(1) Following the receipt of a complaint and completion of an investigation described in ORS § 441.791, for a violation described in subsection (2) of this section, the Oregon Health Authority shall:

(a) Issue a warning for the first violation in a four-year period;

(b) Impose a civil penalty of $1,750 for the second violation of the same provision in a four-year period;

(c) Impose a civil penalty of $2,500 for the third violation of the same provision in a four-year period; and

(d) Impose a civil penalty of $5,000 for the fourth and subsequent violations of the same provision in a four-year period.

(2) The authority shall take the actions described in subsection (1) of this section for the following violations by a hospital of ORS § 441.761 to 441.795:

(a) Failure to establish a hospital professional and technical staffing committee or a hospital service staffing committee;

(b) Failure to create a professional and technical staffing plan or a hospital service staffing plan;

(c) Failure to adopt a nurse staffing plan by agreement or after binding arbitration;

(d) Failure to comply with the staffing level in the nurse staffing plan, including the nurse-to-patient staffing ratios prescribed in ORS § 441.765, if applicable, and the failure to comply is not an allowed deviation described in ORS § 441.765 (6);

(e) Failure to comply with the staffing level in the professional and technical staffing plan or the hospital service staffing plan and the failure to comply is not an allowed deviation as described in ORS § 441.775 (12) or 441.776 (12);

(f) Failure to comply with the staffing requirements for certified nursing assistants in ORS § 441.768 and the failure is not an allowed deviation under ORS § 441.776 (12); or

(g) Requiring a nursing staff, except as allowed by ORS § 441.770, to work:

(A) Beyond an agreed-upon prearranged shift regardless of the length of the shift;

(B) More than 48 hours in any hospital-defined work week;

(C) More than 12 hours in a 24-hour period; or

(D) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.

(3) If a staff person at a hospital is unable to attend a staffing committee meeting because the staff person was not released from other hospital duties to attend the meeting, in violation of ORS § 441.762 (9), 441.775 (10) or 441.776 (10), the authority shall:

(a) Issue a warning for the first violation; and

(b) Impose a civil penalty of $500 for a second and each subsequent violation.

(4) A direct care staff person, a hospital professional or technical staff person or a hospital service staff person, or an exclusive representative of a direct care staff person, a hospital professional or technical staff person or a hospital service staff person, may elect to enforce meal break and rest break violations under ORS § 653.261 by filing a complaint with the authority in accordance with ORS § 441.791. [2023 c.507 § 20]

441.792 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.