74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2262
A-Engrossed
House Bill 3233
Ordered by the House May 4
Including House Amendments dated May 4
Sponsored by Representative MACPHERSON; Representatives BARKER,
BERGER, WHISNANT (at the request of Oregon Sex Offender
Supervision Network and Attorney General's Sexual Assault Task
Force)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates Sex Offender Treatment Board { - and Sex Offender
Treatment Advisory Board - } { + within Oregon Health Licensing
Agency + }. Authorizes board to regulate sex offender treatment
specialists and impose penalties. Continuously appropriates
moneys to { - Sex Offender Treatment Board from moneys received
by board - } { + Oregon Health Licensing Agency from moneys
collected by agency for fees, charges and penalties related to
sex offender treatment specialists, to be used only by agency for
administration and enforcement of Act.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to sex offender treatment; creating new provisions;
amending ORS 676.606, 676.610, 676.612, 676.613 and 676.992;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly hereby declares
that the comprehensive evaluation, treatment and monitoring of
sex offenders who are subject to the supervision of the criminal
justice and juvenile justice systems and the Department of Human
Services is necessary in order to work toward the elimination of
sex offenses. The Legislative Assembly hereby recognizes that sex
offender therapists who examine and treat sex offenders therefore
occupy a vital role in protecting the public from sex offenders
who remain in the community prior to or following disposition or
who will reenter the community following a period of
incarceration.
(2) The Legislative Assembly further finds that the
qualifications, practices, techniques and levels of effectiveness
of sex offender therapists vary widely and that the court's
ability to effectively determine appropriate sentencing and
monitoring for sex offenders, thus curtailing the incidence of
recidivism in such offenders and enhancing the protection of
victims and potential victims, is undermined by a lack of
regulated practices.
(3) The Legislative Assembly recognizes the right of sex
offender therapists to practice, consistent with the paramount
requirement of public safety. Public safety is best served by
regulating sex offender therapists whose clients are being
evaluated and treated under alternative sentencing or
disposition, parole, post-prison supervision or supervision by
the Department of Human Services, a county juvenile department or
the Oregon Youth Authority.
(4) Section 4 of this 2007 Act establishes the titles certified
clinical sex offender therapist, certified associate sex offender
therapist and certified sexual arousal and interest examiner.
Sections 1 to 12 of this 2007 Act do not prohibit others from
providing services to evaluate and treat sex offenders. However,
only those certified under sections 1 to 12 of this 2007 Act
shall represent the designated titles to the public. Adult and
juvenile parole and probation authorities and the Department of
Human Services may restrict their referrals to those providers
who are certified under sections 1 to 12 of this 2007 Act. + }
SECTION 2. { + As used in sections 1 to 12 of this 2007 Act:
(1) 'Certified associate sex offender therapist' means a person
who is certified under section 4 or 5 of this 2007 Act to provide
services for the evaluation, treatment and rehabilitation of sex
offenders while under the direct supervision of a certified
clinical sex offender therapist.
(2) 'Certified clinical sex offender therapist' means a person
who is certified under section 4 or 5 of this 2007 Act to provide
services for the evaluation, treatment and rehabilitation of sex
offenders and who may supervise certified associate sex offender
therapists.
(3) 'Certified sex offender therapist' means a certified
clinical sex offender therapist or a certified associate sex
offender therapist.
(4) 'Certified sexual arousal and interest examiner' means a
certified sex offender therapist certified under section 4 or 5
of this 2007 Act to provide sexual arousal and interest
assessment for the evaluation and rehabilitation of sex
offenders.
(5) 'Direct supervision' means a minimum of two hours of
supervision by a certified clinical sex offender therapist for
each 45 hours of direct clinical contact with a sex offender.
(6) 'Sex offender' means a person convicted or adjudicated of a
sex crime, as defined in ORS 181.594, and mandated by a court, a
releasing authority, including the Oregon Youth Authority, or the
Department of Human Services to successfully complete a sex
offender treatment program.
(7) 'Sex offender treatment' means the process of evaluation,
assessment and reformation of sex offenders. + }
SECTION 3. { + (1) Unless a person has applied for and
received certification under section 4 or 5 of this 2007 Act, a
person may not claim certification as or represent that person to
be a:
(a) Certified clinical sex offender therapist;
(b) Certified associate sex offender therapist; or
(c) Certified sexual arousal and interest examiner.
