Bill Text: OR SB136 | 2011 | Regular Session | Introduced
Bill Title: Relating to orders issued by a regulatory board.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB136 Detail]
Download: Oregon-2011-SB136-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 528
Senate Bill 136
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for State Mortuary and Cemetery Board)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows certain regulatory boards to issue order punishing
certain violations without issuing notice of intent to impose
discipline.
A BILL FOR AN ACT
Relating to orders issued by a regulatory board; creating new
provisions; and amending ORS 675.070, 675.337, 675.540,
675.745, 676.175, 676.992, 677.200, 677.265, 678.117, 679.250,
681.490, 682.991, 683.140, 684.155, 685.990, 686.450, 686.990,
687.250, 688.140, 688.915, 689.832 and 692.180.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'board' means the:
(a) State Board of Examiners for Speech-Language Pathology and
Audiology;
(b) State Board of Chiropractic Examiners;
(c) State Board of Licensed Social Workers;
(d) Oregon Board of Licensed Professional Counselors and
Therapists;
(e) Oregon Board of Dentistry;
(f) Board of Examiners of Licensed Dietitians;
(g) State Board of Massage Therapists;
(h) State Mortuary and Cemetery Board;
(i) Oregon Board of Naturopathic Medicine;
(j) Oregon State Board of Nursing;
(k) Oregon Board of Optometry;
(L) State Board of Pharmacy;
(m) Oregon Medical Board;
(n) Occupational Therapy Licensing Board;
(o) Physical Therapist Licensing Board;
(p) State Board of Psychologist Examiners;
(q) Board of Medical Imaging;
(r) Oregon State Veterinary Medical Examining Board;
(s) Oregon Health Authority to the extent that the authority
certifies emergency medical technicians; and
(t) Oregon Health Licensing Agency.
(2) A board or person designated by a board may, without
issuing a notice of intent to impose discipline to the licensee
or applicant, issue an order finding that a licensee or applicant
has committed one of the following violations:
(a) Failure to maintain current information, including a
licensee's address, employer, location or supervisor, with the
board if required by the board.
(b) Failure to obtain board approval before change of ownership
if required by the board.
(c) Failure to pay required fees.
(d) Failure to post required documents.
(e) Minor violations discovered during an inspection of a
licensee's premises or records, as prescribed by rule of the
board.
(f) Failure to respond to a request for an audit if required by
the board.
(g) Failure to provide professional disclosure documents to
clients, if required by the board.
(h) Failure to complete or document completion of continuing
education requirements.
(3) An order issued under subsection (2) of this section:
(a) Must include the information required under ORS 183.415.
(b) May impose a civil penalty of up to $500.
(4) A board may not issue an order under subsection (2) of this
section if the board is required to investigate under ORS
676.165.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.745. + }
SECTION 2. ORS 676.175 is amended to read:
676.175. (1) A health professional regulatory board shall keep
confidential and not disclose to the public any information
obtained by the board as part of an investigation of a licensee
or applicant, including complaints concerning licensee or
applicant conduct and information permitting the identification
of complainants, licensees or applicants. However, the board may
disclose information obtained in the course of an investigation
of a licensee or applicant to the extent necessary to conduct a
full and proper investigation.
(2) Notwithstanding subsection (1) of this section, if a health
professional regulatory board votes not to issue a notice of
intent to impose a disciplinary sanction:
(a) The board shall disclose information obtained as part of an
investigation of an applicant or licensee if the person
requesting the information demonstrates by clear and convincing
evidence that the public interest in disclosure outweighs other
interests in nondisclosure, including but not limited to the
public interest in nondisclosure.
(b) The board may disclose to a complainant a written summary
of information obtained as part of an investigation of an
applicant or licensee resulting from the complaint to the extent
the board determines necessary to explain the reasons for the
board's decision. An applicant or licensee may review and obtain
a copy of any written summary of information disclosed to a
complainant by the board after the board has deleted any
information that could reasonably be used to identify the
complainant.
(3) If a health professional regulatory board votes to issue a
notice of intent to impose a disciplinary sanction, upon written
request by the licensee or applicant, the board shall disclose to
the licensee or applicant all information obtained by the board
in the investigation of the allegations in the notice except:
(a) Information that is privileged or confidential under a law
other than this section.
(b) Information that would permit the identification of any
person who provided information that led to the filing of the
notice and who will not provide testimony at a hearing arising
out of the investigation.
(c) Information that would permit the identification of any
person as a person who made a complaint to the board about a
licensee or applicant.
(d) Reports of expert witnesses.
(4) Information disclosed to a licensee or applicant under
subsection (3) of this section may be further disclosed by the
licensee or applicant only to the extent necessary to prepare for
a hearing on the notice of intent to impose a disciplinary
sanction.
(5)(a) A health professional regulatory board shall disclose:
(A) A notice of intent to impose a disciplinary sanction
against a licensee or applicant that has been issued by vote of
the board;
(B) A final order that results from the board's notice of
intent to impose a disciplinary sanction;
{ + (C) An order issued under section 1 of this 2011 Act; + }
{ - (C) - } { + (D) + } An emergency suspension order;
{ - (D) - } { + (E) + } A consent order or stipulated
agreement that involves licensee or applicant conduct; and
{ - (E) - } { + (F) + }Information to further an
investigation into board conduct under ORS 192.685.
(b) A health professional regulatory board may make the
information required to be disclosed under paragraph (a)(A) to
{ - (D) - } { + (E) + } of this subsection available in
electronic form, accessible by use of a personal computer or
similar technology that provides direct electronic access to the
information.
(6) If a notice of intent to impose a disciplinary sanction has
been issued by vote of a health professional regulatory board, a
final order that results from the board's notice of intent to
impose a disciplinary sanction, an emergency suspension order or
a consent order or stipulated agreement that involves licensee or
applicant conduct shall summarize the factual basis for the
board's disposition of the matter.
(7) A health professional regulatory board record or order, or
any part thereof, obtained as part of or resulting from an
investigation, contested case proceeding, consent order { + , + }
{ - or - } stipulated agreement { + or proceeding under section
1 of this 2011 Act + }, is not admissible as evidence and
{ - may - } { + does + } not preclude an issue or claim in any
civil proceeding except in a proceeding between the board and the
licensee or applicant as otherwise allowed by law.
