Bill Text: OR SB222 | 2011 | Regular Session | Introduced

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Bill Title: Relating to durable medical equipment suppliers; appropriating money; declaring an emergency.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB222 Detail]

Download: Oregon-2011-SB222-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 360

                         Senate Bill 222

Sponsored by Senator MONNES ANDERSON, Representative GREENLICK;
  Senators BATES, BONAMICI, BURDICK, HASS, ROSENBAUM,
  Representatives BARNHART, KOTEK, MATTHEWS (Presession filed.)

                             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 as
introduced.

  Establishes Durable Medical Equipment Supplier Licensing Board
in Oregon Health Licensing Agency. Requires person that bills
insurer, Centers for Medicare and Medicaid Services or state
health plan for durable medical equipment on or after January 1,
2012, to obtain durable medical equipment supplier license from
agency.
  Continuously appropriates licensing fees to agency for purposes
of carrying out duties of agency.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to durable medical equipment suppliers; creating new
  provisions; amending ORS 676.150, 676.160, 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.  { + As used in sections 1 to 9 of this 2011 Act:
  (1)(a) 'Durable medical equipment' means equipment that:
  (A) Can withstand repeated use;
  (B) Is primarily and customarily used to serve a medical
purpose;
  (C) Is generally not useful to an individual in the absence of
an illness or injury; and
  (D) Is appropriate for use in the home.
  (b) 'Durable medical equipment' includes, but is not limited
to, respiratory equipment, hospital beds, walkers, wheelchairs
and blood glucose monitors used in a patient's home.
  (2) 'Insurer' has the meaning given that term in ORS 731.106.
  (3) 'State health plan' has the meaning given that term in ORS
192.519. + }
  SECTION 2.  { + (1) There is established in the Oregon Health
Licensing Agency the Durable Medical Equipment Supplier Licensing
Board, consisting of seven members appointed by the Governor as
follows:
  (a) Three members who are representatives of durable medical
equipment suppliers licensed by the agency;
  (b) Two members, each of whom is:
  (A) A physician licensed under ORS chapter 677;
  (B) A physical therapist licensed under ORS 688.010 to 688.201;
  (C) An occupational therapist licensed under ORS 675.210 to
675.340; or
  (D) A respiratory care practitioner licensed under ORS 688.815;
and
  (c) Two public members.
  (2) All members of the board must be residents of this state.
  (3) In appointing the members of the board who are
representatives of durable medical equipment suppliers, the
Governor may take into account the recommendations of a regional
association of durable medical equipment suppliers.
  (4) The term of office of each member of the board is four
years, but a member serves at the pleasure of the Governor. The
terms must be staggered so that no more than three terms end each
year. A member is eligible for reappointment, but a member may
serve no more than two full terms. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the remainder of the expired term.
  (5) A board member shall be removed immediately from the board
if, during the member's term, the member:
  (a) Is not a resident of this state; or
  (b) Is not a licensed physician, physical therapist,
occupational therapist or respiratory care practitioner, or is
not a retired physician, physical therapist, occupational
therapist or respiratory care practitioner whose license was in
good standing at the time of retirement, if the board member was
appointed to serve as a physician, physical therapist,
occupational therapist or respiratory care practitioner.
  (6) The board shall select one of its members as chairperson
and another as vice chairperson, for those terms and with such
duties and powers necessary for the performance of the functions
of the offices as the board determines.
  (7) A majority of the members 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 chairperson or of a majority of the members of the
board.
  (9) Members of the board are entitled to compensation and
expenses as provided in ORS 292.495. + }
  SECTION 3.  { + Notwithstanding the term of office established
in section 2 of this 2011 Act, of the members first appointed to
the Durable Medical Equipment Supplier Licensing Board:
  (1) Two shall serve for a term ending on the first day of the
month of appointment in the year next following appointment.
  (2) Two shall serve for a term ending on the first day of the
month of appointment in the second year following appointment.
  (3) Three shall serve for a term ending on the first day of the
month of appointment in the third year following appointment. + }
  SECTION 4.  { + (1) The Oregon Health Licensing Agency shall:
  (a) Determine the qualifications and fitness of applicants for
licensure, renewal of license and reciprocal licenses under
sections 1 to 9 of this 2011 Act.
  (b) Adopt rules that are necessary to administer sections 1 to
9 of this 2011 Act.
  (c) Maintain a public record of persons licensed by the agency
as durable medical equipment suppliers.
  (2) The agency may issue, deny, revoke, suspend and renew
durable medical equipment supplier licenses, assess costs of
proceedings and fines and place licensees on probation.
  (3) The Durable Medical Equipment Supplier Licensing Board
shall establish standards of professional responsibility and
practice for durable medical equipment suppliers. The standards
must be at least as stringent as the standards for durable
medical equipment suppliers set forth by the United States
Department of Health and Human Services and the Centers for
Medicare and Medicaid Services. + }

