OAR 839-010-0210
Disclosures by Nursing Staff: Exceptions to Retaliatory Action
(1)
Except as provided in section 2 of this rule, the protection against retaliatory action provided for in ORS 441.174(1) and OAR 839-010-0205 (Disclosures by Nursing Staff: Definitions)(6) and (7) does not apply to a nursing staff unless the nursing staff, before making a disclosure to a private accreditation organization or a public body as described in ORS 441.174(1)(a) and OAR 839-010-0205 (Disclosures by Nursing Staff: Definitions)(6)(a):(a)
Gives written notice to a manager of the hospital of the activity, policy, practice or violation of professional standards of practice that the nursing staff reasonably believes poses a risk to public health; and(b)
Provides the manager a reasonable opportunity to correct the activity, policy, practice or violation.(2)
A nursing staff is not required to comply with the provisions ORS 441.174(2) and OAR 839-010-0205 (Disclosures by Nursing Staff: Definitions)(1) if the nursing staff:(a)
Is reasonably certain that the activity, policy, practice or violation is known to one or more managers of the hospital or an affiliated hospital and an emergency situation exists;(b)
Reasonably fears physical harm as a result of the disclosure; or(c)
Makes the disclosure to a private accreditation organization or a public body for the purpose of providing evidence of an activity, policy, practice or violation of a hospital or an affiliated hospital that the nursing staff reasonably believes is a crime.(3)
For the purposes of subsection (2) of this rule, a nursing staff “reasonably believes is a crime” means:(a)
The activity, policy, practice or violation of law or rule is a crime; or(b)
Whether or not the activity, policy, practice or violation of law or rule is a crime, a reasonable nursing staff in the circumstances would believe that it is a crime.
Source:
Rule 839-010-0210 — Disclosures by Nursing Staff: Exceptions to Retaliatory Action, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-010-0210.