State of emergency oregon

State of emergency oregon DEFAULT

Disclaimer: No appellate court has yet interpreted the operative language of HB Each practitioner should review the law to determine whether and how it might apply in any particular circumstance. This material is provided for informational purposes only and does not establish, report, or create the standard of care for attorneys in Oregon, nor does it represent a complete analysis of the topics. Readers should conduct their own appropriate legal research. The information presented does not represent legal advice.


COVID State of Emergency Declaration

On April 29, , Oregon Governor Kate Brown issued Executive Order No. , which was the seventh extension of Executive Order No. and the COVID State of Emergency since her original order declaring an emergency on March 8, On June 25, , Governor Brown then issued Executive Order No. , which extended Executive Order No. and the state of emergency to December 31, , unless extended or terminated earlier by the Governor.

Legislation: House Bill

As a comprehensive measure to address issues related to COVID, House Bill became effective on June 30, The operative language of HB has not yet been interpreted by appellate courts as of the date of this writing. Among numerous other provisions, the bill authorizes the Oregon Supreme Court to suspend or extend time periods that apply to court proceedings, including most civil matters, including tolling the period for the commencement of civil actions. See HB , Sec Specifically, Section 7(1) of HB states: “If the expiration of the time to commence an action or give notice of a claim falls within the time in which any declaration of a state of emergency issued by the Governor related to COVID, and any extension of the declaration, is in effect, or within 90 days after the declaration and any extension is no longer in effect, the expiration of the time to commence the action or give notice of the claim is extended to a date 90 days after the declaration and any extension is no longer in effect.”

Section 7(1) applies to the following:

  • Time periods for commencing an action under ORS Chapter 12;
  • The time period for commencing an action for wrongful death in ORS ;
  • The time period for commencing an action or giving notice of claim under ORS (tort claim notice); and
  • Any other time limitation for the commencement of a civil cause of action or the giving of notice of a civil claim established by statute.

Section 7(1) does not apply to:
  • Time limitations for the commencement of criminal actions;
  • The initiation of an appeal to the magistrate division of the Oregon Tax Court or an appeal from the magistrate division to the regular division;
  • The initiation of an appeal or judicial review proceeding in the Court of Appeals; or
  • The initiation of any type of case or proceeding in the Supreme Court.

Legislation: Senate Bill

Senate Bill , which modifies HB , became effective July 14, SB was intended to clarify HB ’s statute-of-limitations provisions and states that Section 7(1) applies to “expirations of the time to commence an action or give notice of a claim occurring: (a) On or after March 8, , and on or before the date 90 days after the declaration of a state of emergency issued by the Governor on March 8, , and any extensions of the declaration, is no longer in effect; or (b) During the time in which any other declaration of a state of emergency issued by the Governor related to COVID, and any extension of the declaration, is in effect, or within 90 days after the declaration and any extension is no longer in effect.”

Unknown Effect of Legislation

HB , Section 8, provides that Sections 6 and 7 are repealed on December 31, SB does not repeal or amend Section 8 of HB or otherwise reference the automatic repeal of HB , Sections 6 and 7.

It is currently unknown whether statutes of limitations will be extended for 90 days after the automatic repeal on December 31, The effects of HB and SB on statutes of limitations (other than those specified) are unknown, and practitioners are cautioned NOT to rely on any provisions that purport to extend or toll statutes of limitations. As always, the PLF strongly encourages lawyers to file lawsuits impacted or potentially impacted by HB early and not wait until the last minute to file.
Sours: https://www.osbplf.org/blog/inpractice/covidstate-of-emergency-extended-through-december/

Oregon Gov. Kate Brown has extended the state’s COVID emergency order for 60 days. The governor’s order comes amid a surge of new cases and hospitalizations in Oregon.

The declaration provides flexibility for the state and private parties in responding to challenges of the pandemic. It also helps ensure that Oregon is able to utilize available federal COVIDrelated relief and assistance.

Related:Surge in COVID hospitalizations triggers new restrictions across much of Oregon

The state of emergency will last until June 28 unless it is rescinded or further extended.

“We are in the middle of the fourth surge of COVID in Oregon, driven by more contagious variants of the disease. We must stop hospitalizations from spiking, so we can save lives, help our nurses and doctors weather this surge, and ensure no Oregonian is denied vital health care,” Brown said in a news release.

Beginning Friday, 15 counties will move into the state’s “extreme risk” category, with nine other counties considered to be High Risk.

