Or. Admin. R. 839-010-0210 - 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(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(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(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.

Notes

Or. Admin. R. 839-010-0210
BLI 4-2005, f. 1-6-05, cert. ef. 1-7-05; BLI 2-2015, f. & cert. ef. 1/28/2015

Stat. Auth: ORS 659A.805 & 441.178

Stats. Implemented: ORS 441.174

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