The Office has adopted the following presumptive penalty
schedule for the 1st, 2nd, and 3rd violation of safety and infection control
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) Failing to use a high-level disinfectant
or failing to completely immerse in high-level disinfectant, all tools and
implements with sharp edges or points, or foot spa equipment according to
disinfectant manufacturer's instructions is a violation of either OAR
817-010-0068(4)
or
817-010-0101(5):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(2) Failing to keep disinfecting solutions at
adequate strength, free of foreign material, and/or available for immediate use
at all times the facility is open for business is a violation of OAR
817-010-0068(10):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(3) Failing to provide and maintain adequate
disinfecting solutions or sterilizing equipment to the number of applicable
authorization holders providing services, usage requirements or volume of
business is a violation of OAR
817-010-0068(9):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
(4) Failing to use a low-level disinfectant
or failing to completely immerse all tools and implements, without sharp edges
or points according to disinfectant manufacturers instructions is a violation
of OAR
817-010-0068(6):
(a) 1st offense: $300;
(b) 2nd offense: $500;
(c) 3rd offense: $1000.
Notes
Or. Admin. Code §
817-090-0085
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 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 817-090-0030; BBH 1-1998, f. 6-24-98, cert. ef.
6-30-98; 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 1-2014, f. 2-27-14, cert. ef. 3-1-14;
BOC
5-2019, amend filed 12/18/2019, effective
1/1/2020;
BOC
2-2024, minor correction filed 05/01/2024, effective
5/1/2024
Statutory/Other Authority: ORS
676.992, ORS
690.167, ORS
676.612 & ORS
676.615
Statutes/Other Implemented: ORS
676.992, ORS
690.167, ORS
676.612 & ORS
676.615
