Or. Admin. Code § 817-090-0035

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

Section 817-090-0035 - Schedule of Penalties for Practitioner Violations

The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of practitioner licensing laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS 676.992. For the 4th and subsequent offenses, the provisions of ORS 676.992 apply.

(1) Performing, attempting to perform, or purporting to perform services in a field of practice without proper certification, freelance authorization, temporary practitioner registration or demonstration permit is a violation of ORS 690.015(2)(a) or 690.015(2)(e).

(a) Never held or expired:

(A) 1st offense: $1000;

(B) 2nd offense: $2500;

(C) 3rd offense $5000.

(D) 4th offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

(b) Inactive or dormant

(A) 1st offense: $200;

(B) 2nd offense: $500;

(C) 3rd offense: $1000

(c) Suspended or revoked:

(A) 1st offense: $2500;

(B) 2nd offense: $5000;

(C) 3rd offense: Monetary penalty and any other actions allowed by law including revocation of suspended authorization to practice and refusal to issue a new authorization to practice to a revoked authorization holder.

(2) Failing to display the practitioner certificate number and freelance authorization number when advertising or soliciting business; or, failing to provide required information under a Freelance Authorization is a violation of OAR 817-007-0200(1)(a) or (b):

(a) 1st offense: $100;

(b) 2nd offense: $200;

(c) 3rd offense: $500.

(3) Practicing outside a licensed facility without a valid Freelance Authorization is a violation of ORS 690.015(2)(c):

(a) 1st offense: $500;

(b) 2nd offense: $1000;

(c) 3rd offense: $2500.

(4) Performing in a field of practice by a student when not on the premises of an educational institution, or while not pursuing the prescribed curriculum in which he or she is enrolled, is a violation of ORS 690.015(a):

(a) 1st offense: $500;

(b) 2nd offense: $1000;

(c) 3rd offense: $2500.

(5) Failing to comply with notification requirements listed in OAR 331-010-0040, is a violation of OAR 331-010-0040:

(a) For 1st offense: $100;

(b) For 2nd offense: $200;

(c) For 3rd offense: $500.

Or. Admin. Code § 817-090-0035

BH 3-1984(Temp), f. & ef. 6-27-84; BH 4-1984, f. & ef. 12-7-84; BH 1-1985, f. & ef. 3-28-85; BH 1-1988, f. & cert. ef. 7-1-88; BH 2-1990, f. & cert. ef. 10-29-90; BH 1-1992, f. 6-1-92, cert. ef. 7-1-92; BH 3-1994, f. 6-23-94, cert. ef. 7-1-94; BH 1-1996, f. 5-31-96, cert. ef. 7-1-96, Renumbered from 817-090-0020; BOC 1-2000, f. 5-12-00, cert. ef. 5-15-00; BOC 2-2001, f. 2-16-01, cert. ef. 3-1-01; BOC 1-2004, f. 6-29-04, cert. ef. 7-1-04; BOC 1-2006, f. & cert. ef. 3-15-06; BOC 2-2011, f. & cert. ef. 5-5-11; BOC 4-2011(Temp), f. & cert. ef. 9-13-11 thru 3-11-12; BOC 1-2012(Temp), f. 3-1-12, cert. ef. 3-12-12 thru 9-1-12; BOC 2-2012, f. 8-31-12, cert. ef. 9-1-12; BOC 1-2016, f. & cert. ef. 4/4/2016; BOC 5-2019, amend filed 12/18/2019, effective 1/1/2020

Statutory/Other Authority: ORS 676.612, ORS 676.992, ORS 690.167, ORS 676.615 & ORS 690.015

Statutes/Other Implemented: ORS 676.612, ORS 676.992, ORS 690.167, ORS 676.615 & ORS 690.015