As used in this chapter:
(1) “Board” means the Oregon Health and Science University Board of
Directors established under ORS 353.040.
(2) “Public corporation” means an entity that is created by the
state to carry out public missions and services. In order to carry out
these public missions and services, a public corporation participates in
activities or provides services that are also provided by private
enterprise. A public corporation is granted increased operating
flexibility in order to best ensure its success, while retaining
principles of public accountability and fundamental public policy. The
board of directors of a public corporation is appointed by the Governor
and confirmed by the Senate but is otherwise delegated the authority to
set policy and manage the operations of the public corporation.
(3) “University” or “Oregon Health and Science University” means
the Oregon Health and Science University public corporation created under
ORS 353.020. [1995 c.162 §1; 1999 c.291 §1]Oregon Health and Science University is
established as a public corporation and shall exercise and carry out all
powers, rights and privileges that are expressly conferred upon it, are
implied by law or are incident to such powers. The university shall be a
governmental entity performing governmental functions and exercising
governmental powers. The university shall be an independent public
corporation with statewide purposes and missions and without territorial
boundaries. The university shall be a governmental entity but shall not
be considered a unit of local or municipal government or a state agency
for purposes of state statutes or constitutional provisions. [1995 c.162
§2; 1999 c.291 §2; 2001 c.123 §1] (1) It
shall be the public policy of the Oregon Health and Science University in
carrying out its missions as a public corporation:
(a) To serve the people of the State of Oregon by providing
education in health, science, engineering and their management for
students of the state and region.
(b) To provide:
(A) An environment that stimulates the spirit of inquiry,
initiative and cooperation between and among students, faculty and staff;
(B) Research in health care, engineering, biomedical sciences and
general sciences; and
(C) The delivery of health care to contribute to the development
and dissemination of new knowledge.
(2) The university will strive for excellence in education,
research, clinical practice, scholarship and community service while
maintaining compassion, personal and institutional integrity and
leadership in carrying out its missions.
(3) The university is designated to carry out the following public
purposes and missions on behalf of the State of Oregon:
(a) Provide high quality educational programs appropriate for a
health and science university;
(b) Conduct research in health care, engineering, biomedical
sciences and general sciences;
(c) Engage in the provision of inpatient and outpatient clinical
care and health care delivery systems throughout the state;
(d) Provide outreach programs in education, research and health
care;
(e) Serve as a local, regional and statewide resource for health
care providers; and
(f) Continue a commitment to provide health care to the underserved
patient population of Oregon.
(4) The university shall carry out the public purposes and missions
of this section in the manner that, in the determination of the Oregon
Health and Science University Board of Directors, best promotes the
public welfare of the people of the State of Oregon. [1995 c.162 §3; 2001
c.123 §3]
Chapter 162, Oregon Laws 1995, shall be liberally construed to effect the
purposes and intent thereof. If any provision of chapter 162, Oregon Laws
1995, or the application of that provision to any particular circumstance
or person, shall be held invalid, the remainder of chapter 162, Oregon
Laws 1995, and the application of that provision to circumstances or
persons other than those to which it is held invalid shall not be
affected thereby. [1995 c.162 §90]Note: Legislative Counsel has substituted “chapter 162, Oregon Laws
1995,” for the words “this Act” in section 90, chapter 162, Oregon Laws
1995, compiled as 353.035. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by
referring to the 1995 Comparative Section Table located in Volume 20 of
ORS.BOARD OF DIRECTORS(1) There is established an Oregon Health and Science
University Board of Directors consisting of 10 members. The directors,
except for the president of the university, shall be appointed by the
Governor and shall be confirmed by the Senate in the manner prescribed in
ORS 171.562 and 171.565.
(2) Except for the president of the university, the term of office
of each nonstudent member is four years. The term of office of the
student member is two years. Before the expiration of the term of a
member, the Governor shall appoint a successor whose term begins on
October 1 next following. A member is eligible for reappointment for one
additional term. If there is a vacancy for any cause, the Governor shall
make an appointment to become effective immediately for the unexpired
term. The board shall nominate a slate of candidates whenever a vacancy
occurs or is announced and shall forward the recommended candidates to
the Governor for consideration. To assist the Governor in appointing the
student member, the duly organized and recognized entity of student
government shall submit a list of nominees to the Governor for
consideration.
(3) The membership of the board shall be as follows:
(a) One representative who is a nonstudent member of the State
Board of Higher Education.
(b) Seven representatives who, in the discretion of the Governor,
have experience in areas related to the university missions or that are
important to the success of Oregon Health and Science University,
including but not limited to higher education, health care, scientific
research, engineering and technology and economic and business
development.
(c) One representative who is a student enrolled at the university.
(d) The president of the university, who shall be an ex officio
voting member.
(4) Directors must be citizens of the United States. Except for the
president of the university, no voting member may be an employee of the
university.
(5) The board shall select one of its members as chairperson and
another as vice chairperson for such terms and with such duties and
powers as the board considers necessary for performance of the functions
of those offices. The board shall adopt bylaws concerning how a quorum
shall be constituted and when a quorum shall be necessary.
(6) The board shall meet at least once every three months at Oregon
Health and Science University. The board shall meet at such other times
and places specified by the chairperson or by a majority of the members
of the board.
(7) The Governor may remove any member of the board at any time for
cause, after notice and public hearing, but not more than three members
shall be removed within a period of four years, unless it is for corrupt
conduct in office. [1995 c.162 §4; 1999 c.291 §3; 2001 c.123 §4] Except
as otherwise provided in this chapter, the Oregon Health and Science
University Board of Directors, or university officials acting under the
authority of the board, shall exercise all the powers of the Oregon
Health and Science University and shall govern the university. In
carrying out its powers, rights and privileges, the university shall be a
governmental entity performing governmental functions and exercising
governmental powers. The university or the board may either within or
outside the state:
(1) Determine or approve policies for the organization,
administration and development of the university.
(2) Appoint and employ any instructional, administrative,
professional, trade, occupational and other personnel as are necessary or
appropriate to carry out the missions of the university, and prescribe
their compensation and terms of office or employment.
(3) Make any and all contracts and agreements, enter into any
partnership, joint venture or other business arrangement, create and
participate fully in the operation of any business structure, including
but not limited to the development of business structures for health care
delivery systems and networks with any public or private government,
nonprofit or for-profit person or entity that in the judgment of the
university or the board is necessary or appropriate to carry out the
university’s missions and goals.
(4) Acquire, purchase, receive, hold, control, convey, sell,
manage, operate, lease, license, lend, invest, improve, develop, use,
dispose of and hold title to real and personal property of any nature,
including intellectual property, in its own name.
(5) Sue in its own name and be sued, plead and be impleaded in all
actions, suits or proceedings in any forum brought by or against it by
any and all private or state, local, federal or other public entities,
agencies or persons.
(6) Encourage gifts and donations for the benefit of the
university, and subject to the terms of the gift, retain, invest and use
such gifts as deemed appropriate by the university or the board.
(7) Acquire, receive, hold, keep, pledge, control, convey, manage,
use, lend, expend and invest all funds, appropriations, gifts, bequests,
stock and revenue from any source to the university.
(8) Borrow money for the needs of the university, in such amounts
and for such time and upon such terms as may be determined by the
university or the board.
(9) Erect, construct, improve, develop, repair, maintain, equip,
furnish, lease, lend, convey, sell, manage, operate, use, dispose of and
hold title to buildings, structures and lands for the university.
(10) Purchase any and all insurance, operate a self-insurance
program or otherwise arrange for the equivalent of insurance coverage of
any nature and the indemnity and defense of its officers, agents and
employees or other persons designated by the university to carry out or
further the missions of the university.
(11) Create, develop, supervise, control and adopt academic
programs, including standards, qualifications, policies or practices
relating to admissions, curriculum, academic advancement, grading policy,
student conduct, credits and scholarships and the granting of academic
degrees, certificates and other forms of recognition.
(12) Authorize, create, eliminate, establish, operate, reorganize,
reduce or expand any program, school, institute, health care facility or
other unit of operation.
