ORS 676.992
Civil penalties

(1)

Except as provided in subsection (3) of this section, and in addition to any other penalty or remedy provided by law, the Health Licensing Office may impose a civil penalty not to exceed $5,000 for each violation of the following statutes and any rule adopted under the following statutes:

(a)

ORS 688.701 (Definitions for ORS 688.701 to 688.734) to 688.734 (Disciplinary authority of Health Licensing Office) (athletic training);

(b)

ORS 690.005 (Definitions for ORS 690.005 to 690.225) to 690.225 (Inspections) (cosmetology);

(c)

ORS 680.500 (Definitions for ORS 680.500 to 680.565) to 680.565 (Authority of Health Licensing Office and director) (denture technology);

(d)

Subject to ORS 676.616 (Final order authority for contested cases related to practice of direct entry midwifery) and 687.445 (Discipline), ORS 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes) (direct entry midwifery);

(e)

ORS 690.350 (Definitions for ORS 690.350 to 690.410) to 690.410 (Minimum standards of education and training) (tattooing, electrolysis, body piercing, earlobe piercing, dermal implanting and scarification);

(f)

ORS 694.015 (Definitions for ORS 694.015 to 694.170) to 694.170 (Duties of council) (dealing in hearing aids);

(g)

ORS 688.800 (Definitions for ORS 688.800 to 688.840) to 688.840 (Immunity from civil liability) (respiratory therapy and polysomnography);

(h)

ORS chapter 700 (environmental sanitation);

(i)

ORS 675.365 (Definitions for ORS 675.365 to 675.410) to 675.410 (Duties of Health Licensing Office under ORS 675.365 to 675.410) (sexual abuse specific treatment);

(j)

ORS 678.710 (Definitions for ORS 678.710 to 678.820) to 678.820 (Duties and powers of board and Health Licensing Office) (nursing home administrators and residential care facility administrators);

(k)

ORS 691.405 (Definitions for ORS 691.405 to 691.485) to 691.485 (Board of Licensed Dietitians) (dietitians);

(L)

ORS 676.612 (Disciplinary authority) (prohibited acts);

(m)

ORS 676.810 (Board duties) and 676.815 (Behavior analysis interventionists) (applied behavior analysis);

(n)

ORS 681.700 (Definitions for ORS 681.700 to 681.730) to 681.730 (Rules) (music therapy);

(o)

ORS 676.630 (Definitions for ORS 676.630 to 676.660) to 676.660 (Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures) (advanced nonablative esthetics procedure);

(p)

ORS 681.740 (Definitions for ORS 681.740 to 681.758) to 681.758 (Rules) (art therapy);

(q)

ORS 676.665 (Definitions for ORS 676.665 to 676.689) to 676.689 (Rules) (lactation consultation); and

(r)

ORS 676.730 (Definitions for ORS 676.730 to 676.748) to 676.748 (Rules) (genetic counseling).

(2)

The office may take any other disciplinary action that it finds proper, including but not limited to assessment of costs of disciplinary proceedings, not to exceed $5,000, for violation of any statute listed in subsection (1) of this section or any rule adopted under any statute listed in subsection (1) of this section.

(3)

Subsection (1) of this section does not limit the amount of the civil penalty resulting from a violation of ORS 694.042 (Right to rescind hearing aid purchase).

(4)

In imposing a civil penalty under this section, the office shall consider the following factors:

(a)

The immediacy and extent to which the violation threatens the public health or safety;

(b)

Any prior violations of statutes, rules or orders;

(c)

The history of the person incurring a penalty in taking all feasible steps to correct any violation; and

(d)

Any other aggravating or mitigating factors.

(5)

Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).

(6)

The moneys received by the office from civil penalties under this section shall be deposited in the Health Licensing Office Account and are continuously appropriated to the office for the administration and enforcement of the laws the office is charged with administering and enforcing that govern the person against whom the penalty was imposed. [2003 c.547 §4; 2005 c.648 §14; 2007 c.841 §17; 2009 c.701 §17; 2009 c.768 §31; 2011 c.346 §31; 2011 c.630 §20; 2011 c.715 §21; 2013 c.82 §5; 2013 c.314 §17; 2013 c.568 §33; 2013 c.657 §10; 2013 c.771 §17; 2015 c.632 §6; 2015 c.674 §16; 2015 c.722 §11; 2017 c.155 §13; 2017 c.421 §9; 2017 c.499 §20; 2018 c.61 §25; 2021 c.231 §14]

Source: Section 676.992 — Civil penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors676.­html.

