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TB Rules and Statutes

Summary of Rules

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333-018-00(00),(05),(10),(15): Disease Reporting

Establishes requirement for health care providers and licensed laboratories to report cases or suspect cases of TB disease within 1 working day to the Local Public Health Authority.

333-018-0018: Submission of Isolates to the Public Health Laboratory

Licensed Laboratories are required to forward M. tuberculosis isolates to the Oregon State Public Health Laboratory.​

333-019-0041 Other Disease Specific Provisions: Tuberculosis

(1) As used in this rule:

(a) "Health care facility" has the meaning given that term in ORS 442.015; 

(b) "Health care setting" includes the facility types described in "Guidelines for preventing the transmission of Mycobacterium tuberculosis in Health-Care Settings," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, Vol. 54, Number RR-17: 1-141; December 30, 2005) APPENDIX A, available at: https://www.cdc.gov/mmwr/pdf/rr/rr5417.pdf. 

(2) Each health care facility or health care setting shall formally assess the risk of tuberculosis transmission among staff (professional and volunteer) and patients at least annually and shall follow tuberculosis screening recommendations outlined in "Guidelines for preventing the transmission of Mycobacterium tuberculosis in Health-Care Settings," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, Vol. 54, Number RR-17: 1-141; December 30, 2005), incorporated by reference and available at: https://www.cdc.gov/mmwr/pdf/rr/rr5417.pdf and "Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendations from the National Tuberculosis Controllers Association and CDC, 2019," published by the Centers for Disease Control and Prevention (Morbidity and Mortality Weekly Report, 68(19);439–443; May 17, 2019), incorporated by reference and available at: https://www.cdc.gov/mmwr/volumes/68/wr/mm6819a3.htm; or other guidelines or recommendations approved by the Authority.

(3) Notwithstanding section (2) of this rule, health care workers and volunteers providing services at COVID-19 testing and COVID-19 vaccination sites that are at locations other than a health care facility, pharmacy or medical office are not required to be screened for tuberculosis. ​


333-019-0042: Tuberculosis Screening in Correctional Facilities;

(1) For purposes of this rule:

(a) "Correctional facility" means a facility operated by the Oregon Department of Corrections or a local correctional facility as that is defined in ORS 169.005; and

(b) “Symptoms of TB disease” means a cough longer than 3 weeks and/or coughing up blood in conjunction with fever, fatigue, night sweats or weight loss.

(2) A correctional facility shall screen all inmates upon admission for symptoms of tuberculosis (TB) disease. This screening and any follow-up shall be documented.

(3) Any inmate suspected of having TB disease or who has TB disease shall be isolated as appropriate and provided medical care and treatment that meets accepted standards of practice.

(4) Inmates detained or confined for 15 consecutive days or more in a correctional facility shall be screened for the following TB risk factors:

(a) HIV/AIDS;

b) Immigration within the past five years from a country that has a high incidence of TB, including but not limited to immigration from Africa, Asia, Middle East, Latin America, Eastern Europe and South Pacific regions;

(c) Close contact to a person with infectious TB disease;

(d) History of injection drug use;

(e) History of homelessness; and

(f) Taking immunosuppressive medication. 

(5) Inmates screened under section (4) of this rule who have TB risk factors and no documented history of prior positive screening tests for TB shall be screened with either a TB skin test or interferon gamma release assay (IGRA). Inmates with a documented previously positive TB skin test or IGRA, or a new positive result upon testing, shall receive a chest X-ray.

(6) Exceptions:

(a) A correctional facility is not required to retest an inmate at each admission under section (5) of this rule if:

(A) There is a documented record of a negative TB skin test or negative IGRA or normal chest X-ray within the past year; or

(B) There is a documented record of adequate TB treatment or compliance with a currently prescribed TB treatment.

(b) This exception does not apply if the inmate has symptoms of TB, evidence of new exposure to a person with infectious TB disease or a diagnosis of HIV/AIDS.

(7) Nothing in these rules prohibits any correctional facility from having more stringent TB screening requirements.

Statutory/Other Authority: ORS 431.110, 432.060, 433.001–433.035, 433.110–433.220 & 437.030
Statutes/Other Implemented: ORS 431.150, 431.155, 431.170, 433.001–433.035, 433.110–433.220 & 437.030
History:
PH 12-2011, f. & cert. ef. 12-14-11

 ​Algorithm of TB Screening for Correctional Facilities (pdf)

ORS Chapter 433.121: Isolation and Quarantine
Section 121 establishes authority for emergency administrative order for isolation or quarantine​.​