(13) Establish, charge, collect and use charges for enrollment into
the university, including charges such as tuition for education and
general services, incidental fees and such other charges found by the
university to be necessary to carry out its educational programs. Fees
realized in excess of amounts allocated and exceeding required reserves
shall be considered surplus incidental fees and shall be allocated for
programs under the control of the board and found to be advantageous to
the cultural or physical development of students of the university upon
the recommendation of the recognized student government of the university.
(14) Establish, charge, collect and use charges and fees for
university services and the use of university facilities.
(15) Impose charges, fines, fees and such other regulations
considered convenient or necessary to control and regulate traffic and
parking of vehicles to the same extent allowed the State Board of Higher
Education. This authority includes the authority to enforce the
regulations of the university in a court to the extent allowed the State
Board of Higher Education in enforcing the state board’s regulations as
provided in ORS 352.360 (7).
(16) Commission as special campus security officers one or more
individuals who will have probable cause arrest authority and the
accompanying immunities as set forth in ORS 133.310 and 133.315 when
acting in the scope of their duties, provided that such individuals are
trained and certified by the Department of Public Safety Standards and
Training, and provided further that such officers shall not be authorized
to carry firearms as police officers and shall not be considered police
officers for purposes of ORS 181.610, 238.005, 243.005 or 243.736. The
university shall be considered a criminal justice agency for purposes of
ORS 181.715 and 181.720.
(17) Enforce and recover for payment to the university any fines
that are authorized by this chapter.
(18) Adopt, amend or repeal bylaws, administrative rules,
regulations and orders applicable to the matters that are the subject of
this chapter.
(19) Contract with any state agency for the performance of such
duties, functions and powers as is appropriate. A state agency shall not
charge the university for such services an amount that is greater than
the actual cost of the services.
(20) Purchase, receive, subscribe for or otherwise acquire, own,
hold, vote, use, sell, mortgage, lend, pledge, invest in or otherwise
dispose of and deal in or with the shares, stock or other equity or
interests in or obligations of any other entity. Separate funds may be
established for such investments. The State of Oregon shall have no
proprietary or other interest in such investments or such funds.
(21) Make available, by lease or otherwise, or control access to
any health care facilities or services or other of its properties and
assets to such persons, firms, partnerships, associations or corporations
and on such terms as considered appropriate, charge and collect rent or
other fees or charges therefor and terminate or deny any such access or
any such lease or other agreement for such reasons as considered
appropriate and as may be consistent with its obligations under any such
lease or other agreement.
(22) Contract for the operation of any department, section,
equipment or holdings of the university and enter into any agreements
with any person, firm or corporation for the management by said person,
firm or corporation on behalf of the university of any of its properties
or for the more efficient or economical performance of clerical,
accounting, administrative and other functions relating to its health
care facilities.
(23) Select and appoint faculty as medical and dental staff members
and others licensed to practice the healing arts, delineate and define
the privileges granted each such individual, adopt and direct a plan for
faculty clinical income and set the terms and conditions of that plan
(including such modifications to any such existing plan as considered
necessary or appropriate upon expiration of the term of such plan), and
determine the extent to which and the terms upon which each such
individual may provide teaching, research, consulting or other services
at the university or any other health care facility.
(24) Enter into affiliation, cooperation, territorial, management
or other similar agreements with other public or private universities or
health care providers for the sharing, division, allocation or furnishing
of services on an exclusive or a nonexclusive basis, referral of
patients, management of facilities, formation of health care delivery
systems and other similar activities.
(25) Perform any other acts that in the judgment of the board or
university are requisite, necessary or appropriate in accomplishing the
purposes described in or carrying out the powers granted by this chapter.
(26) Exercise these powers, notwithstanding that as a consequence
of the exercise of such powers, the university engages in activities that
might otherwise be deemed anticompetitive within the contemplation of
state or federal antitrust laws. [1995 c.162 §8; 1997 c.853 §38; 1999
c.291 §4] The Oregon Health and Science
University Board of Directors shall appoint a president of the
university. The president is the president of the faculty and is the
executive and governing officer of the university. Subject to the
supervision of the board, the president has authority to direct the
affairs of the university. [1995 c.162 §11](1) As used in this section:
(a) “Direct labor” includes all work required for preparation,
processing and packing, but not supervision, administration, inspection
or shipping.
(b) “Disabled individual” means an individual who, because of the
nature of the individual’s disabilities, is not able to participate fully
in competitive employment, and for whom specialized employment
opportunities must be provided.
(c) “Qualified nonprofit agency for disabled individuals” means a
nonprofit activity center or rehabilitation facility:
(A) Organized under the laws of the United States or of this state
and operated in the interest of disabled individuals, and the net income
of which does not inure in whole or in part to the benefit of any
shareholder or other individual;
(B) That complies with any applicable occupational health and
safety standards required by the laws of the United States or of this
state; and
(C) That in the manufacture of products and in the provision of
services during the fiscal year employs disabled individuals for not less
than 75 percent of the work hours of direct labor required for the
manufacture or provision of the products or services.
(2) The Oregon Health and Science University Board of Directors
shall further the policy of this state to encourage and assist disabled
individuals to achieve maximum personal independence through useful and
productive gainful employment by ensuring an expanded and constant market
for sheltered workshop and activity center products and services, thereby
enhancing the dignity and capacity of disabled individuals for
self-support and minimizing their dependence on welfare and need for
costly institutionalization.
(3) It shall be the duty of Oregon Health and Science University to:
(a) Determine the price of all products manufactured and services
offered for sale to the university by any qualified nonprofit agency for
disabled individuals. The price shall recover for the workshops the cost
of raw materials, labor, overhead, delivery costs and a margin held in
reserve for inventory and equipment replacement;
(b) Revise such prices from time to time in accordance with
changing cost factors;
(c) Make such rules regarding specifications, time of delivery and
other relevant matters of procedure as shall be necessary; and
(d) Utilize prices and specifications, in its discretion,
established by the Oregon Department of Administrative Services.
(4) The university shall establish and publish a list of sources or
potential sources of products produced by any qualified nonprofit agency
for disabled individuals and the services provided by any such agency
that the university determines are suitable for its procurement. The
university, in its discretion, may utilize any list established and
published by the Oregon Department of Administrative Services.
(5) If the university intends to procure any product or service on
the procurement list, the university shall procure such product or
service at the price established by the university from a qualified
nonprofit agency for disabled individuals, provided the product or
service is of the appropriate specifications and is available at the
location and within the period required by the university.
(6) It is the intent of the Legislative Assembly that there be
close cooperation between the board, the university and qualified
nonprofit agencies for disabled individuals. The university, on behalf of
the board, is authorized to enter into such contractual agreements,
cooperative working relationships or other arrangements as may be
necessary for effective coordination and efficient realization of the
objectives of this section. [1995 c.162 §16a; 1999 c.291 §5] Oregon Health and
Science University shall file with the Legislative Assembly and the
Governor, not later than April 15 of each year, a report of the
university’s activities and operations for the preceding year. [1995
c.162 §7; 1999 c.291 §6]AUTHORITY AND DUTIES (1) The provisions of
ORS chapters 35, 190, 192, 244 and 295 and ORS 30.260 to 30.460, 200.005
to 200.025, 200.045 to 200.090, 236.605 to 236.640, 243.650 to 243.782,
297.040, 307.090 and 307.112 shall apply to Oregon Health and Science
University under the same terms as they apply to public bodies other than
the state.
(2) Except as otherwise provided by law, the provisions of ORS
chapters 182, 183, 240, 270, 273, 276, 279A, 279B, 279C, 283, 291, 292,
293, 294 and 297 and ORS 35.550 to 35.575, 180.060, 180.210 to 180.235,
183.710 to 183.725, 183.745, 183.750, 184.305 to 184.345, 190.430,
190.480, 190.490, 192.105, 200.035, 236.380, 243.105 to 243.585, 243.696,
278.011 to 278.120, 278.315 to 278.415, 279.835 to 279.855, 282.010 to
282.150, 357.805 to 357.895 and 656.017 (2) shall not apply to the
university or any not-for-profit organization or other entity if the
equity of the entity is owned exclusively by the university and if the
organization or entity is created by the university to advance any of the
university’s statutory missions.
