Oregon Oregon Health Authority, Public Health Division

Rule Rule 333-501-0055
Civil Penalties, Generally


(1) This rule does not apply to civil penalties for violations of ORS 441.155 (Written staffing plan for nursing services), 441.166 (Need for replacement staff), 441.815 (Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited), or 435.254 (Hospital duty to provide information about emergency contraception and to make emergency contraception available to victim of sexual assault) or rules adopted to implement these statutes.
(2) A person that violates a health care facility licensing law, including OAR 333-501-0020 (Violations) (violations), is subject to the imposition of a civil penalty not to exceed $500 per day per violation.
(3) In addition to the penalties under section (2) of this rule, civil penalties may be imposed for violations of ORS 441.030 (Denial, suspension or revocation of licenses), 441.015 (Licensing of facilities and health maintenance organizations)(1), and Oregon Laws 2020, chapter 20, sections 1 and 2 (Special Session).
(4) In determining the amount of a civil penalty, the Division shall consider whether:
(a) The Division made repeated attempts to obtain compliance;
(b) The licensee has a history of noncompliance with health care facility licensing laws;
(c) The violation poses a serious risk to the public’s health;
(d) The licensee gained financially from the noncompliance; and
(e) There are mitigating factors, such as a licensee’s cooperation with an investigation or actions to come into compliance.
(5) The Division shall document its consideration of the factors in section (4) of this rule.
(6) Each day a violation continues is an additional violation.
(7) A civil penalty imposed under this rule shall comply with ORS 183.745 (Civil penalty procedures).
Source

Last accessed
Jun. 8, 2021