Disease Not To Attend Public
Gatherings.
(See § 8382.)
$ 8378. Quarantine of Communicable Diseases.
It shall be the duty of the county or municipal board of health when a case
of any communicable disease in which quarantine or placard is required is
reported to at once cause to be placed in a conspicuous place on the house, both
at front and rear entrances to same, where any such disease exists, a quarantine
card, flag, or notice as provided by the rules and regulations of the state board
of health, and to prohibit entrance to or exit from such house without a written
permission from the health officer or executive officer of said local board;
except attending physician, and every physician attending a person affected
with any communicable disease, so designated by the state board of health, shall
use such precautionary measures to prevent the spread of the disease as may
be required by the state, county or municipal board of health; provided, that
in case of failure of county or municipal board of health, or when no such
board is organized, it at once becomes the duty of the state health officer to
enforce such quarantine or other measure as he may deem best; and provided
further, that every physician shall exercise the duties of health officer until
such county or municipal health officer shall be notified of the existence of
such communicable disease. [L. 1919, c. 264, § 12.]
6
$ 8379. Provisions for Enforcement of Quarantine,
No person shall mar, remove, deface, destroy, or in any way or manner
obscure such quarantine notice which shall remain in place until after the
person affected is removed from such house or has recovered and is no longer
capable of communicating the disease, and the said house and the contents
thereof have been properly cleaned and disinfected by either the county
or municipal board of health, or the state board of health, or some of its
officers or agents; provided, that the state board of health shall have
power to make rules and regulations prescribing the number of days a per-
son affected with any communicable disease shall remain amenable to any
quarantine, closure, restriction or safeguard measure. The county or munici-
pal board of health, or the state board of health, may employ as many
persons as it deems necessary to execute its orders and properly guard any
house or place containing any person or persons affected with any of the
communicable diseases as provided in section 8378, or who have been ex-
posed thereto; and such persons shall be sworn as quarantine guards, shall
have police powers, and may use all necessary means to enforce the provisions
of this act for the prevention of contagious and infectious diseases, or the
orders of state, county or city health officer made in pursuance thereof. [L.
1919, c. 264, § 13.]
$8380. Warrants for Removal of Infected Persons or Impressment of Necessaries.
Any magistrate authorized to issue warrants in criminal cases shall issue
a warrant upon affidavit of any member of the county, municipal or state
board of health, or the executive officer of the state board of health, directing
the warrant to the sheriff of the county or his deputy, or to any constable or
police officer, requiring them under the direction of the board to remove any
person who is infected with a communicable disease, or to impress or take up
convenient houses, lodging, nurses, attendants and other necessaries; or to
enforce any or all measures of the state health office. [L. 1919, c. 264, § 14.]
$8381. Providing for Quarantined Persons—Expenses.
When a house or other place is quarantined on account of a communicable
disease, it shall be the duty of the board of health having jurisdiction to
provide for all persons confined in such place food, fuel and all of the neces-
sities of life, including medical attendance, medicine, and nurses, when neces-
sary; and the expenses so incurred when properly certified by such executive
officer of such board shall be paid by the person or persons quarantined, when
able to make such payment mentioned; if not able to pay, to be paid by the
county or municipality in which he or they were quarantined. [L. 1919, c. 264,
§ 15.]
$8382. Occupant of House Where Communicable Disease Not to Attend Public
Gathering.
No person residing in or occupying any house in which there is a person
suffering from any communicable disease requiring absolute quarantine, shall
be permitted to attend any public, private, parochial school or college or Sunday
school or any other public or private gathering until the quarantine provided
for in such disease has been removed by the board of health. [L. 1919, c. 264,
§ 16.]
$8383. Equipment or Material Obsolete, Worn Out or Unsuitable May Be Sold
or Exchanged.
The “state board of health” shall be, and hereby is, authorized and empow-
ered to exchange, sell or dispose of any obsolete, worn out or otherwise unsuit-
able material or equipment that it may at any time have on hand when in its
7
judgment such exchange, sale or disposal is to the financial benefit of the
state. The proceeds from such sales or disposal shall be deposited in the state
treasury to the credit of the state board of health, with a full report covering
each separate sale or disposal made by the board under the authority hereby
granted, and said fund shall be expended by the state board of health for the
purchase of necessary equipment or material used in the research laboratory
of said board, subject to the regulations respecting the approval of claims and
drawing and honoring of warrants prescribed by law for other expenditures of
said board. [L. 1919, c. 310.] .
$ 8384. Quarantine Hospital—Emergency Seizure.
Any city or municipality may establish a quarantine hospital within or
without its own limits, but if within its own limits, consent of the municipality
within which it is proposed to establish such hospital shall be first obtained;
provided, that such consent shall not be necessary if such hospital is more
than 800 feet from any occupied house or public highway; and when a great
emergency exists the board of health may seize and occupy temporarily for
Such quarantine hospital any suitable vacant house or building within its juris-
diction, and the board of health of any city or municipality having a quarantine
hospital shall have control over the same; provided, however, that in case of
use of such house or premises, due compensation shall be tendered for the use
of the same. [L. 1907, c. 70, § 8; L. O. L., § 4721; L. 1919, c. 264, § 17.]
$ 8385. Carriers to Submit to Quarantine Regulations—Penalties.
Whenever quarantine or closure or other measure is declared, all railroads,
steamboats or other common carriers, and the owners, consignees, or the
assignees of any railroad, steamboat, stage or other vehicle used for the trans-
portation of passengers, baggage or freight, shall submit to any rules or regu-
lations imposed by the board of health or health officer; they shall submit to
any examinations required by the health authorities respecting any circum-
stances or event touching the health of the crew, operatives or passengers, and
the sanitary condition of the baggage or freight; and any owner, consignee, or
assignee, or other person interested as aforesaid, who makes any unfounded
statement or declaration respecting the points under examination, shall, upon
conviction thereof before any court or justice of the peace having jurisdiction,
be subjected to the penalties herein provided for the violation of the require-
ments of this act and the orders of the state, county or municipal boards of
health. [L. 1907, c. 70, § 9; L. O. L., § 47.22; L. 1919, c. 264, § 18.]
$8386. County May Quarantine Against Other County—Enforcement,
Every county board of health shall have power to quarantine against any
other county or counties or adjoining states, subject to approval of the State
board of health, when any dangerous communicable disease exists, if in its
judgment it is deemed necessary, and shall also have the power to quarantine
any cases of communicable disease within the county; it shall have authority to
call all police officers, sheriffs, and constables, and all county officers to
enforce such quarantine, subject to the authority of the state health officer.
[L. 1907, c. 70, § 10; L. O. L., § 4723; L. 1919, c, 264, § 19.]
$8387. State Board of Health May Inspect Conveyances Entering State.
Whenever there shall exist in the opinion of the state board of health immi-
nent danger of the introduction of any dangerous communicable disease into the
state of Oregon, by means of railroad, steamboat, or other communication with
other states, the said state board of health is authorized and it is hereby made
its duty to make, through its executive officer or some member of the board, or
8
accredited inspector or agent, an inspection of all railroad cars, steamboats or
other conveyances coming into the state, at such points or between such points
within the state limits, as may be selected for this purpose.
Such inspection shall be made, where practical, during the ordinary deten-
tion of a train at a station, or while in transit between stations, or if a steam-
boat, while in port, and in all cases shall be so conducted as to occasion the
least possible detention or interruption of travel or inconvenience to the railroad
companies or steamship companies, so far as consistent with the purpose of
this act. [L. 1907, c. 70, §§ 12, 13; L. O. L., §§ 4725, 4726; L. 1919, c. 264, § 20.]
$8388. Procedure on Discovery of Disease.
Should discovery be made of the existence among the passengers of any
case or cases of dangerous communicable disease, the health officer or his
agents or inspectors, under rules and conditions prescribed by the state board
of health, as being applicable to the nature of the disease, shall have power to
cause the sidetracking or detention of any car or cars so infected, or, if a
steamboat, detain in port, to isolate the sick or remove them to a suitable place
for treatment, to establish a suitable station, to cause the passengers and
material in such infected car or steamboat to be subjected to disinfection and
cleansing before proceeding further into the state, and to offer free immuniza-
tion in those diseases to which such prophylactic treatment is applicable, to all
persons exposed in any car or at any station or port. Should any question
arise as to the existence of any emergency the state board of health shall have
final jurisdiction. [L. 1907, c. 70, § 14; L. O. L., § 4727; L. 1919, c. 264, § 21.]
CHAPTER IV
OF THE REPORT OF COMMUNICABLE AND CONTAGIOUS DISEASES
BY PHYSICIANS AND OTHERS
$8389. Physicians and Other Persons to Report Communicable Diseases.
It shall be the duty of all physicians, and all other persons practicing the
art or science of healing of human beings, and all persons having the care of
persons affected with any communicable disease, including heads of house-
holds, immediately upon the development of the disease so as to show its com-
municable character, to report to the local health officer within whose juris-
diction such sick person may be located in the manner required by the rules
and regulations of the state board of health and upon blanks supplied by said
board, the name and address of any person afflicted with any communicable
disease on which the state board of health requires a report, together with the
nature of the disease and such other information as shall be required by the
State board of health. It shall be the duty of any person required to make a
report under this statute either to procure from the county health officer a
blank furnished by the state board of health for the making of such report, or
to make such report in writing and furnish therein information required by the
state board of health. [L. 1919, c. 264, § 22.]
$8390. Duty of Physicians to Report Contagious Disease.
(See § 8389.)
10
CHAPTER V
OF MISCELLANEOUS PROVISIONS FOR PUBLIC BENEFIT
$ 8391. Persons Afflicted With Communicable Disease Excluded from School.
No pupil, teacher or janitor shall be permitted to attend any private,
parochial or public school when afflicted with any communicable disease. nor
shall they be permitted to attend such school from any house in which exists
any communicable disease, except in strict conformity with the rules and
regulations of the state board of health.
Whenever any school principal or teacher in any private, parochial or public
school has reason to suspect that any pupil is afflicted with or has been
exposed to any communicable disease required by the rules and regulations of
the state board of health to be excluded from school, such principal or teacher
shall send such pupil home and report the occurrence to the local health officer
by the most direct means available, and any pupil so excluded shall not be
permitted to again attend school until such pupil shall present a certificate
from a legally qualified physician stating that such pupil is not afflicted with
nor a carrier of any communicable disease. [L. 1919, c. 264, §§ 23, 24.]
$8392. Vermin Infected or Insanitary Pupil May Be Excluded.
Any board of school directors may prohibit the attendance of any vermin
infected or insanitary pupil upon the schools under their control, and said
board of directors may require the city or county health officer to make an
examination of any pupil who may be suspected of having any vermin, or of
being in an insanitary condition of the body or clothing, and may require the
parents or guardian of such pupil to put such pupil in a sanitary condition
before returning to school. [L. 1919, c. 264, § 25.]
$ 8393. Powers of Directors to Prevent Attendance of Pupils or Teacher on
Account of the Prevalence of Communicable Disease—Vaccination.
Any board of school directors may, on account of the prevalence of any
communicable disease, or to prevent the spread of such communicable disease,
prohibit the attendance of any teacher or pupil upon any school under their
control, and may specify the time during which such teacher or pupil shall
remain away from such school, and may prohibit the attendance of any unvac-
cinated child, who has not had the smallpox, upon the schools under their
control, and shall also have the power to decide how far revaccination shall be
required if a case or cases of smallpox have occurred in the city or district.
[L. 1919, c. 264, § 27.]
$ 8394. Directors of School Districts to Provide Waterclosets and Clear Grounds
of Underbrush.
It shall be the duty of all boards of school directors in this state to provide
suitable and convenient waterclosets or privies for each of the schools under
their charge, at least two in number, which shall be entirely separate each
from the other, and having separate means of access. It shall be the duty of the
School officers aforesaid to keep the same in a clean, chaste, and wholesome
condition, and to clear the school ground of brush and other obstructions to a
good view of the premises; and a failure to comply with the provisions of this
subdivision on the part of the board of directors shall be sufficient grounds for
removal from office and for withholding from any district any part of the 5
mill county school tax of the county. The expense incurred by the officers
aforesaid in carrying out the requirements of this section shall be a charge
upon the district and a tax may be levied therefor without a vote of the
district. [L. 1919, c. 264, § 26.]
11
$8395, Prohibition of Loaning of Books from Public Libraries, Etc., in Cases of
Communicable Diseases—Disinfection of Books.
No books shall be loaned from a public library, or from a privately owned
circulating library, to any person afflicted with any communicable disease, or
to a person living in a residence wherein such case of communicable disease
exists. In case a book is loaned unknowingly, or such disease occurs while
[the] book is loaned, such book when returned to the library must be disinfected
in accordance with the rules and regulations of the state board of health. [L.
1919, c. 264, § 28.]
$8396. Unlawful to Sell Goods, Etc., Exposed to Communicable Disease, Unless
Disinfected.
It shall be unlawful for any person, firm or corporation having delivered
merchandise, such as clothing, wearing apparel of every description, hair
goods, brushes, rubber goods, books, mattresses, blankets, sheets, pillows or
other kinds of bedding, to any person or persons, firm or institution at or
thereafter taken to any place where any communicable disease exists or may
exist, after the delivery of such merchandise, and intermingle the same with
the goods for sale or offer the same for sale or sell the same, or to receive
any merchandise from any place or premises where any communicable disease
exists or has existed, and intermingle such goods with other goods for sale or
offer the same for sale or sell the same, until such goods has ſhave] been
thoroughly disinfected in accordance with the rules and regulations of the
state board of health. [L. 1917, c. 387, §§ 1, 2; L. 1919, c. 264, § 29; also see
c. 268, L. 1923.]
$8397. Person Having Communicable Disease Not to Use Public Conveyance, Etc.
It shall be unlawful for any person knowing himself or herself to be afflicted
with a dangerous communicable disease to use any public conveyance, street
car, railroad car or taxicab, and it shall also be unlawful for any person or
persons to knowingly assist such afflicted person by the use of any such public
conveyance, and such person shall be liable for punishment under this act. [L.
1917, c. 387, § 3; L. 1919, c. 264, § 30.]
§ 8398, Wilful Spreading of Malignant Communicable Disease—Penalty.
If any person shall infect himself or suffer himself to be infected, or shall
infect another with any malignant communicable disease, within this state, or
being so infected shall come within this state with the intent to cause the
prevalence or spread of such disease within this state, such person upon con-
viction thereof, shall be punished by imprisonment in the penitentiary not less
than one year nor more than three years. [L. 1919, c. 264, § 31.]
$ 8399. Disinfection of Shaving Tools, Etc.
Any person who shaves another person, who does not, before he again
uses his tools, towels or water, subject them to [such disinfectant as may
remove any virus, scale or filth that may be on such tools, towels or instrument,
in accordance with the rules and regulations of the state board of health, shall
be guilty of a misdemeanor and shall be punished as provided in this act. [L.
1919, c. 264, § 32.]
12
CHAPTER VI
OF THE PREVENTION OF TUBERCULOSIS
$ 8416. Physicians to File Report of Patients.
That every physician or other person practicing the art of healing shall
file with the state board of health a written report giving the names and
addresses of all persons afflicted with pulmonary tuberculosis (consumption),
concerning which he or she may be consulted as soon as the nature of the
disease is determined. [L. 1913, c. 115, $ 1.]
$ 8417. Duty of Persons to Report—Recording of Names and Address—Residence
Not to Be Changed Without Notice.
That any representative of a religious denomination or any householder, or
any nurse, parent, guardian, or other person attending or in any way having
knowledge of the existence of a case of pulmonary tuberculosis, including the
person afflicted therewith, must immediately report the same to the state
board of health.