(3) The university, as a distinct governmental entity, or any
organization or entity described in subsection (2) of this section shall
not be subject to any provision of law enacted after January 1, 1995,
with respect to any governmental entity, unless the provision
specifically provides that it applies to the university or to the
organization or entity. [1995 c.162 §9; 1999 c.291 §7; 2001 c.921 §27;
2003 c.534 §13; 2003 c.794 §263](1) Legal title to real property and facilities
acquired by the State of Oregon prior to July 1, 1995, and utilized by
Oregon Health and Science University shall remain with the State of
Oregon. However, the university shall have the exclusive care, custody
and control of such real property and facilities pursuant to an exclusive
leasehold interest in the real property and facilities for a term of 99
years. The term of the leasehold shall begin on July 1, 1995, and shall
renew automatically and perpetually for consecutive 99-year terms.
(2) Notwithstanding any other provisions of Oregon law concerning
the authority of state agencies to lease real property and facilities,
the Oregon Department of Administrative Services acting on behalf of the
State of Oregon shall execute a ground lease for all real property and
facilities utilized by the university consistent with the provisions of
this section.
(3) The ground lease shall not be subject to any termination unless:
(a) The State of Oregon causes all outstanding obligations of the
university to be defeased under the terms of any applicable master
indenture or financing agreement; and
(b) There are no other conditions placed on the university.
(4) Upon execution of the ground lease, the university shall pay
the State of Oregon the sum of $99 in consideration for the ground lease.
(5) The ground lease executed under this section shall supersede
the lease entered into between the State of Oregon and the university in
December 1995, with respect to the real property and facilities,
including but not limited to provisions in the lease relating to or
setting forth:
(a) Purported limitations on the authority of the State Board of
Higher Education to bind the State of Oregon;
(b) The term of the lease and the absence of any renewal
provisions; and
(c) Any circumstances under which the lease may be terminated.
(6) The university shall manage and maintain all real property and
facilities utilized by the university. Real property and facilities of
the State of Oregon leased to the university pursuant to this section
shall not be sold by the university but may be encumbered by the
university. Such real property and facilities shall only be encumbered by
the State of Oregon in accordance with state law and in a manner that
would not impair the financial condition of the university or the rights
of the holders of any obligations of the university issued or incurred
under any master indenture or other financing agreement. [1995 c.162 §34;
1999 c.291 §18] The
Oregon Health and Science University may acquire, by condemnation or
otherwise, private property that is necessary or convenient in carrying
out any power granted to the university. The right to acquire property by
condemnation shall be exercised as provided by ORS chapter 35. [1995
c.162 §22; 2003 c.534 §14] (1) Pursuant
to ORS 353.050, Oregon Health and Science University may create and
maintain an entity that is exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code, as amended, for the purpose of
conducting clinical care and practice and advancing other university
missions by the faculty.
(2) Any entity created by the university under subsection (1) of
this section shall be considered:
(a) A public employer for purposes of ORS 236.605 to 236.640 and
ORS chapters 238 and 238A;
(b) A unit of local government for purposes of ORS 190.003 to
190.130;
(c) A public body for purposes of ORS 30.260 to 30.300 and 307.112;
(d) A public agency for purposes of ORS 200.090; and
(e) A public corporation for purposes of ORS 307.090. [2001 c.921
§26; 2003 c.86 §9; 2003 c.733 §75] The Oregon
Health and Science University shall adopt a comprehensive alcohol and
drug abuse policy and implementation plan. [1995 c.162 §27] The Oregon Health and Science University
subscribes to the policy set forth under ORS 279A.015 regarding public
contracting, and shall develop contract policies that support openness,
impartiality and competition in the awarding of contracts in accordance
with that provision. The university subscribes to the intent of the
social policies of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and
279C and shall develop contract policies that are appropriate to the
university and are designed to encourage affirmative action, recycling,
inclusion of art in public buildings, the purchase of services and goods
from disabled individuals, the protection of workers through the payment
of prevailing wages as determined by the Bureau of Labor and Industries,
the provision of workers’ compensation insurance to workers on contracts
and the participation of emerging small businesses and businesses owned
by women and minorities. [1995 c.162 §16; 2003 c.794 §264] (1) By September 1 of each
even-numbered year the Oregon Health and Science University shall submit
to the Oregon Department of Administrative Services a funding request for
each biennium. The Oregon Department of Administrative Services shall
include and submit a university funding request to the Legislative
Assembly as part of the Governor’s biennial budget. Any such request
approved by the Legislative Assembly shall be appropriated to the Oregon
Department of Administrative Services for direct allocation to the
university. The budget request to the Legislative Assembly shall include
a presentation on tuition and student fee levels.
(2) The university budget shall be prepared in accordance with
generally accepted accounting principles and adopted by the Oregon Health
and Science University Board of Directors in accordance with ORS 192.610
to 192.710. [1995 c.162 §13] Nothing in this chapter shall affect the
constitutional duties and authority of the Secretary of State to audit
public accounts. However, the Oregon Health and Science University shall
conduct independent audits if such audits are considered advisable by the
university. Such audits shall be subject to the exclusive discretion and
control of the university and shall be subject to disclosure pursuant to
ORS 192.410 to 192.505. [1995 c.162 §14] Oregon Health and Science
University may adopt policies relating to the creation, use, custody and
disclosure, including access, of student education records of the
university that are consistent with the requirements of applicable state
and federal law. Whenever a student has attained 18 years of age or is
attending the university, the permission or consent required of and the
rights accorded to a parent of the student regarding education records
shall thereafter only be required of and accorded to the student. [1995
c.162 §26; 1999 c.291 §8](1) No student shall be refused admission to the Oregon
Health and Science University or be expelled for the sole reason that,
because of religious beliefs, the student is unable to attend classes on
a particular day.
(2) Any student in the university who, because of religious
beliefs, is unable to attend classes on a particular day shall be excused
on that day from any examination, study requirement or work requirement.
However, at the student’s own expense the student shall make up the
examination, study requirement or work requirement missed because of the
absence. [1995 c.162 §30](1) A student at the Oregon Health and Science University who is a
member of the military and who is ordered to federal or state active duty
for more than 30 consecutive days has the following rights:
(a) With regard to a course in which the student is enrolled and
for which the student has paid tuition and fees, the right to:
(A) Withdraw from the course, subject to the provisions of
subsection (2) of this section;
(B) Receive a grade of incomplete and, upon release from active
duty, complete the course in accordance with the practice of the
university for completion of incomplete courses; or
(C) Continue and complete the course for full credit, subject to
the provisions of subsection (3) of this section;
(b) The right to a credit described in ORS 353.202 for all amounts
paid for room, board, tuition and fees;
(c) If the student elects to withdraw from the university, the
right to be readmitted and reenrolled at the university within one year
after release from active duty without a requirement of redetermination
of admission eligibility; and
(d) The right to continuation of scholarships and grants awarded to
the student that were funded by the university or the Oregon Student
Assistance Commission before the student was ordered to active duty.
(2) If the student elects to withdraw from a course under
subsection (1)(a)(A) of this section, the university may not:
(a) Give the student academic credit for the course from which the
student withdraws;
(b) Give the student a failing grade or a grade of incomplete or
make any other negative annotation on the student’s record; or
(c) Alter the student’s grade point average due to the student’s
withdrawal from the course.
(3) A student who elects to continue and complete a course for full
credit under subsection (1)(a)(C) of this section is subject to the
following conditions:
(a) Course sessions the student misses due to active duty shall be
counted as excused absences and may not adversely impact the student’s
grade for the course or rank in the student’s class.
(b) The student may not be automatically excused from completing
course assignments due during the period the student serves on active
duty.
(c) A letter grade or a grade of pass may be awarded only if, in
the opinion of the teacher of the course, the student completes
sufficient work and demonstrates sufficient progress toward meeting
course requirements to justify the grade.
