2013 ORS § 441.710¹
Civil penalties
  • when imposed

(1) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person for any of the following:

(a) Violation of any of the terms or conditions of a license issued under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility), 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595), 441.815 (Smoking of tobacco in or near hospital prohibited), 441.820 (Procedure for termination of physicians privilege to practice medicine at health care facility), 441.990 (Civil and criminal penalties), 442.342 (Waiver of requirements), 442.344 (Exemptions from requirements) and 442.400 (Health care facility defined) to 442.463 (Annual utilization report) for a long term care facility, as defined in ORS 442.015 (Definitions).

(b) Violation of any rule or general order of the Department of Human Services that pertains to a long term care facility.

(c) Violation of any final order of the director that pertains specifically to the long term care facility owned or operated by the person incurring the penalty.

(d) Violation of ORS 441.605 (Legislative declaration of rights intended for residents) or of rules required to be adopted under ORS 441.610 (Nursing home patients bill of rights).

(e) Violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) if the facility is a residential care facility, residential training facility or residential training home.

(2) In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on a person for a violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) if the facility is a residential treatment facility or a residential treatment home.

(3) The Director of Human Services may not impose a penalty under subsection (1) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 441.605 (Legislative declaration of rights intended for residents) or 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property) or of the rules required to be adopted by ORS 441.610 (Nursing home patients bill of rights) unless a violation is found on two consecutive surveys of a long term care facility. The Director of Human Services in every case shall prescribe a reasonable time for elimination of a violation:

(a) Not to exceed 30 days after first notice of a violation; or

(b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director.

(4) The Director of the Oregon Health Authority may not impose a penalty under subsection (2) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS 443.880 (Responsibilities of residential facility regarding property of resident) or 443.881 (Transfer of property). The Director of the Oregon Health Authority in every case shall prescribe a reasonable time for elimination of a violation:

(a) Not to exceed 30 days after first notice of a violation; or

(b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. [1975 c.328 §1; 1977 c.261 §8; 1979 c.261 §8; 1983 c.740 §159; 1987 c.428 §36; 1991 c.413 §4; 2009 c.595 §739; 2011 c.9 §61]

Note: See note under 441.705 (Definitions for ORS 441.705 to 441.745).