2017 ORS 678.117¹
Procedure for imposing civil penalty
  • amount
  • rules

(1) The Oregon State Board of Nursing shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for any violation of ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA”) or any rule of the board. No civil penalty shall exceed $5,000.

(2) In imposing a penalty pursuant to this section, the board shall consider the following factors:

(a) The past history of the person incurring the penalty in observing the provisions of ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA”) and the rules adopted pursuant thereto.

(b) The economic and financial conditions of the person incurring the penalty.

(3) Any penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board considers proper and consistent with the public health and safety.

(4) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).

(5) All penalties recovered under this section shall be credited to the special account described in ORS 678.170 (Disposition of receipts). [1973 c.584 §22; 1981 c.369 §8; 1985 c.23 §3; 1991 c.734 §72; 1999 c.375 §2]

Chapter 678

Atty. Gen. Opinions

Disclosure by Board of Nursing of names, business and home addresses of registered and licensed practical nurses, (1982) Vol. 42, p 382; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188

1 Legislative Counsel Committee, CHAPTER 678—Nurses; Nursing Home Administrators, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors678.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 678, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano678.­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.