(4) The Oregon Health and Science University Board of Directors
shall adopt rules for the administration of this section.
(5) As used in this section, “member of the military” means a
person who is a member of:
(a) The Oregon National Guard or the National Guard of any other
state or territory; or
(b) The reserves of the Army, Navy, Air Force, Marine Corps or
Coast Guard of the United States. [2005 c.170 §8; 2005 c.836 §17](1)(a) The amount of the credit specified
in ORS 353.200 (1)(b) shall be based on:
(A) The amount of room and board paid by the student for a term
that the student does not complete because the student is ordered to
active duty; and
(B) The amount of tuition and fees paid by the student for a course
from which the student withdraws.
(b) The amount of the credit shall be prorated based on the number
of weeks remaining in the term or course when the student withdraws.
(c) At the time a student withdraws from a course at the Oregon
Health and Science University or from the university, the student must
elect to claim the credit:
(A) As a credit toward tuition and fees or room and board if the
student reenrolls at the university under ORS 353.200 (1)(c); or
(B) As a monetary payment.
(2) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section may change the method
of claiming the credit to the method described in subsection (1)(c)(B) of
this section by giving notice to the university.
(3) A student who elects to claim the credit by the method
described in subsection (1)(c)(A) of this section must use the credit or
change the method of claiming the credit under subsection (2) of this
section within one year after release from active duty.
(4) A personal representative of a student who elected to claim the
credit by the method described in subsection (1)(c)(A) of this section
may claim a monetary payment upon presenting evidence to the university
that the student died while serving on active duty.
(5) The Oregon Health and Science University Board of Directors
shall adopt rules for the administration of this section, including rules
that determine the amount of credit and the method by which the credit is
prorated. [2005 c.170 §9]The Oregon Health and Science University shall give
credit for education and training obtained by a person while serving in
the Armed Forces of the United States, as defined in ORS 351.642. The
education and training for which credit may be given must meet the
standards adopted by the Oregon Health and Science University Board of
Directors by rule. [2005 c.518 §5]Note: Section 6, chapter 518, Oregon Laws 2005, provides:
Sec. 6. Sections 1 to 5 of this 2005 Act [341.533, 351.646,
353.205] first apply to the 2006-2007 academic year. [2005 c.518 §6] (1) The Oregon
Health and Science University shall convene a physical access committee
to identify barriers to access by disabled persons at the university. The
committee shall include, but not be limited to:
(a) One or more students who are disabled, or if there are no
disabled students willing to participate, a disabled person who uses the
university’s facilities;
(b) One or more members of the faculty or staff who are disabled;
(c) The coordinator of disabled student services for the university;
(d) One or more administrators of the university; and
(e) One or more members of the physical plant staff of the
university.
(2) The physical access committee shall present its findings and
recommendations to the administration of the university, listing access
needs and priorities for meeting those needs. These findings and
recommendations shall identify the barriers to access that prevent
disabled persons from meaningfully utilizing campus facilities related to
instruction, academic support, assembly and residence life.
(3) In preparing budget requests for each biennium the university
shall include amounts for capital improvement that will be applied to the
substantial reduction and eventual elimination of barriers to access by
disabled persons as identified by the physical access committee.
(4) Nothing in this section and ORS 185.155 and 341.937 requires
the university to undertake projects for accessibility that are not
otherwise required unless such projects are funded specifically by the
Legislative Assembly. [1995 c.162 §29]PERSONNEL Notwithstanding the
provisions of ORS chapters 238 and 238A, the Oregon Health and Science
University may offer to its employees, in addition to the Public
Employees Retirement System, alternative retirement programs. [1995 c.162
§15; 1997 c.249 §111; 2003 c.733 §76] (1) Oregon
Health and Science University may adopt policies governing access to
university personnel records that are less than 25 years old.
(2) Policies adopted under subsection (1) of this section shall
require that personnel records be subjected to restrictions on access
unless the president of the university finds that the public interest in
maintaining individual rights to privacy in an adequate educational
environment would not suffer by disclosure of such records. Access to
such records may be limited to designated classes of information or
persons, or to stated times and conditions, or to both, but cannot be
limited for records more than 25 years old.
(3) No rule or order adopted pursuant to this section shall deny to
a faculty member full access to the member’s personnel file or records
kept by the university, except as provided in subsection (4)(d) and (e)
of this section.
(4)(a) The files relating to the evaluation of a faculty member
shall be kept in designated, available locations.
(b) Any evaluation received by telephone shall be documented in
each of the faculty member’s files by means of a written summary of the
conversation with the names of the conversants identified.
(c) A faculty member shall be entitled to submit, for placement in
the files, evidence rebutting, correcting, amplifying or explaining any
document contained therein and other material that the member believes
might be of assistance in the evaluation process.
(d) Letters and other information for a faculty member of the
university submitted in confidence to the State Board of Higher Education
or its institutions, schools or departments prior to July 1, 1975, shall
be maintained in the files designated by paragraph (a) of this
subsection. However, if a faculty member requests access to those files,
the anonymity of the contributor of letters and other information
obtained prior to July 1, 1975, shall be protected. The full text shall
be made available, except that portions of the text that would serve to
identify the contributor shall be excised by a faculty committee. Only
the names of the contributors and the excised portions of the documents
may be kept in a file other than the files designated by paragraph (a) of
this subsection.
(e) Confidential letters and other information submitted to or
solicited by the university after July 1, 1995, and prior to the
employment of a prospective faculty member are exempt from the provisions
of this paragraph. However, if the member is employed by the university,
the confidential preemployment materials shall be placed in the files
designated by paragraph (a) of this subsection. If a faculty member
requests access to the member’s files, the anonymity of the contributor
of confidential preemployment letters and other preemployment information
shall be protected. The full text shall be made available, except that
portions of the text that would serve to identify the contributor shall
be excised and retained in a file other than the files designated by
paragraph (a) of this subsection.
(f) Classroom survey evaluations by students of a faculty member’s
classroom or laboratory performance shall be anonymous. The record of
tabulated reports shall be placed in at least one of the files designated
by paragraph (a) of this subsection. All survey instruments used to
obtain evaluation data shall be returned to the faculty member.
(g) The university, when evaluating its employed faculty members,
shall not solicit or accept letters, documents or other materials, given
orally or in written form, from individuals or groups who wish their
identity kept anonymous or the information they provide kept confidential.
(5) No policy or order adopted pursuant to this section limits the
authority of the university to prepare, without identification of
individual persons who have not consented thereto, statistical or
demographic reports from personnel records.
(6) Any category of personnel records specifically designated as
confidential pursuant to valid policies or orders as provided in this
section shall not be deemed a public record for the purposes of ORS
192.420.
(7) As used in this section, “personnel records” means records
containing information kept by the university concerning a faculty member
and furnished by the faculty member or by others about the faculty member
at the member’s or at the university’s request, including but not limited
to information concerning discipline, membership activity, employment
performance or other personal records of individual persons. [1995 c.162
§23; 1999 c.291 §9](1) Oregon Health and Science University may authorize receipt
of compensation for any officer or employee of the university from
private or public resources, including but not limited to income from:
(a) Consulting;
(b) Appearances and speeches;
(c) Intellectual property conceived, reduced to practice or
originated and therefore owned within the university;
(d) Providing services or other valuable consideration for a
private corporation, individual or entity, whether paid in cash or in
kind, stock or other equity interest, or anything of value regardless of
whether there is a licensing agreement between the university and the
private entity;
(e) Performing public duties paid by private organizations,
including university corporate affiliates, that augment an officer’s or
employee’s publicly funded salary. Such income shall be authorized and
received in accordance with policies established by the university; and
(f) Providing medical and other health services.
(2) The university shall not authorize compensation, as described
in subsection (1) of this section, that, in the university’s judgment,
does not comport with the missions of the university or substantially
interferes with an officer’s or employee’s duties to the university.
(3) Any compensation described and authorized under subsection (1)
of this section shall be considered official salary, honorarium or
reimbursement of expenses for purposes of ORS 244.040. If authorization
or receipt of such compensation creates a potential conflict of interest,
the potential conflict shall be reported in writing in accordance with
policies of the university. The disclosure is a public record subject to
public inspection.
