ORS 676.992: Civil penalties.

(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 health); (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); (s) ORS 676.750 to 676.789 (signed language interpretation); and (t) ORS 679.700 to 679.720 (dental laboratories). (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; 2025 c.199 §16; 2025 c.624 §22] 676.992. (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 health); (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. _______________