(1) The Department of Human Services shall annually inspect the kitchen of a facility and other areas where food is prepared for residents. In a year when the department is required by law to conduct a survey, the department shall conduct the inspection as part of the survey. The inspection must be conducted by an individual who has training and expertise in food sanitation. For an inspection not conducted as part of a legally required survey, the department may charge the inspected facility a fee of up to $200.

(2) The department or the Oregon Health Authority may not deny or delay a license or refuse to renew a license:

(a) For a facility’s first failure to pass an inspection; or

(b) If the department fails to conduct an inspection in a timely manner.

(3) Any fees collected by the department under this section shall be deposited into the Quality Care Fund established in ORS § 443.001 and are continuously appropriated to the department for conducting inspections described in subsection (1) of this section. [2019 c.592 § 2]

443.417 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 443 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.