OAR 333-077-0240: Informal Enforcement

(1) If, during an investigation or survey Oregon Health Authority (Authority) staff document violations of birthing center licensing laws, the Authority may issue a statement of deficiencies that cites the law alleged to have been violated and the facts supporting the allegation. (2) Upon receipt of a statement of deficiencies, a birthing center shall be provided an opportunity to dispute the Authority's survey findings but must still comply with sections (3) and (4) of this rule. (a) If a birthing center desires an informal conference to dispute the Authority's survey findings, the birthing center shall advise the Authority in writing within 10 business days after receipt of the statement of deficiencies. The written request must include a detailed explanation of why the birthing center believes the statement of deficiencies is incorrect. (b) A birthing center may not seek a delay of any enforcement action against it on the grounds the informal dispute resolution has not been completed. (c) If a birthing center is successful in demonstrating the deficiencies should not have been cited, the Authority shall reissue the statement of deficiencies, removing such deficiencies and rescinding or modifying any remedies issued for such deficiencies. The reissued statement of deficiencies shall state that it supersedes the previous statement of deficiencies and shall clearly identify the date of the superseded statement of deficiencies. (3) A signed plan of correction must be received by the Authority within 10 business days from the date the statement of deficiencies was mailed to the birthing center. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the statement of deficiencies. (4) A birthing center shall correct all deficiencies within 60 days from the date of the exit conference, unless an extension of time is requested and granted from the Authority. A request for such an extension shall be submitted in writing and must accompany the plan of correction. (5) The Authority shall determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority, the Authority shall notify the birthing center administrator or the administrator's designee in writing and request that the plan of correction be modified and resubmitted no later than 10 working days from the date the letter of non-acceptance was mailed to the administrator. (6) If the birthing center does not come into compliance by the date of correction reflected on the plan of correction or 60 days from date of the exit conference, whichever is sooner, the Authority may propose to deny, suspend, or revoke the birthing center license, or impose civil penalties in accordance with ORS chapter 183.