(2) Sections 1 to 12 of this 2007 Act apply only to certified
sex offender therapists and certified sexual arousal and interest
examiners who examine and treat sex offenders. + }
SECTION 4. { + (1) To obtain certification as a clinical sex
offender therapist, associate sex offender therapist or sexual
arousal and interest examiner, an applicant shall complete an
application developed and prescribed by the Sex Offender
Treatment Board and file a professional disclosure statement with
the Oregon Health Licensing Agency. The documents must be
accompanied by a fee established by the agency.
(2) Subject to ORS 676.612, the agency may issue three types of
certification to qualified applicants under this section:
(a) Clinical sex offender therapist;
(b) Associate sex offender therapist; and
(c) Sexual arousal and interest examiner.
(3) To qualify as a certified clinical sex offender therapist,
the applicant must:
(a) Be in compliance with applicable provisions and rules
adopted by the agency;
(b) Have at least a master's degree in the behavioral sciences;
(c) Have an active Oregon mental health professional license or
equivalent license as determined by the agency;
(d) Within not less than three years nor more than six years
prior to application, have had a minimum of 2,000 hours of direct
clinical contact with sex offenders, including:
(A) 1,000 hours of direct treatment services; and
(B) 500 hours of evaluations; and
(e) Have a minimum of 60 hours of formal training applicable to
sex offender treatment and evaluation, achieved within the three
years prior to application.
(4) To qualify as a certified associate sex offender therapist,
the applicant must:
(a) Be in compliance with applicable provisions and rules
adopted by the agency;
(b) Have at least a bachelor's degree in the behavioral
sciences;
(c) Have had a minimum of 1,000 hours of direct clinical
contact with sex offenders;
(d) Have a minimum of 30 hours of formal training applicable to
sex offender treatment and evaluation, achieved within the three
years prior to application; and
(e) Be under the direct supervision of a certified clinical sex
offender therapist.
(5) To qualify as a certified sexual arousal and interest
examiner, the applicant must:
(a) Be in compliance with applicable provisions and rules
adopted by the agency;
(b) Be certified as either a clinical sex offender therapist or
associate sex offender therapist under this section; and
(c) Complete all training in the administration and
interpretation of sexual arousal and interest instruments and
measurements, as determined by the agency.
(6) The agency may renew the certification of a clinical sex
offender therapist or an associate sex offender therapist
annually. The application for renewal shall be considered by the
agency to be an application to continue as a certified clinical
sex offender therapist or a certified associate sex offender
therapist. To renew a certification, the applicant must:
(a) Be in compliance with the provisions of sections 1 to 12 of
this 2007 Act and rules adopted by the agency;
(b) Have a minimum of 100 hours of clinical experience during
the preceding year, 50 of which shall be direct clinical contact
with sex offenders;
(c) Have completed a minimum of 15 hours continuing education
in the field of sex offender treatment during the preceding year;
and
(d) Satisfy any additional requirements adopted by the board.
(7) The agency may renew the certification of a sexual arousal
and interest examiner on a date provided by the agency by rule.
The application for renewal shall be considered by the agency to
be an application to continue as a certified sexual arousal and
interest examiner. To renew a certification, the applicant must:
(a) Be in compliance with the provisions of sections 1 to 12 of
this 2007 Act and rules adopted by the agency;
(b) Be in compliance with subsection (5) of this section; and
(c) Document the applicant's continued administration of the
instruments described in subsection (5)(c) of this section,
according to requirements determined by the board by rule. + }
SECTION 5. { + Upon receipt of an application and the
appropriate fees under section 4 of this 2007 Act, the Oregon
Health Licensing Agency shall certify a clinical sex offender
therapist, associate sex offender therapist or sexual arousal and
interest examiner if the applicant provides evidence to the
satisfaction of the agency that the applicant is recognized as a
clinical sex offender therapist, associate sex offender therapist
or sexual arousal and interest examiner in another state in which
the requirements for such recognition are, in the judgment of the
agency, in consultation with the Sex Offender Treatment Board, at
least equivalent to the requirements of sections 1 to 12 of this
2007 Act and rules of the agency. + }
SECTION 6. { + (1) In the manner prescribed in ORS chapter 183
for contested cases, and at the direction of the Sex Offender
Treatment Board, the Oregon Health Licensing Agency may impose a
form of discipline listed in ORS 676.612 against any certified
sex offender therapist or certified sexual arousal and interest
examiner for any of the grounds listed in ORS 676.612 and for any
violation of the provisions of sections 1 to 12 of this 2007 Act,
or the rules adopted thereunder.