The names and addresses of all persons afflicted with pulmonary tubercu-
losis shall be recorded in the office of the state board of health, and it shall
be unlawful for any person suffering from this disease to change his or her
residence, or to be removed therefrom until the state board of health has been
notified, so that [the] vacated residence may be fumigated. [L. 1913, c. 115,
§§ 2, 3; L. 1919, c. 264, § 35.]
§ 8418. Duty of Other Person to Report Change of Residence of.
It shall be the duty of any physician or any representative of a religious
denomination, or any householder, nurse, parent, guardian or other person
having knowledge of a change of residence of any person afflicted with pul-
monary tuberculosis to report the same to the state board of health. [L. 1913,
c. 115, § 4 ; L. 1919, c. 264, § 36.]
$84.19. Fumigation or Disinfection of Furniture, Etc.—Not to Be Sold Without.
No furniture, bedding, or other materials used by a person afflicted with
pulmonary tuberculosis shall be sold, delivered or used by any other person
until such furniture, bedding, or material has been fumigated. Fumigation or
disinfection shall be in accordance with rules prescribed by the state board
of health. [L. 1913, c. 115, § 5; L. 1919, c. 264, § 37; see also $6, c. 268, L.
1923.]
$ 8420. Owner of Premises to Fumigate.
Any person owning a house rented to or occupied by a person afflicted with
tuberculosis shall fumigate or disinfect the same forthwith upon the leaving
of the house by such person. [L. 1913, c. 115, § 6.]
$ 8421. Books of Public Library Not to Be Loaned.
No books shall be loaned from a public library to any person afflicted with
pulmonary tuberculosis or to any person living in a residence where a case of
pulmonary tuberculosis exists. [L. 1913, c. 115, $ 7.]
$8422. Penalty for Violating Act.
(See $ 8516.)
13
CHAPTER VII
OF VENEREAL DISEASES
$8423, Venereal Diseases Declared Communicable Diseases.
That syphilis, gonorrhea and chancroid, hereinafter designated as venereal
diseases, are hereby declared to be communicable and dangerous to the
public health. It shall be unlawful for any one infected with these diseases or
any of them to expose another person to infection. [L. 1919, c. 264, § 56.]
$8424. Venereal Diseases to Be Reported by Physicians and Others.
Any physician or other person who makes a diagnosis in or treats a case of
Venereal disease, and any superintendent or manager of a hospital, dispensary,
or charitable or penal institution in which there is a case of venereal disease,
shall make a report of such case to the health authorities in accordance with
the rules and regulations of the state board of health. [L. 1919, c. 264, § 57.]
$8425. Persons Infected With Venereal Diseases—Examination of—Quarantine of.
State, county and municipal health officers, or their authorized deputies,
within their respective jurisdictions, are hereby directed and empowered, when
in their judgment it is necessary to protect the public health, to make examina-
tions of persons reasonably suspected of being infected of [with] venereal
disease, and to detain such persons until the results of such examinations are
known; to require persons infected with venereal disease to report for treat-
ment to a reputable physician and continue treatment until cured, or to submit
to treatment provided at public expense until cured, and also, when in their
judgment it is necessary to protect the public health, to isolate or quarantine
persons infected with venereal disease. It shall be the duty of all local and
state health officers to investigate sources of infection of venereal disease, to
cooperate with the proper officials whose duty it is to enforce laws directed
against prostitution, and otherwise to use every proper means for the repression
of prostitution. [L. 1919, c. 264, § 58.]
§ 8426. Examination of Persons in Prisons, and Treatment if Found to Have
Venereal Disease.
All persons who shall be confined or imprisoned in any state, county or city
prison in the state shall be examined for and, if infected, treated for venereal
diseases by the health authorities or their deputies. The prison authorities of
any state, county or city prison are directed to make available to the health
authorities such portion of any state, county or city prison as may be necessary
for a clinic or hospital wherein all persons who may be confined or imprisoned
in any such prison and who are infected with venereal disease, and all such per-
sons who are suffering with venereal disease at the time of the expiration of
their term of imprisonment, and, in case no other suitable place for isolation or
quarantine is available, such other persons as may be isolated or quarantined
under the provisions of section 8426 shall be isolated and treated at public
expense until cured, or, in lieu of such isolation any of such persons may, in the
discretion of the board of health, be required to report for treatment to a
licensed physician, or submit to treatment provided at public expense as pro-
vided in section 8426; provided, that all persons treated voluntarily or other-
wise at public expense shall remain under such parole for one year as required
by the rules and regulations of the state board of health. Nothing herein con-
tained shall be construed to interfere with the service of any sentence imposed
by a court as a punishment for the commission of crime. [L. 1919, c. 264, § 59.]
NOTE–Where section 8426 is referred to in the above section, it is evident that
it should be section 8425, as it clearly appears that in the passage of this law,
which is section 59 of chapter 264, Laws of 1919, a mistake was made in referring
to section 59 thereof instead of section 58 thereof.
14
$8427. State Board of Health Empowered to Make Rules and Regulations.
The state board of health is hereby empowered and directed to make such
rules and regulations as shall in its judgment be necessary for the carrying out
of the provisions of this act, including rules and regulations providing for the
control and treatment of persons isolated or quarantined under the provisions
of section 8425, and such other rules and regulations not in conflict with pro-
visions of this act, concerning the control of venereal diseases, and concerning
the care, treatment and quarantine of persons infected therewith, as it may
from time to time deem advisable. All such rules and regulations so made shall
be of force and binding upon all county and municipal health officers and other
persons affected by this act, and shall have the force and effect of law. [L.
1919, c. 264, § 60.]
$ 8428. Advertising to Cure Sexual Diseases, Etc., Forbidden.
That it shall be unlawful for any person, or persons, firm, corporation or
association, except boards of health, or agencies approved by the state board of
health, to publish, deliver or distribute, or cause to be published, delivered or
distributed in any manner whatever, or to permit placards or posters to be or
remain on buildings or outhouses or premises controlled by him containing an
advertisement concerning venereal disease, lost manhood, lost vitality,
impotency, sexual weakness, seminal emissions, varicocele, self abuse or oxces-
sive sexual indulgence and calling attention to a medicine, article or prepara-
tion that may be used therefor or to a person or persons from whom, or an
office or place at which information, treatment or advice may be obtained. [L.
1919, c. 264, § 61.]
§ 8429. No Drugs or Preparations to Be Sold for Treatment of any Venereal
Disease, Except Upon Prescription of Physician.
It shall be unlawful for any druggist or other person to sell any drug, com-
pound or specific preparation of any kind used for, or reasonably intended to
be used for, the cure or treatment of any venereal disease, except upon the
prescription of a regularly licensed physician. [L. 1919, c. 264, § 62.]
15
CHAPTER VIII
INFLAMED EYES OF INFANTS
§ 8430. Inflamed Eyes of Infant to Be Reported to Health Officer—Duties of
Health Officer Upon Such Report.
Should one or both eyes of an infant become inflamed or swollen or red-
dened at any time within two weeks after birth, it shall be the duty of the
attending physician, midwife or nurse, or other person having the care of
such infant, to report in writing within 24 hours after the discovery thereof,
to the health officer or to a legally qualified practitioner of the city, town or
district in which the mother of the child resides, the fact that such inflammation
or swelling or redness exists.
That it shall be the duty of said health officer, immediately upon receipt of
said written report, to notify the parents or the person having charge of said
infant of the danger to the eye or eyes of said infant by reason of said condi-
tion from neglect of proper treatment of the same, and he shall also inclosé
to them directions for the proper treatment thereof. [L. 1915, c. 210, §§ 1, 2; L.
1919, c. 264, §§ 63, 64.]
$ 8431. Health Officer to Furnish Copy of Act to Nurses and Midwives.
Every health officer shall furnish a copy of this act to each person who is
}<nown to him to act as midwife or nurse in the city or town from which such
health officer is appointed, and the state board of health shall cause a sufficient,
number of copies of this act to be printed and supply the same to such health
officer on application. [L. 1915, c. 210, § 3; L. 1919, c. 264, § 65.]
16
CHAPTER XI
OF EUGENICS
§ 1. How Constituted—Secretary.
There is hereby established and constituted for the state of Oregon a
“state board of eugenics,” which shall be composed of the state board of
health, the superintendent of the Oregon state hospital, the superintendent of
the eastern Oregon state hospital, the superintendent of the state institution for
feeble-minded [and] the superintendent of the Oregon state penitentiary,
whose duties shall be as hereinafter defined. The secretary of the state board
of health shall serve as the secretary of said board, and the members of said
board shall serve without compensation.
§ 2. Quarterly Reports to, by Superintendents of State Boards.
It shall be and it hereby is declared the duty of the superintendent of the
Oregon state hospital, the superintendent of the state institution for feable-
minded and the superintendent of the Oregon state penitentiary and the state
health officer to report quarterly, on the first of January, April, July and
October, to the state board of eugenics, all persons, male or female, who are
feeble-minded, insane, epileptic, habitual criminals, moral degenerates and
sexual perverts, who are, or in his opinion are likely to become, a menace to
society. Whenever any person is convicted of the crime of rape, sodomy, or
the crime against nature, or any other crime specified in section 2099, Oregon
Laws, or of attempting to commit any of said crimes, the clerk of the court
shall forthwith transmit a certified copy of the record of the conviction of
such person to the state board of eugenics. [Amended by L. 1925, c. 198.]
§ 3. Examinations of Persons Reported—Sterilization,
It shall be the duty of the state board of eugenics to examine into the
innate traits, the mental and physical conditions, the personal records and the
family traits and histories of all of the persons so reported, so far as the
same can be ascertained, and for this purpose said board shall have the power
to subpena witnesses, which subpena shall be issued by said board and served
in like manner and with like effect as subpenas in criminal cases in the circuit
court, and any member of said board may administer an oath to any witness,
whom it is desired to examine in such proceeding; and if in the judgment of a
majority of said board procreation by such person would produce a child or
children having an inherited tendency to feeble-mindedness, insanity, epilepsy,
criminality or degeneracy, or who would probably become a social menace or
ward of the state, and there is no probability that the condition of such person
so investigated and examined will improve to such an extent as to avoid such
consequences, then it shall be the duty of such board to make an order embody-
ing its conclusions with reference to such person in said respects and specifying
such a type of sterilization as may be deemed by said board best suited to
the condition of said person and most likely to produce the beneficial results
in the respects specified in this section.
§ 4. Written Findings—Record of—Service of Copy.
After fully inquiring into the condition of each of such persons, said board
shall make separate written findings and conclusions for each of the persons
into whose condition it has examined, including its findings, conclusions and
order thereon as herein provided, and the same shall be preserved in the records
of said board and a copy thereof shall be furnished to the official who reported
the case, and if an operation be deemed necessary by said board for such
person so investigated, then a copy of the order of Said board recommending
such operation shall be served forthwith on said person, or in the case of an
17
Sig. 2
insane or feeble-minded person, upon his legal guardian, and if such person
have no legal guardian, then upon his nearest known kin, or personal friend,
within the state of Oregon, and if such person have no known kin or personal
friend, within the state of Oregon, then upon the custodian guardian of such
insane person.
§ 5. Purpose and Objects to be Sought.
Said investigation, findings and orders of said board shall be made with the
purpose in view of securing a betterment of the physical, mental, neural or
psychic condition of the person, or to protect society from the acts of such
person, or from the menace of procreation by such person, and not in any
manner as a punitive measure.
§ 6. Operations to Be Performed by Consent of Person Concerned.
If any person, whose condition has been examined and reported upon by
Said board, as hereinbefore provided, shall consent in writing to have the
operation specified in the order of said board performed, such operation shall
thereupon be performed upon said person by or under the direction of the
superintendent of the institution in which he is confined, if such person be an
inmate of any of the state institutions herein mentioned, or if he is not an
inmate of any of said institutions, such operation shall be performed by or
under the direction of the state health officer. All such operations shall be
performed with due regard for the physical condition of the person upon whom
it is performed and in a safe and humane manner. In case the person to be
operated upon be feeble-minded or insane, the consent hereinbefore in this section
mentioned shall be construed to mean not only the written consent of the
person to be operated upon but, in addition thereto, the written consent of such
person’s legal guardian, or if such person have no legal guardian, then the
written consent of such person’s nearest known kin or personal friend within
the state of Oregon, or if such person be insane, or feeble-minded, and have
neither legal guardian nor known kin or personal friend within the state of
Oregon, then the written consent of the custodian guardian of such insane or
feeble-minded person.
§ 7. If Consent not Given, Trial to be Had.
If any such person shall not consent, within twenty days from the service
of such order upon him, to the performance of such operation, said board of
eugenics, through its secretary, or other officer having charge of its records
and files, within fifteen days thereafter, or such further time as the court or
judge thereof may allow, shall file a transcript of its proceedings and of its said
findings, conclusions and order with reference to said person with the county
clerk of the county in which such person resides or may be found. Upon the
filing of such findings, conclusions and order with the county clerk, he shall
issue a summons directed to such person and deliver the same to the sheriff,
together with a copy of such order prepared and certified by him, and it shall
be the duty of said sheriff to forthwith serve said summons and copy of order
upon said person therein named, who shall be required, within twenty days after
such service upon him, to enter his appearance in writing with the county clerk
in such case, or by appearing in person before said clerk, who shall thereupon
enter the appearance of such person in Such proceeding. If he be an insane or
feeble-minded person such appearance may be made by his guardian, if he
have one; if not, then by his nearest of kin or near friend. If he be in any
other state institution, facilities shall be furnished him for making such
appearance.
18
$ 8. Court Procedure.
The issue thereby raised shall be whether the findings and conclusions of
said board shall be affirmed by the court, and shall be tried in the circuit court
of such county as a special proceeding in the same manner as a civil action at
law in which the state of Oregon shall be the plaintiff and the person so Sum-
moned shall be the defendant. Each party shall have the same rights as to
production of evidence and the case shall be tried in the same manner as any
other civil action. In all such cases the district attorney of the county where
such proceedings are tried shall appear and prosecute such action on behalf of
the state. If the defendant has no attorney and he is unable to secure one, the
court shall appoint an attorney from the membership of the bar of said county
to conduct his defense, and appeal, if any, be taken as hereinafter provided,
and such attorney shall be compensated by the state, upon order of the court.
Upon the request of either party to such proceeding all questions of fact shall
be tried by a jury, and the court in every instance shall have the testimony
fully reported at the expense of the state.
§ 9. Enforcement of Judgment.
If the findings and conclusions of the board of eugenics shall be affirmed by
the court, the defendant shall be immediately placed in custody by the sheriff of
said county, and may be admitted to bail by the court, who shall fix the amount
of such bail, and if not so admitted to bail, shall be held until the operation pro-
vided in such findings be performed.
§ 10. Appeal to Supreme Court—Manner—Time.
Either party to said proceedings may take an appeal from the circuit court to
the Supreme court of this state in the same manner and within the same
time, and with like effect, as appeals in other civil actions are taken, and such
case shall be tried in the Supreme court in the same manner as other appeals
in actions at law. If the defendant be represented by an attorney appointed by
the court, as hereinabove in section 8 provided, and, in the opinion of the court,
is financially unable to meet his part of the expense of an appeal, the defen-
dant’s actual and necessary expense of such appeal and prosecution thereof to
final decree by the supreme court shall be paid by the state upon order of said
circuit court.
§ 11. Expenses—State Liability.
The state shall be liable, under this act, except as hereinabove provided for,
only for the actual traveling expenses of the members of the board incurred in
the performance of their duties, and the actual and necessary expense incident
to the investigations of said board on appeal therefrom.
§ 12.
Nothing in this act shall be construed to empower or authorize the board of
eugenics, or its representatives, or the state health officer, or his repre-
sentatives or the superintendent of any of the four institutions mentioned in
sections 1 and 2 of this act, or his representatives, to interfere in any manner
with the individual’s right to select the physician of his choice; provided, that
such physician is in the judgment of the board of eugenics competent to per-
form such operation; nor to interfere with the practice of any person whose
religion treats or administers to the sick or suffering by purely spiritual
means; provided, such practice, treatment or administration shall not in any
way interfere with the operation of this act, a nd the carrying out of its
purposes. [L. 1923, c. 194.]