  SECTION 5.  { + (1) The Oregon Health Licensing Agency shall
establish by rule and collect fees for the following related to
durable medical equipment suppliers:
  (a) Application;
  (b) Inspection;
  (c) Original license;
  (d) License renewal;
  (e) License reactivation;
  (f) Replacement or duplicate license;
  (g) Delinquent renewal;
  (h) Reciprocity; and
  (i) Providing copies of official documents or records and
recovering administrative costs associated with compiling,
photocopying or preparing and delivering the records.
  (2) The fees established under subsection (1) of this section
may not exceed the cost of administering the regulatory program
pertaining to the purpose for which the fee is established.
  (3) Fees collected by the agency shall be paid into the General
Fund and credited to the Oregon Health Licensing Agency Account
established under ORS 676.625, and are continuously appropriated
to the agency as authorized by ORS 676.625. + }
  SECTION 6.  { + (1) A person may not bill an insurer, the
Centers for Medicare and Medicaid Services or a state health plan
for durable medical equipment if the person does not have a
durable medical equipment supplier license issued by the Oregon
Health Licensing Agency.
  (2) This section does not apply to a person that bills an
insurer, the Centers for Medicaid and Medicare Services or a
state health plan for durable medical equipment if the person is
acting within the scope of practice of the person and the person:
  (a) Is licensed under a health care licensing law of this
state; and
  (b) Does not represent or imply that the person is a durable
medical equipment supplier licensed under section 7 of this 2011
Act. + }
  SECTION 7.  { + (1) An applicant for a durable medical
equipment supplier license shall submit an application to the
Oregon Health Licensing Agency as provided by rule of the agency.
  (2) The application must:
  (a) Include a certification that the applicant meets the
standards established under section 4 of this 2011 Act;
  (b) Include documentation that the applicant is accredited by
an organization approved by the Durable Medical Equipment
Supplier Licensing Board;
  (c) Designate an individual as the contact person for the
applicant; and
  (d) Include any other information required by the agency by
rule.
  (3) Before issuing a license, the agency shall inspect the
applicant's place of business to confirm that the applicant meets
the requirements for licensure under sections 1 to 9 of this 2011
Act and rules adopted under sections 1 to 9 of this 2011 Act. + }
  SECTION 8.  { + (1) In the manner prescribed in ORS chapter 183
for contested cases, the Oregon Health Licensing Agency may
impose a form of discipline as specified in ORS 676.612 against
any person practicing as a durable medical equipment supplier for
any of the grounds listed in ORS 676.612 and for any violation of
the provisions of sections 1 to 9 of this 2011 Act or the rules
adopted under sections 1 to 9 of this 2011 Act.
  (2) If a durable medical equipment supplier's license is
suspended under ORS 676.612, the durable medical equipment
supplier may not bill an insurer, the Centers for Medicare and
Medicaid Services or a state health plan for durable medical
equipment during the term of suspension. + }
  SECTION 9.  { + Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a durable medical equipment supplier that has
reasonable cause to believe that a licensee of another board has
engaged in prohibited conduct as defined in ORS 676.150 shall
report the prohibited conduct in the manner provided in ORS
676.150. + }
  SECTION 10. ORS 676.150 is amended to read:
  676.150. (1) As used in this section:
  (a) 'Board' means the:
  (A) State Board of Examiners for Speech-Language Pathology and
Audiology;
  (B) State Board of Chiropractic Examiners;
  (C) State Board of Licensed Social Workers;
  (D) Oregon Board of Licensed Professional Counselors and
Therapists;
  (E) Oregon Board of Dentistry;
  (F) Board of Examiners of Licensed Dietitians;
  (G) State Board of Massage Therapists;
  (H) Oregon Board of Naturopathic Medicine;
  (I) Oregon State Board of Nursing;
  (J) Nursing Home Administrators Board;
  (K) Oregon Board of Optometry;
  (L) State Board of Pharmacy;
  (M) Oregon Medical Board;
  (N) Occupational Therapy Licensing Board;
  (O) Physical Therapist Licensing Board;
  (P) State Board of Psychologist Examiners;
  (Q) Board of Radiologic Technology;
  (R) State Board of Direct Entry Midwifery;
  (S) State Board of Denture Technology;
  (T) Respiratory Therapist Licensing Board;
  (U) Department of Human Services, to the extent that the
department certifies emergency medical technicians;
  (V) Oregon State Veterinary Medical Examining Board;
 { - or - }
  (W) State Mortuary and Cemetery Board  { - . - }  { + ; or
  (X) Durable Medical Equipment Supplier Licensing Board. + }
  (b) 'Licensee' means a health professional licensed or
