2015 ORS 441.990¹
Civil and criminal penalties

(1) Violation of ORS 441.015 (Licensing of facilities and health maintenance organizations) (1) is a Class B violation. Each day of continuing violation after a first conviction shall be considered a subsequent violation.

(2) Any person who willfully prevents, interferes with, or attempts to impede in any way the work of any duly authorized representative of the Department of Human Services in the lawful carrying out of the provisions of ORS 441.087 (General inspection of long term care facility) (1) commits a Class C misdemeanor.

(3) The removal of the notice required by ORS 441.030 (Denial, suspension or revocation of licenses) (4) by any person other than an official of the department is a Class C misdemeanor.

(4) Any person who, after being excluded by a trustee pursuant to ORS 441.289 (Powers and duties of trustee) (16), remains upon the premises of a facility or returns to a facility violates ORS 164.245 (Criminal trespass in the second degree).

(5) In addition to the penalties under this section, the Oregon Health Authority, the Department of Human Services or the Department of Consumer and Business Services may assess civil penalties against any health care facility or health maintenance organization under ORS 441.030 (Denial, suspension or revocation of licenses) or for a violation of ORS 441.015 (Licensing of facilities and health maintenance organizations) (1). A civil penalty imposed under this section may not exceed $5,000.

(6) Civil penalties under this section shall be imposed in the manner provided by ORS 183.745 (Civil penalty procedures).

(7) Civil penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund for general governmental purposes. [Subsection (2) enacted as 1971 c.166 §2; subsection (3) enacted as 1975 c.294 §4; 1977 c.173 §2; 1977 c.582 §48; 1987 c.428 §41; 1989 c.171 §56; 1999 c.1051 §183; 2001 c.900 §178; 2007 c.602 §9; 2009 c.539 §13; 2009 c.595 §746; 2009 c.792 §62; 2011 c.597 §197]

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospitals 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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 441, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano441.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.