19
CHAPTER XII
OF PUBLIC WATER SUPPLY_UNDER CONTROL OF STATE BOARD
OF HEALTH
$8460. General Provisions Covering Drinking Water—State Board of Health to
Have General Control of all Inland Waters, and Make Rules and Regulations
—Advise as to Water Supply and Drainage and Sewerage.
In the interest of the public health, every person, company or municipal
corporation or agency thereof selling water to the public for drinking and
household purposes shall take every reasonable precaution to protect from
contamination and assure the healthfulness of such water, and any provisions
in any charters heretofore granted to such persons, companies, or municipal
corporations in conflict with the provisions of this section are hereby repealed.
The state board of health shall have the general oversight and care of all
inland waters, and shall from time to time, as it may deem advisable, cause
examinations of said waters and their sources and surroundings to be made
for the purpose of ascertaining whether the same are adapted for use as
water supplies for drinking and other domestic purposes, or are in a condition
likely to impair the interests of the public or of persons lawfully using the
same, or to imperil the public health. For the purpose aforesaid, it may employ
such expert assistance as may be necessary. The said board shall make such rea-
sonable rules and regulations as in its judgment may be necessary to prevent
contamination and to secure other purifications as may be required to safe-
guard the public health.
The state board of health shall from time to time consult with and advise
the boards of all state institutions, the authorities of cities and towns, corpora-
tions or firms already having or intending to introduce systems of water sup-
ply, drainage or sewerage, as to the most appropriate source of supply, the
best practical methods of assuring the purity thereof; or of disposing of their
drainage or sewage, having regard to the present and prospective needs and
interests of other cities, towns, corporations or firms which may be affected
thereby. [L. 1919, c. 264, § 97.]
$8461. Municipal Water Supplies—Plans Subject to Approval.
Any incorporated town or city in the state desiring to provide a new water
supply or to change, modify or extend an old water supply for drinking or
culinary purposes or for use in swimming pools or any person or corporation:
who shall undertake to provide a new water supply for a town or city or for
any number of persons exceeding ten families or a total of fifty persons shall,
before performing any work on the ground, other than making examination or
surveys for the preparation or provision of such water supply, submit to the
state board of health plans showing the source of the supply, and the trans-
mission and distribution systems, with further information as to the amount
proposed to be taken and transmitted, the drainage areas from which the
waters are to be derived, the purity and wholesomeness of the supply, the
kind and character of the works for gathering, storing and transmitting the
water, and the number of persons to be supplied, together with any additional
data which the board of health may require as in its judgment proper to enable
it to pass intelligently upon the effect of such water supply upon the public
health. No such work shall be undertaken or proceeded with until the board
of health shall have approved such plans, either as originally offered or as
modified pursuant to its requirements. [L. 1915, c. 73, § 1; L. 1919, c. 264, § 98.]
21
Sig. 3
$8462. Sewer Systems—Plans Subject to Approval of State Board of Health.
Any city or town in the state proposing a sewer system or any individual or
corporation proposing to install a system of sewerage or disposal of waste prod-
ucts for the use of more than five families or fifty persons shall, before under-
taking any work on the ground, other than making surveys and preliminary
plans, submit to the state board of health the full plans and specifications for the
system, showing particularly the location of the outfall and the streams or
other places of final disposal, and the method, if any, for the reduction, purifica-
tion, or use of the sewage. No such plan shall be proceeded with or work done
thereon until the plans and specifications either as originally proposed or
modified are approved by the state board of health. [L. 1915, c. 73, § 2; L. 1919,
c. 264, § 99.]
$8463. Condemnation Proceedings—For Water Systems—For Sewer Systems.
All municipalities operating water systems and sewer systems, and all
water companies operating under charter from the state or license from
municipalities, which may maintain public water supplies, may acquire by con-
demnation such lands and rights in lands and water as are necessary for the
successful operation and protection of their plants, said proceedings to be the
same as prescribed by law for acquiring right of way by railroad companies.
[L. 1919, c. 264, § 100.]
$8464. Right of Public Institutions to Enter Lands to Place Water Pipes and
Keep Them in Repair—Damages, How Determined.
For the purpose of providing water supplies, the directors or other lawful
managers of any public institution of the state may enter upon the lands
through which they desire to conduct their pipes for said purpose, and lay
them underground, and they at all times shall have the right to enter upon
said lands for the purpose of keeping the water line in repair and do all things
to that end.
If damages shall be claimed for the use of such lands, and the parties can
not agree as to the amount of compensation to be paid, they may proceed in the
manner now provided by law for railroad companies to procure right of Way.
[L. 1919, c. 264, §§ 101, 102.]
§ 8465. Analysis of Drinking Water—Samples Furnished—Sterilized When.
For the purpose of determining the purity of all water supply used for
culinary or drinking purposes used in the preparation of all articles for food
consumption by schools, towns, cities, or food manufacturers, there shall be
submitted monthly, or oftener if required, to the state board of health labora-
tory, officially collected samples of such water by the county and city health
officers in their respective districts; said laboratory to report the result of its
analysis to the said county or city health office, and when such water is con-
demned as unfit for the purposes intended the users thereof shall be notified
and such water shall not be used without its being sterilized until its purity is
reestablished, in accordance with the rules and regulations of the state board
of health. [L. 1919, c. 264, § 103.]
§ 8466. Inspection of Entire Watershed of Surface Water Supply—How and
When Made.
Any waterworks, municipal or privately owned, that derive their water
from a surface supply shall have a quarterly sanitary inspection of the
entire watershed, except in those cases where the supply is taken from large
creeks or rivers that have a minimum daily flow of 10,000,000 gallons, in
which case the inspection shall apply to the fifteen miles of watershed
above the waterworks intake. Such municipalities or water companies shall
cause to be made a sanitary inspection of any particular locality on said
22
watershed at least once in every week, whenever in the opinion of the board of
health of the city or town to which the water is supplied or in the opinion of
the county health officer or of the state board of health, there is special rea-
son to apprehend the infection of the water from that particular locality. The
inspection of the entire watershed as herein provided for shall include a partic-
ular examination of the premises of every inhabited house on the watershed,
and, in passing from house to house, a general inspection for dead bodies of
animals or accumulation of filth. It is not intended that the term “entire
watershed” shall include uninhabited fields and wooded tracts that are free
from suspicion. The inspection shall be made by an employe of and at the
expense of said water company in accordance with reasonable instructions as to
methods, scope, and details, to be furnished by the secretary of [the] state
board of health. The said sanitary inspector shall give in person to the head
of each household on said watershed, or, in his absence, to some member of
said household, the necessary directions for the proper sanitary care of his
premises. It shall further be the duty of said inspector to deliver to each
family residing on the watershed such literature on pertinent sanitary sub-
jects as may be supplied him by the municipal health officer or by the secre-
tary of the state board of health. Full reports in duplicate of all such inspec-
tions shall be made promptly to the secretary of the state board of health
and their accuracy certified to by the affidavit of the inspector, or such officer
or person as the said secretary may direct. [L. 1919, c. 264, § 104.]
$8467. Penalty for Failure to Make Sanitary Inspection of Watersheds,
Failure on the part of those having in charge the management of public
water supplies to comply with the law requiring sanitary inspections of water-
sheds shall be a misdemeanor; provided, the said official does not prove to the
satisfaction of the court that, in spite of reasonable effort and diligence on his
part, he was prevented, directly or indirectly, by his superiors from doing his
duty in this respect; in which case the said superior officer shall be deemed
guilty of a misdemeanor. [L. 1919, c. 264, § 105.]
§ 8468. Powers of Sanitary Inspector to Enter Premises, Etc.
Each sanitary inspector herein provided for is authorized and empowered
to enter upon any premises and into any building upon his respective watershed
for the purpose of making the inspections required. [L. 1919, c. 264, § 106.]
$ 8469. Duty of Persons on Watershed—Penalty.
Every person residing on or owning property on the watershed of a lake,
pond, or stream from which a drinking supply is obtained shall carry out such
reasonable instructions as may be furnished him in the matter hereinbefore
set forth directly by the municipal health officer or by the state board of health.
Anyone refusing or neglecting to comply with the requirements of this section
shall be guilty of a misdemeanor. [L. 1919, c. 264, § 107.]
$ 8470. Discharge of Sewage—Injunction.
No person, firm, corporation or municipality shall flow or discharge sewage
or waste water above the intake into any drain, brook, creek or river from
which a public drinking water supply is taken, unless the same shall have been
passed through some well known system of sewage purification approved by
the state board of health; and the continued flow and discharge of such sewage
may be enjoined upon application of any person. [L. 1919, c. 264, § 108.]
§ 8471. Requirements of Disposal of Sewage by Schools, Hamlets, Etc., Located
on Watershed of any Public Water Supply—Penalty.
All schools, hamlets, villages, towns or industrial settlements which are
now located or may be hereafter located on the shed of any public water
supply, not provided with a sewage system, shall provide and maintain a rea-
23
Sonable system approved by the state board of health for collecting and dispos-
ing of all accumulations of human excrement within their respective jurisdiction
or control. Anyone refusing or neglecting to comply with the requirements of
this section shall be guilty of a misdemeanor. [L. 1919, c. 264, § 109.]
$ 8472. Location of Cemetery on Watershed.
No burying ground or cemetery shall be established on the watershed of any
public water supply nearer than 500 yards of the source of supply. [L. 1919,
c. 264, § 110.]
$ 8473. Inspection of Watersheds, and Examinations of Water Supplies by State
Board of Health.
As a check and guarantee of the faithful performance of the requirements
laid down in sections 8460 to 8472, inclusive, the state board of health shall make
or have made by its authorized agents such inspections of watersheds and such
chemical and bacteriological examinations of the public water supplies of the
state as may be deemed necessary to insure their purity. Should such inspec-
tion or examination show conditions dangerous to the public health, the
secretary of the said state board of health shall notify the mayor, the municipal
health officer and the superintendent or manager of the waterworks at fault
and demand the immediate correction of said dangerous conditions. [L. 1919,
c. 264, § 111.]
$ 8474. Injury to Water Line, or Contamination of Water—Penalty.
If any person shall in any way intentionally or maliciously damage or
obstruct any water line of [a] public institution, or in any way contaminate or
render the water impure or injurious, he shall be guilty of a misdemeanor.
[L. 1919, c. 264, § 112.]
$ 8475. Corruption of Water Supply—Penalty,
Any person who shall place or cause to be placed within any watershed, from
which any city or municipal corporation of this state or any adjoining state
obtains its water supply, any substance which either by itself or in connection
with other matter will corrupt, pollute or impair the quality of said water
supply, or the owner of any dead animal who shall knowingly leave or cause to
be left the carcass or any portion thereof within any such watershed in such
condition as to in any way corrupt or pollute such water supply, shall be
deemed guilty of a misdemeanor. [L. 1919, c. 264, § 113.]
$ 8476. Pollution of Streams, Etc.—Penalty.
Any person or persons who shall place or cause to be placed any part of the
carcass of any dead animal, excrement, putrid, nauseous, noisome, decaying,
deleterious or offensive substance into any river, creek, pond, road, street, alley,
lane, lot, field, meadow or common, or if the owner or owners thereof shall
knowingly permit same to remain in any of the aforesaid places to the injury
of the health or to the annoyance of any citizen of this state, shall be guilty
of a misdemeanor; and every twenty-four hours after conviction therefor dur-
ing which said person may permit the same to remain, shall be deemed an
additional offense against this section. [L. 1919, c. 264, § 114.]
$ 8477. Offensive and Injurious Practices—Penalty.
Any person who shall put any dead animal carcass or part thereof, excre-
ment, putrid, nauseous, noisome, decaying, deleterious or offensive substance
into, or in any other manner not herein named, befouls, pollutes or impairs
the quality of any spring, river, brook, creek, branch, well, cistern or pond of
water which is or may be used for domestic purposes or to which cattle, horses,
or other kind of domestic stock have access, or shall put any such dead animal
24
carcass, or part thereof, excrement, putrid, nauseous, noisome, decaying, del-
eterious or offensive substance within one-half mile of any dwelling house or
public highway and leave the same without proper burial, or, being in the
possession or control of any land, shall knowingly permit or suffer any such
dead animal carcass, or part thereof, excrement, putrid, nauseous, noisome,
decaying, deleterious or offensive substance to remain without proper burial
upon such premises, within one-half mile of any dwelling house or public
highway whereby the same becomes offensive to the occupants of such dwelling
or the traveling public, he shall be deemed guilty of a misdemeanor. [L. 1919,
c. 264, § 115.]
§ 8480. Bacteriological Examination by Laboratory of State Board of Health
of Water, Milk, Etc.—For Whom.
For the better protection of the public health the laboratory of the state
board of health shall make such bacteriological examinations of water, milk,
blood, secretions and tissues required by any state, county or city institution,
or officer, or for any regularly licensed physician in accordance with the rules
and regulations of the state board of health. [L. 1919, c. 264, § 118.]
$ 8481. Protection of Water Supply.
For the purpose of protecting the water furnished to the inhabitants of
towns and cities within this state from pollution, the said towns and cities are
hereby given jurisdiction over all property acquired, owned, and occupied by
the works, reservoirs, systems, springs, branches and pipes, by means of
which, and of all the lakes, rivers, springs, streams, creeks or tributaries
acquired by said towns and cities constituting the sources of supply from which
such cities or towns or the companies or individuals furnishing water to the
inhabitants of such cities or towns obtain their supply of water, or store or
conduct the same, and over all property acquired for any of the foregoing
works or purposes or for the preservation and protection of the purity of the
water supply, and over all property acquired and owned by said towns and cities
within the areas draining into the lakes, rivers, springs, streams, creeks or
tributaries constituting such sources of Supply whether the same, or any
thereof, be within the corporate limits of such town or city or outside thereof;
and authority is hereby conferred upon such towns and cities to prescribe by
ordinance what acts shall constitute offenses against the purity of such water
supply and the punishment or penalties therefor and to enforce said ordinances;
and the mayor or authorities having control of the water system of such town
or city is hereby authorized to appoint special policemen, with such compensa-
tion as the proper authorities of said town or city may fix, who shall, after
taking oath, have the powers of constables under the laws of this state, and
who may arrest with or without warrant any person committing, within the
territory over which such town or city is given jurisdiction by this act, any
offense declared by law of this state, or by any ordinance of such town or city,
against the purity of such water Supply, or any violation of any rule or regula-
tion lawfully promulgated by the “state board of health,” or the authorities
having control of the water system of any such town or city, for the protection
of the purity of such water supply. Such policeman shall be, and he is hereby,
authorized to forthwith take any such person arrested for any such offense or
violation aforesaid, before any court having jurisdiction thereof to be proceeded
with according to law. Every such special policeman shall, when on duty, wear in
plain view a badge or shield bearing the words “Special police” and the name
of the town or city for which he shall be appointed as aforesaid. [L. 1919,
c. 183, § 1.] tº
$8482. Pollution Prohibited—Removal of Nuisance—Penalty.
The establishment or maintenance of any slaughter pen, stock feeding
yards, hog pens, or the deposit or maintenance of any uncleanly or unwholesome
substance, or the conduct of any business or occupation, or the allowing of any
condition upon or sufficiently near the sources from which the supply of Water
for the inhabitants of any such city or town is obtained, or where such water
is stored, or the property or means through which the same may be conveyed
or conducted so that such water would be polluted or the purity of such water
or any part thereof destroyed or endangered, is hereby prohibited and declared
to be unlawful, and is hereby declared to be and constitute a nuisance, and
and as such to be abated as other nuisances are abated under the provisions of
the existing laws of the state of Oregon, or under the laws which may be here-
after enacted in relation to the abatement thereof; and that any person or per-
sons who shall do, establish, maintain or create any of the things hereby pro-
hibited for the purpose of or which shall have the effect of polluting any such
sources of water supply, or water, or endangering the purity thereof, or shall
do any of the things hereby declared to be unlawful, shall be deemed guilty of
creating and maintaining a nuisance, and may be prosecuted therefor, and upon
conviction thereof may be fined in any sum not exceeding $500. [L. 1919, c. 183,
§ 2.]