(4) The university shall adopt standards governing employee outside
employment and activities of employees, including potential conflicts of
interest, as defined by the university and consistent with ORS 244.020,
and the public disclosure thereof, and procedures for reporting and
hearing potential or actual conflict of interest complaints. [1995 c.162
§24; 1999 c.291 §10] The president and professors
constitute the faculty of the Oregon Health and Science University and as
such have the immediate government and discipline of it and the students
therein. The faculty may, subject to the supervision of the Oregon Health
and Science University Board of Directors, prescribe the course of study
to be pursued at the university and the textbooks to be used. [1995 c.162
§28]
The Oregon Health and Science University shall consider and maintain
affirmative action plans and goals when reductions in faculty and staff
are required as a result of:
(1) Reductions in revenue that necessitate discontinuance of its
educational program at its anticipated level;
(2) Elimination of classes due to decreased student enrollment; or
(3) Reduction in courses due to administrative decisions. [1995
c.162 §31]No political or sectarian test shall ever be
allowed or applied in the appointment of faculty and other employees of
the Oregon Health and Science University. [1995 c.162 §25]FINANCE(Generally)(1) Nothing in chapter 162, Oregon Laws 1995,
shall be construed in any way to impair the obligations or agreements of
the State of Oregon or the State Board of Higher Education with respect
to bonds, certificates of participation, financing agreements or other
agreements for the borrowing of money issued prior to July 1, 1995, by
the State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for Oregon Health and Science University. The
university and the Oregon University System shall take all actions
necessary to ensure full compliance with all indentures, resolutions,
declarations, agreements and other documents issued with respect to the
bonds, certificates of participation, financing agreements or other
agreements for the borrowing of money issued prior to July 1, 1995, by
the State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for the university. The Oregon University System
and the university shall establish, in a written agreement that shall be
subject to the approval of the State Treasurer, the responsibility of the
university for the payment to the Oregon University System of moneys
sufficient to pay when due all principal, interest and any other charges
on bonds, certificates of participation, financing agreements or other
agreements for the borrowing of money issued prior to July 1, 1995, by
the State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for the university.
(2) Holders of obligations issued by the university on or after
July 1, 1995, may be paid pari passu with the obligations issued by the
State of Oregon on behalf of the State Board of Higher Education for
equipment or projects for the university prior to July 1, 1995, from the
rents, revenues, receipts, appropriations or other income of the
university, but only to the extent that:
(a) Such holders have no rights, liens or other interests with
respect to such rents, revenues, receipts, appropriations or other income
of the university that are senior or superior to the rights granted to
the holders of obligations issued prior to July 1, 1995, by the State of
Oregon on behalf of the State Board of Higher Education for equipment or
projects for the university; and
(b) The State Board of Higher Education, the Oregon Department of
Administrative Services or the State of Oregon, acting for the benefit of
such holders of obligations, is granted a lien or other security interest
in the rents, revenues, receipts, appropriations or other income of the
university that is not junior to and is at least pari passu with any lien
or other security interest granted to the holders of obligations issued
by the university.
(3) Any expenses, including legal expenses, judgments, liabilities
and federal arbitrage and rebate penalties arising from the actions of
the university, if incurred with respect to bonds, certificates of
participation, financing agreements or other agreements for the borrowing
of money issued prior to July 1, 1995, by the State of Oregon on behalf
of the State Board of Higher Education for equipment or projects for the
university, shall be paid when due by the university, subject to the
university’s right to reasonably contest such charges, judgments,
liabilities or penalties. The university shall assist the Controller of
the Oregon University System in making any necessary calculations and
filing any necessary reports related to arbitrage and rebate on such
indebtedness.
(4) Any amounts deposited with the State Treasurer, the Controller
of the Oregon University System, the Oregon Department of Administrative
Services or its designated agents in any debt service in reserve accounts
for the debt service associated with any bonds, certificates of
participation, financing agreements or other agreements for the borrowing
of money issued prior to July 1, 1995, by the State of Oregon on behalf
of the State Board of Higher Education for equipment or projects for the
university shall remain with the State Treasurer, the Controller of the
Oregon University System, the Oregon Department of Administrative
Services or its designated agents until such time as the bonds,
certificates of participation, financing agreements or other agreements
for the borrowing of money for which such reserve accounts have been
established have been retired or defeased. The university shall be
credited with the investment earnings on such reserve accounts. [1995
c.162 §58; 1999 c.291 §11]Note: Legislative Counsel has substituted “chapter 162, Oregon Laws
1995,” for the words “this Act” in section 58, chapter 162, Oregon Laws
1995, compiled as 353.330. Specific ORS references have not been
substituted pursuant to 173.160. These sections may be determined by
referring to the 1995 Comparative Section Table located in Volume 20 of
ORS.(Bonds) Oregon
Health and Science University may from time to time issue and sell
revenue bonds in accordance with the provisions of the Uniform Revenue
Bond Act contained in ORS 288.805 to 288.945. However, the provisions
contained in ORS 288.815 shall not apply to revenue bonds issued by the
university. Such revenue bonds shall not in any manner nor to any extent
be a general obligation of the university nor a charge upon any revenues
or property of the university not specifically pledged thereto. No
obligation of any kind incurred under ORS 288.805 to 288.945 shall be, or
be considered, an indebtedness of the State of Oregon. [1995 c.162 §59;
1999 c.291 §12]Revenue bonds issued by the Oregon Health and Science
University pursuant to ORS 288.805 to 288.945 shall be considered to be
bonds or obligations of a political subdivision of the State of Oregon
for the purposes of all laws of the state. [1995 c.162 §60]Refunding bonds and advance refunding bonds of
the same character and tenor as those replaced thereby may be issued by
the Oregon Health and Science University pursuant to ORS 288.592 to
288.695 as applicable and in accordance with the laws of the state. [1995
c.162 §61]In addition to, and not
in limitation of, the means of satisfying state general obligation bond
obligations under ORS 291.445, Oregon Health and Science University,
promptly upon the discovery of any shortfall in moneys available to the
university for the payment when due of amounts under any bonds,
certificates of participation, financing agreements or other agreements
for the borrowing of moneys issued prior to July 1, 1995, by the State of
Oregon on behalf of the State Board of Higher Education for equipment or
projects for the university, shall notify in writing the Legislative
Assembly, or if the Legislative Assembly is not in session, the Emergency
Board, of the existence and amount of the shortfall. The Legislative
Assembly or the Emergency Board, as the case may be, may provide funds to
satisfy the payment of any such amount. By enacting this provision, the
Legislative Assembly acknowledges its current intention to provide, from
funds other than those appropriated or otherwise made available to the
Oregon University System, funds to pay such amount. However, except as
may be required by the Oregon Constitution or ORS 291.445, neither the
Legislative Assembly nor the Emergency Board shall have any legal
obligation to provide funds under this section. [1995 c.162 §61a; 1999
c.291 §13](Financial Agreements) As used in ORS
353.380 to 353.420:
(1) “Credit enhancement agreement” means any agreement or
contractual relationship between the Oregon Health and Science University
and any bank, trust company, insurance company, surety bonding company,
pension fund or other financial institution providing additional credit
on or security for a financing agreement or certificates of participation
authorized by ORS 353.380 to 353.420.
(2) “Financing agreement” means a lease-purchase agreement, an
installment sale agreement, a loan agreement, note agreement, short-term
promissory notes, commercial papers, lines of credit or similar
obligations or any other agreement to finance real or personal property
that is or will be owned and operated by the university, or to refinance
previously executed financing agreements.
(3) “Personal property” means tangible personal property, software
and fixtures.
(4) “Property rights” means, with respect to personal property, the
rights of a secured party under ORS chapter 79, and, with respect to real
property, the rights of a trustee or lender under a lease authorized by
ORS 353.410 (4).
