OAR 333-501-0050
Civil Penalties for Violation of Smoking Prohibition

(1)

If the Division determines that an administrator or person in charge of a hospital permits a person to smoke tobacco in a hospital or within 10 feet of a doorway, open window or ventilation intake of a hospital, the Division may assess a civil penalty of not more than $500 per day against the administrator or the person in charge of a hospital.

(2)

In determining whether an administrator or person in charge of a hospital 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 Division shall consider whether:

(a)

A hospital administrator or person in charge of a hospital has taken steps to enforce the smoking prohibitions, including calling law enforcement to report a violation;

(b)

The hospital administrator or person in charge of a hospital took affirmative action to address any complaints about smoking in a hospital or within 10 feet of a doorway, open window or ventilation intake of a hospital; and

(c)

A hospital administrator or person in charge of a hospital 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 333-501-0050 — Civil Penalties for Violation of Smoking Prohibition, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-501-0050.

Last Updated

Jun. 8, 2021

Rule 333-501-0050’s source at or​.us