(8)(a) Notwithstanding subsection (1) of this section, it is
not disclosure to the public for a board to permit other public
officials and members of the press to attend executive sessions
where information obtained as part of an investigation is
discussed. Public officials and members of the press attending
such executive sessions shall not disclose information obtained
as part of an investigation to any other member of the public.
(b) For purposes of this subsection, 'public official ' means a
member or member-elect, or any member of the staff or an
employee, of a public entity as defined by ORS 676.177.
(9) A health professional regulatory board may establish fees
reasonably calculated to reimburse the actual cost of disclosing
information to licensees or applicants as required by subsection
(3) of this section.
SECTION 3. ORS 681.490 is amended to read:
681.490. (1) The State Board of Examiners for Speech-Language
Pathology and Audiology:
(a) May, upon its own motion, investigate any alleged violation
of this chapter.
(b) Shall, upon the complaint of any resident of this state,
investigate any alleged violation of this chapter.
(2) In the conduct of investigations, the board may:
(a) Take evidence;
(b) Take the depositions of witnesses, including the person
charged, in the manner provided by law in civil cases;
(c) Compel the appearance of witnesses, including the person
charged, before the board in person the same as in civil cases;
(d) Require answers to interrogatories; and
(e) Compel the production of books, papers, accounts, documents
and testimony pertaining to the matter under investigation.
(3) In exercising its authority under subsection (2) of this
section, the board may issue subpoenas over the signature of the
board chairperson and the seal of the board in the name of the
State of Oregon.
(4) The board may bring a cause of action for injunction or
other appropriate remedy to enforce any provision of this
chapter.
(5) In addition to or in lieu of any other sanction permitted
under this chapter, the board may { + , in the manner provided in
ORS 183.745:
(a) + } Impose a civil penalty of up to $5,000 for each
violation of the provisions of this chapter or rules adopted by
the board under this chapter. { - A civil penalty imposed under
this section shall be imposed in the manner provided in ORS
183.745. - }
{ + (b) Impose civil penalties as provided in section 1 of
this 2011 Act. + }
SECTION 4. ORS 684.155 is amended to read:
684.155. In addition to any other powers granted by this
chapter, the State Board of Chiropractic Examiners may:
(1) Adopt necessary and proper rules:
(a) Establishing standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications of applicants for licenses to practice in this
state.
(b) To enforce the provisions of this chapter and to exercise
general supervision over the practice of chiropractic within this
state.
(c)(A) To establish standards and procedures to certify
ancillary personnel as qualified to provide physiotherapy,
electrotherapy or hydrotherapy under the direction of a
chiropractic physician, and to establish continuing education
requirements as a condition of maintaining such certification.
(B) As used in this paragraph, 'ancillary personnel' means a
chiropractic physician's staff personnel who are directed or
designated, by spoken or written words or other means, to follow
and carry out the chiropractic physician's orders or directions.
(2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and place persons on
probation as provided in this chapter.
(3) Without the necessity of prior administrative proceedings
or hearing and entry of an order or at any time during such
proceedings if they have been commenced, institute proceedings to
enjoin the practice of any person operating in violation of this
chapter.
(4) Make its personnel and facilities available to other
regulatory agencies of this state, or other bodies interested in
the development and improvement of the practice of chiropractic
in this state, upon such terms and conditions for reimbursement
as are agreed to by the board and the other agency or body.
(5) Determine the chiropractic schools, colleges and
institutions and the training acceptable in connection with
licensing under this chapter and approve residency, internship
and other training programs carried on by chiropractic schools,
colleges or institutions or chiropractic facilities.
(6) Prescribe the time, place, method, manner, scope and
subjects of examinations under this chapter.
(7) Prescribe all forms that it considers appropriate for the
purposes of this chapter, and require the submission of
photographs and relevant personal history data by applicants for
licenses to practice chiropractic in this state.
(8) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534 require each applicant
for a license or certification, or renewal of a license or
certification, to be fingerprinted.
(9) Subject to ORS 684.150, administer oaths, issue notices and
subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such
other acts as are reasonably necessary to carry out its duties
under this chapter.
(10) Establish specialty certificate requirements within the
practice of chiropractic, adopt rules applicable to specialty
certification and require specialty certification for
chiropractic physicians engaging in practices identified by the
board as requiring specialty certification.
{ + (11) Impose civil penalties as provided in section 1 of
this 2011 Act. + }
SECTION 5. ORS 675.540 is amended to read:
675.540. (1) The State Board of Licensed Social Workers may
impose any or all of the sanctions specified in subsection (2) of
this section, upon proof, after a hearing pursuant to the
provisions of ORS chapter 183 relating to a contested case, that
a regulated social worker:
(a) Has been convicted in this or any other state of a crime
that is a felony in this state;
(b) Has been convicted of a felony in a federal court;
(c) Is unable to perform the practice of social work by reason
of physical illness;
(d) Has an impairment as defined in ORS 676.303;
(e) Has been grossly negligent or has engaged in unprofessional
conduct in the practice of social work; or
(f) Has violated any provision of ORS 675.510 to 675.600 or any
rule adopted under ORS 675.600.
(2) Pursuant to the provisions of subsection (1) of this
section, the board may:
(a) Deny, suspend, revoke or refuse to renew any authorization
to practice regulated social work issued under ORS 675.510 to
675.600.
(b) Place a regulated social worker on probation and impose
conditions or limits on the scope of practice of a regulated
social worker.
(c) Impose a civil penalty not to exceed $3,000 for each
violation.
(3) The expiration, or voluntary surrender by a regulated
social worker, of an authorization to practice regulated social
work does not deprive the board of jurisdiction to proceed with
any investigation of, or any action or disciplinary proceedings
against, the regulated social worker.
(4) Information that the board obtains as part of an
investigation into the conduct of a regulated social worker or an
applicant for an authorization to practice regulated social work
or as part of a contested case proceeding, consent order or
stipulated agreement involving the conduct of a regulated social
worker or applicant, is confidential as provided under ORS
676.175.
(5) Subject to the provisions of ORS chapter 183 relating to a
contested case, the board may impose a civil penalty in an amount
up to $5,000 upon proof that, after a person's authorization to
practice regulated social work has been revoked by the board, the
person has:
(a) Engaged in the practice of clinical social work; or
(b) Represented that the person is a regulated social worker.
