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

(1) The Department of Human Services 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 department 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 department 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 department 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 department 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]

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

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963

1 Legislative Counsel Committee, CHAPTER 441—Health Care Facilities, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors441.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­441ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information