676.108
Definition of “health professional regulatory board.” 676.110
Use of title “doctor.” 676.115
Use of title “nurse.” 676.120
Use of deceased licensee’s name 676.130
Enforcement of ORS 676.110, 676.115 and 676.120 676.150
Duty to report prohibited or unprofessional conduct, arrests and convictions 676.160
Definitions for ORS 676.165 to 676.180 676.165
Complaint investigation 676.170
Immunity of information providers 676.175
Complaints and investigations confidential 676.177
Disclosure of confidential information to another public entity 676.180
Notice prior to disclosure 676.185
Definitions for ORS 676.185 to 676.200 676.190
Establishment of program 676.194
Impaired Health Professional Program Work Group 676.200
Board participation in program 676.205
Continuing jurisdiction of boards 676.210
Practice of health care profession after suspension or revocation of license prohibited 676.220
Enjoining health care professional from practicing after suspension or revocation of license 676.230
Injunction as cumulative remedy 676.260
Health care facility notification of blood alcohol level or presence of cannabis or controlled substance in blood 676.280
Immunity of person providing notice to law enforcement of blood test results 676.300
Authority of health care provider to notify law enforcement agency that patient who is under influence of intoxicants is about to drive vehicle 676.303
Purposes of health professional regulatory boards 676.306
Executive directors 676.308
Authorization for military spouse or domestic partner to practice health profession 676.310
Fees for laboratory testing 676.330
Approved osteopathic residency training and certification included as medical specialty certification 676.340
Limitations on liability of health practitioners providing health care services without compensation 676.345
Registration program for health care professionals claiming liability limitation 676.350
Authority of health professional regulatory boards to adopt rules permitting expedited partner therapy 676.360
Pelvic examinations 676.400
Racial and ethnic composition of regulated health professions 676.405
Release of personal information 676.410
Information required for renewal of certain licenses 676.440
Duty of health professional regulatory boards to encourage multidisciplinary pain management services 676.450
Health Care Provider Incentive Fund 676.454
Health care provider incentive program 676.459
Health care workforce needs 676.463
Financial incentive program participation data 676.467
Allocation of moneys 676.551
Needlestick injury 676.553
Prohibitions relating to provision of substance abuse, problem gambling or mental health services and support 676.560
Purpose of Health Licensing Office 676.562
Definitions for ORS 676.560 to 676.625 676.565
Oversight and centralized service by office 676.568
Office responsibilities 676.572
Issuance of authorizations 676.576
Fees 676.579
Director 676.585
Duty of director to keep records and prepare reports 676.590
Disclosure of investigatory information, records 676.595
Disclosure of certain investigatory information 676.599
Disclosure of information to other public entity 676.608
Investigative authority 676.612
Disciplinary authority 676.613
Injunctions 676.615
Rulemaking authority 676.616
Final order authority for contested cases related to practice of direct entry midwifery 676.618
Inspection of facilities 676.622
Exemption from certain requirements for original signatures 676.625
Health Licensing Office Account 676.630
Definitions for ORS 676.630 to 676.660 676.635
Prohibition on unauthorized practice of advanced nonablative esthetics procedures or unauthorized use of title 676.640
Certification for practice of advanced nonablative esthetics procedures 676.645
Renewal of certificate 676.647
Prohibition on use of unregistered device 676.650
Board of Certified Advanced Estheticians 676.655
Board powers 676.660
Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures 676.665
Definitions for ORS 676.665 to 676.689 676.669
Lactation consultant license 676.673
Continuing education 676.677
Standards of practice and professional responsibility 676.681
Prohibition on unauthorized practice, use of title 676.685
Discipline 676.689
Rules 676.730
Definitions for ORS 676.730 to 676.748 676.733
Genetic counseling license 676.736
Prohibition on unauthorized practice, use of title 676.739
Requirement to refer for diagnosis, certain treatment 676.742
Requirement to practice, provide services in culturally, linguistically appropriate manner 676.745
Discipline 676.748
Rules 676.802
Definitions for ORS 676.802, 676.806 and 676.810 to 676.820 676.806
Behavior Analysis Regulatory Board 676.810
Board duties 676.815
Behavior analysis interventionists 676.820
Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist.” 676.825
Disciplinary authority over persons licensed or registered 676.830
Health benefit plan credentialing for applied behavior analysis providers 676.850
Authority of regulatory boards to require cultural competency continuing education 676.855
Authority of public universities and community colleges to require cultural competency continuing education 676.860
Suicide risk assessment, treatment and management continuing education for physical health care providers 676.863
Oregon Health Authority list of continuing education opportunities 676.866
Suicide risk assessment, treatment and management continuing education for behavioral health care providers 676.870
Definitions for ORS 676.870 to 676.890 676.875
Requirements for practice of surgical technology in health care facilities 676.880
Exemption 676.885
Practice of surgical technology in health care facility in rural or medically underserved community 676.890
Penalties 676.990
Criminal penalties 676.992
Civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 676.992’s source at oregon​.gov