ORS 441.183
Remedies for retaliation

(1)

A nursing staff aggrieved by an act prohibited by ORS 441.181 (Retaliation prohibited) may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action brought under this subsection and are in addition to any remedies provided in subsection (2) of this section.

(2)

In an action brought under subsection (1) of this section, a circuit court may do any of the following:

(a)

Issue a temporary restraining order or a preliminary or permanent injunction to restrain a continued violation of ORS 441.181 (Retaliation prohibited).

(b)

Reinstate the nursing staff to the same or equivalent position that the nursing staff held before the retaliatory action.

(c)

Reinstate full benefits and seniority rights to the nursing staff as if the nursing staff had continued in employment.

(d)

Compensate the nursing staff for lost wages, benefits and other remuneration, including interest, as if the nursing staff had continued in employment.

(e)

Order the hospital to pay reasonable litigation costs of the nursing staff, including reasonable expert witness fees and reasonable attorney fees.

(f)

Award punitive damages as provided in ORS 31.730 (Standards for award of punitive damages).

(3)

Except as provided in subsection (4) of this section, in any action brought by a nursing staff under subsection (1) of this section, if the court finds that the nursing staff had no objectively reasonable basis for asserting the claim, the court may award costs, expert witness fees and reasonable attorney fees to the hospital.

(4)

A nursing staff may not be assessed costs or fees under subsection (3) of this section if, upon exercising reasonable and diligent efforts after filing the action, the nursing staff moves to dismiss the action against the hospital after determining that no issue of law or fact exists that supports the action against the hospital. [Formerly 441.176]
Note: See note under 441.179 (Definitions for ORS 441.179 to 441.186).

Source: Section 441.183 — Remedies for retaliation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors441.­html.

