ORS Chapter 353 - Oregon Statutes

Chapter 353 — OregonHealth and Science University

 

2009 EDITION

 

 

OREGONHEALTH AND SCIENCE UNIVERSITY

 

EDUCATIONAND CULTURE

 

GENERALPROVISIONS

 

353.010     Definitions

 

353.020     OregonHealth and Science University as public corporation; establishment; status

 

353.030     Publicpolicy of university; missions; purposes

 

353.035     Certainlaws to be liberally construed; severability

 

BOARDOF DIRECTORS

 

353.040     Boardof directors; appointment; membership; meetings; removal of members

 

353.050     Powersand duties of board and university officials

 

353.060     Presidentof university

 

AUTHORITYAND DUTIES

 

(Generally)

 

353.070     Productsof individuals with disabilities; rules; publication of product sources

 

353.080     Reporton activities and operations

 

353.100     Applicabilityof laws to university

 

353.108     Realproperty and facilities utilized by university; legal title; lease; management

 

353.110     Authorityto acquire private property; condemnation

 

353.117     Creationof tax-exempt entity by university

 

353.120     Adoptionof alcohol and drug abuse policy

 

353.130     Publiccontracts

 

353.140     Fundingrequest; budget

 

353.160     Audits

 

(Students)

 

353.180     Studenteducation records

 

353.190     Effectof student religious beliefs on admission and attendance

 

353.200     Rightsof students in military ordered to active duty; rules

 

353.202     Creditfor room, board, tuition and fees for students ordered to active duty; rules

 

353.205     Creditfor education and training received while serving in Armed Forces; rules

 

(PhysicalAccess Committee)

 

353.210     Purpose;members; duties

 

PERSONNEL

 

353.250     Alternativeretirement programs

 

353.260     Personnelrecords; access; control; creation

 

353.270     Compensationof officers and employees; conflicts of interest

 

353.280     Faculty;status; powers

 

353.290     Reductionsin faculty; affirmative action plans and goals

 

353.300     Politicalor sectarian test prohibited in appointment of faculty or employees

 

FINANCE

 

(Generally)

 

353.330     Effectof law on bonds, certificates of participation or agreements for borrowingmoney; responsibility for payment; rights of holders of obligations

 

(Bonds)

 

353.340     Issuanceand sale of revenue bonds by university

 

353.350     Revenuebonds considered bonds of political subdivision

 

353.360     Refundingbonds

 

353.370     Noticeto Legislative Assembly required if shortfall in moneys exists for payment ofamounts under bonds, certificates of participation or agreements for borrowingmoney

 

(FinancialAgreements)

 

353.380     Definitionsfor ORS 353.380 to 353.420

 

353.390     Authority;limitations

 

353.400     Delegationof board authority

 

353.410     Universitypowers regarding financing agreements and credit enhancement agreements

 

353.420     Effectof financing agreement on tax status

 

PROGRAMS

 

353.440     Coordinationof programs with Oregon University System

 

353.445     Venturegrant program

 

353.450     AreaHealth Education Center program; continuing education programs for physiciansin rural areas; emergency medical technician training in rural areas

 

353.460     Centerfor Research on Occupational and Environmental Toxicology

 

353.470     Fundingof center

 

353.480     Pediatricdental residency program

 

OREGONOPPORTUNITY PROGRAM

 

353.550     Definitionsfor ORS 353.550 to 353.563 and sections 10, 12, 14, 16 and 18, chapter 921,Oregon Laws 2001

 

353.553     Shorttitle

 

353.556     Purpose;policy; findings; intent

 

353.559     Creation;university duties; expenditure of proceeds

 

353.563     Taskforce on program impact on university missions

 

NURSINGEDUCATION PROGRAM GRANTS

 

353.600     Definitionsfor ORS 353.600 to 353.612

 

353.603     Grantdistribution; administrative expenses; contributions

 

353.606     OregonNursing Shortage Coalition Committee

 

353.609     Dutiesof committee; grant criteria; use of grant funds

 

353.612     NursingEducation Grant Fund

 

GENERALPROVISIONS

 

      353.010Definitions.As used in this chapter:

      (1)“Board” means the Oregon Health and Science University Board of Directorsestablished under ORS 353.040.

      (2)“Public corporation” means an entity that is created by the state to carry outpublic missions and services. In order to carry out these public missions andservices, a public corporation participates in activities or provides servicesthat are also provided by private enterprise. A public corporation is grantedincreased operating flexibility in order to best ensure its success, whileretaining principles of public accountability and fundamental public policy.The board of directors of a public corporation is appointed by the Governor andconfirmed by the Senate but is otherwise delegated the authority to set policyand manage the operations of the public corporation.

