Complaint process; Health Licensing Office authority to impose additional civil penalties

(1) The Health Licensing Office shall establish a process to receive and investigate complaints regarding a temporary staffing agency authorized under ORS 676.698 or current or former personnel of a temporary staffing agency, including any current or former personnel employed by a temporary staffing agency or for whom a temporary staffing agency procured temporary employment or that the temporary staffing agency referred or assigned to temporary employment. The process established under this section must allow any person to submit a complaint. The office shall investigate a complaint received through the process established under this section and shall report its findings to the complainant and the temporary staffing agency to which the complaint relates. (2) The office may impose civil penalties on a temporary staffing agency in addition to the civil penalties described in ORS 676.725, or revoke, suspend or impose conditions on the authorization of a temporary staffing agency pursuant to criteria adopted by the Oregon Health Authority by rule, and in circumstances including but not limited to the following: (a) If personnel currently or formerly employed by a temporary staffing agency, or for whom a temporary staffing agency procures temporary employment or that the temporary staffing agency refers or assigns to temporary employment: (A) Engages in abuse, neglect or exploitation of a patient, resident, client or consumer of the entity that engaged the temporary staffing agency; (B) Engages in conduct that presents a threat to the health, safety or welfare of others, including but not limited to a patient, resident, client, consumer or employee of the entity that engaged the temporary staffing agency; or (C) Does not meet the qualifications or requirements for the position in which the personnel is working, including but not limited to qualifications or requirements for knowledge, skills or experience or professional authorization; or (b) If the temporary staffing agency is not in compliance with ORS 676.698, 676.704, 676.707, 676.716, 676.719 or 676.722 or rules adopted under ORS 676.698, 676.704, 676.707, 676.716, 676.719 or 676.722.