(5) “Software” means software and training and maintenance
contracts related to the operation of computing equipment. [1995 c.162
§17; 2001 c.445 §174]Oregon Health and Science University may enter into
financing agreements in accordance with ORS 353.380 to 353.420, upon such
terms as the university finds to be advantageous. Amounts payable by the
university under a financing agreement shall be limited to funds
specifically pledged, budgeted for or otherwise made available by the
university. If there are insufficient available funds to pay amounts due
under a financing agreement, the lender may exercise any property rights
that the university has granted to it in the financing agreement against
the property that was purchased with the proceeds of the financing
agreement, and may apply the amounts so received toward payments
scheduled to be made by the university under the financing agreement.
[1995 c.162 §18; 1999 c.291 §14] The Oregon Health and
Science University Board of Directors may delegate to any board member,
officer or employee of the Oregon Health and Science University the
authority to determine maturity dates, principal amounts, redemption
provisions, interest rates or methods for determining variable or
adjustable interest rates, denominations and other terms and conditions
of such obligations that are not appropriately determined at the time of
enactment or adoption of the authorizing resolution. The board may also
delegate entering into financing agreements or any other instruments
authorized by law. This delegated authority shall be exercised subject to
applicable requirements of law and such limitations and criteria as may
be set forth in the authorizing resolution. [1995 c.162 §19]Oregon Health and Science University may:
(1) Enter into agreements with third parties to hold financing
agreement proceeds, payments and reserves as security for lenders, and to
issue certificates of participation in the right to receive payments due
from the university under a financing agreement. Amounts so held shall be
invested at the direction of the Oregon Health and Science University
Board of Directors. Interest earned on any investments held as security
for a financing agreement may, at the option of the board, be credited to
the accounts held by the third party and applied in payment of sums due
under a financing agreement.
(2) Enter into credit enhancement agreements for financing
agreements or certificates of participation, provided that such credit
enhancement agreements shall be payable solely from funds specifically
pledged, budgeted for or otherwise made available by the university and
amounts received from the exercise of property rights granted under such
financing agreements.
(3) Use financing agreements to finance the costs of acquiring or
refinancing real or personal property, plus the costs of reserves, credit
enhancements and costs associated with obtaining the financing.
(4) Grant leases of real property with a trustee or lender. Such
leases may be for a term that ends on the date on which all amounts due
under a financing agreement have been paid or provision for payment has
been made, or up to 20 years after the last scheduled payment under a
financing agreement, whichever is later. Such leases may grant the
trustee or lender the right to evict the university and exclude it from
possession of the real property for the term of the lease if the
university fails to pay when due the amounts scheduled to be paid under a
financing agreement, or otherwise defaults under a financing agreement.
Upon default, the trustee or lender may sublease the land to third
parties and apply any rentals toward payments scheduled to be made under
a financing agreement.
(5) Grant security interests in personal property to trustees or
lenders.
(6) Make pledges for the benefit of trustees and lenders.
(7) Purchase fire and extended coverage or other casualty insurance
for property that is acquired or refinanced with proceeds of a financing
agreement, assign the proceeds thereof to a lender or trustee to the
extent of their interest, and covenant to maintain such insurance while
the financing agreement is unpaid, so long as available funds are
sufficient to purchase such insurance. [1995 c.162 §20; 1999 c.291 §15] A lease or
financing agreement under ORS 353.380 to 353.420 shall not cause property
to be subject to property taxation and shall be disregarded in
determining whether property is exempt from taxation under ORS chapter
307. [1995 c.162 §21]PROGRAMS The
Legislative Assembly finds that:
(1) Institutions in the Oregon University System and other
educational sectors have academic programs that are related to or
integrated with the programs of Oregon Health and Science University.
(2) It is in the best interest of the state that a coordinated
approach be taken to these related and integrated academic programs.
(3) In order to best ensure the continued harmony of such academic
programs, the university and the Oregon University System shall
coordinate such programs and shall advise each other of the following
proposed changes to such academic programs:
(a) Creation or significant revision, such as a merger or closure,
of degree programs;
(b) Creation or significant revision, such as a merger or closure,
of schools; and
(c) Creation or significant revision of major academic policies.
(4) In order to further the coordination described by this section,
university officers shall maintain a role in the appropriate committees
of the State Board of Higher Education and the Oregon University System.
[1995 c.162 §12; 1999 c.291 §16] The Oregon Health and Science
University Board of Directors shall adopt a policy that prescribes the
requirements for a venture grant program and the requirements that a
grant applicant must meet in order to receive grant moneys from the
university venture development fund operated by Oregon Health and Science
University, including requirements:
(1) That a grant recipient remain within this state for at least
five years following the receipt of a grant or repay the grant plus
interest;
(2) That the university maintain records of tax credit certificates
issued by the university and cease issuing certificates when the total
amount of certificates issued by the university equals $4 million; and
(3) That the university maintain records of licensing and royalty
revenue received by the university as the result of grants made from the
fund under ORS 351.697 (4) and records of amounts paid to the General
Fund under ORS 351.697 (4). [2005 c.592 §3]Note: 353.445 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 353 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) It is the finding of the Legislative
Assembly that there is need to provide programs that will assist a rural
community to recruit and retain physicians, physician assistants and
nurse practitioners. For that purpose:
(a) The Legislative Assembly supports the development at the Oregon
Health and Science University of an Area Health Education Center program
as provided for under the United States Public Health Service Act,
Section 781.
(b) The university shall provide continuing education opportunities
for persons licensed to practice medicine under ORS chapter 677 who
practice in rural areas of this state in cooperation with the respective
professional organizations, including the Oregon Medical Association and
the Oregon Society of Physician Assistants.
(c) The university shall seek funding through grants and other
means to implement and operate a fellowship program for physicians,
physician assistants and nurse practitioners intending to practice in
rural areas.
(2) With the moneys transferred to the Area Health Education Center
program by ORS 442.625, the program shall:
(a) Establish educational opportunities for emergency medical
technicians in rural counties;
(b) Contract with educational facilities qualified to conduct
emergency medical training programs using a curriculum approved by the
Emergency Medical Services and Trauma Systems Program; and
(c) Review requests for training funds with input from the State
Emergency Medical Service Committee and other individuals with expertise
in emergency medical services. [Formerly 352.095; 1999 c.1056 §8](1) Subject to the provisions of sections 13 and 16, chapter
770, Oregon Laws 1985, there is created a Center for Research on
Occupational and Environmental Toxicology. The Oregon Health and Science
University shall administer the center.
(2) The purposes of the center may include, but are not limited to,
reducing the incidence of disease and reducing the costs and dangers to
employers and employees associated with occupational disease. Specific
functions of the center may include:
(a) Basic and applied research into the incidence and causes of
occupational diseases.
(b) Epidemiology and other data collection.
(c) Design of programs for clinical management of occupational
diseases.
(d) Education and training programs.
(3) Although the output of the center’s programs is intended to be
of statewide use for employers, employees, health professionals and the
public concerning occupational disease, it is not intended that the
center shall assume any of the responsibilities or functions of the
physical rehabilitation facility operated by the Director of the
Department of Consumer and Business Services. The center may offer
programs of diagnosis and treatment of occupational disease, but it is
expected that such services shall be compensable under ORS chapter 656.
[Formerly 352.073] It is expected that the Center for
Research on Occupational and Environmental Toxicology will operate, on an
ongoing basis, from funds provided by the Department of Consumer and
Business Services, in addition to any gifts, grants or donations made to
carry out the activities of the center. Oregon Health and Science
University is not expected to provide funds for operation of the center
from any other sources of funds for operation of the university.
[Formerly 352.083; 1999 c.291 §20] Subject to the
availability of funding, the Oregon Health and Science University shall
establish the pediatric dental residency program only to the extent that
funds are appropriated to the Oregon Department of Administrative
Services for the Oregon Health and Science University public corporation
to establish the program under section 1, chapter 1083, Oregon Laws 1999.