$ 8483. Prosecutions for Nuisances.
If upon the trial of any person or persons for the violation of any of the
provisions of this chapter such person or persons shall be found guilty of creat-
ing or maintaining a nuisance as hereby defined, or of violating any of the pro-
visions of this chapter, it shall be the duty of such person or persons to forth-
with abate such nuisance, and in the event of their failure to do so within one
day after such conviction, unless further time be granted by the court, a war-
rant shall be issued by the court wherein such conviction was obtained,
directed to the sheriff of the county in which such nuisance exists, and the
sheriff shall forthwith proceed to abate the said nuisance and the costs thereof
shall be taxed against the party so convicted as a part of the costs of such case.
[L. 1919, c. 183, § 3.]
$ 8484. Duty of Health Officers.
It is hereby made the duty of the city health officer, city physician, board
of public health, mayor of the city or such other officer as may have the san-
itary condition of such city or town in charge, or charge of the water system
or supply of any such city or town, to see that the provisions of this chapter
are enforced and upon complaint being made to any such officer to immediately
investigate the said complaint and if the same shall appear to be well founded
it shall be, and is hereby, declared to be the duty of such officer to proceed and
file a complaint against the person or persons violating any of the provisions
of this chapter and cause the arrest and prosecution of such person or persons.
[L. 1919, c. 183, § 4.]
$8485. Injunction Proceedings.
Any city supplied with water from any source of supply as hereinbefore
mentioned, or any corporation owning waterworks for the purpose of supplying
any city or the inhabitants thereof with water in the event that any of the
provisions of this chapter are being violated by any person, may, by civil action
in the circuit court of the proper county, have the maintenance of the nuisance
which pollutes or tends to pollute the said water, as provided for by section
8482, enjoined, and such injunction may be perpetual. [L. 1919, c. 183, § 5.]
26
CHAPTER XIII
OF VITAL STATISTICS.–STATE SYSTEM OF REGISTRATION OF
BIRTHS AND DEATHS AND MARRIAGES
$ 8486. State Board of Health to Have Charge of Registration of Births and
Deaths.
That it shall be the duty of the state board of health to have charge of the
state system of registration of births and deaths and to prepare the necessary
rules, forms and blanks for obtaining records and to insure the faithful regis-
tration of the same. The secretary of the state board of health shall be ex
officio state registrar and shall have general supervision over the system of
vital statistics, hereby authorized, and shall be charged with the uniform and
thorough enforcement of this law throughout the state, and shall, from time
to time, recommend any additional forms and amendments that may be neces-
sary. The state board of health is authorized to appoint, when necessary, an
assistant state registrar who shall be assistant secretary of the state board of
health, and to employ the necessary clerical assistants to properly record, index
and classify the returns of vital statistics herein provided for. [L. 1915, c. 268,
§ 1; L. 1919, c. 264, § 119.]
$ 8487. State Divided Into Registration Districts.
That for the purpose of this act the state shall be divided into registration
districts as follows: Each city and incorporated town of 2,000 population and
over, and each county with a population of less than 5,000 inhabitants, exclusive
of the cities of 2,000 population, shall constitute a primary registration district,
and each county, exclusive of the portion included within cities and incorpo-
rated towns, as above provided, shall be subdivided by the state registrar
into districts in such manner as may appear necessary for the convenience
of the people and each such district shall constitute a primary registration
district, and each primary registration district shall be numbered by the state
registrar. [L. 1915, c. 268, § 2; L. 1919, c. 264, § 120; L. 1923, c. 66, § 1.]
$ 8488. Health Officers of Certain Cities to Be Local Registrar.
The health officer of each city and incorporated town of 2,000 population
and over shall be the local registrar in and for such primary registration dis-
trict, and shall perform all the duties of local registrar as hereinafter pro-
vided; provided, however, he shall receive no additional compensation therefor.
The health officer of each county of less than 5,000 population, exclusive of the
cities of 2,000 population, shall be the local registrar in and for such registra-
tion district, and shall perform all the duties of local registrar as hereinafter
provided; provided, however, he shall receive no additional compensation there-
for. FL. 1915, c. 268, § 3; L. 1917, c. 384, § 1; L. 1919, c. 264, § 121; L. 1923, c.
66, § 2.]
County Clerk to Report Number of Marriage Licenses Issued and Marriage
Contracts Dissolved. -
It shall hereafter be the duty of the county clerk of each county to report
to the secretary of the state board of health, not later than the tenth day of
each and every month, the number of marriage licenses issued and the number
of marriage contracts dissolved during the preceding month within such county,
together with such facts relating thereto as may be provided for by blanks
furnished to such clerk by the secretary of the state board of health. These
reports, so received, shall be filed, compiled and registered by the secretary of
the Oregon state board of health and shall become permanent public records.
[L. 1905, c. 120, $4; L. O. L., § 4698; L. 1919, c. 264, § 122; L. 1925, c. 229.]
27
§ 8490. Permit for Burial, Disinterment, Removal of Dead Bodies, and to Bring
Body Into State—Temporary Removal of Body by Embalmer.
That it shall be unlawful for any person to inter, deposit in a vault, grave or
tomb, cremate or otherwise dispose of, or disinter or remove from one registration
district to another, or hold for more than seventy-two hours after death, the
body or remains of any persons whose death occurred in this state or any body
which shall be found in this state, without obtaining from the local registrar of
the district in which the death occurred, or in which the body was found, and
having a permit for the burial, disinterment or removal of such body; provided,
that any licensed embalmer of this state may temporarily remove any such body
of a person dying in this state from the place where death occurred outside
the corporate limits of any city or town of 2,000 population or more to another
registration district for the purpose of preparing the same for burial without
having first obtained a removal permit, but in such case the embalmer shall,
at the time of Securing the burial, removal or transit permit for such body,
file with the registrar from whom such permit is secured, upon a blank to be
furnished by the state registrar, a certificate in writing of such temporary
removal, signed by the embalmer, and it shall be unlawful for any person to
bring into or transport within the state, or inter, deposit in a vault, grave or
tomb, or cremate or otherwise dispose of the body or remains of any person
whose death occurred outside the state unless such body or remains be accom-
panied by a removal or transit permit issued in accordance with the law and
health regulations in force where the death occurred, or unless a special permit
for bringing such body into this state shall be obtained from the state registrar.
[L. 1915, c. 268, § 4; L. 1919, c. 264, § 123.]
$ 8491. Stillborn Child to Be Registered—Births and Deaths.
The stillborn children or those dead at birth shall be registered as births
and also as deaths, and a certificate of both the birth and the death be filed
with the local registrar in the usual form and manner, the certificate of birth to
contain, in place of the name of the child, the word “stillbirth”; provided, that
a certificate of birth and a certificate of death shall not be required for a child
that has not advanced to the fifth month of uterogestation. The medical cer-
tificate of the cause of death shall be signed by the attending physician or mid-
wife, if any, and shall state the cause of death as “stillborn,” with the cause of
the stillbirth, if known, whether a premature birth, and, if born prematurely,
the period of uterogestation, in months, if known; and a burial or removal per-
mit in usual form shall be required. [L. 1915, c. 268, § 5; L. 1919, c. 264, § 124.]
NOTE–Stillbirths are reported on One form combining a birth and death
Certificate.
$ 8492. Certificate of Death—Contents of—By Whom Made.
That the certificate of death shall contain the following items:
(1) Place of death, including state, township or town, village or city. If
in a city, the ward, street and house number. If in a hospital or other institu-
tion, the name of the same to be given instead of the street and house number.
If in an industrial camp, the name to be given.
(2) Full name of decedent. If an unnamed child, the surname preceded by
“unnamed.”
(3) Sex. .
(4) Color or race, as white, black (negro or negro descent), Indian, Chi-
nese, Japanese or other. . -
(5) Conjugal condition, as single, married, widowed or divorced.
(6) Date of birth, including year, month and day.
(7) Age in years, months and days.
(8) Place of birth, state or foreign country.
(9) Name of father.
28
(10) Birthplace of father, state or foreign country.
(11) Maiden name of mother.
(12) Birthplace of mother, state or foreign country.
(13) Occupation. The occupation to be reported of any person who had
any remunerative employment, women as well as men. .
(14) Signature and address of informant.
(15) Date of death, including the year, month and day.
(16) Statement of medical attendants on decedent, fact and time of death,
including the last time seen alive.
(17) Cause of death, including the primary and immediate causes, and con-
tributory causes or complications, if any, and duration of each.
(18) Signature and address of physician or official making the medical
certificate.
(19) Special information concerning deaths in hospitals and institutions,
and of persons dying away from home, including the former or usual residence,
length of time, and place of death, and place where disease was contracted.
(20) Place of burial or removal.
(21) Date of burial or removal.
(22) Signature and address of undertaker.
(23) Official signature of registrar, with date when certificate was filed,
and registered number.
The personal and statistical particulars, items (1) to (13), shall be
authenticated by the signature of the informer, who may be any competent
person acquainted with the facts.
The statement of facts relating to the disposition of the body shall be signed
by the undertaker or person acting as such.
The medical certificate shall be made and signed by the physician, if any,
last in attendance on the deceased, who shall specify the time in attendance, the
time he last saw the deceased alive, and the hour of the day at which death
occurred. And he shall further state the cause of death, so as to show the
cause of disease or sequence of causes resulting in death, giving the primary
and immediate causes, and also the contributory causes, if any, and the dura-
tion of each. Indefinite and unsatisfactory terms, indicating only symptoms of
disease or conditions resulting from disease, will not be held as sufficient for
issuing a burial or removal permit; and any certificate containing only such
terms as defined by the state registrar as indefinite and unsatisfactory shall
be returned to the physician for correction and definition. Causes of death
which may be the result of either disease or violence, shall be carefully defined;
and, if from violence, its nature shall be stated, and whether accidental, suicidal
or homicidal, and in case of death in hospitals, institutions or away from
home, the physician shall furnish the information required under this head
(item 19), and shall state where, in his opinion, the disease was contracted.
[L. 1915, c. 268, § 6; L. 1919, c. 264, § 125.]
$8493. Where Death Occurs Without Medical Attendance—Reports—Investigation.
That in case of any death occurring without medical attendance forty-eight
hours prior thereto, and under circumstances not requiring an investigation by
the coroner, it shall be the duty of the undertaker, or any person acting as
such, to notify the local registrar of the registration district where such death
occurs, of such death, and the local registrar shall at once investigate the
circumstances of the case and make a certificate and return of death, noting
upon the certificate the fact that such death occurred without medical
attendance forty-eight hours prior thereto; provided, if the local registrar is not
a qualified physician, and the cause of death is obscure or uncertain, the local
registrar shall refer the case to the health officer having jurisdiction over the
locality, where the death occurred for certification; and provided further, that
29
if the circumstances of the case render it probable that the death was caused by
unlawful means, the local registrar shall refer the case to the coroner. [L. 1915,
c. 268, § 7; L. 1917, c. 384, § 2; L. 1919, c. 264, § 126.]
§ 8494. Duty of Undertaker to Obtain and File Certificate of Death—Burial
Permit—Persons Selling Casket to Keep Record of Sale.
That it shall be the duty of every undertaker, or person acting as under-
taker, to obtain a certificate of death and file the same with the local registrar,
and secure a burial or removal permit, prior to any permanent disposition of
the body. He shall obtain the personal and statistical particulars required, from
the person best qualified to supply them, over the signature and address of
such person, or state over his own signature that after careful inquiry he
could not obtain such particulars. He shall then present the certificate to the
attending physician, if any, or in case the death occurred without any medical
attendance, to the proper official for certification as hereinabove provided, for
the medical certificate of the cause of death and other particulars necessary to
complete the record as hereinabove provided. And he shall state the facts
required relative to the date and place of burial, over his signature and with
his address, and present the completed certificate to the local registrar, for
the issuance of a burial or removal permit. The undertaker shall deliver the
burial permit to the Sexton, or person in charge of the place of burial, or if
there be no one in charge, then to the local registrar of the district in which the
burial takes place, before interring the body; or shall attach the transit permit
containing the local registrar's removal permit to the box containing the corpse
when shipped by any transportation company, and said permit shall accompany
the corpse to its destination; provided, that when a body is removed from one
registration district in Oregon to another for interment, cremation or other
permanent disposition not requiring the use of a common carrier or the issuance
of a transit permit, the registrar’s removal permit from the district where death
occurred may be accepted as authority for burial in the other district. It shall
be the duty of every person, firm or corporation selling a casket to keep a record
showing the name and postoffice address of the purchaser, the name of the
deceased and the date and place of death of the deceased, which record shall be
open to inspection of the state registrar at all times, and it shall be the duty
of every person, firm or corporation selling caskets, to report, on the first day
of each month, to the state registrar each sale for the preceding month, on a
blank provided for that purpose; provided, however, that no person, firm or
corporation selling caskets to dealers or undertakers only shall be required to
keep such record. It shall be the duty of every person, firm or corporation
selling a casket at retail, and not having charge of the disposition of the body,
to inclose within the casket a notice furnished by the state registrar calling
attention to the requirements of the law, a blank certificate of death, and a
copy of the rules and regulations of the state board of health concerning
the burial or other disposition of dead bodies. [L. 1915, c. 268, $8; L. 1919, c.
264, § 127.]
$ 8495. Contents of Burial Permit.
That if the interment, or other disposition of the body, is to be made within
the state, the wording of the burial permit may be limited to a statement by the
local registrar and over his signature, that a satisfactory certificate of death
having been filed with him, as required by law, permission is granted to inter,
remove or otherwise dispose of the deceased; stating the name, age, sex, cause
of death, and other necessary details upon the form prescribed by the state
registrar. [L. 1915, c. 268, § 9; L. 1919, c. 264, § 128.]
30
$ 8496. Duties of Persons in Charge of Premises Where Bodies Are Interred.
That it shall be unlawful for any person in charge of any premises in
which bodies of deceased persons are interred, cremated, or otherwise perma-
nently disposed of, to permit the interment, cremation or other disposition of
any body upon such premises unless it is accompanied by a burial, removal, or
transit permit as hereinabove provided. It shall be the duty of the person in
charge of any such premises to, in case of the interment, cremation or other
disposition of a body therein, indorse upon the permit the date and character
of such disposition, over his signature, to return all permits so endorsed to the
local registrar of his district within ten days from the date of such disposition,
and to keep a record of all bodies disposed of on the premises under his charge.
stating in each case, the name of the deceased person, if known, the place of
death, the date of burial or other disposition, and the name and address of the
undertaker, which record shall at all times be open to public inspection; and it
shall be the duty of every undertaker, or person acting as such, when burying a
body in a cemetery or burial grounds having no person in charge, to sign the
burial, removal or transit permit, giving the date of burial, write across the
face of the permit the words “no person in charge,” and file the burial request
or transit permit within ten days with the registrar of the district in which
the cemetery is located. [L. 1915, c. 268, § 10; L. 1919, c. 264, § 129.]
$ 8497. Registration of Births.
That all births that occur in the state shall be immediately registered in the
districts in which they occur, as hereinafter provided. [L. 1915, c. 268, § 11;
L. 1919, c. 264, § 130.]
$ 8498. Duty of Physician and Midwife to File Certificate of Birth.
