(1) The Oregon Health Authority shall impose civil penalties in the manner provided in ORS § 183.745 for a violation listed in ORS § 441.792.

(2) The authority may suspend or revoke the license of a hospital, in the manner provided in ORS § 441.030, for a violation described in ORS § 441.792.

(3) Each violation of a written hospital-wide staffing plan shall be considered a separate violation and there is no cap on the times that a penalty may be imposed for a repeat of a violation.

(4) The authority may not impose a civil penalty for a violation of a nurse staffing plan, a hospital professional and technical staffing plan or a hospital service staffing plan if the hospital took the following actions:

(a) Scheduled staff in accordance with the staffing plan;

(b) Sought volunteers from all available qualified employees to work extra time;

(c) Contacted qualified employees who made themselves available to work extra time;

(d) Solicited per diem staff to work; and

(e) Contacted contracted temporary agencies, that the hospital regularly uses, if temporary staff from such agencies are permitted to work in the hospital by law or any applicable collective bargaining agreement.

(5) The authority shall maintain for public inspection records of any civil penalties or license suspensions or revocations imposed on hospitals penalized under subsection (1) or (2) of this section. [Formerly 441.175]

See note under 441.761.

(Rulemaking)