{ + (6) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
SECTION 6. ORS 675.745 is amended to read:
675.745. (1) The Oregon Board of Licensed Professional
Counselors and Therapists may deny, suspend, revoke or refuse to
issue or to renew any license issued under ORS 675.715 to 675.835
upon proof that the applicant for licensure or the licensee:
(a) Has been convicted of violating ORS 675.825 or of a crime
in this or any other state or territory or against the federal
government that brings into question the competence of the
licensee in the role of a counselor or a therapist;
(b) Is unable to perform the practice of professional
counseling or marriage and family therapy by reason of physical
illness;
(c) Has an impairment as defined in ORS 676.303;
(d) Has been grossly negligent in the practice of professional
counseling or marriage and family therapy;
(e) Has violated one or more of the rules of the board
pertaining to the licensure of professional counselors or
licensed marriage and family therapists;
(f) Has failed to file a professional disclosure statement or
has filed a false, incomplete or misleading professional
disclosure statement;
(g) Has practiced outside the scope of activities, including
administering, constructing or interpreting tests or diagnosing
or treating mental disorders, for which the licensee has
individual training and qualification; or
(h) Has been disciplined by a state mental health licensing
board or program in this or any other state for violation of
competency or conduct standards.
(2)(a) The board may reprimand or impose probation on a
licensee or a registered intern upon proof of any of the grounds
for discipline provided in subsection (1) of this section.
(b) If the board elects to place a licensee or a registered
intern on probation, the board may impose:
(A) Restrictions on the scope of practice of the licensee or
intern;
(B) Requirements for specific training;
(C) Supervision of the practice of the licensee or intern; or
(D) Other conditions the board finds necessary for the
protection of the public.
(3) The board may initiate action against persons violating any
provision of ORS 675.715 to 675.835 or any rules adopted by the
board.
(4) Pursuant to ORS 183.745, the board may impose a civil
penalty of not more than $2,500 for each ground for discipline
listed in subsection (1) of this section found by the board.
(5) Pursuant to ORS 183.745, the board may impose a civil
penalty of not more than $2,500 for each violation of or failure
to observe any limitation or condition imposed by the board on
the licensee's or registered intern's practice under subsection
(2) of this section.
{ + (6) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
{ - (6) - } { + (7) + } Information that the board obtains
as part of an investigation into licensee or applicant conduct or
as part of a contested case proceeding, consent order or
stipulated agreement involving licensee or applicant conduct is
confidential as provided under ORS 676.175.
{ - (7) - } { + (8) + } In addition to the actions
authorized by subsections (1) and (2) of this section, the board
may take such disciplinary action as the board in its discretion
finds proper, including but not limited to the assessment of the
costs of the disciplinary process.
SECTION 7. ORS 679.250 is amended to read:
679.250. The powers and duties of the Oregon Board of Dentistry
are as follows:
(1) To, during the month of April of each year, organize and
elect from its membership a president who shall hold office for
one year, or until the election and qualification of a successor.
(2) To authorize all necessary disbursements to carry out the
provisions of this chapter, including but not limited to, payment
for necessary supplies, office equipment, books and expenses for
the conduct of examinations, payment for legal and investigative
services rendered to the board, and such other expenditures as
are provided for in this chapter.
(3) To employ such inspectors, examiners, special agents,
investigators, clerical assistants, assistants and accountants as
are necessary for the investigation and prosecution of alleged
violations and the enforcement of this chapter and for such other
purposes as the board may require. Nothing in this chapter shall
be construed to prevent assistance being rendered by an employee
of the board in any hearing called by it. However, all
obligations for salaries and expenses incurred under this chapter
shall be paid from the fees accruing to the board under this
chapter and not otherwise.
(4)(a) To conduct examinations of applicants for license to
practice dentistry and dental hygiene at least twice in each
year.
(b) In conducting examinations for licensure, the board may
enter into a compact with other states for conducting regional
examinations with other board of dental examiners concerned, or
by a testing service recognized by such boards.
(5) To meet for the transaction of other business at the call
of the president. A majority of board members shall constitute a
quorum. A majority vote of those present shall be a decision of
the entire board. The board's proceedings shall be open to public
inspection in all matters affecting public interest.
(6) To keep an accurate record of all proceedings of the board
and of all its meetings, of all receipts and disbursements, of
all prosecutions for violation of this chapter, of all
examinations for license to practice dentistry, with the names
and qualifications for examination of any person examined,
together with the addresses of those licensed and the results of
such examinations, a record of the names of all persons licensed
to practice dentistry in Oregon together with the addresses of
all such persons having paid the license fee prescribed in ORS
679.120 and the names of all persons whose license to practice
has been revoked or suspended.
(7) To make and enforce rules necessary for the procedure of
the board, for the conduct of examinations, for regulating the
practice of dentistry, and for regulating the services of dental
hygienists and dental auxiliary personnel not inconsistent with
the provisions of this chapter. As part of such rules, the board
may require the procurement of a permit or other certificate. Any
permit issued may be subject to periodic renewal. In adopting
rules, the board shall take into account all relevant factors
germane to an orderly and fair administration of this chapter and
of ORS 680.010 to 680.205, the practices and materials generally
and currently used and accepted by persons licensed to practice
dentistry in this state, dental techniques commonly in use,
relevant technical reports published in recognized dental
journals, the curriculum at accredited dental schools, the
desirability of reasonable experimentation in the furtherance of
the dental arts, and the desirability of providing the highest
standard of dental care to the public consistent with the lowest
economic cost.
(8) Upon its own motion or upon any complaint, to initiate and
conduct investigations of and hearings on all matters relating to
the practice of dentistry, the discipline of licensees, or
pertaining to the enforcement of any provision of this chapter.
In the conduct of investigations or upon the hearing of any
matter of which the board may have jurisdiction, the board may
take evidence, administer oaths, take the depositions of
witnesses, including the person charged, in the manner provided
by law in civil cases, and compel their appearance before it in
person the same as in civil cases, by subpoena issued over the
signature of an employee of the board and in the name of the
people of the State of Oregon, require answers to
interrogatories, and compel the production of books, papers,
accounts, documents and testimony pertaining to the matter under
investigation or to the hearing. In all investigations and
hearings, the board and any person affected thereby may have the
benefit of counsel, and all hearings shall be held in compliance
with ORS chapter 183. Notwithstanding ORS 676.165, 676.175 and
679.320, if a licensee who is the subject of an investigation or
complaint is to appear before members of the board investigating
the complaint, the board shall provide the licensee with a
current summary of the complaint or the matter being investigated
not less than five days prior to the date that the licensee is to
appear. At the time the summary of the complaint or the matter
being investigated is provided, the board shall provide to the
licensee a current summary of documents or alleged facts that the
board has acquired as a result of the investigation. The name of
the complainant or other information that reasonably may be used
to identify the complainant may be withheld from the licensee.