[1999 c.1083 §2]Note: 353.480 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 353 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.OREGON OPPORTUNITY PROGRAM
(1) “Bond-related costs” means:
(a) The costs and expenses of issuing, administering and
maintaining bonds issued under ORS 353.550 to 353.563 and sections 10,
12, 14, 16 and 18, chapter 921, Oregon Laws 2001, and the bond program
under ORS 353.550 to 353.563 and sections 10, 12, 14, 16 and 18, chapter
921, Oregon Laws 2001, including but not limited to:
(A) Paying or redeeming the bonds;
(B) Paying amounts due in connection with credit enhancement or any
reserve instruments; and
(C) Paying the administrative costs and expenses of the State
Treasurer and the Oregon Department of Administrative Services, including
costs of consultants, attorneys and advisors retained by the State
Treasurer or the Oregon Department of Administrative Services for the
bonds or the bond program;
(b) The costs of funding any bond reserves;
(c) Capitalized interest for the bonds;
(d) Rebates or penalties due to the United States in connection
with the bonds; and
(e) Any other costs or expenses that the State Treasurer or the
Oregon Department of Administrative Services determines are necessary or
desirable in connection with issuing the bonds or maintaining the bond
program.
(2) “Capital costs” means the costs of acquiring, constructing,
improving or equipping capital projects or other capital expenditures
necessary or desirable to create, develop, maintain or directly or
indirectly finance the Oregon Opportunity program.
(3) “Indirect financing” means financing capital costs of Oregon
Health and Science University unrelated to the Oregon Opportunity program
so that an equivalent amount of moneys may be used to pay capital costs
and noncapital costs of the Oregon Opportunity program.
(4) “Master Settlement Agreement” means the Master Settlement
Agreement, and related documents, entered into on November 23, 1998, by
the State of Oregon and leading United States tobacco products
manufacturers.
(5) “Noncapital costs” means the costs of programs, scholarships,
endowments, research infrastructure and recruitment of scientists and
researchers, or other noncapital costs or expenses, necessary or
desirable to create, develop, maintain or directly or indirectly finance
the Oregon Opportunity program.
(6) “Oregon Opportunity program” means the program created by
Oregon Health and Science University pursuant to ORS 353.559. [2001 c.921
§3]ORS 353.550 to 353.563 and sections 10, 12,
14, 16 and 18, chapter 921, Oregon Laws 2001, shall be known and may be
cited as the Oregon Opportunity Act. [2001 c.921 §2] (1) The purpose of ORS
353.550 to 353.563 and sections 10, 12, 14, 16 and 18, chapter 921,
Oregon Laws 2001, is to directly or indirectly finance Oregon Health and
Science University’s Oregon Opportunity program.
(2) It is the policy of the State of Oregon that, in order to
capture the health and economic benefits of the coming biotechnology boom
for all Oregonians, the state enter into a partnership with Oregon Health
and Science University to enhance medical research.
(3) The Legislative Assembly finds that:
(a) Oregon should take advantage of research breakthroughs in
biomedicine, health care and technology that are opening an unprecedented
new era. Research advances will someday show scientists how to block or
replace genes that cause disease. The state should seize the opportunity
to provide all Oregonians access to leading edge therapies and procedures.
(b) Research breakthroughs are expected to fuel tremendous economic
growth, and Oregon must be poised to capitalize on these breakthroughs.
Biotechnology is likely to be the next great economic engine in the
United States, and the state should take positive action to ensure
Oregon’s participation in this emerging and important industry. A public
commitment to biomedical and related research in Oregon is necessary to
drive the formation, expansion and proliferation of biotechnology
companies that will commercialize myriad new treatments, medications,
biomedical equipment and other technology.
(c) The state should support Oregon Health and Science University
in its efforts to continue to grow as a research power and an economic
engine. Biomedical and technology research is necessary to create
intellectual property, which serves as the raw material for biotechnology
companies. The state should assist Oregon Health and Science University
in securing the needed infrastructure to attain a critical mass of
research talent in order to maximize the number of commercially viable
discoveries.
(d) There is a limited window of opportunity to capitalize on the
surge in biotechnology growth, stemming from the completion of the United
States Human Genome Project.
(4) It is the intent of the Legislative Assembly that:
(a) Oregon Health and Science University pursue the Oregon
Opportunity program in a manner that is consistent with the public
missions stated in ORS 353.030 (2), which directs the university to
strive for excellence in education, research, clinical practice,
scholarship and community service while maintaining compassion, personal
and institutional integrity and leadership in carrying out its missions;
(b) The Oregon Opportunity program benefit all Oregonians through
increased medical research and sustainable economic development from
biotechnology and related fields; and
(c) The State Treasurer shall issue pursuant to a grant agreement,
as soon as practicable, general obligation bonds during the 2001-2003 and
2003-2005 biennia in an aggregate principal amount that produces net
proceeds for the Oregon Opportunity program in an amount equal to $200
million plus the amount of any costs and expenses of issuing the bonds.
(5) To maximize the benefits of low interest tax-exempt bonds,
costs of the Oregon Opportunity program may be financed directly or
indirectly by the state. [2001 c.921 §4; 2001 c.921 §4a] (1)
Oregon Health and Science University shall create the Oregon Opportunity
program to usher in a new era of breakthroughs in health care and
biotechnology for Oregonians. Through the program, the university shall
invest in facilities, endowments, research infrastructure, recruitment of
scientists and researchers, scholarships and programs including but not
limited to:
(a) Research on cancer, heart disease, multiple sclerosis,
Parkinson’s disease and Alzheimer’s disease;
(b) Research on autism spectrum disorder;
(c) Children’s health and women’s health;
(d) Hearing research;
(e) Advanced eye research;
(f) Aging research;
(g) Rural health initiatives;
(h) Research on public health, health care ethics, health
information science and health outcomes; and
(i) Other health care, biotechnology and related research.
(2) Oregon Health and Science University shall dedicate:
(a) Not less than five percent of the university’s share of the net
proceeds of royalties and licenses attributable to the Oregon Opportunity
program to meeting the university’s missions of providing access to
medical services to people who are underserved and promoting further
study in the areas of public health, health care ethics, health
information science and health outcomes. The proceeds shall be
distributed as follows:
(A) 50 percent to providing access to medical services to people
who are underserved; and
(B) 50 percent to establishing endowments to support research on
public health, health care ethics, health information science and health
outcomes.
(b) Not less than five percent of the university’s share of the net
proceeds of royalties and licenses attributable to the Oregon Opportunity
program to the payment of bond-related costs then due and payable by the
state and deposit those amounts into the Oregon Health and Science
University Bond Fund established in section 14, chapter 921, Oregon Laws
2001. If the dedicated amount exceeds the amount necessary to pay
bond-related costs, the excess shall be deposited in the General Fund.
(3) Notwithstanding subsection (2) of this section, any obligation
of the university to dedicate or distribute a share of the net proceeds
of royalties and licenses attributable to the Oregon Opportunity program
under subsection (2) of this section:
(a) Shall be subordinate to the university’s obligation to pay
obligations issued under the university’s Master Trust Indenture, dated
December 1, 1995, as amended or supplemented; and
(b) Does not constitute a lien on the gross revenues of the
university as “Lien” and “Gross Revenues” are defined in the Master Trust
Indenture. [2001 c.921 §5] (1)
There is established a task force at Oregon Health and Science University
to review the impact of the Oregon Opportunity program on the ability of
the university to carry out its missions of teaching, patient care,
research and community service.
(2) The review by the task force shall include but not be limited
to:
(a) Whether the Oregon Opportunity program competes with or
enhances the teaching, patient care, research and community service
missions of the university;
(b) Whether new discoveries increase the cost of health care or
make health care more efficient;
(c) Whether there are additional economic implications of
technological advances in health care;
(d) How access to high-quality clinical care can be maintained for
Oregon’s vulnerable populations during the implementation of the Oregon
Opportunity program;
(e) Whether the university’s high standard of clinical care and the
university’s commitment to vulnerable populations is compromised or
enhanced; and
(f) Whether animal research at the university is being done in an
ethical and humane manner.