(2) The agency may impose disciplinary sanctions against a
certified sex offender therapist or certified sexual arousal and
interest examiner for any of the following reasons:
(a) The person was convicted of violating section 9 of this
2007 Act, or of a felony or misdemeanor that brings into question
the person's competence or integrity as a certified sex offender
therapist or certified sexual arousal and interest examiner.
(b) The person's mental health professional license has been
revoked, suspended or restricted by the issuing authority.
(c) The person has violated section 11 of this 2007 Act, or any
rules adopted by the agency pertaining to certification.
(d) The person has failed to file or has filed a false,
misleading or incomplete professional disclosure statement with
the agency.
(e) The person has practiced beyond the scope of the person's
agency-issued certification. + }
SECTION 7. { + (1) The Sex Offender Treatment Board is
established within the Oregon Health Licensing Agency. The board
shall consist of seven members appointed by the Governor. All
members of the board shall be residents of this state.
(2) Of the members appointed to the board:
(a) Two shall be recommended by the Oregon Association for the
Treatment of Sexual Abusers;
(b) Two shall be recommended by the Oregon Adolescent Sex
Offender Treatment Network;
(c) Two shall be recommended jointly by the Oregon Association
of Community Corrections Directors and the Oregon Juvenile
Department Directors Association, with at least one candidate
being a certified sexual arousal and interest examiner; and
(d) One shall be recommended by a victims' advocacy
organization.
(3) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. Vacancies shall be
filled by the Governor by appointment for the unexpired term. A
member shall hold the member's office until the appointment and
qualification of a successor. A member is eligible for
reappointment.
(4) The agency shall provide the board with such administrative
services and employees as the board requires to carry out its
duties for the administration of sections 1 to 12 of this 2007
Act.
(5) Members of the board are eligible for compensation and
expenses as provided in ORS 292.495 from funds available under
section 10 of this 2007 Act.
(6) The board shall select one of its members to serve as chair
and another to serve as vice chair, for those terms and with such
duties and powers necessary for the performance of the functions
of those offices as the board determines.
(7) A majority of the board constitutes a quorum for the
transaction of business.
(8) The board shall meet at times and places specified by the
call of the chair or of a majority of the members of the board.
The board shall meet at least once each calendar year.
(9) A board member appointed under this section who is also a
clinical sex offender therapist, associate sex offender therapist
or sexual arousal and interest examiner must satisfy all
requirements for certification provided in section 4 of this 2007
Act and shall obtain certification within 12 months of the
member's appointment. + }
SECTION 8. { + The Sex Offender Treatment Board shall:
(1) Determine the qualifications and fitness of applicants for
certification as clinical sex offender therapists, associate sex
offender therapists and sexual arousal and interest examiners
under sections 1 to 5 of this 2007 Act.
(2) Develop evidence-based standards and guidelines specific to
the treatment and evaluation of distinct sex offender
populations, including adults, juveniles, persons with
developmental disabilities and others.
(3) Establish standards of practice and professional
responsibility for persons certified by the Oregon Health
Licensing Agency.
(4) Adopt standards for training and continuing education
required under sections 1 to 5 of this 2007 Act.
(5) Advise the agency on all matters related to administering
sections 1 to 12 of this 2007 Act and recommend rules, standards
and guidelines necessary for the administration of sections 1 to
5 of this 2007 Act.