(9) To require evidence as determined by rule of continuing
education or to require satisfactory evidence of operative
competency before reissuing or renewing licenses for the practice
of dentistry or dental hygiene.
(10) To adopt and enforce rules regulating administration of
general anesthesia and conscious sedation by a dentist or under
the supervision of a dentist in the office of the dentist. As
part of such rules, the board may require the procurement of a
permit which must be periodically renewed.
(11) To order an applicant or licensee to submit to a physical
examination, mental examination or a competency examination when
the board has evidence indicating the incapacity of the applicant
or licensee to practice safely.
{ + (12) To impose civil penalties as provided in section 1
of this 2011 Act. + }
SECTION 8. { + The Board of Examiners of Licensed Dietitians
may impose civil penalties as provided in section 1 of this 2011
Act. + }
SECTION 9. ORS 687.250 is amended to read:
687.250. (1) The State Board of Massage Therapists shall report
to the proper district attorney all cases that in the judgment of
the board warrant criminal prosecution under ORS 687.991.
(2) The board may, in its own name, assess a civil penalty
against any licensed or unlicensed person violating a provision
of ORS 687.011 to 687.250, 687.895 and 687.991. The board may
assess the civil penalty instead of or in addition to
disciplinary action under ORS 687.081, an injunction issued under
ORS 687.021 or criminal prosecution by the district attorney
under this section. The amount of the civil penalty may not
exceed $1,000 for any single violation.
{ + (3) The board may impose civil penalties as provided in
section 1 of this 2011 Act.
(4) + } Except as the board may otherwise provide under ORS
182.462 (5), moneys collected through the assessment of civil
penalties by the board under this { - subsection - }
{ + section + } or ORS 687.081 shall be deposited into the
account created by the board pursuant to ORS 182.470 and are
continuously appropriated to the board for carrying out the
provisions of ORS 687.011 to 687.250, 687.895 and 687.991.
SECTION 10. ORS 692.180 is amended to read:
692.180. (1) Upon complaint or upon its own motion, the State
Mortuary and Cemetery Board may investigate a complaint made by
any person or by the board. If the board finds any of the causes
described in this section in regard to any person, licensee or
applicant or the holder of a certificate of authority, the board
may impose a civil penalty of not more than $1,000 for each
violation, suspend or revoke a license to practice or to operate
under this chapter or refuse to grant or renew a license. The
causes are as follows:
(a) Misrepresentation in the conduct of business or in
obtaining a license.
(b) Fraudulent or dishonest conduct, when the conduct bears a
demonstrable relationship to funeral service practice, embalming
practice or the operation of cemeteries, crematoriums or other
facilities for final disposition of human remains.
(c) Except as provided in this paragraph, solicitation of human
remains by the licensee or any agent, assistant or employee of
the licensee, either before or after death. This paragraph does
not apply to:
(A) Activities permissible under ORS 97.923 to 97.949; or
(B) The sale, in accordance with provisions of the Insurance
Code, of prearranged funeral or cemetery merchandise or services,
or any combination thereof, to be funded by the contemporaneous
or subsequent assignment of a life insurance policy or an annuity
contract.
(d) Offensive treatment of dead human bodies or evidence that a
body in the person's custody has been disposed of in violation of
ORS chapter 432 or rules adopted pursuant thereto.
(e) Aiding or abetting a person who is not a licensee or an
apprentice in any act involving the disposition of dead human
bodies before the bodies undergo final disposition or before the
bodies are transported out of the State of Oregon.
(f) Sale or reuse of any casket or body container that has been
previously utilized for the placement of a deceased human body.
This does not include use of a rental cover as defined in ORS
692.010.
(g) Violation of any of the provisions of this chapter or any
rules adopted under this chapter.
(h) Violation of any provision of ORS 97.929 or 97.937 or
regulations adopted by the Federal Trade Commission regulating
funeral industry practices.
(i) Conviction of a crime, when the crime bears a demonstrable
relationship to funeral service practice, embalming practice,
death care consultant practice or the operation of cemeteries,
crematoriums or other facilities for final disposition of human
remains. A certified copy of the conviction is conclusive
evidence of the conviction.
(j) Violation of ORS chapter 97 as it relates to disposition of
human bodies and to cemeteries.
(k) Refusing to surrender promptly the custody of a dead human
body, upon the express order of the person lawfully entitled to
the custody of the body.
(L) Acting as the legal representative of any deceased person
for whom the licensee has rendered services governed by this
chapter. This subsection does not prohibit a licensee from acting
as the legal representative of a deceased relative or a deceased
licensee if the deceased licensee was a partner, employee or
employer in the licensee's practice.
(m) Failure to pay any civil penalty imposed by the board
within 10 days after the order is entered or, if appealed, within
10 days after the order is sustained on appeal.
(n) Impairment as defined in ORS 676.303.
{ + (2) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
{ - (2) - } { + (3) + } All amounts recovered under this
section shall be deposited in the State Mortuary and Cemetery
Board Account established under ORS 692.375.
{ - (3) - } { + (4) + } Civil penalties under this section
shall be imposed as provided in ORS 183.745.
{ - (4) - } { + (5) + } Upon receipt of a complaint, the
board shall conduct an investigation as described under ORS
676.165.
{ - (5) - } { + (6) + } Information that the board obtains
as part of an investigation into licensee or applicant conduct or
as part of a contested case proceeding, consent order or
stipulated agreement involving licensee or applicant conduct is
confidential as provided under ORS 676.175.
SECTION 11. ORS 685.990 is amended to read:
685.990. (1) Violation of any provision of this chapter is a
Class A misdemeanor.
(2) { - (a) - } In addition to any other sanctions authorized
by law, the Oregon Board of Naturopathic Medicine may impose a
civil penalty not to exceed $5,000 for each violation of any
provision of this chapter, or of any rule adopted by the board.
{ + (3) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
{ - (b) - } { + (4) + } Civil penalties imposed under this
{ - subsection - } { + section + } shall be imposed as
provided in ORS 183.745.
