OAR 851-045-0100
Imposition of Civil Penalties
(1)
Imposition of a civil penalty does not preclude disciplinary sanction against the nurse’s license. Disciplinary sanction against the nurse’s license does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same offense.(2)
Civil penalties may be imposed according to the following schedule:(a)
Practicing nursing as an LPN, RN, NP, CRNA or CNS without a current license or certificate or Board required concurrent national certification; or prescribing, dispensing, or distributing drugs without current prescription writing authority, due to failure to renew and continuing to practice $50 per day, up to $5,000.(b)
Using a limited license to practice nursing for other than its intended purpose $100 per day.(c)
Nurses not licensed in Oregon hired to meet a temporary staffing shortage who fail to make application for an Oregon license by the day placed on staff $100 per day up to $3,000.(d)
Practicing nursing prior to obtaining an Oregon license by examination or endorsement $100 per day.(e)
Unlicensed practice pursuant to ORS 678.021 (License required to practice nursing) up to $5,000.(f)
Conduct derogatory to the standards of nursing $1,000–$5,000. The following factors will be considered in determining the dollar amount, to include, but not be limited to:(A)
Intent;(B)
Damage and/or injury to the client;(C)
History of performance in current and former employment settings;(D)
Potential danger to the public health, safety and welfare;(E)
Prior offenses or violations including prior complaints filed with the Board and past disciplinary actions taken by the Board;(F)
Severity of the incident;(G)
Duration of the incident; and(H)
Economic impact on the person.(g)
Violation of any disciplinary sanction imposed by the Board $1,000–$5,000.(h)
Conviction of a crime which relates adversely to the practice of nursing or the ability to safely practice $1,000–$5000.(i)
Gross incompetence in the practice of nursing $2,500–$5000.(j)
Gross negligence in the practice of nursing $2,500–$5000.(k)
Employing any person without a current Oregon LPN, RN or CRNA license, NP or CNS certificate to function as an LPN, RN, CRNA, NP or CNS subject to the following conditions:(A)
Knowingly hiring an individual in a position of an LPN, RN, NP, CRNA or CNS when the individual does not have a current, valid Oregon license or certificate for the position hired $5,000; or(B)
Allowing an individual to continue practicing as an LPN, RN, NP, CRNA or CNS knowing that the individual does not have a current, valid Oregon license or certificate for the position hired $5,000.(l)
Employing an LPN, RN, NP, CRNA or CNS without a procedure in place for checking the current status of that nurse’s license or certificate to ensure that only those nurses with a current, valid Oregon license or certificate be allowed to practice nursing $5,000;(m)
Supplying false information regarding conviction of a crime, discipline in another state, physical or mental illness/physical handicap, or meeting the practice requirement on an application for initial licensure or re-licensure, or certification or recertification $5,000; and(n)
Precepting a nursing student at any level without verifying their appropriate licensure, registration, or certification $5,000.00
Source:
Rule 851-045-0100 — Imposition of Civil Penalties, https://secure.sos.state.or.us/oard/view.action?ruleNumber=851-045-0100.