That it shall be the duty of the attending physician or midwife to file a
certificate of birth, properly and completely filled out, giving all of the par-
ticulars required by this act, with the local registrar of the district in which
the birth occurred, within ten days after the date of birth. And if there be
no attending physician or midwife, then it shall be the duty of the father or the
mother of the child, householder or owner of the premises, manager or superin-
tendent of public or private institution in which the birth occurred, to notify
the local registrar, within ten days after the birth, of the fact of such birth
having occurred. It shall then, in such case, be the duty of the local registrar to
secure the necessary information and signature to make the proper certificate
of birth. [L. 1915, c. 268, § 12; L. 1919, c. 264, § 131.]
$ 8499. Certificate of Birth–Contents of.
That the certificate of birth shall contain the following items:
(1) Place and date of birth, including state, county, township or town,
village or city. If in a city, the ward, street and house number; if in a hospital
or other institution, the name of the same to be given, instead of the street and
house number.
(2) Full name of the child. If the child dies without a name, before the cer-
tificate is filed, enter the words “died unnamed.” If the living child has not
been named at the date of filing certificate of birth, the space for “full name
of child” is to be left blank, to be filled out subsequently by a supplemental
report, as hereinafter provided.
(3) Sex of child.
(4) Whether a twin, triplet, or other plural birth. A separate certificate
shall be required for each child in case of plural birth, giving the number of
child in order of birth.
(5) Whether legitimate or illegitimate.
(6) Name of father.
31
(7) Residence of father.
(8) Color or race of father.
(9) Birthplace of father.
(10) Age of father at last birthday, in years.
(11) Occupation of father.
(12) Maiden name of mother, in full.
(13) Residence of mother.
(14) Color or race of mother.
(15) Birthplace of mother.
(16) Age of mother at last birthday, in years.
(17) Occupation of mother.
(18) Number of child of this mother, and number of children of this
mother now living. -
(19). Whether precautions were taken against ophthalmia neonatorum.
(20) Whether alive or stillborn.
(21) Signature and address of physician or person reporting.
(22) Name of registrar.
(23) Date of filing.
[L. 1915, c. 268, § 13; L. 1917, c. 384, § 3; L. 1919, c. 264, § 132.]
$ 8500. Certificate, When Complete.
That when any certificate of birth of a living child is presented without
statement of the given name, it shall be the duty of every local registrar to
make out and deliver to the parents of such child a special blank for the sup-
plemental report of the given name of the child, which shall be filled out as
directed and returned to the registrar as soon as the child has been named.
The original certificate of birth shall not be considered complete until the sup-
plemental report is filed or the blank returned with the statement “died
unnamed.” [L. 1915, c. 268, § 14; L. 1919, c. 264, § 133.]
$ 8501. Physicians, Midwives and Undertakers to Register.
That every physician, midwife, and undertaker shall, without delay, register
his or her name, address and occupation with the local registrar of the district
in which he or she resides or may hereafter establish a residence; and shall
thereupon be supplied by the local registrar with a copy of this act, together
with such rules and regulations as may be prepared by the state registrar
relative to its enforcement. Within thirty days after October 1 of each year
each local registrar shall make a return to the state registrar of all physicians
and midwives who have been registered in his district during the whole or any
part of the preceding calendar year; provided, that no fee or other compensation
shall be charged by local registrars to physicians, midwives, or undertakers
for registering their names under this section or making returns thereof to
the state registrar. [L. 1915, c. 268, § 15; L. 1919, c. 264, § 134.]
$ 8502. Persons in Charge of Hospitals and Institutions to Make Record of Vital
Statistics,
That all superintendents or managers, or other persons in charge of hos-
pitals, almshouses, lying-in or other institutions, public or private, to which
persons resort for treatment of diseases, confinement, or are committed by
process of law, are hereby required to make a record of all personal and statis-
tical particulars relative to the inmates in their institutions, at the date of
approval of this act, that are required in the form of the certificate provided
for by this act, as directed by the state registrar; and thereafter such record
shall be by them made for all future inmates at the time of their admission.
And in case of persons admitted or committed for medical treatment of com-
municable disease, the physician in charge shall specify, for entry in the record,
32
the nature of the disease, and where, in his opinion, it was contracted. The
personal particulars and information required by this section shall be obtained
from the individual himself, if it is practicable to do so; and when they can not
be so obtained they shall be secured in as complete a manner as possible from
the relatives, friends or other persons acquainted with the facts. [L. 1915, c. 268,
§ 16; L. 1919, c. 264, § 135.]
$8503. State Registrar to Supply Blanks and Forms.
That the state registrar shall prepare, print and supply to all registrars all
blanks and forms used in registering, recording and preserving the returns, or
in otherwise carrying out the purposes of this act; and shall prepare and issue
such detailed instructions as may be required to secure the uniform observances
of its provisions and the maintenance of a perfect system of registration. And
no other blanks shall be used than those supplied by the state registrar. He
shall carefully examine the certificates received monthly from the local regis-
trars, and if any such are incomplete or unsatisfactory, he shall require such
further information to be furnished as may be necessary to make the record
complete and satisfactory, and shall cause such further information to be
attached to and filed with the certificate. And all physicians, midwives, inform-
ants, or undertakers, connected with any case, and all other persons having
knowledge of the facts are hereby required to furnish such information as they
may possess regarding any birth or death upon demand of the state registrar
in person, by mail, or through the local registrar. He shall furnish, arrange,
bind and permanently preserve the certificates in a systematic manner and
shall prepare and maintain a comprehensive and continuous card index of
all births and deaths registered; the cards to show the name of child or
deceased, place and date of birth or death, number of certificate, and the vol-
ume in which it is contained. He shall inform all local registrars what diseases
are to be considered as communicable and dangerous to the public health, as
decided by the state board of health, in order that, when death occurs from
such diseases, proper precautions may be taken to prevent the spreading of
dangerous diseases. [L. 1915, c. 268, § 17; L. 1919, c. 264, § 136.]
$ 8504. Preservation of Genealogical Records.
If any cemetery company or associations, or any church or historical
Society or association, or any other company, society, or association Cr any
individual, is in possession of any record of birth or death which may be of
value in establishing the genealogy of any resident of this state, such company,
society, association or individual may file such record or a duly authenticated
transcript thereof with the state registrar, and it shall be the duty of the state
registrar to preserve such record or transcript and to make a record and index
thereof in such form as to facilitate the finding of any information contained
therein. Such record and index shall be open to inspection by the public, subject to
such reasonable conditions as the state registrar may prescribe. If any person
desires a transcript of any record filed in accordance herewith, the state regis-
trar shall furnish the same upon application, together with a certificate that it
is a true copy of such record, as filed in his office, and for his services in so
furnishing such transcript and certificate he shall be entitled to a fee of 50
cents per hour or fraction of an hour necessarily consumed in making such
transcript and to a fee of 25 cents for the certificate, which fees shall be paid
by the applicant. [L. 1915, c. 268, § 17; L. 1919, c. 264, § 137.]
$ 8505. Duties of Local Registrar—Provisions Regarding Certificates and Permits.
That it shall be the duty of every local registrar to supply blank forms of
birth certificates and death certificates to such persons as are required by this
act to file the same in his office, to demand and procure the filing of such cer-
33
tificates within the time specified within this act, to carefully examine each
such certificate presented for filing to see that it is properly filled out and
signed in accordance with the provisions of this act and the instructions of the
state registrar. All birth and death certificates shall be legibly written in
durable ink and be free from erasures and alterations and no certificate shall
be held to be complete that does not contain all the items of information
called for therein or satisfactorily account for the omission. If any certificate
presented for filing is incomplete, illegible or not written in ink or contains
erasures or alterations, the local registrar shall, in case of a birth certificate,
immediately notify the person presenting the same of the defects therein and
require him to file a proper certificate, and shall, in case of a death certificate,
notify the person presenting the same of the defects therein and withhold the
burial or removal permit until a complete and proper certificate is filed.
Upon the filing of a complete and satisfactory death certificate the local regis-
trar shall issue a burial or removal permit; provided, that in case the death
occurred from some disease that is declared by the state board of health to be
communicable and dangerous to public health, no permit for the removal or
other disposition of the body shall be granted by the local registrar, except
under such conditions as may be prescribed by the state and local boards of
health. It shall be the duty of every local registrar to number consecutively all
birth and all death certificates accepted and filed by him, in two separate series
beginning with “No. 1,” with year prefixed for the first birth certificate and
the first death certificate filed in each calendar year, and to indorse thereon
the date of filing and attest the same with his signature. And it shall be the
duty of each local registrar to make, on or before the tenth day of each
calendar month, in such manner as shall be directed by the state registrar a
complete and accurate copy of each birth and each death certificate filed with
him, and transmit the same to the county clerk of the county in which such
birth or death occurred, as a permanent county record, the same to be
arranged, bound and preserved by the county clerk, in such manner as the
state registrar shall direct, and to, on or before the tenth day of each calendar
month, transmit to the state registrar all original certificates filed with him
during the preceding month; and, if no birth or death certificates have been
filed during any month to, on or before the tenth day of the following month,
report that fact to the state registrar on a card to be provided for that pur-
pose. Certified copies of original certificates of birth or death filed in the
office of the state registrar and certified copies of the local record of such cer-
tificates in any local registrar’s office in any city or town of 2,000 inhabitants
or over shall be prima facie proof of the facts therein stated in all actions and
proceedings in all courts where proof of such facts is competent, and a certifi-
cate signed by the state registrar or any local registrar giving the name and
date of birth and the names of the parents of any child as shown by the
original birth certificate or the local record thereof shall be accepted as prima
facie proof of the age of such child, by the public school authorities and by the
authorities issuing employment permits for minors. [L. 1915, c. 268, § 18; L.
1919, c. 264, § 138.]
$ 8506. Fees of Registrar—Compensation.
That each local registrar shall be paid the sum of 25 cents for each birth
or death certificate properly and completely made out and registered with him
and by him returned to the state registrar on or before the tenth day of the
following month, which sum shall cover and include the making out of the burial
permit and copy of the certificate to be filed and preserved in his office. And,
in case no births or deaths were registered during any month, the local registrar
shall be paid the sum of 25 cents for each report to that effect, properly made
out in accordance with the directions of the state registrar; provided, that all
34
local registrars who receive regular compensation as health officers shall not
be entitled to the fee of 25 cents, above mentioned, but the duties of the local
registrar shall be considered as a part of their [his] duty as local health offi-
cer. All accounts payable to local registrars under the provisions of this act shall
be paid by the treasurer or other lawful officer, out of the funds of the county
or city, upon warrants drawn by the county auditor, or other proper local officer
of such county or city, which warrant shall specify the number of certificates,
properly registered and reports promptly returned where no births or deaths
are registered; provided, however, that no warrant shall be issued to any local
registrar until he shall present a certificate from the state registrar stating
the number of certificates and reports of no births and no deaths properly
returned to the state registrar, which certificate the state registrar shall
issue during the months of January, April, July and October of each year,
after he shall [have] received the certificates and reports for the months next
preceding. [L. 1915, c. 268, § 19; L. 1919, c. 264, § 139.]
§ 8507. Certified Copies of Record of any Birth or Death Furnished to Applicant
—Fees for—Prima Facie Evidence.
That the state registrar or the county clerk shall, upon request, furnish any
applicant a certified copy of the record of any birth or death registered under
[the] provisions of this act, for the making and certification of which he shall
be entitled to a fee of 50 cents, to be paid by the applicant. And any such copy
of the record of a birth or death, when properly certified by the state registrar
or county clerk to be a true copy thereof, shall be prima facie evidence in all
courts and places of the facts therein stated. For any search of the files and
records, when no certified copy is made, the state registrar shall be entitled to
a fee of 50 cents for each hour or fractional hour of time of search, to be paid
by the applicant. The state registrar shall keep a true and correct account of
all fees by him received under these provisions and turn such fees over to the
state treasurer on the first day of January, April, July and October; provided,
that in cities and towns of 2,000 inhabitants or more, as hereinbefore provided,
certified copies of any birth or death may be furnished by the local health
authorities, and any such copy of the record of the birth or death when properly
certified by such authority shall be prima facie evidence in all courts and places
of the facts therein stated by the proper health authority. The fee for such
copy or search of record to be the same as herein provided, and all such fees
shall be paid into the treasury of such cities; provided, that the state registrar
or any local registrar shall, upon request of any parent or guardian, supply,
without fee, a certificate limited to a statement as to the date of birth of any
child when the same shall be necessary for admission to school, or for the
purpose of securing employment. And provided further, that the United States
census bureau may obtain, without expense to the state, transcripts or certified
copies of births and deaths without payment of the fees herein prescribed. [L.
1915, c. 268, § 21; L. 1919, c. 264, § 140.]
$ 8508. Violations of Act—Misdemeanor—Gross Misdemeanor.
Every person who shall violate or wilfully fail, neglect or refuse to comply
with any provision of this act shall be guilty of a misdemeanor, and every
person who shall wilfully furnish any false information for any certificate
required by this act or who shall make any false statement in any such certifi-
cate shall be guilty of a gross misdemeanor. [L. 1915, c. 268, § 21; L. 1919,
c. 264, § 141.]
35
CHAPTER XIV
OF EMBALMERS
§ 1. Embalmers—Registration.
It shall be unlawful for any person to follow the occupation of embalming
in this state unless he shall have first obtained a certificate of registration as
provided in this chapter; provided, however, that nothing in this chapter shall
apply to or [nor] affect any person who now holds a license as an embalmer
from the state board of health of the state of Oregon, except as hereinafter
provided.
§ 2. Embalming Defined.
Preparation of the body of any deceased person for the purpose of preserv-
ing the same from decay, or preparing the remains of any deceased person for
shipment by railway or other public conveyance between points within the state
of Oregon or between any points in the state of Oregon and any points without
said state, or to come into the state of Oregon, shall be construed as practicing
the occupation of embalming within the meaning of this chapter. [Amended by
c. 52, L. 1923.]
§ 3. x.
A board of examiners, to consist of three persons and to be known as the
state embalmers’ examining board, is hereby created to carry out the purposes
and enforce the provisions of this act. One member of said board shall be
appointed biennially by the governor from embalmers holding licenses as such
from the state board of health of the state of Oregon and who have been resi-
dents of the state for at least two years, and the first of said appointees shall
hold office until January 1, 1923; the second member of said board shall be
the secretary of the Oregon funeral directors' association; and the secretary of
the Oregon state board of health shall be the third member thereof and the
secretary of the state embalmers’ examining board.
§ 4.
Said board shall elect a president and treasurer, shall have a common Seal,
and shall have the power to administer oaths; the headquarters of said board
shall be the office of the secretary of said board.
§ 5.
The said secretary shall receive as compensation for performing the duties
of his office, and in addition to his salary as secretary of the state board of
health, the sum of $100 per annum, which sum shall be paid to the secretary in
two semiannual payments of $50 each, in the same manner as his salary is paid
as secretary of the state board of health.
§ 6.
All expenses incident to the execution of the provisions of this act shall be
paid from the state treasury upon warrant drawn by the secretary of state,
upon the presentation of the proper vouchers to be approved by the president
and secretary of said board. Other than such necessary expenses as are incident
to attending to meetings of said board, as hereinafter provided, the members of
the state embalmers’ examining board shall serve without pay except as herein
otherwise provided.
§ 7. Bond of Treasurer.
The treasurer shall give surety bond, to be approved by and deposited with
the secretary of state, in the sum of $1,000, and the members of said board shall
take oath provided by law for public officers. The cost of said bond shall be
paid by the board. -
37
Sig. 4
§ 8.
Said board shall have authority to make such rules and regulations relating
to the preparation of bodies of deceased persons for burial or transportation
as in its judgment may be necessary, and such other reasonable rules and regu-
lations as in its judgment shall be necessary for the carrying out of the pro-
visions of this act; provided, such rules and regulations shall not become
effective until they have been approved by the state board of health and filed
in the office of the secretary of state of the state of Oregon, and when so
approved and filed such rules and regulations shall be in full force and have the
effect of law.