SECTION 12. ORS 678.117 is amended to read:
678.117. (1) { + (a) + } 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 to
678.445 or any rule of the board. No civil penalty shall exceed
$5,000.
{ - (2) - } { + (b) + } In imposing a penalty pursuant to
this { - section - } { + subsection + }, the board shall
consider the following factors:
{ - (a) - } { + (A) + } The past history of the person
incurring the penalty in observing the provisions of ORS 678.010
to 678.445 and the rules adopted pursuant thereto.
{ - (b) - } { + (B) + } The economic and financial
conditions of the person incurring the penalty.
{ + (2) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
(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.
(5) All penalties recovered under this section shall be
credited to the special account described in ORS 678.170.
SECTION 13. ORS 683.140 is amended to read:
683.140. (1) The Oregon Board of Optometry may discipline as
provided in { + subsection (2) of + } this section any
optometrist or person, where appropriate, for the following
causes:
(a) Conviction of a felony or misdemeanor where such an offense
bears a demonstrable relationship to the duties of an
optometrist. The record of conviction, or a certified copy
thereof certified by the clerk of the court or by the judge in
whose court the conviction is had, shall be conclusive evidence
of such conviction.
(b) Securing a license by practicing fraud or deceit upon the
board.
(c) Unprofessional conduct, or for gross ignorance or
inefficiency in the profession.
(d) Obtaining any fee by fraud or misrepresentation.
(e) Employing directly or indirectly any suspended or
unlicensed optometrist to perform any work covered by ORS 683.010
to 683.340.
(f) Advertising optometric services or treatment or advice in
which untruthful, improbable, misleading or deceitful statements
are made.
(g) Impairment as defined in ORS 676.303.
(h) Permitting another person to use the optometrist's license.
(i) Using advertisements that do not indicate that a licensed
optometrist is practicing at the advertised location or locations
or advertising optometric services without having a licensed
optometrist at the location or locations.
(j) Advertising professional methods or professional
superiority.
(k) Failing to comply with the requirements for continuing
education.
(L) Violating the federal Controlled Substances Act.
(m) Prescribing controlled substances without a legitimate
optometric purpose, or without following accepted procedures for
examination of patients or for record keeping.
(n) Failing to report to the board any adverse action taken
against the optometrist or person by another licensing
jurisdiction, health regulatory board, peer review body, health
care institution, professional optometric society or association,
governmental agency, law enforcement agency or court for acts
similar to conduct that would constitute grounds for disciplinary
action as described in this section.
(o) Having been disciplined by any health regulatory board of
another state based on acts similar to acts described in this
section. A certified copy of the record of disciplinary action of
the health regulatory board taking the disciplinary action is
considered conclusive evidence of the action.
(p) Any violation of the provisions of ORS 683.010 to 683.340.
(2) When disciplining an optometrist or other person as
authorized by subsection (1) of this section, the
{ - Oregon - } board
{ - of Optometry - } may do any or all of the following:
(a) Deny an initial license;
(b) Revoke, suspend or refuse to renew a license;
(c) Place the optometrist on probation;
(d) Impose limitations on the optometrist; or
(e) Take other disciplinary action as the board in its
discretion finds proper, including the assessment of the costs of
the disciplinary proceedings as a civil penalty or assessment of
a civil penalty not to exceed $10,000 for each violation, or
both.
{ + (3) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
SECTION 14. ORS 689.832 is amended to read:
689.832. (1) In addition to any other liability or penalty
provided by law, the State Board of Pharmacy may impose a civil
penalty for any violation of the provisions of this chapter or
ORS chapter 475 or any rule of the board. A civil penalty imposed
under this subsection may not exceed $1,000 for each violation by
an individual and $10,000 for each violation by a drug outlet.
{ + (2) The board may impose civil penalties as provided in
section 1 of this 2011 Act.
+ } { - (2) - } { + (3) + } All penalties recovered under
this section shall be deposited into the State Board of Pharmacy
Account established in ORS 689.139.
{ - (3) - } { + (4) + } Any civil penalty under this
section shall be imposed in the manner provided in ORS 183.745.
{ - (4) - } { + (5) + } Notwithstanding ORS 183.745, the
person to whom the notice is addressed shall have 10 days from
the date of service of the notice in which to make written
application for a hearing before the board.
SECTION 15. ORS 677.200 is amended to read:
677.200. Except as provided in ORS 677.202 or 677.205 (1)(a)
{ + or section 1 of this 2011 Act + }, any proceeding for
disciplinary action of a licensee licensed under this chapter
shall be substantially in accord with the following procedure:
(1) A written complaint of some person, not excluding members
or employees of the Oregon Medical Board, shall be verified and
filed with the board.
(2) A hearing shall be given to the accused in accordance with
ORS chapter 183 as a contested case.
SECTION 16. ORS 677.265 is amended to read:
677.265. In addition to any other powers granted by this
chapter, the Oregon Medical Board may:
(1) Adopt necessary and proper rules for administration of this
chapter including but not limited to:
(a) Establishing fees and charges to carry out its legal
responsibilities, subject to prior approval by the Oregon
Department of Administrative Services and a report to the
Emergency Board prior to adopting the fees and charges. The fees
and charges shall be within the budget authorized by the
Legislative Assembly as that budget may be modified by the
Emergency Board. The fees and charges established under this
section may not exceed the cost of administering the program or
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly for the Oregon Medical
Board's budget, or as modified by the Emergency Board or future
sessions of the Legislative Assembly.
(b) Establishing standards and tests to determine the moral,
intellectual, educational, scientific, technical and professional
qualifications required of applicants for licenses under this
chapter.
(c) Enforcing the provisions of this chapter and exercising
general supervision over the practice of medicine and podiatry
within this state. In determining whether to discipline a
licensee for a standard of care violation, the Oregon Medical
Board shall determine whether the licensee used that degree of
care, skill and diligence that is used by ordinarily careful
physicians or podiatric physicians and surgeons in the same or
similar circumstances in the community of the physician or
podiatric physician and surgeon or a similar community.
(2) Issue, deny, suspend and revoke licenses and limited
licenses, assess costs of proceedings and fines and place
licensees on probation as provided in this chapter.
(3) Use the gratuitous services and facilities of private
organizations to receive the assistance and recommendations of
the organizations in administering this chapter.
(4) Make its personnel and facilities available to other
regulatory agencies of this state, or other bodies interested in
the development and improvement of the practice of medicine or
podiatry in this state, upon terms and conditions for
reimbursement as are agreed to by the Oregon Medical Board and
the other agency or body.