(3) The task force shall consist of:
(a) Two members who are members of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(b) Two members who are members of the Senate, appointed by the
President of the Senate;
(c) Six members from the university, appointed by the president of
the university, who represent:
(A) The ethics center;
(B) Academic programs;
(C) Patient care programs;
(D) Community service and outreach programs;
(E) Financial administration; and
(F) Research programs; and
(d) Three public members, appointed by the Governor, who represent:
(A) The public health and health policy community;
(B) Advocates for persons who are medically underserved; and
(C) The medical community.
(4) The term of office of each legislative member is two years and
the term of office of each nonlegislative member is four years. Each
member serves at the pleasure of the appointing authority. Before the
expiration of the term of a member, the appointing authority shall
appoint a successor. A member is eligible for reappointment. If there is
a vacancy for any cause, the appointing authority shall make an
appointment to become immediately effective for the unexpired term.
(5) A nonlegislative member of the task force is entitled to
compensation and expenses as provided in ORS 292.495. A legislative
member of the task force is entitled to compensation and expenses as
provided in ORS 171.072 from funds appropriated to the Legislative
Assembly for such purposes.
(6) The task force shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such offices as
the task force determines.
(7) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(8) The task force shall schedule public hearings for the purpose
of gathering information from interested parties. The task force shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the task force.
(9) The university shall provide staff support to the task force.
(10) Prior to July 1 of each even-numbered year, the task force
shall report its findings from the review to the Governor and any interim
legislative committees on human resources. [2001 c.921 §6]NURSING EDUCATION PROGRAM GRANTS As used in ORS
353.600 to 353.612:
(1) “Committee” means the Oregon Nursing Shortage Coalition
Committee created in ORS 353.606.
(2) “Post-secondary education institution” means:
(a) A state institution under the direction of the State Board of
Higher Education;
(b) A community college operated under ORS chapter 341;
(c) A school or division of Oregon Health and Science University; or
(d) An Oregon-based, generally accredited, not-for-profit private
institution of higher education. [2003 c.697 §2]
(1) Oregon Health and Science University shall distribute grants to
post-secondary education institutions to support nursing education
programs based on the selections of the Oregon Nursing Shortage Coalition
Committee and in accordance with appropriate university policies and
procedures. If the university is not able to distribute a grant to a
post-secondary education institution selected by the committee, the
university shall report to the committee the reason for not distributing
the grant.
(2) Grants distributed under this section to a community college or
state institution of higher education may be based on an
intergovernmental agreement entered into by Oregon Health and Science
University and the college or institution.
(3) Oregon Health and Science University may not use more than five
percent of the amount received from the Nursing Education Grant Fund
established in ORS 353.612 for the grant program in any biennium for
administrative expenses incurred in administering ORS 353.600 to 353.612.
(4) Oregon Health and Science University may accept contributions
of funds and assistance from the United States Government or its
agencies, or from any other source, public or private, and agree to
conditions placed on the funds not inconsistent with the purposes of ORS
353.600 to 353.612. The university shall use funds and assistance
received under this subsection for grants distributed under this section
or for administering ORS 353.600 to 353.612.
(5) Oregon Health and Science University shall deposit moneys
received by the university for purposes of ORS 353.600 to 353.612 in the
Nursing Education Grant Fund. The total amount of grants distributed
under this section may not exceed the amount of moneys available for
distribution in the fund. [2003 c.697 §3] (1) There is
created the Oregon Nursing Shortage Coalition Committee.
(2) The committee consists of 10 members, as follows:
(a) Two members who represent the Oregon State Board of Nursing
appointed by the board.
(b) Two members who represent the Northwest Organization of Nurse
Executives appointed by the Oregon State Board of Nursing from a list of
persons submitted to the board by the Northwest Organization of Nurse
Executives.
(c) Two members who represent the Oregon Nurses Association
appointed by the Oregon State Board of Nursing from a list of persons
submitted to the board by the Oregon Nurses Association.
(d) One member appointed by the Oregon State Board of Nursing who
represents Oregon-based, generally accredited, not-for-profit private
institutions of higher education from a list of persons submitted to the
board by the Oregon Independent Colleges Association.
(e) Two members appointed by the Commissioner for Community College
Services from a list of persons submitted to the commissioner by the
Oregon Community College Association.
(f) One member who represents Oregon Health and Science University
appointed by the university.
(3) When appointing members to the committee, the Oregon State
Board of Nursing, the Commissioner for Community College Services and
Oregon Health and Science University shall ensure that there is at least
one member from each of the following areas of the state:
(a) Rural western Oregon.
(b) Coastal Oregon.
(c) Eastern Oregon.
(d) Urban areas.
(4) The term of office of each member is four years, but a member
serves at the pleasure of the appointing authority. Before the expiration
of the term of a member, the appointing authority shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the
appointing authority shall make an appointment to become immediately
effective for the unexpired term.
(5) The committee shall elect one of its members to serve as
chairperson and another to serve as vice chairperson, for the terms and
with the duties and powers necessary for the performance of the functions
of such offices as the committee determines.
(6) The committee shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the committee.
(7) A majority of the members of the committee constitutes a quorum
for the transaction of business.
(8) Members of the committee are entitled to actual and necessary
travel expenses in the manner and amounts provided for in ORS 292.495.
Claims for expenses incurred in performing functions of the committee
shall be paid out of funds received by Oregon Health and Science
University for that purpose.
(9) Oregon Health and Science University shall provide staff
support to the committee. [2003 c.697 §4]Note: Section 5, chapter 697, Oregon Laws 2003, provides:
Sec. 5. Notwithstanding the term of office specified by section 4
of this 2003 Act [353.606], of the members first appointed to the Oregon
Nursing Shortage Coalition Committee under section 4 of this 2003 Act:
(1) By the Oregon State Board of Nursing:
(a) Two shall serve for terms ending June 30, 2005.
(b) Two shall serve for terms ending June 30, 2006.
(c) Three shall serve for terms ending June 30, 2007.
(2) By the Commissioner for Community College Services:
(a) One shall serve for a term ending June 30, 2005.
(b) One shall serve for a term ending June 30, 2007. [2003 c.697 §5]
(1) The Oregon Nursing Shortage Coalition Committee shall:
(a) Adopt criteria for awarding grants to post-secondary education
institutions under this section;
(b) Based on the criteria, select post-secondary education
institutions to receive grants to support nursing education programs; and
(c) Determine the amounts of the grants to be distributed under ORS
353.603.
(2) The goal of the committee in adopting criteria and selecting
grant recipients shall be to increase the capacity of nursing education
programs statewide.
(3) The criteria adopted by the committee shall include, but not be
limited to, consideration for:
(a) Whether the grant funds will be used to increase the capacity
of a nursing education program;
(b) Whether the grant funds will be matched with funds from other
sources or used to leverage additional funds from other sources;
(c) Ensuring that grant funds are awarded for nursing education
programs in both urban areas and rural areas of the state;
(d) Ensuring that grant funds are used to increase the capacity for
all levels of nursing education; and
(e) Ensuring that grant funds are used to increase the diversity of
people who enter nursing education programs, including targeting
underrepresented groups of people in the nursing profession.
(4) The total amount of grants awarded by the committee may not
exceed the amount of moneys available for distribution as grants.
(5) A post-secondary education institution awarded a grant under
this section may use the grant funds to:
(a) Develop nursing education program infrastructure;
(b) Train additional nurse educators;
(c) Develop regional learning laboratories;
(d) Provide technical support to nursing education programs;
(e) Create learning materials that supplement available faculty
expertise;
(f) Coordinate student clinical experiences statewide; and
(g) Expand the capacity of nursing education programs to train new
nurses across the state. [2003 c.697 §6] (1) The Nursing Education
Grant Fund is established separate and distinct from the General Fund.
All moneys received by the Oregon Department of Administrative Services
or Oregon Health and Science University for purposes of ORS 353.600 to
353.612 shall be deposited into the State Treasury and credited to the
Nursing Education Grant Fund.
(2) Interest earned from the Nursing Education Grant Fund shall be
credited to the fund.
(3) All moneys in the Nursing Education Grant Fund are continuously
appropriated to the department for allocation to the university for the
purposes of ORS 353.600 to 353.612. [2003 c.697 §3a]
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