2013 ORS § 443.455¹
Civil penalties
  • rules

(1) Except as provided in subsection (5) of this section, for purposes of imposing civil penalties, residential facilities approved under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) are subject to ORS 441.705 (Definitions for ORS 441.705 to 441.745) to 441.745 (Penalties to Quality Care Fund).

(2) The Director of Human Services shall by rule prescribe a schedule of penalties for residential care facilities, residential training facilities and residential training homes that are not in compliance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties).

(3) The Director of the Oregon Health Authority shall by rule prescribe a schedule of penalties for residential treatment facilities and residential treatment homes that are not in compliance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties).

(4) If the department or authority investigates and makes a finding of abuse arising from deliberate or other than accidental action or inaction that is likely to cause a negative outcome by a person with a duty of care toward a resident of a residential facility and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the department or authority shall impose a civil penalty of not less than $2,500 for each occurrence of substantiated abuse, not to exceed $15,000 in any 90-day period. As used in this subsection:

(a) Negative outcome includes serious injury, rape, sexual abuse or death.

(b) Rape means rape in the first, second or third degree as described in ORS 163.355 (Rape in the third degree), 163.365 (Rape in the second degree) and 163.375 (Rape in the first degree).

(c) Serious injury means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

(d) Sexual abuse means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, sodomy, sexual coercion, sexually explicit photographing and sexual harassment.

(5) Civil penalties recovered from a residential training facility, residential training home, residential treatment facility or residential treatment home shall be deposited in the Long Term Care Ombudsman Account established in ORS 441.153 (Long Term Care Ombudsman Account). [1977 c.717 §13; 1991 c.801 §4; 2001 c.900 §186; 2005 c.22 §311; 2009 c.595 §789; 2009 c.828 §89; 2013 c.717 §15]

Note: The amendments to 443.455 (Civil penalties) by section 15, chapter 717, Oregon Laws 2013, become operative July 1, 2014. See section 19, chapter 717, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the users convenience.

443.455 (Civil penalties). (1) For purposes of imposing civil penalties, residential facilities approved under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) are subject to ORS 441.705 (Definitions for ORS 441.705 to 441.745) to 441.745 (Penalties to Quality Care Fund).

(2) The Director of Human Services shall by rule prescribe a schedule of penalties for residential care facilities, residential training facilities and residential training homes that are not in compliance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties).

(3) The Director of the Oregon Health Authority shall by rule prescribe a schedule of penalties for residential treatment facilities and residential treatment homes that are not in compliance with ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties).

(4) If the department or authority investigates and makes a finding of abuse arising from deliberate or other than accidental action or inaction that is likely to cause a negative outcome by a person with a duty of care toward a resident of a residential facility and if the abuse resulted in the death, serious injury, rape or sexual abuse of a resident, the department or authority shall impose a civil penalty of not less than $2,500 for each occurrence of substantiated abuse, not to exceed $15,000 in any 90-day period. As used in this subsection:

(a) Negative outcome includes serious injury, rape, sexual abuse or death.

(b) Rape means rape in the first, second or third degree as described in ORS 163.355 (Rape in the third degree), 163.365 (Rape in the second degree) and 163.375 (Rape in the first degree).

(c) Serious injury means physical injury that creates a substantial risk of death or that causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

(d) Sexual abuse means any form of nonconsensual sexual contact, including but not limited to unwanted or inappropriate touching, sodomy, sexual coercion, sexually explicit photographing and sexual harassment.