Oregon Board of Nursing

Rule Rule 851-045-0070
Conduct Derogatory to the Standards of Nursing Defined


Conduct that adversely affects the health, safety, and welfare of the public, fails to conform to legal nursing standards, or fails to conform to accepted standards of the nursing profession, is conduct derogatory to the standards of nursing. Such conduct includes, but is not limited to:

(1)

Conduct related to general fitness to practice nursing:

(a)

Demonstrated incidents of violent, abusive, intimidating, neglectful or reckless behavior; or

(b)

Demonstrated incidents of dishonesty, misrepresentation, or fraud.

(2)

Conduct related to achieving and maintaining clinical competency:

(a)

Failing to conform to the essential standards of acceptable and prevailing nursing practice. Actual injury need not be established;

(b)

Performing acts beyond the authorized scope or beyond the level of nursing for which the individual is licensed; or

(c)

Accepting an assignment when individual competency necessary to safely perform the assignment have not been established or maintained.

(3)

Conduct related to the client’s safety and integrity:

(a)

Developing, modifying, or implementing policies that jeopardize client safety;

(b)

Failing to take action to preserve or promote the client’s safety based on nursing assessment and judgment;

(c)

Failing to develop, implement or modify the plan of care;

(d)

Assigning persons to perform functions for which they are not prepared to perform or that are beyond their scope of practice, authorized duties, or job functions;

(e)

Failing to clinically supervise persons to whom an assignment has been made;

(f)

Assuming duties and responsibilities within the practice of nursing when competency has not been established or maintained;

(g)

Improperly delegating the performance of a nursing procedure to a UAP;

(h)

Failing to clinically supervise a UAP to whom a nursing procedure has been delegated.

(i)

Leaving or failing to complete any nursing assignment, including a supervisory assignment, without notifying the appropriate personnel and confirming that nursing assignment responsibilities will be met;

(j)

Failing to report through proper channels, facts known regarding the incompetent, unethical, unsafe or illegal practice of any health care provider pursuant to ORS chapter 676;

(k)

Failing to respect the dignity and rights of clients, inclusive of social or economic status, age, race, religion, gender, gender identity, sexual orientation, national origin, nature of health needs, physical attributes, or disability;

(l)

Failing to report actual or suspected incidents of abuse, neglect or mistreatment;

(m)

Engaging in or attempting to engage in sexual contact with a client in any setting;

(n)

Engaging in sexual misconduct with a client in the workplace;

(o)

Failing to establish or maintain professional boundaries with a client; or

(p)

Using social media to communicate, post, or otherwise distribute protected client data including client image and client identifiers.

(4)

Conduct related to communication:

(a)

Failure to accurately document nursing interventions and nursing practice implementation;

(b)

Failure to document nursing interventions and nursing practice implementation in a timely, accurate, thorough, and clear manner. This includes failing to document a late entry within a reasonable time period;

(c)

Entering inaccurate, incomplete, falsified or altered documentation into a health record or agency records. This includes but is not limited to:

(A)

Documenting nursing practice implementation that did not occur;

(B)

Documenting the provision of services that were not provided;

(C)

Failing to document information pertinent to a client’s care;

(D)

Documenting someone else’s charting omissions or signing someone else’s name;

(E)

Falsifying data;

(F)

Altering or changing words or characters within an existing document to mislead the reader; or

(G)

Entering late entry documentation into the record that does not demonstrate the date and time of the initial event documented, the date and time the late entry is being placed into the record, and the signature of the licensee entering the late entry to the record.

(d)

Destroying a client or agency record to conceal a record of care;

(e)

Directing another individual to falsify, alter or destroy an agency record, a client’s health record, or any document to conceal a record of care;

(f)

Failing to communicate information regarding the client’s status to members of the health care team in an ongoing and timely manner as appropriate to the context of care; or

(g)

Failing to communicate information regarding the client’s status to other individuals who are authorized to receive information and have a need to know.

(5)

Conduct related to the client’s family:

(a)

Failing to be respectful to the client’s family and the client’s relationship with their family.

(b)

Using one’s title or position as a nurse to exploit the client’s family for personal gain or for any other reason;

(c)

Stealing money, property, services or supplies from the client’s family;

(d)

Soliciting or borrowing money, materials or property from the client’s family; or

(e)

Engaging in unacceptable behavior towards, or in the presence of, the client’s family. Such behavior includes, but is not limited to, using derogatory names, derogatory or threatening gestures, or profane language.

(6)

Conduct related to co-workers and health care team members:

(a)

Engaging in violent, abusive or threatening behavior towards a co-worker; or

(b)

Engaging in violent, abusive, or threatening behavior that relates to the delivery of safe nursing services.

