OAR 850-050-0120: Board Discipline

(1) Discipline for violations may include a letter of reprimand, civil penalty, probation, license limitations, license suspension, and license revocation. (2) Discipline proposed by the Board may increase in severity if there are aggravating circumstances. Discipline may decrease in severity if there are mitigating circumstances. (a) Aggravating circumstances include, but are not limited to, the following: (A) The same or similar violation has occurred more than once; (B) The violation occurred or was repeated over a significant length of time; (C) The licensee has previously been disciplined by the Board or in another jurisdiction; (D) The violation was deliberate or grossly negligent; (E) The licensee received some benefit from committing the violation; (F) Conduct that created a reasonable probability of causing patient or public harm, whether or not harm occurred. (b) Mitigating circumstances include but are not limited to; taking remediation action prior to or during the investigation related to the subject matter of the complaint. (3) Probation may be imposed when the circumstances indicate that future monitoring, training, or other follow-up is necessary or appropriate. Probation conditions may include: (a) Completion of an approved treatment program when a licensee is alleged to engage in habitual or excessive use of drugs or alcohol. (b) Continuing education or additional training may be imposed when the circumstances indicate that further education or training is merited to prevent a recurrence of the violation. (c) Practice restrictions or practice limitations may be imposed when circumstances indicate restrictions or limitations are merited to protect patient and public safety (d) Additional requirements when the circumstances indicate those requirements are merited to protect patient and public safety