“At this time last year, there was so much we did not know about how to stop the spread of this deadly disease. Now, more than a year into the COVID pandemic, Oregonians know the best ways to avoid spreading infection: limiting gatherings when cases are high, wearing face coverings, maintaining physical distance, staying home when sick, and––most importantly––getting vaccinated as soon as possible. We just have to hold on for a few weeks longer,” Brown said in her press release.

“I intend to fully reopen our economy by the end of June, and the day is approaching when my emergency orders can eventually be lifted,” she continued. “How quickly we get there is up to each and every one of us doing our part. Over million Oregonians have received at least one dose of vaccine, and over million are fully vaccinated against this deadly disease.”

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Sours: https://www.opb.org/article//04/29/oregon-covidemergency-order-extended/
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Medical and public health experts determine when to recommend a booster


The Advisory Committee on Immunization Practices (ACIP), a panel of medical and public health experts convened on whether to recommend that individuals who were vaccinated with Johnson & Johnson and Moderna COVID vaccines should get booster doses.

The CDC still needs to provide its recommendations. Read more on the Oregon Vaccine News blog.



 Situation in Oregon

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 Daily COVID Update

Updated Monday-Friday.

This update includes daily case and testing numbers, demographics, hospital capacity, and emergency department visits.

View the latest update

Overview


Total cases,
Total deaths4,
Positive tests,
Negative tests6,,
Total tests7,,
CountyCases1Deaths2
Baker29
Benton31
Clackamas
Clatsop28
Columbia44
Coos94
Crook46
Curry25
Deschutes
Douglas
Gilliam4
Grant13
Harney27
Hood River37
Jackson
Jefferson52
Josephine
Klamath
Lake12
Lane
Lincoln39
Linn
Malheur77
Marion
Morrow23
Multnomah
Polk81
Sherman3
Tillamook32
Umatilla
Union49
Wallowa12
Wasco41
Washington
Wheeler1
Yamhill
Total
Age groupCases1PercentEver hospitalized4Deaths2
0 to 96%2
10 to 1912%3
20 to 2920%23
30 to 3918%57
40 to 4915%
50 to 5912%
60 to 699%
70 to 795%
80 and over3%
Not available0%60
Total%
SexCases1PercentDeaths2Percent
Female51%45%
Male48%55%
Non-binary350%00%
Not available2%140%
Total%%
Hospitalized4Cases1Percent
Yes5%
No56%
Not provided39%
Total%

1This includes cases confirmed by diagnostic testing and presumptive cases. Presumptive cases are people without a positive diagnostic test who have COVIDlike symptoms and had close contact with a laboratory confirmed case. Antibody test results are not included in our data. County of residence for cases may change as new information becomes available. If changes occur, we will update our counts accordingly.

2For additional details on individuals who have died from COVID in Oregon, please refer to our press releases.

3This includes cases who test negative and are not epi-linked to a confirmed case.

4Ever hospitalized, if available, as reported to OPERA. OPERA is the state of Oregon's electronic disease surveillance system for COVID Cases are considered hospitalized if they were ever admitted to the hospital for inpatient care during the their COVID illness. Cases who were examined in but not admitted to a hospital may be incorrectly classified as hospitalized until interview and medical record review are complete, leading to fluctuations in the number of hospitalized COVID cases.

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Reports


County COVID Community Transmission

These weekly case and testing data track the level of community transmission in Oregon counties. Details on how the level of community transmission is determined can be found here.

 County COVID Community Transmission

 Epidemic Trends and Projections

These projections are for planning and are updated every three weeks based on Rainier modeling software. 

Epidemic Trends

Race, Ethnicity, Language and Disability Report

Details on the race, ethnicity, language and disability (REALD) of reported COVID cases and health care encounters.

 REALD Report



*For updates on weekends or previous data reports, please see our COVID News and Reports page. COVID data are provisional and subject to change with ongoing data reconciliation.


 Statewide Requirements and Recommendations

On June 30, , Governor Kate Brown rescinded Executive Order and many other executive orders that directed the Oregon Health Authority (OHA) to issue enforceable guidance for various sectors of the state regarding COVID restrictions.

Entities must continue to follow all applicable federal or state statutes, regulations and rules, and local ordinances.


 Community Resources

Visit our Community Resources page to find a collection of vaccine communication resources, as well as more general information about COVID


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Sours: https://govstatus.egov.com/OR-OHA-COVID
State of Emergency declared for heat in Oregon, Portland, Mult Co

Salem, Oregon — A county in southern Oregon says it's so overwhelmed by an increase in the number and size of illegal marijuana farms that it declared a state of emergency Wednesday, appealing to the governor and the Legislature's leaders for help.