certified by or registered with a board.
  (c) 'Prohibited conduct' means conduct by a licensee that:
  (A) Constitutes a criminal act against a patient or client; or
  (B) Constitutes a criminal act that creates a risk of harm to a
patient or client.
  (d) 'Unprofessional conduct' means conduct unbecoming a
licensee or detrimental to the best interests of the public,
including conduct contrary to recognized standards of ethics of
the licensee's profession or conduct that endangers the health,
safety or welfare of a patient or client.
  (2) Unless state or federal laws relating to confidentiality or
the protection of health information prohibit disclosure, a
licensee who has reasonable cause to believe that another
licensee has engaged in prohibited or unprofessional conduct
shall report the conduct to the board responsible for the
licensee who is believed to have engaged in the conduct. The
reporting licensee shall report the conduct without undue delay,
but in no event later than 10 working days after the reporting
licensee learns of the conduct.
  (3) A licensee who is convicted of a misdemeanor or felony or
who is arrested for a felony crime shall report the conviction or
arrest to the licensee's board within 10 days after the
conviction or arrest.
  (4) The board responsible for a licensee who is reported to
have engaged in prohibited or unprofessional conduct shall
investigate in accordance with the board's rules. If the board
has reasonable cause to believe that the licensee has engaged in
prohibited conduct, the board shall present the facts to an
appropriate law enforcement agency without undue delay, but in no
event later than 10 working days after the board finds reasonable
cause to believe that the licensee engaged in prohibited conduct.
  (5) A licensee who fails to report prohibited or unprofessional
conduct as required by subsection (2) of this section or the
licensee's conviction or arrest as required by subsection (3) of
this section is subject to discipline by the board responsible
for the licensee.
  (6) A licensee who fails to report prohibited conduct as
required by subsection (2) of this section commits a Class A
violation.
  (7) Notwithstanding any other provision of law, a report under
subsection (2) or (3) of this section is confidential under ORS
676.175. A board may disclose a report as provided in ORS
676.177.
  (8) Except as part of an application for a license or for
renewal of a license and except as provided in subsection (3) of
this section, a board may not require a licensee to report the
licensee's criminal conduct.
  (9) The obligations imposed by this section are in addition to
and not in lieu of other obligations to report unprofessional
conduct as provided by statute.
  (10) A licensee who reports to a board in good faith as
required by subsection (2) of this section is immune from civil
liability for making the report.
  (11) A board and the members, employees and contractors of the
board are immune from civil liability for actions taken in good
faith as a result of a report received under subsection (2) or
(3) of this section.
  SECTION 11. ORS 676.160 is amended to read:
  676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
  (1) State Board of Examiners for Speech-Language Pathology and
Audiology;
  (2) State Board of Chiropractic Examiners;
  (3) State Board of Licensed Social Workers;
  (4) Oregon Board of Licensed Professional Counselors and
Therapists;
  (5) Oregon Board of Dentistry;
  (6) Board of Examiners of Licensed Dietitians;
  (7) State Board of Massage Therapists;
  (8) State Mortuary and Cemetery Board;
  (9) Oregon Board of Naturopathic Medicine;
  (10) Oregon State Board of Nursing;
  (11) Nursing Home Administrators Board;
  (12) Oregon Board of Optometry;
  (13) State Board of Pharmacy;
  (14) Oregon Medical Board;
  (15) Occupational Therapy Licensing Board;
  (16) Physical Therapist Licensing Board;
  (17) State Board of Psychologist Examiners;
  (18) Board of Medical Imaging;
  (19) Oregon State Veterinary Medical Examining Board;
 { - and - }
  (20) Oregon Health Authority to the extent that the authority
certifies emergency medical technicians  { - . - }  { + ; and
  (21) Durable Medical Equipment Supplier Licensing Board. + }
  SECTION 12. 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 programs:
  (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 680.565;
  (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;
  (9) Body piercing technician registration program and body
piercing facility licensing program, as provided in ORS 690.500
to 690.570;
  (10) Sex Offender Treatment Board, as provided in ORS 675.360
to 675.410;   { - and - }
  (11) Nursing Home Administrators Board, as provided in ORS
678.710 to 678.820  { - . - }  { + ; and
  (12) Durable Medical Equipment Supplier Licensing Board, as
provided in sections 1 to 9 of this 2011 Act. + }
  SECTION 13. 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