(6) Appoint committees to study and make recommendations to the
agency on matters deemed necessary to carry out the requirements
of sections 1 to 12 of this 2007 Act. + }
SECTION 9. { + A certified sex offender therapist or certified
sexual arousal and interest examiner, or any employee of these
individuals, may not disclose any communication made by a client
during the course of noninvestigatory professional treatment or
rehabilitation, except:
(1) When the client or a person authorized to act on behalf of
the client gives consent to the disclosure;
(2) When the client initiates legal action or makes a complaint
against a sex offender therapist or certified sexual arousal and
interest examiner to the Sex Offender Treatment Board;
(3) When the communication reveals the intent to commit a crime
harmful to the client or others;
(4) When the communication reveals that a minor may have been a
victim of a crime or physical, sexual or emotional abuse or
neglect; or
(5) To juvenile and adult parole and probation officers
supervising the client under a mandated sex offender treatment
condition imposed by a court or releasing authority. + }
SECTION 10. { + (1) The Oregon Health Licensing Agency, in
consultation with the Sex Offender Treatment Board, shall
establish by rule and shall collect fees and charges to carry out
its responsibilities under sections 1 to 12 of this 2007 Act.
(2) All moneys received by the agency under subsection (1) of
this section shall be paid into the General Fund of the State
Treasury and credited to the Oregon Health Licensing Agency
Account and are appropriated continuously to, and shall be used
by, the agency only for the administration and enforcement of
sections 1 to 12 of this 2007 Act.
(3) The fees and charges established by the agency under this
section are subject to the prior approval of the Oregon
Department of Administrative Services. The fees and charges may
not exceed the cost of administering sections 1 to 12 of this
2007 Act pertaining to the purpose for which the fee or charge is
established, as authorized by the Legislative Assembly within the
budget of the agency, as that budget may be modified by the
Emergency Board.
(4) In addition to the fees and charges established under
subsection (1) of this section, the agency may assess fees and
charges for providing copies of official documents or records and
for recovering administrative costs associated with compiling,
photocopying or preparing and delivering documents or
records. + }
SECTION 11. { + (1) A person may not:
(a) Attempt to obtain a certificate or renewal of a certificate
under sections 1 to 5 of this 2007 Act by bribery or fraudulent
representation;
(b) Purport to the public to be engaged in the practice of sex
offender treatment under the title 'clinical sex offender
therapist' or 'associate sex offender therapist' unless the
person possesses a valid certification under sections 1 to 5 of
this 2007 Act; or
(c) Purport to the public to be engaged in the practice of sex
offender arousal and interest assessment under the title ' sexual
arousal and interest examiner' unless the person possesses a
valid certification under sections 1 to 5 of this 2007 Act.
(2) Nothing in sections 1 to 12 of this 2007 Act is intended to
limit or prevent the practice of an individual's profession or to
restrict a person from providing counseling or therapy if the
person or individual does not represent to the public by title
that the person or individual is a certified sex offender
therapist or certified sexual arousal and interest examiner.
(3) Each violation of this section is a separate violation. + }
SECTION 12. { + (1) The Oregon Health Licensing Agency shall:
(a) Issue certifications to persons determined by the agency to
be qualified.
(b) Make all disbursements necessary to carry out the
provisions of sections 1 to 12 of this 2007 Act.
(c) Maintain a registry of all current certified sex offender
therapists and certified sexual arousal and interest examiners.
The registry shall be made available to the public online.
(d) Keep a record of its proceedings related to the issuance,
refusal, suspension and revocation of certifications issued under
sections 1 to 5 of this 2007 Act.
(e) Approve or sanction programs for impaired professionals to
assist any certified sex offender therapist or certified sexual
arousal and interest examiner to regain or retain certification
and shall impose the requirement of participation in the program
as a condition to reissuance or retention of certification.
(2) The agency may:
(a) Deny, suspend, revoke or refuse to issue or renew any
certification issued under sections 1 to 5 of this 2007 Act.
(b) Provide for waivers of examinations, grandfathering
requirements and temporary certifications as considered
appropriate. + }
SECTION 12a. { + Notwithstanding the term of office specified
in section 7 of this 2007 Act, of the members first appointed to
the board:
(1) Two shall serve for terms ending on January 1, 2009;
(2) Two shall serve for terms ending on January 1, 2010; and
(3) Three shall serve for terms ending on January 1, 2011. + }
SECTION 13. ORS 676.606 is amended to read:
676.606. Pursuant to ORS 676.607, the Oregon Health Licensing
Agency shall provide administrative and regulatory oversight and
centralized service for the following boards, advisory councils
and program:
(1) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
(2) Board of Cosmetology, as provided in ORS 690.005 to
690.235;
(3) State Board of Denture Technology, as provided in ORS
680.500 to 680.570;
(4) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
(5) Respiratory Therapist Licensing Board, as provided in ORS
688.800 to 688.840;
(6) Environmental Health Registration Board, as provided in ORS
chapter 700;
(7) Advisory Council for Electrologists and Permanent Color
Technicians and Tattoo Artists, as provided in ORS 690.350 to
690.430;
(8) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185; { - and - }
(9) Body piercing licensing program, as provided in ORS 690.500
to 690.570 { - . - } { + ; and
(10) Sex Offender Treatment Board, as provided in sections 1 to
12 of this 2007 Act. + }
SECTION 14. ORS 676.610 is amended to read:
676.610. (1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers and for the
organization of the agency.