$ 9. Biennial Reports.
Said board shall report to the governor of the state, biennially, a full state-
ment of the receipts and disbursements of the board during the preceding two
years and a full statement of its doings and proceedings, and such recommenda-
tions as may seem proper.
§ 10. Public Examination—Notice.
Said board shall hold a public examination at least once in each year in the
office of the secretary, notice of such meetings to be sent to the various appli-
cants by mail at least ten days before the meeting.
§ 11. State Licenses Continued—Certificate.
Every person now holding a state license by the Oregon state board of
health, and engaged in the occupation of embalming, shall within ninety days
after the approval of this act, file with the secretary of the board an affidavit
setting forth his name, residence and length of time during which, and the place
where, he has practiced such occupation, and shall pay to the secretary of said
board $5, and a certificate entitling him to practice such occupation until
December 31st of that year, shall thereupon be issued to him.
§ 12. Examination for Certificate—Fees—Subjects.
To obtain a certificate of registration under this chapter, any person,
except those mentioned in the preceding section, shall make application to the
board and shall pay to the secretary an examination fee of $25, and shall pre-
sent himself at the next meeeting of the board for examination of applicants.
The board shall examine such persons in the following subjects: Anatomy,
sanitary science; the care, disinfection, preservation, transportation and burial
or other final disposition of the remains of [the] deceased persons; and the
rules and regulations of the state board of health relating to quarantine and
communicable diseases. Such applicant shall pass such practical examination
as the state embalmers’ examining board shall provide by rules and regulations.
The examination papers and oral answers shall, when concluded, be graded upon
the scale of 100. The average rating required to pass shall be fixed by the
board prior to the examination, and the board having been satisfied that he
has the requisite qualifications to practice the occupation of embalmer, his name
shall be entered by the board in a register provided for that purpose and kept
in the office of the secretary, and a certificate of registration shall be issued to
him authorizing him to practice said occupation until December 31st of that
year. Applications for renewal of licenses must be filed with the secretary of
said board on or before December 31st of each year and shall be accompanied by
a renewal fee of $5. All certificates shall be renewed each year upon the filing
of applications accompanied by renewal fee.
§ 13.
All examination fees and all other moneys received by the Oregon state
embalmers’ examining board pursuant to the provisions of this act, shall be
paid to the treasurer of said board, who shall pay the same into the state trea-
38
sury monthly, and they shall be by the state treasurer placed to the credit
of the general fund, and 10 per cent of such gross amount shall be, upon
receipt, assigned to the state of Oregon and shall become a part of the general
fund in the hands of the state treasurer, and the remainder of any such pay-
ment or payments, when so made, shall constitute and be considered as, and are
hereby made, an appropriation of such sums or amounts from the general
fund for the purpose of education of embalmers and in securing evidence and
prosecuting violations of this act and the carrying out of the provisions of this
act; provided, that three dollars ($3), of the five dollars ($5) annual license
to be paid by each embalmer, except as herein provided, shall be used exclusively
by said board for educational purposes. All necessary expenses incurred in
giving examinations to applicants for embalmers’ licenses and incidentals to the
renewal of such licenses and all necessary expenses incurred in education and
in enforcing the provisions of the law relating to embalming and relating to
the burial and transportation of dead human bodies, shall be audited by the
secretary of state and paid from the funds herein provided in the same manner
as other claims against the state are paid, after due approval thereof by the
president and secretary of said Oregon state embalmers’ examining board.
[Amended by c. 161, L. 1923.]
§ 14. Certificate to Be Posted,
Said board shall furnish to each person mentioned in section 11 and to
each person who successfully passes an examination, a certificate of registra-
tion bearing the seal of the board and the signature of its president and secre-
tary, certifying that the holder is entitled to practice the occupation of em-
balmer in this state, and it shall be the duty of the holder of such certificate to
post the same conspicuously in his place of business.
§ 15.
No person shall be granted any license as provided herein unless he shall
be at least twenty-one years of age, of good moral character, shall have had
at least two years’ practical experience in embalming under a licensed
embalmer, and shall have had at least a common school education, or must be
a graduate of some school of embalming which has been approved by the
state embalmers’ examining board. At the time of making application to take
the examination provided herein such applicant must present recommendations
from at least three licensed embalmers within the state of Oregon to the effect
that such applicant has had the necessary experience as herein set forth, and
that they attest to his good moral character.
§ 16.
Said board shall have power to revoke any certificate of registration or
license granted by it under this chapter if the holder thereof has been convicted
of any crime, or has obtained said license by any false or fraudulent representa-
tion, or has been guilty of unprofessional or dishonorable conduct, or if he be
guilty of wilful or repeated violation of the rules and regulations of the state
embalmers’ examining board or the state board of health, or of doing work
in an insanitary or filthy manner; provided, before any certificate or license
shall be revoked, the holder thereof shall have notice in writing of the charge
or charges against him and shall, at a time specified in said notice, not less than
ten days after the service, be given a public hearing before the state embalmers’
examining board with full opportunity to produce testimony in his behalf and
to confront the witnesses against him. Any person whose certificate has
been revoked may, after the expiration of six months, upon application, have
the same reissued upon a satisfactory showing that the disqualification has
ceased, and by passing another examination as provided herein for applicants,
and by paying the fee for such examination as herein provided.
39
§ 17. Complainant to Deposit Costs of Hearing.
Any licensed embalmer who shall prefer charges against any other licensed
embalmer shall, at the time such charges are preferred, deposit with the board
a sum sufficient to cover the probable expense to the board in hearing such
charges, and in case the charges be substantiated in whole or in part, such de-
posit shall be returned to the complainant; but if such charges be not substan-
tiated in whole or in part, the board shall retain a sum sufficient to reimburse
it for the expense incurred, and return the balance of such deposit, if any there
be, to the person making such deposit.
§ 18. License on Foreign Certificate—Fee—Reciprocal License.
The state board of embalmers’ examiners may at its own discretion grant
reciprocal embalmers’ certificates to regularly licensed embalmers in good
standing in other states of the United States, and may recognize licenses issued
to embalmers under the laws of such other states, providing such other states
have requirements similar to those existing in this state, and recognize
certificates issued in the state of Oregon; provided further, that such license
issued under the authority of such other state may be deemed sufficient
evidence of the qualifications of the holder thereof without further examina-
tion for license in this state; the holder of such license shall be entitled to have
issued to him a license upon the payment of $25 to the state embalmers’
examining board.
§ 19.
Any person who shall violate any of the provisions of this act, or any lawful
rules and regulations made by the state embalmers’ examining board pursuant
to the authority herein granted, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less than $100 or by
imprisonment for not more than one year, or both such fine and imprisonment.
$ 20.
Circuit courts, justice courts, municipal courts sitting as justice courts, and
district courts shall have concurrent jurisdiction with the circuit courts of
the state of Oregon in all prosecutions arising under this act. The district
attorney is authorized to institute prosecutions for violations of this act by
information, or the same may be instituted by indictment, or by complaint
verified before any magistrate. All acts or parts of acts in conflict herewith
are hereby repealed. [L. 1921, c. 102.]
40
CHAPTER XV
OF THE ENFORCEMENT OF HEALTH CODE
$ 8515. Enforcement of Act—Duties and Powers of Local and State Health
Officers and Registrars—Court Proceedings.
The local health officers and local registrars are hereby charged with the
strict and thorough enforcement of the provisions of this act in their districts,
under the supervision and direction of the state health officer and state regis-
trar. And they shall make an immediate report to the state health officer
or registrar of any violation of this law coming to their notice by observation,
or upon the complaint of any person, or otherwise. The state health officer
and state registrar is hereby charged with the thorough and efficient execu-
tion of the provisions of this act in every part of the state, and with super-
visory powers over all health officers and local registrars, to the end that all
of the requirements shall be complied with. They shall have authority to
investigate cases of irregularity or violation of law, personally or by accredited
representative and all health officers and local registrars shall aid them, upon
request, in such investigation. When deemed necessary, they shall report cases
of violation of any of the provisions of this act to the prosecuting attorney of
the proper county with the statement of the facts and circumstances; and
when any such case is reported to them by the state health officer, or state
registrar, all prosecuting attorneys or officials acting in said capacity shall
forthwith initiate and promptly follow up the necessary court proceedings
against the parties responsible for the alleged violations of law. And, upon
request of the state health officer, or state registrar, the attorney general
shall likewise assist in the enforcement of the provisions of this act. [L. 1915,
c. 268, § 22; L. 1919, c. 264, § 148.]
$ 8516. Penalty for Violation of Act, or of Lawful Rules and Regulations Made
in Pursuance of Act.
Any person who shall violate any of the provisions of this act or any
lawful rules or regulations made by the state board of health pursuant to the
authority herein granted, or who shall fail or refuse to obey any lawful order
issued by any state, county or municipal health officer, pursuant to the
authority granted in this act, shall be deemed guilty of a misdemeanor and
shall be punished by a fine of not more than $1,000 or by imprisonment for
* more than a year or by both such fine and imprisonment. [L. 1919, c. 264,
149.]
$ 8517. Courts Having Jurisdiction—Prosecutions, How Instituted.
Justice courts, circuit courts and municipal courts sitting as justice courts
shall have concurrent jurisdiction with the circuit courts of all prosecutions
arising under this act. The district attorney, or county attorney or attorney
general is authorized to institute prosecutions for violation of this act by
information or the same may be instituted by indictment or by complaint veri-
fied before any magistrate. [L. 1919, c. 264, § 150.]
$ 8518. Individual Rights as to Treatment of Disease, Etc.
Nothing in this act shall be construed to empower or authorize the state
board of health or its representatives, or any county board of health or its
representatives, or any city board of health or its representatives, to interfere
in any manner with the individual’s right to select the physician or mode of
treatment of his choice, nor interfere with the practice of any person whose
religion treats or administers to the sick or suffering by purely spiritual
means; providing, however, that sanitary laws, rules and regulations are
complied with. [L. 1919, c. 264 § 151.]
$ 8519. Acts Repealed by Laws of 1919.'
All acts or parts of acts in conflict herewith are hereby repealed. [L. 1919,
c. 264, § 152.]
Sig. 5.
41
CHAPTER 27
Laws of 1925
EXAMINATION OF SCHOOL CHILDREN
§ 1. The state superintendent of public instruction shall provide, pre-
pare, or cause to be prepared blanks or other supplies for the examination of
all children attending the elementary public schools of the state of Oregon, for
the purpose of determining defects of vision, hearing, breathing, dentition
or other external obvious physical defects which will prevent or interfere with
the normal education of the child. He shall provide, prepare or cause to be pre-
pared necessary instruction for the use of the tests, blanks, records and other
supplies and shall furnish same to the elementary schools of the state.
§ 2. The superintendent, principal or teacher in every elementary public
school of the state shall, during the first month of the school year make the
examinations or tests provided for in section 1 of this act in such manner as
shall be required by the state superintendent of public instruction and pre-
pare the same upon the blanks furnished and make a written report thereof
to the state superintendent of public instruction.
§ 3. The superintendent, principal or teacher shall report any physical
defects of any child under his supervision to the parent or guardian as soon as
such defects or defect are apparent to observation or revealed by examination
or test; provided, that any blank, record or other form or method employed to
communicate knowledge of any defects to any parent or guardian shall, with-
out further direction, simply state that such defects are apparent.
$4. Any parent or guardian may object in writing to the superintendent,
principal or teacher against the examination of his or her child or ward and
such pupil shall be exempt from any examination or test for or on account of
any physical defect or noncontagious disease.
CHAPTER 268
Laws of 1923
BEDDING
§ 1. The term “bedding” is defined to include any mattress, upholstered
Surface or spring, comforts, pad, cushion, bag, pillow or any other such soft
article which supports the body in sleeping or resting.
§ 2. The word “person” implies individuals, partnerships, companies, cor-
porations, societies, associations or others of any gender, as the case may be.
§ 3. No person shall at wholesale or retail, directly or indirectly, make or
repair, sell, offer for sale, deliver, rent, consign, lease or otherwise com-
mercially dispose of or have in his possession with intent to dispose of any
article of bedding not plainly and indelibly labeled with a cloth or cloth-lined
tag, not smaller than three inches square, securely sewed at least on one edge
into the outseams of the article, truthfully setting forth in the English
language its contents, weight, measurments, amounts by weight of each kind
of material, whether new, shoddy or waste or second-hand in whole or in part,
used in its manufacture, with the name and address of the manufacturer or
vendor thereof, or both. All invoices or other instruments of delivery shall
set forth the true description of the merchandise that passes, as enumerated
on the labels. Example: “–6–35 lb. Prime Java-Kapok 4/4 Matresses, (3)
15.00–90.00.”
$4. When waste, second-hand materials or shoddy are used in the repair
of material, whether new, shoddy or waste or second-hand, in whole or in part,
label in type not smaller than %-inch face, and such materials must be
sterilized by the process approved by the state board of health, said process
defining all such materials to be sterilized.
$ 5. No person shall dispose of as set forth in section 3 any article of
bedding which has been previously used or subject to contamination which has
not been sterilized as set forth in section 4 and labeled as set forth in sections 3
and 4 as second-hand material, giving date of sterilization.
§ 6. No person shall dispose of as set forth in section 3, or otherwise, any
article of bedding or material therefrom that has been used by or about any
person having any infectious or contagious disease or by any private or
public hospital or sanitarium on land or water or which has been thrown away
with garbage or other waste material.
$ 7. No person shall dispose of as set forth in section 3 any material or
product which is in whole or in part second-hand or waste or shoddy which
might enter into any article of bedding unless he so labels by tag or otherwise
each parcel, package, box or container setting forth the true contents thereof,
with the name of the vendor, and also the invoice or other instrument of
delivery or sale shall be the true name or description of the material which
passed.
$ 8. The general form of label covered by this act to be as follows:
This sºle is made in compliance with the act of the State of Oregon, approved
aly O *
Materials Used in Manufacture
Manufactured of e
All new material.
Second-hand material, waste material, Shoddy.
Remade of owner's material with lbs. new Or Second-hand.
Covering—New Or second-hand.
º: Pri jº §ºs , drill , Sateen, etc.
S. Prime JaVa.-K.a.p.O
25 lbs. Cotton Linters felted Gross Wt. 42 lbs.
40 lbs. Staple cotton felted.
40 lbs. White hair, etc.
(Name of maker or vendor)
§ 9. No person other than a purchaser for his own use shall remove or
cause to be removed, defaced, concealed, changed or altered any label or tag
or its markings or statements on any article of bedding.
§ 10. No person shall use any terms or other description on any label or tag
upon any article of bedding which is likely to mislead or cause inference by
43
the purchaser of any but the truthful contents of same, or use other than
the standard definition, practice or terms of classification, where a standard
classification exists concerning any commodity.
§ 11. It shall be the duty of the state sealer of weights and measures to
Supervise and inspect, according to the terms of this act, and to enforce the
provisions thereof.
§ 12. Any person engaged in the manufacture of any article of bedding
or handling in any way any of the articles as set forth in section 3, or any of the
materials that enter into any article of bedding, shall be subject to supervi-
Sion and inspection by any deputy duly appointed for the enforcement of this
act and shall furnish any information that said deputy may deem necessary in
the performance of his duty in the enforcement of the act, and he shall admit
said deputy to his premises or any part thereof.
§ 13. Any person violating any of the provisions of this act shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished for
each offense by a fine of not less than $25 nor more than $1,000, or by imprison-
ment in the county jail not to exceed six months, or both such fine and
imprisonment. The unit for each separate offense shall be each and every
article of bedding as set forth in section 1.
