1. (1) A Crisis Stabilization Center that violates Crisis Stabilization Center rules, an administrative order, or settlement agreement, is subject to the imposition of a civil penalty not to exceed $1,000 per violation and may not total more than $2,000.
2. (2) An individual or entity who operates a Crisis Stabilization Center without a certificate is subject to the imposition of a civil penalty not to exceed $500 a day per violation.

3. (3) A Crisis Stabilization Center that fails to comply with the Division is subject to the imposition of a civil penalty. Failure to comply includes, but not limited to:

   1. (a) Failure to provide a written disclosure statement to the individual or the individual’s legal representative prior to Crisis Stabilization Center services being rendered.
   2. (b) Failure to provide crisis stabilization services.
   3. (c) Failure to correct deficiencies identified during an inspection or abuse or complaint investigation; or
   4. (d) Refusal to allow access and inspection.

4. (4) In determining the amount of a civil penalty, the Division must consider whether:

   1. (a) The Division made repeated attempts to obtain compliance.
   2. (b) The licensee has a history of non-compliance with Crisis Stabilization Center rules.
   3. (c) The violation poses a serious risk to an individual’s health; and
   4. (d) There are mitigating factors, such as the Crisis Stabilization Center’s cooperation with an investigation or actions to come into compliance.
5. (5) Each day a violation continues is an additional violation.
6. (6) A civil penalty imposed under this rule must comply with ORS 183.746.

Statutory/Other Authority

ORS 183.310 -183.750, 179.040, 413.042, 413.032 - 413.033, 428.205 - 428.270, 430.626 - 430.630, 430.624, 430.640, 430.870, HB 2417 (2021) & 743A.168

Statutes/Other Implemented

ORS 183.310 - 183.750, 426.500, 428.205 - 428.270, 430.010, 430.021, 430.205 - 430.210, 430.254, 430.335, 430.620, 430.626 - 430.630, 430.637 & 414.665

History

BHS 2-2026, temporary adopt filed 03/20/2026, effective 03/20/2026 through 09/15/2026