Or. Admin. R. 851-045-0090 - Duty to Report

These standards provide further interpretation of reporting requirements pursuant to ORS 678.135 with application to all licensees, including one's own practice, when behavior or practice presents a potential for, or actual danger to, a client or to the public's health, safety and welfare.

(1) A licensee knowing of a licensed nurse whose nursing practice fails to meet accepted standards for the level at which the nurse is licensed, shall report the nurse to the person in the work setting who has authority to institute corrective action.
(2) A licensee who has knowledge or concern that a nurse's behavior or practice presents a potential for, or actual danger to, a client or to the public's health, safety and welfare, shall initiate a report to be made to the Board.
(3) A licensee who is aware of a licensed nurse's arrest or conviction of a crime related to a client, or related to the public's health, safety, and welfare shall initiate a report to the Board.
(4) Any organization representing licensed nurses shall report a suspected violation of ORS chapter 678, or the rules adopted within, in the manner prescribed by sections (5) and (6) of this rule.
(5) The decision to report a suspected violation of ORS Chapter 678, or the rules adopted within, shall be based on, but not limited to, the following:
(a) The past history of the licensee's performance;
(b) A demonstrated pattern of substandard practice, errors in practice or conduct derogatory to the standards of nursing, despite efforts to assist the licensee to improve practice or conduct through a plan of correction; and
(c) The magnitude of any single occurrence for actual or potential harm to the public's health, safety and welfare.
(6) The following shall always be reported to the Board:
(a) Practicing nursing when the license has become void due to nonpayment of fees;
(b) Practicing nursing as defined in ORS 678.010 unless licensed as an RN, LPN, or CRNA, or certified as a CNS or NP;
(c) Dismissal from employment due to unsafe practice or conduct derogatory to the standards of nursing;
(d) Client abuse or neglect;
(e) A pattern of conduct derogatory to the standards of nursing as defined by the rules of the Board or a single serious occurrence;
(f) Any violation of a disciplinary sanction imposed on the licensee by the Board;
(g) Failure of a nurse not licensed in Oregon and hired to meet a temporary staffing shortage to apply for Oregon licensure by the day the nurse is placed on staff;
(h) Practicing nursing when physical or mental ability to practice is impaired;
(i) An arrest for a felony crime which shall be reported to the Board within 10 days of the arrest; or
(j) A conviction for a misdemeanor or felony crime which shall be reported to the Board within 10 days of the conviction.
(7) Failure of a licensee to comply with these reporting standards may in itself constitute a violation of nursing standards.

Notes

Or. Admin. R. 851-045-0090
BN 4-2008, f. &cert. ef. 6-24-08; BN 8-2017, f. 7-7-17, cert. ef. 8/1/2017

Stat. Auth.: ORS 678.150

Stats. Implemented: ORS 678.150

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