The Jackson County Board of Commissioners said law enforcement officers and county and state regulators and code enforcers are overwhelmed and warned of an "imminent threat to the public health and safety of our citizens from the illegal production of cannabis in our county."

Illegal marijuana grows have been a persistent problem throughout the West, even in states like California that have legalized pot. A megadrought across the West has created urgency, though, as illegal growers steal water, depriving legal users including farmers and homeowners of the increasingly precious resource.

"Jackson County strongly requests your assistance to address this emergency," the commissioners said in a letter to Gov. Kate Brown, Senate President Peter Courtney and House Speaker Tina Kotek.

Only four Oregon Water Resources Department full-time employees handle complaints and perform all of their other duties in Jackson County and neighboring Josephine County, the commissioners said.

Josephine County has also been hurt by illegal grows that have drained creeks and siphoned off groundwater. Josephine County Sheriff Dave Daniel believes there are hundreds of illegal operations in his county alone. One with 72, marijuana plants that was drawing water from the Illinois River was raided after a dying person who worked there was dropped off in a nearby village.

Oregon voters made producing, processing, selling and using recreational marijuana legal in a ballot measure in Pot businesses must be registered with the state, which enforces compliance with rules. But some growers and processers remain outside the law, joined by a recent influx of outsiders in Jackson and Josephine counties who seek large profits by selling on the black market outside of Oregon while avoiding state taxes and regulations.

The illegal marijuana farms are often posing as legal hemp farms, the commissioners noted. The Oregon Health Authority and the Oregon Liquor and Cannabis Commission recently reported that nearly 50% of registered hemp farms inspected in the state are illegally growing marijuana, with a THC content - the compound that gives cannabis its high - greater than legal limits.

About 25% of registered hemp farms refused entry to inspectors, the state agencies said. In busts of illegal marijuana grows, sheriff's deputies have often seized firearms.

By September of this year, the Jackson County Code Enforcement Division initiated almost cases of code violations related to marijuana production or processing, more than double the number in all of , the commissioners said in their emergency declaration.

Reacting to the commissioner's letter, Brown's spokesman, Charles Boyle, said the governor takes these concerns very seriously.

He noted that after the Legislature passed a bill this year that shifted how the state regulates the hemp industry and was aimed at curbing illegal production of cannabis, Brown created a multi-agency team to implement the legislation.

She also authorized doubling the size of cannabis law enforcement grants in the region and directed the Oregon State Police to dedicate additional resources.

"The message is clear - Oregon is not open for business to illegal cannabis grows," Boyle said. "These are criminal enterprises that deplete water resources while our state is in drought, hold their workforce in inhumane conditions and severely harm our legal cannabis marketplace."

For her part, Kotek's spokesman, Danny Moran, said her office is reviewing the issues raised by Jackson County Commission Chair Rick Dyer and Commissioners Dave Dotterrer and Colleen Roberts and "looks forward to further conversations about the best path forward."

The commissioners said their code enforcement staff needs to triple to nine officers; more officers are needed to adjudicate the volume of citations; the sheriff's office needs 34 more staffers, including 18 detectives; and the state Water Resources Department needs three more full-time staff dedicated solely to investigating water-related complaints.

To reach those levels, the commissioners asked for additional state employees, state funding for the county to hire employees and contractors and for a repeal of a prohibition on local taxes on registered, legal marijuana businesses.

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Sours: https://www.cbsnews.com/news/illegal-marijuana-jackson-county-oregon-state-of-emergency/

Of emergency oregon state

Oregon Gov. Kate Brown on Tuesday declared a state of emergency in Oregon ahead of the expected heat wave starting Wednesday.

The National Weather Service has issued excessive heat watches and warnings from noon Wednesday through Saturday evening for much Oregon. During that time, temperatures could exceed degrees. In southwestern Oregon, some areas could get up to degrees.

Overnight lows will not offer much relief until Saturday night, the weather service says.

The emergency declaration directs state agencies, like the Office of Emergency Management, to help local and tribal jurisdictions respond to the dangerously hot conditions.

The Oregon National Guard is also among the agencies whose personnel may be called in to help keep people safe.

At least 83 people died in late June due to Oregon’s record-shattering heat wave. Thirty-three more possible heat-related deaths are still under investigation.