(b) The Director of the Oregon Department of Administrative
Services shall establish the qualifications for and appoint the
Director of the Oregon Health Licensing Agency, who holds office
at the pleasure of the Director of the Oregon Department of
Administrative Services.
(c) The Director of the Oregon Health Licensing Agency shall
receive a salary as provided by law or, if not so provided, as
prescribed by the Director of the Oregon Department of
Administrative Services.
(d) The Director of the Oregon Health Licensing Agency shall be
in the unclassified service.
(2) The Director of the Oregon Health Licensing Agency shall be
responsible for the performance of duties and functions of the
boards, councils and programs administered by the agency. The
Director of the Oregon Health Licensing Agency shall provide the
boards, councils and programs with such services and employees as
the agency requires to carry out its duties. Subject to any
applicable provisions of the State Personnel Relations Law, the
Director of the Oregon Health Licensing Agency shall appoint all
subordinate officers and employees of the agency, prescribe their
duties and fix their compensation.
(3) Except as provided in section 18, chapter 885, Oregon Laws
1999, the Director of the Oregon Health Licensing Agency shall be
responsible for carrying out the duties, functions and powers
under ORS 680.500 to 680.570, 680.990 (2), 687.405 to 687.495,
688.800 to 688.840, 688.995, 690.005 to 690.235, 690.350 to
690.430, 690.500 to 690.570, 690.992 and 694.015 to 694.185 and
ORS chapter 700 { + and sections 1 to 12 of this 2007 Act + }.
{ + (4) The enumeration of duties, functions and powers in
subsection (3) of this section is not intended to be exclusive
nor to limit the duties, functions and powers imposed on or
vested in the Oregon Health Licensing Agency by other
statutes. + }
SECTION 15. ORS 676.612 is amended to read:
676.612. (1) In the manner prescribed in ORS chapter 183 for
contested cases and as specified in ORS 680.535, 687.445,
688.734, 688.836, 690.167, 690.407, 690.515, 694.147 and 700.111
{ + and section 6 of this 2007 Act + }, the Oregon Health
Licensing Agency may refuse to issue or renew, may suspend or
revoke or may place on probation or otherwise discipline a holder
of a certificate, permit, license or registration to practice
issued by the agency for any of the following reasons:
(a) Fraud, misrepresentation, concealment of material facts or
deception in applying for or obtaining an authorization to
practice in this state, or in any written or oral communication
to the agency concerning the issuance or retention of the
authorization.
(b) Using, causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, insignia or any other representation, however disseminated
or published, that is false, misleading or deceptive.
(c) Making a representation that the certificate, permit,
license or registration holder knew or should have known is false
or misleading regarding skill or the efficacy or value of
treatment or remedy administered by the holder.
(d) Practicing under a false, misleading or deceptive name, or
impersonating another certificate, permit, license or
registration holder.
(e) Permitting a person other than the certificate, permit,
license or registration holder to use the certificate, permit,
license or registration.
(f) Practicing with a physical or mental condition that
presents an unreasonable risk of harm to the practitioner or to
the person or property of others in the course of performing the
practitioner's duties.
(g) Practicing while under the influence of alcohol, controlled
substances or other skill-impairing substances, or engaging in
the illegal use of controlled substances or other skill-impairing
substances so as to create a risk of harm to the person or
property of others in the course of performing the practitioner's
duties.
(h) Failing to properly and reasonably accept responsibility
for the actions of employees.
(i) Employing, directly or indirectly, any suspended,
uncertified, unlicensed or unregistered person to practice a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606.
