2017 ORS 441.030¹
Denial, suspension or revocation of licenses
  • restrictions on admission
  • penalties

(1) The Oregon Health Authority or the Department of Human Services may assess a civil penalty and, pursuant to ORS 479.215 (Institution not to be licensed or certificated unless in compliance with fire safety requirements), shall deny, suspend or revoke a license, in any case where the State Fire Marshal, or the representative of the State Fire Marshal, certifies that there is a failure to comply with all applicable laws, lawful ordinances and rules relating to safety from fire.

(2) The authority may:

(a) Assess a civil penalty or deny, suspend or revoke a license of a health care facility other than a long term care facility in any case where it finds that there has been a substantial failure to comply with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons) and 441.196 (Discharge of patients receiving mental health treatment) or the rules or minimum standards adopted under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons) and 441.196 (Discharge of patients receiving mental health treatment).

(b) Assess a civil penalty or suspend or revoke a license issued under ORS 441.025 (License issuance) for failure to comply with an authority order arising from a health care facility’s substantial lack of compliance with the provisions of ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.152 (Nurse Staffing Advisory Board) to 441.177 (Posting of audit reports and civil penalties) or 441.196 (Discharge of patients receiving mental health treatment) or the rules adopted under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.152 (Nurse Staffing Advisory Board) to 441.177 (Posting of audit reports and civil penalties) or 441.196 (Discharge of patients receiving mental health treatment).

(c) Suspend or revoke a license issued under ORS 441.025 (License issuance) for failure to pay a civil penalty imposed under ORS 441.175 (Civil penalties).

(3) The department may:

(a) Assess a civil penalty or deny, suspend or revoke a long term care facility’s license in any case where it finds that there has been a substantial failure to comply with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.087 (General inspection of long term care facility) or 441.196 (Discharge of patients receiving mental health treatment) or the rules or minimum standards adopted under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.087 (General inspection of long term care facility) or 441.196 (Discharge of patients receiving mental health treatment).

(b) Assess a civil penalty or suspend or revoke a long term care facility’s license issued under ORS 441.025 (License issuance) for failure to comply with a department order arising from a long term care facility’s substantial lack of compliance with the provisions of ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.084 (Choice of patient on suppliers of drugs and supplies), 441.087 (General inspection of long term care facility) or 441.196 (Discharge of patients receiving mental health treatment) or the rules adopted under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.084 (Choice of patient on suppliers of drugs and supplies), 441.087 (General inspection of long term care facility) or 441.196 (Discharge of patients receiving mental health treatment).

(c) Suspend or revoke a license issued under ORS 441.025 (License issuance) for failure to pay a civil penalty imposed under ORS 441.710 (Civil penalties).

(d) Order a long term care facility licensed under ORS 441.025 (License issuance) to restrict the admission of patients when the department finds an immediate threat to patient health and safety arising from failure of the long term care facility to be in compliance with ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.084 (Choice of patient on suppliers of drugs and supplies), 441.087 (General inspection of long term care facility) or 441.196 (Discharge of patients receiving mental health treatment) and the rules adopted under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.063 (Use of facilities by licensed podiatric physicians and surgeons), 441.084 (Choice of patient on suppliers of drugs and supplies), 441.087 (General inspection of long term care facility) or 441.196 (Discharge of patients receiving mental health treatment).

(4) Any long term care facility that has been ordered to restrict the admission of patients pursuant to subsection (3)(d) of this section shall post a notice of the restriction, provided by the department, on all doors providing ingress to and egress from the facility, for the duration of the restriction. [Amended by 1959 c.222 §1; 1961 c.316 §7; 1971 c.730 §8; 1977 c.582 §46; 1987 c.428 §6; 1989 c.171 §55; 1991 c.734 §22; 2001 c.609 §8; 2001 c.900 §164; 2007 c.71 §125; 2009 c.595 §723; 2009 c.792 §57; 2015 c.669 §14]

Notes of Decisions

By compelling doctors to review their competitors, Oregon has expressed policy to replace pure competi­tion for purpose of determining whether peer-review ac­tivity is exempted from federal antitrust laws. Patrick v. Burget, 800 F2d 1498 (1986)

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/­ors/­ors441.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.