(5) Appoint examiners, who need not be members of the Oregon
Medical Board, and employ or contract with the American Public
Health Association or the National Board of Medical Examiners or
other organizations, agencies and persons to prepare examination
questions and score examination papers.
(6) Determine the schools, colleges, universities, institutions
and training acceptable in connection with licensing under this
chapter. All residency, internship and other training programs
carried on in this state by any hospital, institution or medical
facility shall be subject to approval by the Oregon Medical
Board. The board shall accept the approval by the American
Osteopathic Association or the American Medical Association in
lieu of approval by the board.
(7) Prescribe the time, place, method, manner, scope and
subjects of examinations under this chapter.
(8) Prescribe all forms that it considers appropriate for the
purposes of this chapter, and require the submission of
photographs and relevant personal history data by applicants for
licensure under this chapter.
{ + (9) Impose civil penalties as provided in section 1 of
this 2011 Act. + }
{ - (9) - } { + (10) + } For the purpose of requesting a
state or nationwide criminal records check under ORS 181.534,
require the fingerprints of a person who is:
(a) Applying for a license that is issued by the board;
(b) Applying for renewal of a license that is issued by the
board; or
(c) Under investigation by the board.
{ - (10) - } { + (11) + } Administer oaths, issue notices
and subpoenas in the name of the board, enforce subpoenas in the
manner authorized by ORS 183.440, hold hearings and perform such
other acts as are reasonably necessary to carry out its duties
under this chapter.
SECTION 17. { + The Occupational Therapy Licensing Board may
impose civil penalties as provided in section 1 of this 2011
Act. + }
SECTION 18. ORS 675.337 is amended to read:
675.337. (1) After public hearing, the Occupational Therapy
Licensing Board by rule shall adopt a schedule establishing the
civil penalty that may be imposed under ORS 675.336.
{ + (2) Except when the board imposes a civil penalty under
section 1 of this 2011 Act:
(a) + } For a first violation of the provisions of ORS 675.210
to 675.340, the board shall issue a warning notice.
{ + (b) + } The board may impose a fine of not to exceed $200
on a second violation { - and - } { + .
(c) The board + } may impose a fine of not to exceed $1,000
upon third and subsequent violations.
{ - (2) - } { + (3) + } In imposing a penalty pursuant to
the schedule adopted pursuant to subsection (1) of this section,
the board shall consider the following factors:
(a) The past history of the person incurring a penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
(b) Any prior violations of the statute or rule.
(c) The economic or financial conditions of the person
incurring the penalty.
(d) The immediacy and extent to which the violation threatens
the public health or safety.
{ - (3) - } { + (4) + } A civil penalty imposed under ORS
675.336 may be remitted or reduced upon such terms or conditions
as the board considers proper and consistent with the public
health and safety.
SECTION 19. ORS 688.140 is amended to read:
688.140. (1) The Physical Therapist Licensing Board, after
notice and hearing as provided in ORS 688.145, may impose any or
all of the following sanctions or take any of the following
actions upon any of the grounds specified in subsection (2) of
this section:
(a) Refuse to license any applicant.
(b) Refuse to renew the license of any physical therapist or
physical therapist assistant.
(c) Suspend or revoke the license of any physical therapist or
physical therapist assistant.
(d) Suspend or revoke a temporary permit issued under ORS
688.110.
(e) Impose a civil penalty not to exceed $5,000.
(f) Impose probation with authority to limit or restrict a
license.
(g) Impose conditions, restrictions or limitations on practice.
(h) Issue letters of reprimand.
(i) Impose any other appropriate sanction, including assessment
of the reasonable costs of a proceeding under ORS 688.145 as a
civil penalty. Costs include, but are not limited to, the costs
of investigation, attorney fees, hearing officer costs and the
costs of discovery.
(2) Grounds exist for the imposition of sanctions as specified
in subsection (1) of this section when a person:
(a) Violates any provision of ORS 688.010 to 688.201, board
rules or a written order from the board.
(b) Practices or offers to practice beyond the scope of
practice of physical therapy.
(c) Obtains or attempts to obtain or renew a license or
temporary permit by fraud or misrepresentation.
(d) Provides substandard care as a physical therapist through a
deliberate or negligent act or failure to act, regardless of
whether injury to the patient occurs.
(e) Provides substandard care as a physical therapist assistant
by exceeding the authority to perform components of physical
therapy interventions selected by the supervising physical
therapist or through a deliberate or negligent act or failure to
act, regardless of whether injury to the patient occurs.
(f) Fails as a physical therapist to supervise physical
therapist assistants in accordance with board rules.
(g) Fails as a physical therapist or physical therapist
assistant to supervise physical therapist aides in accordance
with board rules.
(h) Subject to the provisions of ORS 670.280, has been
convicted of a crime in Oregon or any other state, territory or
country. For purposes of this paragraph, conviction includes a
verdict of guilty, a plea of guilty or a plea of no contest.
(i) Has an impairment as defined in ORS 676.303.
(j) Has had an application for licensure refused because of
conduct or circumstances that would be grounds for sanctions by
the board, or a license revoked or suspended, or other
disciplinary action taken by the proper authorities of another
state, territory or country.
(k) Engages in sexual misconduct. For purposes of this
paragraph, sexual misconduct includes but is not limited to:
(A) Engaging in sexual conduct or soliciting a sexual
relationship with a current patient, whether consensual or
nonconsensual.
(B) Intentionally exposing or viewing a completely or partially
disrobed patient in the course of treatment if the exposure or
viewing is not related to patient diagnosis or treatment under
current practice standards.
(L) Directly or indirectly requests, receives, pays or
participates in dividing, transferring or assigning an unearned
fee or profits by a means of a credit or other valuable
consideration such as an unearned commission, discount or
gratuity in connection with the furnishing of physical therapy
services. This paragraph does not prohibit the members of any
regularly and properly organized business entity recognized by
law and comprised of physical therapists from dividing fees
received for professional services among themselves as they
determine.
(m) Fails to adhere to the standards of ethics of the physical
therapy profession established by board rule.
(n) Obtains or attempts to obtain a fee for physical therapy
services by fraud or misrepresentation.
(o) Makes misleading, deceptive or fraudulent representations
in the course of providing physical therapy services.