      (3)“University” or “Oregon Health and Science University” means the Oregon Healthand Science University public corporation created under ORS 353.020. [1995c.162 §1; 1999 c.291 §1]

 

      353.020Oregon Health and Science University as public corporation; establishment;status.Oregon Health and Science University is established as a public corporation andshall exercise and carry out all powers, rights and privileges that areexpressly conferred upon it, are implied by law or are incident to such powers.The university shall be a governmental entity performing governmental functionsand exercising governmental powers. The university shall be an independentpublic corporation with statewide purposes and missions and without territorialboundaries. The university shall be a governmental entity but shall not beconsidered a unit of local or municipal government or a state agency forpurposes of state statutes or constitutional provisions. [1995 c.162 §2; 1999c.291 §2; 2001 c.123 §1]

 

      353.030Public policy of university; missions; purposes. (1) It shall bethe public policy of the Oregon Health and Science University in carrying outits 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 andcooperation 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 disseminationof new knowledge.

      (2)The university will strive for excellence in education, research, clinicalpractice, scholarship and community service while maintaining compassion,personal and institutional integrity and leadership in carrying out itsmissions.

      (3)The university is designated to carry out the following public purposes andmissions on behalf of the State of Oregon:

      (a)Provide high quality educational programs appropriate for a health and scienceuniversity;

      (b)Conduct research in health care, engineering, biomedical sciences and generalsciences;

      (c)Engage in the provision of inpatient and outpatient clinical care and healthcare 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 patientpopulation of Oregon.

      (4)The university shall carry out the public purposes and missions of this sectionin the manner that, in the determination of the Oregon Health and ScienceUniversity Board of Directors, best promotes the public welfare of the peopleof the State of Oregon. [1995 c.162 §3; 2001 c.123 §3]

 

      353.035Certain laws to be liberally construed; severability. Chapter 162,Oregon Laws 1995, shall be liberally construed to effect the purposes andintent thereof. If any provision of chapter 162, Oregon Laws 1995, or theapplication of that provision to any particular circumstance or person, shallbe held invalid, the remainder of chapter 162, Oregon Laws 1995, and theapplication of that provision to circumstances or persons other than those towhich it is held invalid shall not be affected thereby. [1995 c.162 §90]

 

      Note: LegislativeCounsel has substituted “chapter 162, Oregon Laws 1995,” for the words “thisAct” in section 90, chapter 162, Oregon Laws 1995, compiled as 353.035.Specific ORS references have not been substituted pursuant to 173.160. Thesesections may be determined by referring to the 1995 Comparative Section Tablelocated in Volume 20 of ORS.

 

BOARDOF DIRECTORS

 

      353.040Board of directors; appointment; membership; meetings; removal of members. (1) There isestablished an Oregon Health and Science University Board of Directorsconsisting of 10 members. The directors, except for the president of theuniversity, shall be appointed by the Governor and shall be confirmed by theSenate in the manner prescribed in ORS 171.562 and 171.565.

      (2)Except for the president of the university, the term of office of eachnonstudent member is four years. The term of office of the student member istwo years. Before the expiration of the term of a member, the Governor shallappoint a successor whose term begins on October 1 next following. A member iseligible for reappointment for one additional term. If there is a vacancy forany cause, the Governor shall make an appointment to become effectiveimmediately for the unexpired term. The board shall nominate a slate ofcandidates whenever a vacancy occurs or is announced and shall forward therecommended candidates to the Governor for consideration. To assist theGovernor in appointing the student member, the duly organized and recognizedentity of student government shall submit a list of nominees to the Governorfor consideration.

      (3)The membership of the board shall be as follows:

      (a)One representative who is a nonstudent member of the State Board of HigherEducation.

      (b)Seven representatives who, in the discretion of the Governor, have experiencein areas related to the university missions or that are important to thesuccess of Oregon Health and Science University, including but not limited tohigher education, health care, scientific research, engineering and technologyand 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 ofthe 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 vicechairperson for such terms and with such duties and powers as the boardconsiders necessary for performance of the functions of those offices. Theboard shall adopt bylaws concerning how a quorum shall be constituted and whena quorum shall be necessary.

      (6)The board shall meet at least once every three months at Oregon Health andScience University. The board shall meet at such other times and placesspecified 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, afternotice and public hearing, but not more than three members shall be removedwithin a period of four years, unless it is for corrupt conduct in office. [1995c.162 §4; 1999 c.291 §3; 2001 c.123 §4]

 

      353.050Powers and duties of board and university officials. Except asotherwise provided in this chapter, the Oregon Health and Science UniversityBoard of Directors, or university officials acting under the authority of theboard, shall exercise all the powers of the Oregon Health and ScienceUniversity and shall govern the university. In carrying out its powers, rightsand privileges, the university shall be a governmental entity performinggovernmental functions and exercising governmental powers. The university orthe board may either within or outside the state:

      (1)Determine or approve policies for the organization, administration anddevelopment of the university.