441.015
Licensing of facilities and health maintenance organizations 441.020
Application 441.021
Additional fees for investigation and compliance activities 441.022
Factors to be considered in licensing 441.025
License issuance 441.026
Licensing of extended stay centers 441.030
Denial, suspension or revocation of licenses 441.037
Hearings 441.038
Additional remedies 441.044
Complaints about standard of care in facility 441.046
Facility prohibited from interfering with employee’s disclosure of abuse, violations of laws or threats to health and safety of resident 441.047
Requirement to provide resident with information about Long Term Care Ombudsman services 441.048
Discrimination based on execution of POLST, advance directive or similar instruction prohibited 441.049
Support persons for patients with disabilities 441.051
Discharge of patient to care of lay caregiver 441.053
Release of patient presenting with behavioral health crisis 441.054
Discharge of patients receiving mental health treatment 441.055
Health care facility medical staff and bylaws 441.056
Credentialing telemedicine providers 441.059
Access to previous X-rays and reports by patients of chiropractic physicians 441.060
Inspections 441.061
Delegation of health inspections to local public health authorities 441.062
Coordination of inspections 441.063
Use of facilities by licensed podiatric physicians and surgeons 441.064
Use of facilities by nurse practitioners and physician assistants 441.065
Exemption of certain religious institutions 441.067
Inspection reports, complaint procedures and rules 441.073
Rules regarding staff ratio in long term care facilities 441.077
Revocation of license and other penalties for imposing restrictions upon certain physicians 441.078
Disability discrimination prohibited in provision or insurance coverage of organ transplantation 441.079
Eye, organ and tissue transplants 441.082
Registration of organ procurement organization, tissue bank and eye bank 441.083
Drug information to be provided patients of long term and intermediate care facilities 441.084
Choice of patient on suppliers of drugs and supplies 441.086
Ambulatory surgical centers 441.087
General inspection of long term care facility 441.089
Application of Health Care Quality Improvement Act of 1986 441.094
Denial of emergency medical services because of inability to pay prohibited 441.096
Identification badges 441.098
Health practitioner referral of patient to treatment or diagnostic testing facility 441.099
Health Licensing Office to ensure compliance with ORS 441.098 441.101
Safeguards for protected health information 441.151
“Hospital” defined for ORS 441.152 to 441.177 441.152
Nurse Staffing Advisory Board 441.154
Hospital nurse staffing committee 441.155
Written staffing plan for nursing services 441.156
Annual review of nurse staffing plan 441.157
Audits 441.164
Variances to staffing plan requirements 441.165
Modification of nurse staffing plan in case of emergency or epidemic 441.166
Need for replacement staff 441.168
Leaving a patient care assignment 441.169
Public notice 441.171
Complaint investigations 441.173
Hospital to maintain records 441.175
Civil penalties 441.177
Posting of audit reports and civil penalties 441.179
Definitions for ORS 441.179 to 441.186 441.181
Retaliation prohibited 441.183
Remedies for retaliation 441.184
Unlawful employment practices 441.185
Hospital posting of notice 441.186
Rights, privileges or remedies of nursing staff 441.192
Notice of employment outside of hospital 441.221
Advisory Committee on Physician Credentialing Information 441.222
Committee recommendations 441.223
Implementation of committee recommendations 441.277
Definitions for ORS 441.277 to 441.323 441.281
Petition for appointment of trustee 441.286
Grounds for appointment of trustee 441.289
Powers and duties of trustee 441.293
Liability to trustee for goods and services after notice 441.296
Liability for rent or contracts 441.301
Payment of expenses when income inadequate 441.303
Establishment of Facility Fund 441.306
Compensation of trustee 441.309
Trustee as public employee 441.312
License renewal of facility placed in trust 441.316
Termination of trust 441.318
Trustee accounting 441.323
Effect of trust or temporary management on prior obligations or civil or criminal liabilities 441.331
Definition of “facility” for ORS 441.331 to 441.341 441.333
Appointment of temporary manager 441.336
Accounting by temporary manager 441.338
Temporary manager as agent of state agency 441.341
Rules 441.357
Definitions for ORS 441.357 to 441.367 441.362
Notice by Department of Human Services prior to move or termination 441.367
Facility required to give notice of base rate and policy on nonpayment 441.373
Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime 441.402
Definitions for ORS 441.402 to 441.419 441.403
Office of Long Term Care Ombudsman 441.404
Funding of office 441.406
Duties of ombudsman 441.407
Procedures to maintain confidentiality 441.408
Right of entry into facilities and access to records 441.409
Report after investigation 441.411
Notice of complaint procedures 441.412
Immunity of employees 441.413
Appointment of designees 441.414
Effect of ORS 441.402 to 441.419 on right to visitors 441.416
Residential Ombudsman and Public Guardianship Advisory Board 441.417
Duties 441.418
Appeal to Residential Ombudsman and Public Guardianship Advisory Board 441.419
Long Term Care Ombudsman Account 441.525
Definitions for ORS 441.525 to 441.595 441.530
Policy 441.532
Municipalities authorized to create authority 441.535
Procedure to create public authority 441.540
Board of directors 441.545
Authority may not levy taxes 441.550
General powers 441.555
Issuance of revenue obligations 441.560
Borrowing 441.565
Obligations of authority not obligations of municipality 441.570
Payment of principal and interest 441.575
Authorities may act jointly 441.580
Authority as public body 441.585
Disposition of excess earnings 441.590
Authority granted by ORS 441.525 to 441.595 441.595
Construction of ORS 441.525 to 441.595 441.600
Definitions for ORS 441.600 to 441.625 441.605
Legislative declaration of rights intended for residents 441.610
Nursing home patients’ bill of rights 441.612
Additional rights 441.615
Powers and responsibilities of department 441.620
Disclosure of business information required 441.624
Purpose 441.625
Retaliation against resident exercising rights prohibited 441.630
Definitions for ORS 441.630 to 441.680 441.635
Legislative finding 441.637
Rules 441.640
Report of suspected abuse of resident required 441.645
Oral report to area agency on aging, department or law enforcement agency 441.650
Investigation of abuse complaint 441.655
Immunity for reporter of abuse 441.659
Disclosure of protected health information to law enforcement 441.660
Photographing resident 441.665
Record of reports 441.671
Confidentiality of reports 441.674
Specified evidentiary privileges inapplicable 441.675
General evidentiary privileges inapplicable 441.676
Investigation of licensing violations 441.677
Letter of determination 441.678
Review of finding that nursing assistant responsible for abuse 441.679
Preemployment inquiries 441.680
Spiritual healing alone not considered abuse of resident 441.685
Monitors 441.690
Complainant may accompany investigator 441.695
Conduct of investigation 441.697
Prescribed drug supply for unscheduled therapeutic leave from long term care facility 441.700
Access to facilities by persons providing services 441.703
Complaint file 441.705
Definitions for ORS 441.705 to 441.745 441.710
Civil penalties 441.712
Notice of civil penalty 441.715
Criteria for civil penalties 441.720
Remittance or reduction of penalties 441.726
Progressive enforcement process 441.731
Civil penalties 441.736
License conditions 441.740
Judicial review 441.745
Penalties to Quality Care Fund 441.750
Suicide attempts by minors 441.755
Report form 441.815
Smoking of tobacco or use of inhalant delivery system in or near hospital prohibited 441.816
Influenza vaccines for patients 65 years of age or older 441.820
Procedure for termination of physician’s privilege to practice medicine at health care facility 441.825
Authority of hospital to require medical staff to provide professional liability insurance 441.990
Civil and criminal penalties 441.991
Civil penalty for violation of ORS 441.098 441.992
Civil penalty for violation of ORS 441.048 or 441.049
Green check means up to date. Up to date

Current through early 2024

§ 441.183’s source at oregon​.gov