(p) Fails to report to the board, when the person has direct
knowledge of an unprofessional, incompetent or illegal act that
reasonably appears to be in violation of ORS 688.010 to 688.201
or any rules of the board.
(q) Interferes with an investigation or disciplinary proceeding
of the board.
(r) Aids or abets a person who is not licensed in this state to
practice physical therapy.
(s) Fails to maintain adequate patient records.
(t) Fails to maintain patient confidentiality.
(u) Provides treatment intervention that is not warranted by
the patient's condition or continues treatment beyond the point
of reasonable benefit to the patient.
(v) Provides physical therapy services or participates in
physical therapy services solely for reasons of personal or
institutional financial gain.
(w) Aids or causes another person, directly or indirectly, to
violate ORS 688.010 to 688.201 or rules of the board,
fraudulently uses or permits the use of a license number in any
way, or acts with the intent to violate ORS 688.010 to 688.201 or
rules of the board.
(3) To enforce the provisions of this section, the board is
authorized to initiate an investigation and take the following
actions:
(a) Receive complaints filed against persons and conduct timely
investigations.
(b) Initiate its own investigation if the board has reason to
believe that there may have been a violation of ORS 688.010 to
688.201.
(c) Issue a subpoena to compel the attendance of any witness or
the production of any documentation relating to a matter under
investigation. In addition to the board, the executive director
or the executive director's designee may issue a subpoena. When
the board, in the course of an investigation, requires the
production of patient records for inspection and copying by
subpoena, or otherwise, the records shall be produced without
regard to whether patient consent has been obtained and without
regard to any claim of confidentiality or privilege.
(d) Take the deposition of a witness, including a physical
therapist or physical therapist assistant being investigated, in
the manner provided by law in civil cases.
(e) Take emergency action to suspend a person's license or
restrict the person's practice or employment pending proceedings
by the board.
(f) Report to the appropriate district attorney all cases that,
in the judgment of the board, warrant prosecution.
(g) Require a person to undergo a mental, physical, chemical
dependency or competency evaluation at the person's expense when
the board has objectively reasonable grounds to believe that the
person is or may be unable to practice physical therapy with
reasonable skill and safety, with the results being reported to
the board. The report shall not be disclosed to the public but
may be received into evidence in a proceeding between the board
and the person when the mental, physical, chemical dependency or
competency of the person is at issue, notwithstanding any claim
of privilege by the person.
(4) If the board finds that the information received in a
complaint or an investigation does not merit disciplinary action
against a person, nondisciplinary actions may ensue. The board
may then take the following actions:
(a) Dismiss the complaint.
(b) Issue a confidential advisory letter to the person that is
nondisciplinary and that notifies the physical therapist or
physical therapist assistant that certain conduct or practices
must be modified or eliminated.
{ + (5) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
{ - (5) - } { + (6) + } The board may apply for injunctive
relief in any court of competent jurisdiction to enjoin any
person from committing any act in violation of ORS 688.010 to
688.201. Injunction proceedings are in addition to, and not in
lieu of, penalties or other sanctions prescribed in ORS 688.010
to 688.201.
SECTION 20. ORS 675.070 is amended to read:
675.070. (1) Where any of the grounds enumerated in subsection
(2) of this section exist, the State Board of Psychologist
Examiners may impose any of the following sanctions:
(a) Deny a license to any applicant;
(b) Refuse to renew the license of any psychologist or
psychologist associate;
(c) Suspend the license of any psychologist or psychologist
associate for a period of not less than one year;
(d) Issue a letter of reprimand;
(e) Impose probation with authority to restrict the scope of
practice of a psychologist or psychologist associate or require
practice under supervision;
(f) Revoke the license of any psychologist or psychologist
associate; or
(g) Impose a civil penalty as set forth in subsection (3) of
this section.
(2) Grounds exist for imposition of any of the sanctions
enumerated in subsection (1) of this section against any
psychologist or psychologist associate or applicant, or, where
applicable, any unlicensed person found in violation of ORS
675.010 to 675.150, when, in the judgment of the board, the
person:
(a) Has an impairment as defined in ORS 676.303;
(b) Has been convicted of violation of any law relating to
controlled substances;
(c) Has been convicted of any felony or of any misdemeanor
involving moral turpitude;
(d) Is guilty of immoral or unprofessional conduct or of gross
negligence in the practice of psychology which includes but is
not limited to:
(A) Any conduct or practice contrary to recognized standard of
ethics of the psychological profession or any conduct or practice
that constitutes a danger to the health or safety of a patient or
the public, or any conduct, practice or condition that adversely
affects a psychologist or psychologist associate's ability to
practice psychology safely and skillfully.
(B) Willful ordering or performing of unnecessary tests or
studies, administration of unnecessary treatment, failure to
obtain consultations or perform referrals when failing to do so
is not consistent with the standard of care, or otherwise
ordering or performing any psychological service or treatment
which is contrary to recognized standards of practice of the
psychological profession;
(e) Has practiced or attempted to practice medicine without
being licensed to do so;
(f) Has obtained or attempted to obtain a license under ORS
675.010 to 675.150 by fraud or material misrepresentation;
(g) Has impersonated a licensed psychologist or psychologist
associate or has allowed another person to use the license of the
psychologist;
(h) Has violated any provision of ORS 675.010 to 675.150 or any
provision of the code of professional conduct formulated under
ORS 675.110 (12); or
(i) Has obtained a fee or payment from a patient or third party
payer through fraud or intentional misrepresentation.
(3) The board may impose a civil penalty under subsection (1)
of this section:
(a) In an amount not to exceed $5,000; or
(b) In an amount not to exceed $10,000, if any of the following
conditions exist:
(A) The conduct giving rise to the penalty had a serious
detrimental effect on the health or safety of another person;
(B) The person subject to the penalty has a history of
discipline for the same or similar conduct;
(C) The conduct giving rise to the penalty involves a willful
or reckless disregard of the law;
(D) The conduct giving rise to the penalty was perpetrated
against a minor, an elderly person or a person with a disability;
or
(E) The person subject to the penalty violated ORS 675.020 by
practicing psychology or representing that the person is a
psychologist without having a license.
(4) In case of any conviction required under subsection (2) of
this section as grounds for denial, refusal, suspension,
revocation, reprimand, probation or imposition of a civil
penalty, a certified copy of the record of the conviction shall
be conclusive evidence.