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Sours: https://www.opb.org/article//08/10/oregon-governor-declares-state-of-emergency-ahead-of-expected-heat-wave/
Gov. Brown declares state of emergency for Oregon

Eastern Oregon counties declare state of emergency over COVID vaccine mandates

MALHEUR COUNTY — Mandates for COVID vaccines for people in certain worker classes to get a shot or provide a valid exemption by Oct. 18 or lose their job are likely to cause a health care crisis in Eastern Oregon. That’s the message from several Eastern Oregon board of commissioners this week, including those in Malheur and Baker, who have declared their counties in a state of emergency at their respective meetings on Sept.

All six counties of the Eastern Oregon Association of Counties, which meet monthly, have been discussing the matter for “quite some time,” according to Malheur County Judge Dan Joyce. Currently, they are all on the same page regarding a need to halt mandates until they are more adequately prepared, he said. This includes boards of commissioners from Grant, Harney, Union and Umatilla counties.

The governing boards are urging Gov. Kate Brown to halt the mandates, stating that medical staff may be the hardest hit with staffing shortages already having been happening since the onset of the pandemic and those services have further been strained with the recent surge of COVIDpositive patients in hospitals.

Malheur County’s declaration points out that health care systems in neighboring Idaho also recently paused the mandates due to the entire state having entered crisis standards of care.

The declaration seeks to have Brown return the power over the matter of vaccine mandates to local officials versus having the state control them.

'Causing a ripple'

Treasure Valley Paramedics business manager Heather Land echoed Joyce’s statement regarding staffing shortage, stating that the company already has experienced a staffing shortage due to COVID up to this point and that Oregon’s mandates are “definitely causing a ripple.”

Their agency, which currently employees 33 people, is already racking up tons of overtime, their biggest additional cost right now. Land says while they don’t anticipate a shutdown, they could potentially lose about four employees, furthering overtime for those who remain; however, Lane added that most of the staff was vaccinated when they first became eligible.

The mandate is a double-edged sword for the company she said, adding that they want to protect their workers personal rights, but equally want to comply with anything that could harm licensing. As with many businesses, lawyers are handling the finer details.

Filling paramedic openings in Oregon is more difficult than Idaho, Land explained. This is because, unlike Idaho, an associate’s degree is required to be a paramedic in Oregon. Furthermore, the closest specialty school is across the state in Chemeketa. Even if a paramedic was fully trained with the needed schooling, a new hire with Treasure Valley Paramedics has to go through an intensive three-month training program, Land said.

Oregon is working on reciprocity by bringing trained paramedics from Idaho, so long as they have that associate’s degree.

One way in which the company, which is privately owned, is trying to address the situation locally is through the Legislature, Land said, adding that the hope is to get a paramedics program closer to the local area.

“But we’re still plugging along and doing our best,” Land said.

'Are we going to feel the pinch? Of course'

The same holds true for Malheur County’s Emergency Service District, which is overseen by Dr. Brian Kitamura, medical director and Bob Dickinson, director.

While the district doesn’t provide personnel, it helps local agencies in myriad ways, including writing policies and protocols, training and working on certain personnel issues that aren’t handled individually by the agencies.

In working with those districts, Dickinson is aware there will be staffing shortages. While he doesn’t know exact numbers, he indicates that some rural or outlying areas, such as Jordan Valley, may be hardest hit. Prior to the pandemic, recruitment for those areas was already difficult, he said.

But it’s early to know the actual numbers, he said, as some people who won’t get vaccinated may get an exemption and be able to keep working.

If push comes to shove, Dickinson said he will put in a request for help from Oregon Emergency Management, but will have to carefully consider the best place to allocate resources in the 9, miles that comprise Malheur County.

The county has mutual aid agreements with every bordering county, Dickinson said, including as far as McDermitt, Nevada.

What has been difficult for Dickinson in the pandemic is the political divide over the vaccine.

“I study science. I have given over 2, shots,” he said adding that he had made the personal choice to get fully vaccinated.

However, being forced to get the vaccine is different than getting the choice to do so, and he believes the mandates will result in the loss of “good people.”

“Are we going to feel the pinch? Of course, water flows downhill … all this is a big mess,” Dickinson said.

But he aims to stay effective, adding that staffing shortages might take them slightly longer to respond to an emergency, “but we will do whatever we can to make sure people needs are taken care of.”

Dickinson says he really wishes people would understand the pandemic is real and it’s not going away anytime in the near future. He works at the clinic on Tuesdays at the fairground and said it is both “mind-boggling” and “frightening” to see the amount of sick people they are testing each week.

