(1)(a) In addition to any other liability or penalty provided by law, the Director of Human Services may impose a civil penalty on a person pursuant to ORS § 441.731 for any of the following:

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(A) Violation of any of the terms or conditions of a license issued under ORS § 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342, 442.344 and 442.400 to 442.463 for a long term care facility, as defined in ORS § 442.015.

(B) Violation of ORS § 441.630 to 441.680.

(C) Violation of any rule or general order of the Department of Human Services that pertains to a long term care facility.

(D) Violation of any final order of the director that pertains specifically to the long term care facility owned or operated by the person incurring the penalty.

(E) Violation of ORS § 441.605 or of rules required to be adopted under ORS § 441.610.

(F) Violation of ORS § 443.880 or 443.881 if the facility is a residential care facility.

(b) In addition to any other liability or penalty provided by law, the director may impose a civil penalty on a residential training facility or residential training home for violation of ORS § 443.880 or 443.881. The director shall prescribe a reasonable time for elimination of a violation by a residential training facility or residential training home:

(A) Not to exceed 30 days after first notice of a violation; or

(B) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director.

(2) In addition to any other liability or penalty provided by law, the Director of the Oregon Health Authority may impose a civil penalty on a person for a violation of ORS § 443.880 or 443.881 if the facility is a residential treatment facility or a residential treatment home.

(3) The Director of Human Services may not impose a penalty under subsection (1) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS § 441.605 or 443.880 or 443.881 or of the rules required to be adopted by ORS § 441.610 unless a violation is found on two consecutive surveys of a long term care facility.

(4) The Director of the Oregon Health Authority may not impose a penalty under subsection (2) of this section for violations other than those involving direct patient care or feeding, an adequate staff to patient ratio, sanitation involving direct patient care or a violation of ORS § 443.880 or 443.881. The director in every case shall prescribe a reasonable time for elimination of a violation:

(a) Not to exceed 30 days after first notice of a violation; or

(b) In cases where the violation requires more than 30 days to correct, such time as is specified in a plan of correction found acceptable by the director. [1975 c.328 § 1; 1977 c.261 § 8; 1979 c.261 § 8; 1983 c.740 § 159; 1987 c.428 § 36; 1991 c.413 § 4; 2009 c.595 § 739; 2011 c.9 § 61; 2017 c.679 § 7]

See note under 441.705.