Or. Admin. Code § 333-275-0160

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-275-0160 - Disciplinary Action and Civil Penalty

(1) When a CHDT has admitted the facts of a complaint alleging the CHDT is in violation of one or more of the grounds for denying, suspending or revoking a certificate as listed in OAR 333-275-0150 or been found to have committed in accordance with ORS 183.310 to 183.550 of one or more of the grounds for denying, suspending or revoking a certificate as listed in OAR 333-275-0150; the Public Health Division may take one or more of the following actions:

(a) Place the CHDT on probation;

(b) Suspend the CHDT's certificate;

(c) Revoke the CHDT's certificate;

(d) Place limitations on the ability of the CHDT to practice hemodialysis in Oregon;

(e) Assess the cost of disciplinary proceedings, not to exceed $1,000, as a civil penalty;

(f) Assess a civil penalty not to exceed $1,000.

(2) The Public Public Health Division may temporarily suspend the CHDT's certificate without a hearing while simultaneously commencing proceedings under ORS 183.310 to 183.550 after receiving evidence that indicates that the continued practice of the CHDT constitutes an immediate danger to the public.

(3) A civil penalty not to exceed $1,000 may be imposed as provided in ORS 183.090, in addition to disciplinary action against the CHDT's certificate. Disciplinary action against the CHDT certificate does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same conduct.

(4) The civil penalty shall be payable to the Division by cash, cashier's check or money order.

(5) Civil penalties may be imposed pursuant to ORS 183.090 according to the following schedule:

(a) Conviction of a criminal offense as defined in 333-275-0040 that relates to the fitness of the CHDT to practice hemodialysis - $100-$1000.

(b) Gross negligence or repeated negligence in rendering hemodialysis - $500-$1000.

(c) Use of any controlled substance or intoxicating liquor to an extent or in a manner injurious to the certificate holder or others or to an extent that such impairs the ability to conduct safely the duties of a CHDT - $250-$1000.

(d) The CHDT has been found to have committed dishonorable conduct - $100-$1000.

Or. Admin. Code § 333-275-0160

OHD 2-2001, f. & cert. ef. 1-18-01; PH 13-2023, amend filed 03/13/2023, effective 7/1/2023

Statutory/Other Authority: ORS 688.625 - 688.665

Statutes/Other Implemented: ORS 688.660