§ 14. All persons engaged in the making and repairing of any article of
bedding must apply to the state sealer of weights and measures for a permit
to be issued upon the payment of a $25 yearly fee and agree to conduct said
business in a sanitary manner and in compliance with this act, said permit
to be revocable at any time after thirty days’ notice, should evidence of
violation or insanitary conditions be apparent to the inspector. The fees so
collected shall be paid over promptly to the state treasurer and placed by him
in the general fund, and the expenses of the state sealer of weights and
measures incurred in carrying out the provisions of this act shall be audited
and paid in the same manner as other expenses of said office are audited and
paid, but such expenditures shall never be in excess of the fees so collected
and paid into said fund.
§ 15. The state sealer of weights and measures or his deputy shall sample
or open in any way for inspection at any time or place any article of bedding
or material he has reason to believe is in violation of this act and, upon
examination, should he still be in doubt as to the true nature of the material
or article, he shall consult invoices or other instruments or records he may
See fit, held by any person, containing any information pertaining to the
article or material in question.
§ 16. The state sealer of weights and measures, with the concurrence of
the state or local health officer, is hereby authorized and empowered to con-
demn and destroy any article of bedding described in section 3 of this act,
which is not labeled as therein provided, or which in their judgment is
insanitary.
$ 17. Any person or individual who has reason to believe that this act is
being violated shall report the facts to the district attorney, whose duty it
shall be to institute immediate proceedings for the enforcement of this act.
$18. Definitions—For the purpose of this act, “shoddy,” “waste” and
“second-hand” are hereby defined as follows: “Shoddy” shall embrace all
materials resulting from the disintegration of any old fabric. “Waste” shall
embrace all discarded materials from mills, garbage, sweepings, waste
receptacles, or other possibly contaminated materials. Wastes which are
by-products of machines at mills using new raw materials are excepted when
free from contamination. “Second-hand” shall embrace all material which has
been previously used in bedding or otherwise, or material which possibly has
been contaminated. t
§ 19. Sections 8279 and 8282, Oregon Laws, both inclusive, and all acts
or parts of acts inconsistent herewith, are hereby repealed.
44
CHAPTER 137
Laws of 1925
TOURISTS’ CAMPGROUNDS
§ 1. The term “tourists’ campgrounds,” as used in this act, shall include
and mean any tract or parcel of land owned, maintained or used for public
camping, whether the same be owned, used or maintained by any city, county,
city and county, township, village, community, institution, person, firm or
corporation, upon which tract or parcel of land persons may camp, either free of
charge or by the payment of a fee, and whenever the words “tourists’ camp-
ground” are used in this act they shall be construed to mean a tourists’ camp-
ground as herein described and defined.
§ 2. It shall be unlawful from and after the taking effect of this act for
any city, county, city and county, township, village, community, institution,
person, persons, firm or corporation to establish, operate or maintain a
tourists’ campground as defined herein without having first made applica-
tion to the state board of health for a certificate of inspection, and without
having first received such certificate authorizing the maintenance and opera-
tion of the same.
§ 3. Upon receipt of such application the state board of health shall
immediately request the county health officer of the county in which it is
proposed to operate and maintain such tourists’ campgrounds, to make a full
and complete examination of the proposed site and the sanitation and facili-
ties to be afforded the public in said tourists’ campground, and said county
health officer shall, within fifteen days, make said examination and report to
the state board of health upon blanks furnished by said state board of health.
If said application is approved by the said board, a certificate of inspection
shall be issued to the applicant by the state board of health, and thereafter
said applicant shall be permitted to operate and maintain the said tourists’
campground, which certificate shall not extend beyond the calendar year in
which it was issued.
$4. The application for a certificate of inspection shall be accompanied
by a fee of $10. Such application must be renewed each year that the appli-
cant proposes to operate and maintain such campground, and a like fee must
accompany the renewal application.
§ 5. Said certificate of inspection shall contain a condition or clause to the
effect that if said applicant shall fail to comply with the provisions of this
act and with the rules and regulations as prescribed by the state board of
health the license may be revoked.
§ 6. The state board of health, is hereby empowered, authorized and
directed to make such rules and regulations for the conducting of such
campground as in its judgment shall be necessary to insure the greatest degree
of sanitation, and as will most effectively conserve the health and promote
the welfare of persons visiting and patronizing such camp.
§ 7. The rules and regulations promulgated by the state board of health
covering the maintenance and operation and conduct of such tourists’ camp-
ground, together with a copy of this act shall be printed and kept posted in
conspicuous places on the premises of each campground, and it shall be the
duty of the owner, or person in charge of such campground, to see that such
rules and regulations, together with a copy of this act, are so posted, and that
they are kept posted during the operation and maintenance of such tourists’
campground.
45
$ 8. Any violation on the part of the owner or manager of any such
tourists’ campground of any of the rules and regulations prescribed by the
state board of health shall be deemed a violation of the provisions of this act,
and any violation of any of the provisions of this act shall be deemed a mis-
demeanor, and any one found guilty thereof shall be punished by a fine of not
to exceed $100, or by imprisonment in the county jail not to exceed thirty
(30) days. -
$ 9. For the purpose of carrying out the provisions of this act the county
health officer of any county in which is located a tourists’ campground shall
be the representative of the state board of health, and shall make the inspec-
tion provided for in this act, and shall supervise, under the direction of the
state board of health, the conduct, maintenance and operation of any such
tourists’ campground as may be located in the county of the respective county
health officer.
§ 10. The county court is hereby authorized and empowered to provide the
compensation which such county health officer shall receive for his said ser-
vices; provided, that such compensation shall not exceed the amount of revenue
received by the county in fees resulting from the operation and maintenance
of tourists’ campgrounds under the provisions of this act.
§ 11. It shall be the duty of the county health officer, upon complaint, to
inspect any such tourists’ campground, and he shall, likewise, at such other
times as in his judgment may be necessary, inspect the tourists’ campgrounds
of his county.
§ 12. Any owner, manager, agent or person in charge of a tourists’ camp-
ground, as defined in this act, who shall obstruct or hinder the county health
officer or any member of the state board of health or its representative in the
proper discharge of his duties under this act shall be deemed guilty of a
violation thereof, and shall be punished as herein provided.
§ 13. It shall be the duty of the county health officer, upon ascertaining by
inspection or otherwise that any such tourists’ campground is being carried on
or conducted contrary to the provisions of this act, or in violation of the
rules and regulations prescribed by the state board of health, to make com-
plaint and cause the arrest of the person or persons so violating the same, and
it shall be the duty of the prosecuting attorney in such case to prepare all
necessary papers and conduct such prosecution.
§ 14. The fees collected under the provisions of this act shall be dis-
bursed as follows: Seventy-five (75) per cent to the county treasurer of the
county in which the campground is located, and the remaining twenty-five
(25) per cent shall be paid to the state treasurer for the benefit of the general
fund of the state of Oregon and shall constitute a continuing appropriation to
the state board of health for carrying out the provisions of this act.
§ 15. It is hereby declared that existing conditions are such that this act
is necessary for the immediate preservation of the public peace, health and
safety, in this, to wit: That the sanitation and facilities in and around tourist
campgrounds are in such condition that the public peace, health and safety are
in danger; and, owing to the urgent necessity, an emergency is hereby declared
to exist, and this act shall take effect and be in full force from and after its
paSSage.
46
CHAPTER 196
Laws of 1925
CHIROPODY
§ 1. Within the meaning of this act a chiropodist is defined as one who
for hire or reward examines, diagnoses and treats abnormal nails, superficial
excrescences occurring on the hands and feet, including corns, warts, callos-
ities and bunions, and arch troubles, but who is not authorized to treat injuries
to or congenital deformities of the hands or feet, or conditions requiring the
use of anesthetics other than local, and who has qualified as a chiropodist with-
in the meaning of this act, except as hereinafter provided, through a certifi-
cate of qualification or license issued by the chiropodists’ examining board of
the state of Oregon.
§ 2. It shall be unlawful for any person to profess to be a chiropodist, to
practice or assume the duties incident to chiropody, without first obtaining
from the state chiropodists’ examining board a license authorizing the practice
of chiropody in this state, except as hereinafter provided.
§ 3. A board of examiners to consist of three (3) persons and to be
known as the state chiropodists’ examining board, is hereby created to carry
out the purposes and enforce the provisions of this act. Two (2) members of
said board shall be appointed biennially by the governor from chiropodists
who have been residents of this state for at least two (2) years and holding
licenses as such for no less than two (2) years in the city in which they reside.
Said appointees shall hold office until January 1, 1927; the third member of
said board shall be the secretary of the Oregon state board of health.
§ 4. Said board shall elect a president and treasurer; shall have a common
seal, and shall have the power to administer oaths, and the headquarters of said
board shall be the office of the secretary of said board. -
§ 5. The said secretary shall receive as compensation for performing the
duties of his office, and in addition to his salary as secretary for the state board
of health, the sum of one hundred dollars ($100) per annum, which sum shall
be paid to the secretary in two semiannual payments of fifty dollars ($50)
each, in the same manner as his salary is paid as secretary of the state board
of health. - -
§ 6. All expenses incident to the execution of the provisions of this act
shall be paid from the state treasury upon warrant drawn by the secretary of
state, upon the presentation of the proper vouchers to be approved by the
president and secretary of said board. Other than such necessary expenses as
are incident to attending the meetings of said board, as hereinafter provided,
the members of the state chiropodists’ examining board shall serve without
pay, except as herein otherwise provided.
§ 7. Examinations to procure a license to practice chiropody in this state
shall be held semiannually at such times and places as the state chiropodists’
examining board shall fix. All applicants for a license to practice chiropody
under the provisions of this act shall have attained the age of twenty-one
(21) years and shall be of good moral character; they shall have had at least
one (1) year of instruction in and be graduates of some good school of chirop-
ody recognized as being in good standing by the state chiropodists’ examining
board; provided, however, that after July 1, 1925, no school of chiropody shall
be accredited by said board as a school of good standing which does not
require for graduation a course of study of at least two years. Chiropodists
actively engaged in the practice of chiropody for two or more years in the
state of Oregon, prior to January 1, 1925, whether graduates or not, shall,
upon furnishing proof thereof to said board, and upon payment of a fee of
47
Sig. 6
fifteen dollars ($15), be entitled to a license without examination, and applica-
tion for such licenses shall be filed with the state chiropodists’ examining board
not later than sixty (60) days after the passage of this act, but not thereafter;
and provided further, that upon payment of a fee of fify dollars ($50) a
license without examination may be issued to chiropodists of other states,
removing to this state, maintaining statutory requirements equal to those
fixed in this act for the practice of chiropody, and extending the same recipro-
cal privileges for the practice of chiropody to this state.
§ 8. From and after the passage of this act, any person, other than those
exempt from examination under section 4 of this act, desiring a license to
practice chiropody shall be examined by the state chiropodists’ examining
board in the following subjects: Anatomy, chemistry, dermatology, diagnosis,
materia medica, pathology, physiology, therapeutics, clinical and orthopedic
chiropody, limited in their scope to the treatment of the human foot. If the
applicant possesses the qualifications required by section 7 of this act, and shall
pass the examination prescribed with a general average of 75 per cent in all
subjects, and not less than 60 per cent in any one subject, he or she shall be
issued a license by the state chiropodists’ examining board to practice chiropody
in this state. Each applicant, before taking the examination, shall pay to the
Secretary of the state chiropodists’ examining board an examination fee of
fifty dollars ($50). Any applicant failing in the examination, and being
refused a license, shall be entitled, at the expiration of six months from the
time of such refusal, to a reexamination without the payment of an additional
fee for such examination.
$ 9. All licenses [licensees] shall be designated as “registered chiropodists”
and shall not use any title or abbreviations thereof without the designation
“registered chiropodist,” “practice limited to the foot,” and shall not mislead
the public as to their limited professional qualifications to treat human ail-
ments. All licenses shall be recorded in the same manner as other medical
licenses in the office of the county clerk of the county in which the licensee
practices. It shall be the duty of the clerk to register the name and address
and date of the certificate in a book kept for such purposes as a part of the
records of his office, and the number of the book and the page therein con-
taining said recorded copy shall appear on the face of the certificate over the
name of the clerk recording the same. The person thus registered shall pay to
the county clerk a fee of one dollar ($1).
Every registered chiropodist shall renew his license on July 1 of each year
by the payment to the secretary of state chiropodists’ examining board for the
state of Oregon a fee of five dollars ($5), and if such renewal fee is not paid
within three months subsequent to July 1 of each year, such license shall be
considered revoked and shall only be reissued upon application and the pay-
ment of the examination fee of twenty-five dollars ($25). All licenses granted
under this act shall be conspicuously displayed at the office or other place of
practice of the licensee.
§ 10. The state chiropodists’ examining board, after due hearing, may
refuse to grant or renew and may revoke any license issued under the pro-
visions of this act to a person, otherwise qualified, who obtained such license
by fraudulent representations or dishonesty in taking an examination, or for
the conviction of a crime involving moral turpitude; provided, however, that
when a license has been granted it shall not be revoked or the renewal thereof
refused without at least fifteen (15) days’ notice to the licensee, who shall be
entitled to a hearing by the board, and shall have the right to be represented
by counsel; and provided further, that at least ten (10) days prior to the date
of such hearing the licensee shall be notified of the filing of the charges and
48
of the nature thereof. Any person licensed to practice chiropody in this state
whose license shall be canceled by the state chiropodists’ examining board
may, within thirty (30) days after cancelation thereof, and not thereafter,
have his right of action for reinstatement against the state chiropodists’
examining board in the circuit court of the county in which the licensee
practices. If the person whose license has been canceled by the board shall,
within ten days after receiving information of such cancelation, give notice
to the secretary of the board in writing of his intention to file such suit, the
action of the board in canceling the license of such person shall be suspended for
a period of thirty (30) days, but unless such suit shall be filed within said time,
the action of the board shall be final. If suit shall be filed against the board
to reinstate such license [licensee) within said time, the action of the board
shall remain suspended until the validity of the license in question shall be
adjusted by the court in said suit. In such suit the burden shall be upon the
person whose license was canceled, as plaintiff, to show cause for reinstatement
of his license. The board may, at its discretion, in case license has been revoked
or the renewal thereof refused, reissue such license at the expiration of six
months from the time such license was revoked.
§ 11. All examination fees and all other moneys received by the chiropo-
dists’ examining board, pursuant to the provisions of this act, shall be paid
to the treasurer of said board who shall pay the same into the state treasury
semiannually, and they shall be by the state treasurer placed to the credit
of the general fund and ten per cent (10%) of such gross amount shall be,
upon receipt assigned to the state of Oregon, and shall become a part of the
general fund in the hands of the state treasurer, and the remainder of any
Such payment or payments, when so made, shall constitute and be considered
as and hereby are made an appropriation of such sums or amounts from the
general fund for the purpose of education of chiropodists and in securing
evidence and prosecuting violations of and the carrying out of the provisions of
this act; provided that three dollars ($3) of the five dollars ($5) annual renewal
fee for license to be paid by each chiropodist except as herein provided, shall
be used exclusively by said board for educational purposes. All necessary
expenses incurred in giving examinations to applicants for chiropodists’
licenses and incidental to the renewal of such licenses and all necessary expenses
incurred in education and in enforcing the provisions of the law relating to
chiropodists, including the printing and issuing of licenses and other blanks,
forms and papers required by said board, employing of investigators, special
prosecutors and attorneys, whose duty it shall be, to carry out the provisions
of this' act and any other matter, act or thing prescribed by the laws of the
state of Oregon and to be performed by the state chiropodists’ examining board,
or as provided in the rules and regulations hereafter to be made and filed by the
said board as herein provided.
§ 12. It shall be the duty of all sheriffs, constables and district attorneys
within the state of Oregon to cooperate with the board in the carrying out of
the provisions of this act and in prosecuting persons practicing chiropody
(podiatry) within the state of Oregon who are not licensed as provided herein
and to prosecute all other violations of the provisions of this act.