(j) Unprofessional conduct, negligence, incompetence, repeated
violations or any departure from or failure to conform to
standards of practice in performing services or practicing in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed under ORS 676.606.
(k) Conviction of any criminal offense, subject to ORS 670.280.
A copy of the record of conviction, certified by the clerk of the
court entering the conviction, is conclusive evidence of the
conviction. A plea of no contest or an admission of guilt shall
be considered a conviction for purposes of this paragraph.
(L) Failing to report any adverse action, as required by
statute or rule, taken against the certificate, permit, license,
or registration holder by another regulatory jurisdiction or any
peer review body, health care institution, professional
association, governmental agency, law enforcement agency or court
for acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action as described in this
section.
(m) Violation of a statute regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(n) Violation of any rule regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(o) Failing to cooperate with the agency in any investigation,
inspection or request for information.
(2) The agency may refuse to issue or renew, may suspend or
revoke or may place on probation or otherwise sanction a holder
of a certificate, permit, license or registration to practice
issued by the agency for failure to pay an outstanding civil
penalty or fee that is due or for failure to meet the terms of
any order issued by the agency that has become final.
(3) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the agency may require
the fingerprints of a person who is:
(a) Applying for a certificate, permit, license or registration
that is issued by the agency;
(b) Applying for renewal of a certificate, permit, license or
registration that is issued by the agency; or
(c) Under investigation by the agency.
(4) If the agency places a holder of a certificate, permit,
license or registration on probation under subsection (1) of this
section, the agency, in consultation with the appropriate board,
council or program, may determine and at any time modify the
conditions of the probation.
(5) If a certificate, permit, license or registration is
suspended, the holder may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
certificate, permit, license or registration may be reinstated by
the agency if the conditions of suspension no longer exist and
the holder has satisfied all requirements in the relevant
statutes or administrative rules for issuance, renewal or
reinstatement.
SECTION 16. ORS 676.613 is amended to read:
676.613. (1) In addition to all other remedies, when it appears
to the Oregon Health Licensing Agency that a person is engaged
in, has engaged in or is about to engage in any act, practice or
transaction that violates any provision of ORS 676.617, 680.500
to 680.570, 687.405 to 687.495, 688.701 to 688.734, 688.800 to
688.840, 690.005 to 690.235, 690.350 to 690.430, 690.500 to
690.570 or 694.015 to 694.185 or ORS chapter 700 { + or sections
1 to 12 of this 2007 Act + }, the agency may, through the
Attorney General or the district attorney of the county in which
the act, practice or transaction occurs or will occur, apply to
the court for an injunction restraining the person from the act,
practice or transaction.
(2) A court may issue an injunction under this section without
proof of actual damages. An injunction issued under this section
does not relieve a person from any other prosecution or
enforcement action taken for violation of statutes listed in
subsection (1) of this section.
SECTION 17. ORS 676.992 is amended to read:
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 Oregon Health Licensing Agency may impose a civil
penalty not to exceed $5,000 for each violation of the following
statutes and any rule adopted thereunder:
(a) ORS 688.701 to 688.734 (athletic training);
(b) ORS 690.500 to 690.570 (body piercing);
(c) ORS 690.005 to 690.235 (cosmetology);
(d) ORS 680.500 to 680.570 (denture technology);
(e) ORS 687.405 to 687.495 (direct entry midwifery);
(f) ORS 690.350 to 690.430 (electrology and permanent coloring
or tattooing);
(g) ORS 694.015 to 694.185 (dealing in hearing aids);
(h) ORS 688.800 to 688.840 (respiratory therapy);
(i) ORS chapter 700 (environmental sanitation); { - and - }
(j) ORS 676.617 (single facility licensure) { - . - } { + ;
and
(k) Sections 1 to 12 of this 2007 Act (sex offender
treatment). + }
(2) The agency 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 or 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 pursuant to this section, the
agency 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 agency from civil penalties
under this section shall be paid into the General Fund of the
State Treasury and credited to the Oregon Health Licensing Agency
Account established under ORS 676.625. Such moneys are
continuously appropriated to the agency for the administration
and enforcement of the laws the agency is charged with
administering and enforcing that govern the person against whom
the penalty was imposed.
SECTION 18. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
----------