Or. Admin. R. 333-501-0050

Current through Register Vol. 63, No. 6, June 1, 2024

Section 333-501-0050 - Civil Penalties for Violation of Smoking Prohibition

(1) If the Oregon Health Authority (Authority) determines that an administrator or person in charge of a hospital permits a person to smoke tobacco in a hospital or within 10 feet of a doorway, open window or ventilation intake of a hospital, the Authority may assess a civil penalty of not more than $500 per day against the administrator or the person in charge of a hospital.

(2) In determining whether an administrator or person in charge of a hospital has permitted a person to smoke tobacco in violation of ORS 441.815, the Authority shall consider whether:

(a) A hospital administrator or person in charge of a hospital has taken steps to enforce the smoking prohibitions, including calling law enforcement to report a violation;

(b) The hospital administrator or person in charge of a hospital took affirmative action to address any complaints about smoking in a hospital or within 10 feet of a doorway, open window or ventilation intake of a hospital; and

(c) A hospital administrator or person in charge of a hospital has taken steps to educate the public and staff about the smoking ban.

(3) A civil penalty issued under this rule shall not exceed $2,000 in any 30-day period.

(4) A civil penalty imposed under this rule shall comply with ORS 183.745.

Or. Admin. R. 333-501-0050

PH 11-2009, f. & cert. ef. 10-1-09; PH 31-2024, minor correction filed 04/08/2024, effective 4/8/2024

Statutory/Other Authority: ORS 441.815

Statutes/Other Implemented: ORS 441.815