OAR 851-001-0009: Imposition of Civil Penalties

Imposition of a civil penalty does not preclude disciplinary sanction against the license or certificate holder and disciplinary sanction against the license or certificate does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same offense. (1) The Board will consider factors listed in ORS 678.117(2) when determining the amount of civil penalty to be imposed and per ORS 678.117(1), no single violation civil penalty shall exceed $5000. (2) A civil penalty of up to $100 per day of occurrence may be assessed for: (a) Practicing as a Licensed Practical Nurse (LPN), Registered Nurse (RN), Nurse Practitioner (NP), Certified Registered Nurse Anesthetist (CRNA), Clinical Nurse Specialist (CNS), Certified Nursing Assistant (CNA), Certified Medication Aide (CMA) without a current license, certificate or Board required concurrent national certification; or prescribing, dispensing, or distributing drugs without current prescription writing authority, due to failure to renew and continuing to practice. (b) Using a limited license to practice nursing for other than its intended purpose. (c) Practicing nursing prior to obtaining an Oregon license by examination or endorsement unless authorized by ORS 678.031(7) and OAR 851-001-0145. (d) Unlicensed practice pursuant including using an expired limited license to ORS 678.021. (3) A civil penalty of a minimum $500 to a maximum of $5000 per violation may be assessed for any of the following: (a) Conduct derogatory to the standards of nursing or conduct unbecoming a Nursing Assistant. (b) Violation of any disciplinary sanction imposed by the Board. (c) Conviction of a crime that relates adversely to the practice of nursing or the ability to practice safely. (d) Gross incompetence in the practice of nursing or authorized duties of a CNA, including duties while working as a CNA. (e) Gross negligence in the practice of nursing or the authorized duties being a CNA, including duties while working as a CMA. (f) Employing any person without a current Oregon LPN, RN or CRNA, NP or CNS license to function as an LPN, RN, CRNA, NP or CNS subject to the following conditions: (A) Knowingly hiring an individual in a position of an LPN, RN, NP, CRNA or CNS when the individual does not have a current, valid Oregon license for the position hired, or (B) Allowing an individual to continue practicing as an LPN, RN, NP, CRNA or CNS knowing that the individual does not have a current, valid Oregon license for the position hired. (C) For CNA and CMA the employer is subject to Oregon Department of Human Services (ODHS) penalties. The Board will notify ODHS of any violation that becomes known to the Board. (g) Employing an LPN, RN, NP, CRNA, CNS, CNA, or CMA without a procedure in place for checking the status of an active Oregon license or certificate. (h) Supplying false information regarding conviction of a crime, discipline in another state, physical or mental illness/physical handicap, or meeting the practice requirement on an application for initial licensure or re-licensure, or certification or recertification. (i) Precepting nursing student in an Advanced Practice program without verifying their appropriate licensure, registration, or certification.