(1) Except as provided in subsection (3) of this section, and in addition to any other penalty or remedy provided by law, the Health Licensing Office may impose a civil penalty not to exceed $5,000 for each violation of the following statutes and any rule adopted under the following statutes:

(a) ORS § 688.701 to 688.734 (athletic training);

(b) ORS § 690.005 to 690.225 (cosmetology);

(c) ORS § 680.500 to 680.565 (denture technology);

(d) Subject to ORS § 676.616 and 687.445, ORS § 687.405 to 687.495 (direct entry midwifery);

(e) ORS § 690.350 to 690.410 (tattooing, electrolysis, body piercing, earlobe piercing, dermal implanting and scarification);

(f) ORS § 694.015 to 694.170 (dealing in hearing aids);

(g) ORS § 688.800 to 688.840 (respiratory therapy and polysomnography);

(h) ORS Chapter 700 (environmental sanitation);

(i) ORS § 675.365 to 675.410 (sexual abuse specific treatment);

(j) ORS § 678.710 to 678.820 (nursing home administrators and residential care facility administrators);

(k) ORS § 691.405 to 691.485 (dietitians);

(L) ORS § 676.612 (prohibited acts);

(m) ORS § 676.802 to 676.830 (applied behavior analysis);

(n) ORS § 681.700 to 681.730 (music therapy);

(o) ORS § 676.630 to 676.660 (advanced nonablative esthetics procedure);

(p) ORS § 681.740 to 681.758 (art therapy);

(q) ORS § 676.665 to 676.689 (lactation consultation);

(r) ORS § 676.730 to 676.748 (genetic counseling); and

(s) ORS § 676.750 to 676.789 (signed language interpretation).

(2) The office 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 under this section, the office 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) Civil penalties under this section shall be imposed as provided in ORS § 183.745.

(6) The moneys received by the office from civil penalties under this section shall be deposited in the Health Licensing Office Account and are continuously appropriated to the office for the administration and enforcement of the laws the office is charged with administering and enforcing that govern the person against whom the penalty was imposed. [2003 c.547 § 4; 2005 c.648 § 14; 2007 c.841 § 17; 2009 c.701 § 17; 2009 c.768 § 31; 2011 c.346 § 31; 2011 c.630 § 20; 2011 c.715 § 21; 2013 c.82 § 5; 2013 c.314 § 17; 2013 c.568 § 33; 2013 c.657 § 10; 2013 c.771 § 17; 2015 c.632 § 6; 2015 c.674 § 16; 2015 c.722 § 11; 2017 c.155 § 13; 2017 c.421 § 9; 2017 c.499 § 20; 2018 c.61 § 25; 2021 c.231 § 14; 2023 c.414 § 26; 2023 c.500 § 5]