{ + (5) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
{ - (5) - } { + (6) + } The board may license an applicant
or renew or restore any license suspended or revoked under
subsection (2)(a) of this section due to a mental health
condition if the board determines that the applicant or former
licensed psychologist or former psychologist associate no longer
has an impairment due to a mental health condition.
{ - (6) - } { + (7) + } License suspension or revocation in
another state is grounds for license denial or disciplinary
action by the board.
SECTION 21. ORS 688.915 is amended to read:
688.915. (1) In addition to any other sanction authorized by
law, the Board of Medical Imaging may impose a civil penalty not
to exceed $1,000 per occurrence for any violation of ORS 688.405
to 688.605, or of any rules adopted under those provisions. The
penalty may be imposed whether or not the person incurring the
penalty has been licensed or been issued a permit under ORS
688.405 to 688.605, or has made application for a license or
permit under those sections. A civil penalty may be imposed in
lieu of a refusal to grant or renew a license or permit, or a
suspension or revocation of a license or permit, under ORS
688.525.
{ + (2) The board may impose civil penalties as provided in
section 1 of this 2011 Act. + }
{ - (2) - } { + (3) + } Civil penalties under this section
shall be imposed in the manner provided by ORS 183.745.
{ - (3) - } { + (4) + } All penalties recovered under this
section shall be credited to the Board of Medical Imaging Account
established under ORS 688.585.
SECTION 22. ORS 686.990 is amended to read:
686.990. (1) Violation of ORS 686.020 (1)(a) is a Class A
misdemeanor.
{ + (2) The Oregon State Veterinary Medical Examining Board
may impose civil penalties as provided in section 1 of this 2011
Act. + }
{ - (2) - } { + (3) + } In addition to any other sanction
imposed by law, the { - Oregon State Veterinary Medical
Examining - } board may impose a civil penalty not to exceed
$5,000 for each violation of ORS 686.020 (1).
{ - (3) - } { + (4) + } Failure to file a report of
suspected aggravated animal abuse as required by ORS 686.455 is
punishable by a fine of not more than $1,000.
SECTION 23. ORS 686.450 is amended to read:
686.450. As used in ORS 686.450 to 686.465 and 686.990
{ - (3) - } :
(1)(a) 'Aggravated animal abuse' means any animal abuse as
described in ORS 167.322.
(b) 'Aggravated animal abuse' does not include:
(A) Good animal husbandry, as defined in ORS 167.310; or
(B) Any exemption listed in ORS 167.335.
(2) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A law enforcement division of a humane society in Oregon
that employs special agents authorized under ORS 131.805.
(e) A law enforcement division of a county or municipal animal
control agency that employs sworn officers.
(3) 'Veterinarian' means a person licensed to practice
veterinary medicine under ORS chapter 686.
SECTION 24. ORS 682.991 is amended to read:
682.991. (1) Violation of any provision of ORS 682.028, 682.047
(5) or 682.204 is a Class A misdemeanor. Each day of continuing
violation shall be considered a separate offense.
(2) Violation of any provision of this chapter is a
misdemeanor. In any prosecution for such violation it shall be
sufficient to sustain a conviction to show a single act of
conduct in violation of any of the provisions of this chapter and
it shall not be necessary to show a general course of such
conduct.
(3) In addition to the penalties under this section, the Oregon
Health Authority may assess civil penalties of up to $5,000 per
violation against any entity or person licensed under this
chapter or subject to licensure under this chapter.
{ + (4) The authority may impose civil penalties as provided
in section 1 of this 2011 Act. + }
SECTION 25. ORS 676.992 is amended to read:
676.992. (1) Except as provided in subsection (3) of this
section, and in addition to any other penalty or remedy provided
by law, the Oregon Health Licensing Agency may impose a civil
penalty not to exceed $5,000 for each violation of the following
statutes and any rule adopted thereunder:
(a) ORS 688.701 to 688.734 (athletic training);
(b) ORS 690.500 to 690.570 (body piercing);
(c) ORS 690.005 to 690.235 (cosmetology);
(d) ORS 680.500 to 680.565 (denture technology);
(e) ORS 687.405 to 687.495 (direct entry midwifery);
(f) ORS 690.350 to 690.430 (electrology and permanent coloring
or tattooing);
(g) ORS 694.015 to 694.185 (dealing in hearing aids);
(h) ORS 688.800 to 688.840 (respiratory therapy);
(i) ORS chapter 700 (environmental sanitation);
(j) ORS 676.617 (single facility licensure);
(k) ORS 675.360 to 675.410 (sex offender treatment);
(L) ORS 678.710 to 678.820 (nursing home administrators); and
(m) ORS 676.612 (prohibited acts).
(2) The agency may take any other disciplinary action that it
finds proper, including but not limited to assessment of costs of
disciplinary proceedings, not to exceed $5,000, for violation of
any statute listed in subsection (1) of this section or any rule
adopted under any statute listed in subsection (1) of this
section.
(3) Subsection (1) of this section does not limit the amount of
the civil penalty resulting from a violation of ORS 694.042.
(4) In imposing a civil penalty pursuant to { + subsection (1)
of + } this section, the agency shall consider the following
factors:
(a) The immediacy and extent to which the violation threatens
the public health or safety;
(b) Any prior violations of statutes, rules or orders;
(c) The history of the person incurring a penalty in taking all
feasible steps to correct any violation; and
(d) Any other aggravating or mitigating factors.
{ + (5) The agency may impose civil penalties as provided in
section 1 of this 2011 Act. + }
{ - (5) - } { + (6) + } Civil penalties under this section
shall be imposed as provided in ORS 183.745.
{ - (6) - } { + (7) + } The moneys received by the agency
from civil penalties under this section shall be paid into the
General Fund of the State Treasury and credited to the Oregon
Health Licensing Agency Account established under ORS 676.625.
Such moneys are continuously appropriated to the agency for the
administration and enforcement of the laws the agency is charged
with administering and enforcing that govern the person against
whom the penalty was imposed.
SECTION 26. { + Sections 1, 8 and 17 of this 2011 Act and the
amendments to ORS 675.070, 675.337, 675.540, 675.745, 676.175,
676.992, 677.200, 677.265, 678.117, 679.250, 681.490, 682.991,
683.140, 684.155, 685.990, 686.450, 686.990, 687.250, 688.140,
688.915, 689.832 and 692.180 by sections 2 to 7, 9 to 16 and 18
to 25 of this 2011 Act apply to violations that occur on or after
the effective date of this 2011 Act. + }
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