1. (1) The Oregon State Board of Nursing shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for any violation of ORS 678.010 to 678.448 or any rule of the board. No civil penalty shall exceed $5,000.

2. (2) In imposing a penalty pursuant to this section, the board shall consider the following factors:

   1. (a) The past history of the person incurring the penalty in observing the provisions of ORS 678.010 to 678.448 and the rules adopted pursuant thereto.
   2. (b) The economic and financial conditions of the person incurring the penalty.
3. (3) Any penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board considers proper and consistent with the public health and safety.
4. (4) Civil penalties under this section shall be imposed as provided in ORS 183.745.
5. (5) All penalties recovered under this section shall be credited to the special account described in ORS 678.170.

[1973 c.584 §22; 1981 c.369 §8; 1985 c.23 §3; 1991 c.734 §72; 1999 c.375 §2]