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The Oregon Administrative Rules contain OARs filed through April 15, 2013 
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OREGON HEALTH LICENSING AGENCY
OREGON HEALTH LICENSING AGENCY
DIVISION 430
DISCIPLINE; CIVIL PENALTIES
331-430-0030
Establishing Civil Penalty Amounts
The Health Licensing Office has adopted the following presumptive penalty schedule for the first and second violations of the following laws and rules. The following scheduled shall apply except as the agency otherwise determines in consideration of the factors referenced in OAR 331-020-0060. For subsequent violations the provisions of OAR 331-020-0060 will apply.
(1) Practicing or holding one's self out as available to practice denture technology, or using the title denturist without a license or with an expired or suspended license is a violation of ORS 680.505 and may incur a penalty of $5,000.
(2) Licensed denturists who allow non-licensed persons to perform clinical procedures is a violation of ORS 680.505 and may incur a penalty of $5,000.
(3) Failing to post a current, valid denturist license in public view is a violation of OAR 331-410-0090 and may incur a penalty of $150.
(4) Performing or offering to perform denture technology services involving intra-oral work, without obtaining a valid Oral Health Certificate prior to services being rendered, or without having qualified for and obtained an oral pathology endorsement is a violation of ORS 680.545, and may incur a penalty of $2,000.
(5) Failing to notify the agency within 30 days of a change in business related information or license status, is a violation of OAR 331-010-0040, and may incur a penalty of $200.
(6) Advertising in a manner, which would deceive or mislead the public or that is untruthful is a violation of ORS 676.612(1)(b), and may incur a penalty of $2,000.
(7) Failing to meet practice standards, involving health history, clinical examination, record of clinical treatment, or retention of records is a violation of ORS 680.550 and OAR 331-420-0000, and may incur a penalty of $1,000.
(8) Failing to meet minimum standards of acceptability for full dentures according to OAR 331-420-0000(6), or to meet standards for partial dentures as determined by the board may incur a penalty of $5,000.
(9) Failing to maintain clean floors, walls and ceilings in the clinical area of the premises is a violation of OAR 331-420-0010(1), and may incur a penalty of $1,000.
(10) Failing to disinfect surfaces or blood spills by using an Environmental Protection Agency registered disinfectant is a violation of OAR 331-420-0020(5), and may incur a penalty of $1,000.
(11) Failing to sterilize all instruments, impression trays, and supplies for intraoral use prior to each use on patients is a violation of OAR 331-420-0020(1), and may incur a penalty of $1,000.
(12) Failing to test all sterilizing devices on a quarterly basis is a violation of OAR 331-420-0020(3), and may incur a penalty of $1,000.
(13) Failing to have both biological and chemical test results available at the facility for inspection by the agency enforcement officers is a violation of OAR 331-420-0020(4), and may incur a penalty of $1000.
(14) Failing to keep Environmental Protection Agency registered disinfecting solution at adequate strength and free of foreign material to maintain effectiveness is a violation of OAR 331-420-0020(5), and may incur a penalty of $1,000.
(15) Failing to wash hands with a germicidal or antiseptic soap and water before and after every patient when clinical contact occurs or failing to use disposable gloves whenever placing fingers into a patient's mouth or when handling blood or saliva contaminated instruments or equipment is a violation of OAR 331-420-0020(6), and may incur a penalty of $1,000.
(16) Failing to perform procedures in such a manner as to avoid cross contamination of blood borne pathogens is a violation of OAR 331-420-0020(8), and may incur a penalty of $500.
(17) Failing to dispose contaminated wastes and/or sharps in accordance with provisions of ORS 459.386 through 459.405 and OAR 333-056-0020 is a violation of 331-420-0020(7) and may incur a penalty of $1,000.
(18) Allowing pets or other animals on the premises of the business facility other than trained guide animals or fish in an aquarium, is a violation of OAR 331-420-0010(4), and may incur a penalty of $500.
Stat. Auth.: ORS 680.565 & 680.572
Stats. Implemented: ORS 680.565 & 680.572
Hist.: HD 3-1992, f. & cert. ef. 3-25-92; HD 22-1993, f. 12-30-93, cert. ef. 1-1-94; HDLP 3-1998, f. 6-26-98, cert. ef. 7-1-98, Renumbered from 333-020-0120; HDLP 1-2001, f. 3-21-01, cert. ef. 4-1-01; HLO 2-2004, f. 6-29-04, cert. ef. 7-1-04
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