(7)

Conduct related to impaired function:

(a)

Practicing nursing when unable or unfit due to:

(A)

Physical impairment as evidenced by documented deterioration of functioning in the practice setting or by the assessment of an LIP qualified to diagnose physical condition or status; or

(B)

Psychological or mental impairment as evidenced by documented deterioration of functioning in the practice setting or by the assessment of an LIP qualified to diagnose mental conditions or status.

(b)

Practicing nursing when physical or mental ability to practice is impaired by use of a prescription or non-prescription medication, alcohol, or a mind-altering substance; or

(c)

The use of a prescription or non-prescription medication, alcohol, or a mind-altering substance, to an extent or in a manner dangerous or injurious to the licensee or others or to an extent that such use impairs the ability to conduct safely the practice of nursing.

(8)

Conduct related to other federal or state statute or rule violations:

(a)

Aiding, abetting, or assisting an individual to violate or circumvent any law, rule or regulation intended to guide the conduct of nurses or other health care providers;

(b)

Violating the rights of privacy, confidentiality of information, or knowledge concerning the client, unless required by law to disclose such information;

(c)

Discriminating against a client on the basis of age, race, religion, gender, gender identity, sexual preference, national origin or disability;

(d)

Abusing a client;

(e)

Neglecting a client;

(f)

Failing to report actual or suspected incidents of client abuse to the appropriate state agencies;

(g)

Failing to report actual or suspected incidents of client abuse or neglect through the proper channels in the workplace;

(h)

Engaging in other unacceptable behavior towards or in the presence of a client. Such conduct includes but is not limited to using derogatory names, derogatory gestures or profane language;

(i)

Soliciting or borrowing money, materials, or property from the client;

(j)

Stealing money, property, services or supplies from the client;

(k)

Possessing, obtaining, attempting to obtain, furnishing, or administering prescription or controlled medications to any person, including self, except as directed by a person authorized by law to prescribe medications;

(l)

Unauthorized removal or attempted removal of medications, supplies, property, or money from anyone in the work place;

(m)

Unauthorized removal of client records, client information, facility property, policies or written standards from the work place;

(n)

Using one’s role as a nurse to defraud a person of their personal property or possessions;

(o)

Violating a person’s rights of privacy and confidentiality of information by accessing information without proper authorization or without a demonstrated need to know;

(p)

Engaging in unsecured transmission of protected client data;

(q)

Failing to dispense or administer medications in a manner consistent with state and federal law;

(r)

Failure to release a client’s health record within 60 days from receipt of written notice for release of records. This includes requests for records after closure of practice;

(s)

Improper billing practices including the submission of false claims;

(t)

Failing to properly maintain records after closure of practice or practice setting;

(u)

Failure to notify client of closure of practice and of the location of their health records;

(v)

Failure to report to the Board the licensee’s arrest for a felony crime within 10 days of the arrest; or

(w)

Failure to report to the Board the licensee’s conviction of a misdemeanor or a felony crime within 10 days of the conviction.

(9)

Conduct related to licensure or certification violations:

(a)

Resorting to fraud, misrepresentation or deceit during the application process for licensure or certification, while taking the examination for licensure or certification, obtaining initial licensure or certification, or renewal of licensure or certification;

(b)

Practicing nursing without a current Oregon license or certificate;

(c)

Practicing as an NP or CNS without a current Oregon certificate;

(d)

Practicing as a CRNA without a current Oregon CRNA license;

(e)

Allowing another person to use one’s nursing license or certificate for any purpose;

(f)

Using another person’s nursing license or certificate for any purpose;

(g)

Impersonating an applicant or acting as a proxy for the applicant in any nurse licensure or certification examination; or

(h)

Disclosing the contents of a nurse licensure or certification examination or soliciting, accepting or compiling information regarding the contents of the examination before, during or after its administration.

(10)

Conduct related to the licensee’s relationship with the Board:

(a)

Failing to fully cooperate with the Board during the course of an investigation, including but not limited to, waiver of confidentiality privileges, except client-attorney privilege;

(b)

Failing to answer truthfully and completely any question asked by the Board on an application for licensure or during the course of an investigation or any other question asked by the Board;

(c)

Failing to provide the Board with any documents requested by the Board;

(d)

Violating the terms and conditions of a Board order; or

(e)

Failing to comply with the terms and conditions of Health Professionals’ Services Program agreements.

(11)

Conduct related to advanced practice nursing:

(a)

Ordering laboratory or other diagnostic tests or treatments or therapies for one’s self;

(b)

Prescribing for or dispensing medications to one’s self;

(c)

Using self-assessment and diagnosis as the basis for the provision of care which would otherwise be provided by a client’s professional caregiver; or

(d)

Ordering unnecessary laboratory or other diagnostic test or treatments for the purpose of personal gain.
Source

Last accessed
Jun. 8, 2021