2011 ORS § 441.170¹
Civil penalties
  • suspension or revocation of license
  • rules
  • records
  • compliance audits

(1) The Oregon Health Authority may impose civil penalties in the manner provided in ORS 183.745 (Civil penalty procedures) or suspend or revoke a license of a hospital for a violation of any provision of ORS 441.162 (Written staffing plan for nursing services) or 441.166 (Need for replacement staff). The authority shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for any violation of ORS 441.162 (Written staffing plan for nursing services) or 441.166 (Need for replacement staff) when there is a reasonable belief that safe patient care has been or may be negatively impacted. A civil penalty imposed under this subsection may not exceed $5,000. Each violation of a nursing staff plan shall be considered a separate violation. Any license that is suspended or revoked under this subsection shall be suspended or revoked as provided in ORS 441.030 (Denial, suspension or revocation of licenses).

(2) The authority shall maintain for public inspection records of any civil penalties or license suspensions or revocations imposed on hospitals penalized under subsection (1) of this section.

(3) The authority shall conduct an annual random audit of not less than seven percent of all hospitals in this state solely to verify compliance with the requirements of ORS 441.162 (Written staffing plan for nursing services), 441.166 (Need for replacement staff) and 441.192 (Notice of employment outside of hospital). Surveys made by private accrediting organizations may not be used in lieu of the audit required under this subsection. The authority shall compile and maintain for public inspection an annual report of the audit conducted under this subsection.

(4) The costs of the audit required under subsection (3) of this section may be paid out of funds from licensing fees paid by hospitals under ORS 441.020 (Application). [2001 c.609 §6; 2009 c.595 §735]

Note: See note under 441.160 (Definition for ORS 441.162 to 441.170).