“Young kids, babies, toddlers, adolescents, parents, grandparents — these people are sick, they are really sick, and I can’t tell you how sad it is seeing a whole family knowing they are going to have a rough go — some more than others,” he said.

Regardless, he says, his passion has been and will continue to be taking care of people. This includes coordinating with Malheur County Emergency Services Coordinator Lt. Rich Harriman on ensuring all providers are getting the appropriate personal protective equipment — especially masks.

'Hope to allow people to continue working'

Joyce states that the Malheur County Commissioners' resolution follows Oregon Revised Statutes regarding governing bodies declaring an emergency exists. This allows the county to prepare for and carry out activities regarding the resolution, he said.

Does that mean the county will not see removal of people from their respective positions for not getting a vaccine or providing an exemption by the deadline?

“We would hope to allow people to continue working,” Joyce said.

He said that the requested exemption is for counties with less than 50, people, adding that the emergency declaration would sunset once current staffing conditions improve.

“It’s definitely serious,” Joyce said, adding that if first responders decide to walk “there’s a huge concern.”

The county judge is not against the vaccine, but he worries about the unintended consequences of the mandate.

“I took the shot and will probably take the follow-up and a senior flu shot, like I did last year. I think it will really help — a double whammy, then go from there,” he said. “But I can’t ask people to go do something they don’t want to do.”

Joyce said he has heard horror stories from women who have received the vaccine, but also was hopeful that scientists will continue to work on a cure and that the government will provide money toward that.

He stated he had heard a promising story from some local people, two of whom were immunocompromised, who were able to get monoclonal antibodies within a few hours of first getting COVID symptoms after positive tests. They reportedly told Joyce that within a couple of hours their symptoms were gone.

Those antibodies are said to mimic the immune system’s response to COVID and are available to eligible, non-hospitalized patients age 12 and over who have tested positive, who are experiencing mild or moderate symptoms within the past 10 days, or who are considered high risk due to underlying factors, such as age, weight, pregnancy or other issues.

Medical center seeks retraction from Baker County

Baker County’s declaration states that its incident management team has determined that the county will be “unable to provide for pre-hospital emergency response and Saint Alphonsus Medical Center will be unable to provide basic hospital care as a result of staffing shortages” as soon as the mandate goes into effect on Oct.

The Argus Observer reached out to Saint Alphonsus regarding the statement about its Baker location. Spokesman Mark Snider responded with a news release the evening of Sept.

The release stated that the Baker City medical center has requested a print retraction from the Baker County Board of Commissioners, removing the reference to Saint Alphonsus from the county’s emergency declaration.

The news release states that referencing the hospital was inaccurate, adding that the hospital was “not notified nor asked to participate in any discernment or action as implied by the declaration.”

“We are firmly committed to continuing to serve the residents of Baker County as always, and in addressing the COVID pandemic with the resources available. We want to reassure the Baker County community at large that our colleagues and medical staff stand steadfast in our commitment to provide needed health care services, and address the COVID pandemic with the resources available,” said Priscilla Lynn, president and chief nursing officer for the Baker City facility. “We are extremely grateful for Governor Brown’s support and allocation of additional resources as demonstrated by the recent authorization of National Guard and contracted clinical personnel to our hospital.”

A request for comment about the declarations from Gov. Brown was returned by Charles Boyle, deputy communications director for the governor’s office.

There was no comment about whether or when Brown might address the governing boards over the emergency declarations; however, the message emphasized getting vaccinated.

“The Governor’s goal is to keep our schools, businesses, and communities open. Our hospitals are full, and our doctors, nurses, and health-care workers are being stretched beyond their limits. Hospitalizations increased nearly % between July 9 and their September peak. The vast majority of Oregonians hospitalized for COVID are unvaccinated. People are dying right now when we have safe, effective, and free vaccines readily available. The Governor is responding to a public health crisis,” reads Boyle’s response.

“Unvaccinated people in the workplace put themselves and everyone around them at risk for COVID — and, quite frankly, COVID outbreaks in workplaces across the state are happening right now and are already a disruption to the workforce. Vaccination is the key to putting this pandemic behind us.”

The Centers for Disease Control and Prevention states that fully vaccinated people are also able to spread the virus to others.

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Sours: https://www.registerguard.com/story/news/coronavirus//09/29/eastern-oregon-counties-declares-state-emergency-over-vaccine-mandates//

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