provide the boards, councils and programs administered by the
agency with such services and employees as the agency requires to
carry out the agency's 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) The Director of the Oregon Health Licensing Agency shall be
responsible for carrying out the duties, functions and powers
under ORS 675.360 to 675.410, 676.605 to 676.625, 676.992,
678.710 to 678.820, 680.500 to 680.565, 687.405 to 687.495,
687.895, 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 and 694.015 to
694.185 and ORS chapter 700 { +  and sections 1 to 9 of this 2011
Act + }.
  (4) The enumeration of duties, functions and powers in
subsection (3) of this section is not intended to be exclusive or
to limit the duties, functions and powers imposed on or vested in
the Oregon Health Licensing Agency by other statutes.
  SECTION 14. 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 675.385, 678.780,
680.535, 687.445, 688.734, 688.836, 690.167, 690.407, 690.515,
694.147 and 700.111 { +  and section 8 of this 2011 Act + }, the
Oregon Health Licensing Agency may refuse to issue or renew, may
suspend or revoke or may otherwise condition or limit a
certificate, license, permit or registration to practice issued
by the agency or may discipline or place on probation a holder of
a certificate, license, permit or registration for commission of
the prohibited acts listed in subsection (2) of this section.
  (2) A person subject to the authority of a board, council or
program listed in ORS 676.606 commits a prohibited act if the
person engages in:
  (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, license,
permit 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, license, permit or
registration holder.
  (e) Permitting a person other than the certificate, license,
permit or registration holder to use the certificate, license,
permit or registration.
  (f) Practicing with a physical or mental condition that
presents an unreasonable risk of harm to the holder of a
certificate, license, permit or registration or to the person or
property of others in the course of performing the holder'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 duties of a
holder of a certificate, license, permit or registration.
  (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, license, permit
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.
  (p) Selling or fraudulently obtaining or furnishing any
certificate, license, permit or registration to practice in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606, or
aiding or abetting such an act.
  (q) Selling or fraudulently obtaining or furnishing any record
related to practice in a regulated occupation or profession
subject to the authority of the boards, councils and programs
listed in ORS 676.606, or aiding or abetting such an act.
  (r) Failing to pay an outstanding civil penalty or fee that is
due or failing 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, license, permit or registration
that is issued by the agency;
  (b) Applying for renewal of a certificate, license, permit 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, license,
permit 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, license, permit or registration is
suspended, the holder may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
certificate, license, permit 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 15. 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 675.360 to
675.410, 676.617, 678.710 to 678.820, 680.500 to 680.565, 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 9 of this 2011
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 16. 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 680.565 (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);
  (j) ORS 676.617 (single facility licensure);
  (k) ORS 675.360 to 675.410 (sex offender treatment);
  (L) ORS 678.710 to 678.820 (nursing home administrators);
  { - and - }
   { +  (m) Sections 1 to 9 of this 2011 Act (durable medical
equipment suppliers); and + }
    { - (m) - }   { + (n) + } ORS 676.612 (prohibited acts).
  (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 listed in subsection (1) of this section or any 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 17.  { + (1) Sections 4, 5, 6, 7, 8 and 9 of this 2011
Act and the amendments to ORS 676.150, 676.160, 676.612, 676.613
and 676.992 by sections 10, 11, 14, 15 and 16 of this 2011 Act
become operative on January 1, 2012.
  (2) The Oregon Health Licensing Agency and the Durable Medical
Equipment Supplier Licensing Board may take any action necessary
before the operative date specified in subsection (1) of this
section to enable the agency and the board to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
agency and the board by this 2011 Act. + }
  SECTION 18.  { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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