§ 13. Any person who shall knowingly violate any of the provisions of
section 2 of this act shall, upon conviction thereof, be fined in any sum not
exceeding three hundred dollars ($300), or be imprisoned in the county jail for
a period not to exceed one year. The board may suspend any licentiate for
a period not to exceed six (6) months on account of any misconduct on the
part of such licentiate, provided such conduct would not justify a revocation
of such license. Circuit courts, justice courts, municipal courts acting as
justice courts, and district courts hereby are given jurisdiction in matters
pertaining to the violation thereof.
49
§ 14. This act shall not prevent any person, firm or corporation from
manufacturing, selling, fitting or adjusting any shoe or appliance designed
and intended to equalize pressure on different parts of the foot; nor the sale
by licensed druggists of plasters, salves and lotions for the relief and cure
of corns, warts, callosities and bunions; nor shall anything in this act be con-
strued to apply to or interfere in any manner with the practice of any person
whose religion treats or administers to the sick or suffering by purely
spiritual means, nor with any individual’s selection of any such person; nor to
physicians licensed by the state board of medical examiners of this state, nor
to surgeons of the United States army, navy and United States public health
service, when in actual performance of their official duties.
INDEX
A.
ACTS-Conflicting, repealed
Assoºns AND INDIVIDUALS-Required to disclose past
recordS
AUTO CAMPGROUNDS—See Campgrounds
B
BARBERS–Sanitation of
BEDDING—
Duties of sealer of weights and measures
Infected materials, sale of unlawful
Label and brand, form of
License for making and repair of
Terms defined
Violations
BIRTHS AND DEATHS-See Vital Statistics
POARD OF HEALTH-See State, County, City
BURIAL–REMOVAL–PIERMITS-See Vital Statistics
BURIALS-See Vital Statistics
CAMPGROUNDS——Tourist
Campgrounds—Definition
Certificate of inspection
County Health Officer.—
COmpensation for inspection
Inspection and supervision by
TO examine and report -----
Fee for certificate
Fees, disposition of
Owner, violating rules—penalty
Rules and regulations
CASKET DEALERS—See Vital Statistics
CASP&ETS-See Vital Statistics ".
CEMETERIES-See State Board of Health; Vital Statistics;
Watershed
CERTIFICATES–See Vital Statistics
CHILDREN–Physical examination of in public schools; physical
defects, teachers to report
CHIROPODY—See State Chiropodist Examining Board
CITY HEALTH OFFICER—See Vital Statistics; County and City
Eoards of Health
Duties of
COMMON CARRIERS–See Quarantine
COMMUNICABLE DISEASES-See Quarantine
Deaths from, restrictions and removal
FHospitals and institutions to report
Infant conjunctivitis reportable
Infected persons, removal of
Library books, in re
Merchandise exposed, sale of prohibited
Pupils infected with, excluded from schools
Reporting of
Report blanks to be supplied
School attendange prohibited
State Board of Health has control of; declares What are------------
State Registrar to inform what are
Tuberculosis to be reported
Vaccination
Venereal diseases:
Declared to be communicable, exposure unlawful -------------------.
Drugs and nostrums for, unlawful when
Prisoners to be patients
Source of, to be investigated
Suspects may be examined, by whom
Treatment of, at public expense
Venereal diseases declared reportable
Sig. 7. 51
Section Page
85.19
41
8504 33
45
8.399 12
11 44
5–6 43
8 43
14 44
18 44
13 44
1 45
2 45
10 46
9 46
3 45
4 45
14 46
8–12 46
7 45
84.94 30
84.94 30
8472 24
42
8369 4
85 32
8430–8431 16
8380 7
8.395 12
8396 12
8391—8393 11
83.89 10
83.89 10
8391 11
8360 1
8503 33
84.16 13
8393 11
8423 14
8429 15
8426 14
8425 14
8425 14
8425 14
84.24 14
CONIDEMINATION.—
Procedure for damages
Property for waterworks
Property for sewers
CORONERS–See Vital Statistics
COUNTIES—See Quarantine; County and City Boards of Health
COUNTY AND CITY EO ARIDS OF HEALTH-
Annual convention of, traveling expenses Of
Duties Of; how created
Quarantine
Fecords Of
Secretary of:
Duties and compensation; qualifications
Removal of
Vacanacy, how filled
When appointed and by whom
Venereal diseases, investigation of source Of ---------------------------.
COUNTY COMMISSIONERS–See County and City Boards of
EHealth
D
DEATHS–See Vital Statistics; Communicable Diseases
DISEASE—Full power and control of, see State Board of Health
DIVORCES.–See Vital Statistics
E
EMBALMERS–See State Embalmers Examining Board ....................
EUGENICS.–See State Board of Eugenics
EXAMINATION.—School children
F
FEES—For certificates, see Vital Statistics
FUMIGATION
G
GUARDS—See Quarantine
H
HEALTH CERTIFICATES–Misrepresentations for, gross
misdemeanor
HEALTH OFFICERS–See State, County or City Board of Health
EHEALTH STATUTES–
District attorney, in re
Jurisdiction of courts, in re
Violation of, misdemeanor
Violations, penalty for
HOSPITALS AND OTHER INSTTTUTIONS-.
IBlanks to be supplied
Quarantine requirements concerning
Vital statistics to be kept and reported
I
INFECTED PERSONS–Removal of, see Communicable Diseases;
Quarantine
INFORMATION.—See Vital Statistics
INSPECTION_.
Common carriers -----.
Water, reports of, to state health officer
Water, right of entry for
Watersheds
Water supplies, failure to inspect, misdemeanor
INTERRED BODIES-See Vital Statistics
• * * * * * * * - - - - - we e º e e < e s s a s
Section
8464
8463
8463
8493
8489
8417–8419
8508
Page
22
22
22
29
4–
l
27
37
17
42
13
52
L
LAW- *
Enforcement, attorney general to assist in ; health officers and
registrars charged with
Execution, state health Officer charged with
Infractions to be reported
Violations:
To be investigated
To be reported to district attorney
Penalty for
LIBRARY BOOKS–See Communicable Diseases
LOCAL REGISTRARS–See Vital Statistics
M
MARRIAGES–See Vital Statistics
MATTRESSES-See Bedding
MERCHANDISE—Exposed to infection, sale prohibited ....................
MIDWIVES–To be registered
PASSENGERS–See Quarantine
Detention of, on common carriers
Infected, unlawful to travel
PHYSICIANS-
To be registered
TO exercise power of quarantine
TO report communicable diseases
PIPE INSTALLATIONS–See Water; Sewage
PODIATRY-See State Chiropodists Examining Board
POLI,UTION.—See Water
PRESIDENTS- -
State Board of Health
PRIMARY REGISTRATION DISTRICTS—Definition ........................
PRIVIES-See Schools
PROPERTY –
Condemnation of for waterworks; for sewers
Section
8489
839 6
8501
8361
8487
8463
Vacant buildings may be occupied for quarantine ........................
PUTRID SUBSTANCES, OR DEAD ANIMALS-
Placing of :
Causing offense, a misdemeanor
Q
QUALIFICATIONS—
Embalmers for license
Secretary of county and city health boards
Secretary of State Board of Health
QUARANTINE–
Common carriers—
8384
8475–847 6
12
8369
S362–8363
Detention of passengers 8388
Pisinfection of --------------------------------------------------.............................. 8388
Infected passengers, unlawful to travel 8397
Inspection of 8387
Quarantine of 837.2
To submit to regulations 8385
County against county 8386
County against another state 8386
Duration of quarantine 83.79
Guards for 83.79
Hospitals, requirements concerning 83.84
Physicians to exercise power of 8272
Placards, in re 83.78–8379
Power of, in whom vested 837.2
Restrictions of quarantined individuals 838.2
Sustenance, provision for 8381
Venereal infections, subject to 8425
Venereal prisoners, to be quarantined 8426
Vessels, quarantine and examination 83.72–8385–8387
QUORUM-Meeting of State Board of Health 8361
Page
41
41
41
41
41
41
27
12
32
32
6
10
6
-1
6
i
:
53
R
RAILROADS—See Common Carriers, Quarantine Section Page
RECORDS—See subject concerned
REGISTRATION.—Doctors, midwives, undertakers to be
registered 8501 32
REGISTRATION DISTRICTS-See Vital Statistics
RELIGIOUS SCRUPLES-Respected 85.18 41
REPORTS-See subject concerned
RULES AND REGULATIONS.––See subject concerned
S
SCHOOLS-
Communicable diseases, suspects, in re 8391—8392–8393 11
Infected pupils, in re 8391–8392–8393 11
Persons, excluded ----. 8391 11
Privies, to be provided 8394 11
Insanitary pupils, in re 8391—8392–8393 11
Vermin-infected pupils, in re 8392 11
SECRETARY-
See board of organization concerned
SEWERS–
Condemnation of property for 8463 22
Installation, permit for - 8462 22
Sewage, before entry into water supply, to be treated ...----------- 8470 23
Watershed residents to maintain 8471 23–24
SEXTONS-See Vital Statistics
SHEDS—See water
STATE–See Board
STATE BOARD OF EUGENICS.–
Appeal to Supreme Court * -' 10 19
Court procedure } 8 19
Duties of, in re sexual perverts, et al. º 2–3–6 17–18
Expenses of 1 17
Judgment enforced 9 19
Persons subject to this act, definition 2 17
Purpose of 5 18
Records of, written findings 4 17
Secretary of 1 17
Who constitutes 1 17
STATE BOARD OF HEALTH-
Communicable diseases, full power of control over .................. --> 8360 1
Meetings of 8361 2
Personnel, appointment of 8358 1
President of 8361 2
Putrid substances or dead animals placed to cause offense,
a misdemean Or 847 6–8477 24–25
Quorum, what constitutes 8361 2
Sanitary surveys and epidemiological investigations made.------- 8360 1
Secretary of:
Authority for travel 8361 2
How elected, qualifications, duties, powers ---------------------------- 8362–83.63 2
Salary of 8366 3
Sewers, see Sewers.
Streams, legislation in re, see Water
Supervisory powers over city and county health officers .......... 8369–8370 4-5
Vital statistics, recorded and reported 8360 1
Water, see Water.
STATE CHIHOPOIDISTS EXAMINING BOARD-
Chiropody, definition of I 47
Examinations 7–8 47–48
Expenses of 6 47
License 2–7–8–9–10 47–48
Personnel ..... 3 47
Practice regulated 14 50
Secretary 3–5 47
Violations 13 49
54
STATE EMBALMERS EXAMINING BOARD .
Certificate of
Embalming, definition of
Examinations
Expenses of
Section Page
12–14
2
10–12
Personnel of
Qualifications
Reciprocity license
Flevocation of certificate
Secretary
Violations
STATISTICAL RECORDS—See subject concerned
SUPERVISORY POWERS–See State Board Of Health
SUPPLEMENTAL BIRTH FEPORTS-See Vital Statistics
SUSTENANCE—See Quarantine
T
TRAVEL–
Authority for:
City and County Health Officers to attend an ual
COnvent 1011
Members of State Board of Eugenics
Secretary of State Board of Health
Infected person, unlawful to travel
TREATMENT—
Sewage before entry into water supply
Venereal diseases, treatment at public expense
"Venereal prisoners
TUIEEFRCULOSIS-
Fumigation for
Library books
To be reported
U
UNDERTAKERS–See State Embalmers Examining Eoard
To be registered
V
VENEREAL DISEASES-Sée Quarantine; Communicable Diseases ;
State Board of Health; Vital Statistics
VERMIN–Infected pupils, in re ....
8501
S392
VESSELS–See Quarantine
VITAT, STATISTICS.–
Births:
Certificates of:
By whom and when registered
By whom made
What to contain
Certified copies of, how obtained
Certified copies, fees for; copies of records of, how and by
whom issued
Certified copies, evidence when
Reports, supplemental, when made
Registration in district of birth
Registration of births:
In charge of State Board of Health
8507
8505–8507
To be enforced by State Health Officer
Still births
Stillbirths, burial permit required
Births and deaths:
Certificates, specifications of
Certified copies of, evidence when
Certified copies of records, how and when issued ; fee for ------
Registration of, in charge of State Board of Health, enforced
by State Health Officer
Stillbirths
Blanks furnished by state registrar
Caskets:
Lealers to report monthly sales of; must contain blank
certificate and instructions if sold at retail -------------------------.
Coroners, investigation of deaths
COrpse:
Movement of; permit to ship
Permanent disposition of
84.90
849 4–8495
38–39
12
23
14
13
13
11
30
29–30
28
30
55
VITAL STATISTICS.–Continued.
Deaths: tº Section Page
Certificate of:
Complete; to be filed with local registrar .......................... 84.94 30
EHOW filed 84.92 28–29
Improper certificates, penalty for filing --------------------.... ---- 8508 35
Necessary to secure burial-removal permit ------------------------ 84.90 28
Specifications for 8505 33–34
Certified copies of :
Evidence when, and where issued 8505–8507 33–34–35
How Obtained 8504 33
Record of, how and by whom issued; fee for -------------------. 8507 35
Registration of :
In charge of State Board of Health ; to be enforced by
State Health Officer .... 8486 27
Unlawful, referred to coroner 8493 29–30
Without medical attendance 8493 29–30
Divorces, reported by county clerks 27
Embalmers—See State Embalmers Examining Board
Fees, for certified copies of births and deaths ----------------............. 8507 35
Hospitals and institutions report statistics; record statistics.... 8502 32–33
Individuals and associations required to disclose past records 8504 33
Information, persons required to furnish 8508 33
Interred bodies, undertaker to file permit with sexton .................. 849 4–8495 30
Local registrars:
Duties of 8505 33–34
Remuneration of: by whom paid 8506 34–35
To distribute blanks, enforce registration laws ...................... 8505 33–34
Marriages, reported by county clerks . r 27
Midwives to be registered 8501 32
Misdemeanors, false information in re, certificates .......................... 8508 35
Permits for permanent disposition of corpse; transit ............ 849 4–8495–849 6 30–31
Return of indorsed permits; burial, when issued .................. 8505 33–34
Physicians, to be registered 8501 32
Registrar, state
Assistant may be appointed 8486 27
Definition of, duties of 8486 27
TO supply blanks - 8502 32–33
Registration districts, state to be divided into: definition of
primary registration districts 8487 27
Sextons :
Undertakers file permits with 8494–8495 30
Return indorsed permits to local registrars 849 6 31
Shipment, receipt of corpse, must be accompanied by permit.--- 84.90 28
Statistical, complete reports to be returned; records, how kept 8503 33
Statistics:
Hospital and institutions report and record ---. 8502 32
Necessary clerks employed to record 8486 27
Undertakers, to be registered - 8501 32
Venereal diseases, see Communicable Diseases
W
WATER—
Condemnation of property for waterworks 8463 22
Condemnation, procedure, damages for - 8464 22
Examination of samples monthly 8465 22
Failure to inspect, misdemeanor 8467 23
Inland waters, control of, examined by, contamination and -
purification of ... 8460 21
Inspection of:
Water supply, by whom made 8473 24
Watersheds, by whom made 84.66 22–23
Right of entry 8468 23
Installation of: -
Water systems; permits for 8461 21
Pipes, repairs, right of entry * 8464 22
Lines, damaging or obstructing, a misdemeanor ---------------------------- 8474 24
Pollution of : -
Water Supply by any substance or carcass ........................ 8475–847 6–8477 24–25
Property, condemnation for waterworks 8463 22
Residents in watershed :
Amenable to health instructions 846.9 23
To maintain sewer Systems 8471 23–24
Supplies:
Sewage to be treated before entry into 8470 23
Pollution of, a misdemeanor 8475–8477 24–25
Watersheds:
Cemeteries and burial grounds, distance from -----------................. 8472 24
Inspection of, by whom made, reports 8468–8473 23–24
Residents in - 8469–8471 23–24
56