1. (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. (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:

   1. (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;
   2. (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
   3. (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. (3) A civil penalty issued under this rule shall not exceed $2,000 in any 30-day period.
4. (4) A civil penalty imposed under this rule shall comply with ORS 183.745.

Statutory/Other Authority

ORS 441.815

Statutes/Other Implemented

ORS 441.815

History

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