OAR 333-071-0345
Civil Penalties for Violation of Smoking Prohibition

(1) If the Authority determines that an administrator or person in charge of an SICF permits a person to smoke tobacco in an SICF or within 10 feet of a doorway, open window or ventilation intake of an SICF, the Authority may assess a civil penalty of not more than $500 per day against the administrator or the person in charge of an SICF.
(2) In determining whether an administrator or person in charge of an SICF has permitted a person to smoke tobacco in violation of ORS 441.815 (Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited), the Authority shall consider whether:
(a) An SICF administrator or person in charge of an SICF has taken steps to enforce the smoking prohibitions, including calling law enforcement to report a violation;
(b) The SICF administrator or person in charge of an SICF took affirmative action to address any complaints about smoking in an SICF or within 10 feet of a doorway, open window or ventilation intake of an SICF; and
(c) An SICF administrator or person in charge of an SICF has taken steps to educate the public and staff about the smoking ban.
(3) A civil penalty issued under this rule shall not exceed $2,000 in any 30-day period.
(4) A civil penalty imposed under this rule shall comply with ORS 183.745 (Civil penalty procedures).

Source: Rule 333-071-0345 — Civil Penalties for Violation of Smoking Prohibition, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-071-0345.

333‑071‑0200
Purpose and Applicability 333‑071‑0205
Definitions 333‑071‑0210
License Application and Fees 333‑071‑0215
Application Review 333‑071‑0220
Approval of License Application 333‑071‑0225
Fees for Complaint Investigations and Compliance Surveys 333‑071‑0230
Expiration and Renewal of License 333‑071‑0235
Denial of License Application 333‑071‑0240
Return of SICF License and SICF Closure 333‑071‑0245
Discontinuance and Recommencement of Operations 333‑071‑0250
Classification 333‑071‑0260
Waivers 333‑071‑0270
Complaints 333‑071‑0280
Investigations 333‑071‑0290
Surveys 333‑071‑0300
Nurse Staffing Audit and Complaint Investigation Procedures 333‑071‑0310
Violations 333‑071‑0315
Informal Enforcement 333‑071‑0320
Formal Enforcement 333‑071‑0330
Approval of Accrediting Organization 333‑071‑0340
Civil Penalties for Violations of Nurse Staffing Laws 333‑071‑0345
Civil Penalties for Violation of Smoking Prohibition 333‑071‑0350
Civil Penalties, Generally 333‑071‑0360
Governing Body Responsibility 333‑071‑0370
Health Care Practitioner Credentialing 333‑071‑0380
Administrator 333‑071‑0390
Medical Staff 333‑071‑0400
Organization Policies 333‑071‑0410
Patient Rights 333‑071‑0420
Personnel 333‑071‑0430
Medical Records 333‑071‑0440
Quality Assessment and Performance Improvement 333‑071‑0450
Infection Control 333‑071‑0470
Patient Admission and Treatment Orders 333‑071‑0480
Nursing Care Management 333‑071‑0485
Nursing Services 333‑071‑0490
Nurse Executive 333‑071‑0510
Dietary Services 333‑071‑0520
Laboratory Services 333‑071‑0530
Pharmacy Services 333‑071‑0535
Radiology Services 333‑071‑0550
Sanitary Precautions 333‑071‑0560
Safety and Emergency Preparedness 333‑071‑0570
Smoking Prohibition 333‑071‑0580
Physical Environment Requirements
Last Updated

Jun. 8, 2021

Rule 333-071-0345’s source at or​.us