(1) During a
declared emergency, unprofessional or dishonorable conduct includes failing to
comply with any applicable provision of a Governor's Emergency Executive Order
or any provision of this rule.
Failing to comply as described in subsection (1) includes, but is not limited
(a) Operating a business required by an
Emergency Executive Order to be closed;
(b) Providing services at a business required
by an Emergency Executive Order to be closed;
Failing to comply with Oregon Health
Authority (OHA) guidance implementing an Emergency Executive Order, including
but not limited to:
(A) Failing to satisfy
required criteria in OHA guidance prior to resuming elective and non-emergent
(B) Failing to
implement a measured approach when resuming elective and non-emergent
procedures in accordance with OHA guidance;
(d) Failing to comply with any Board guidance
implementing an Emergency Executive Order.
(3) Failure to abide by the requirements of
this rule may result in disciplinary action by the Board.
(4) No disciplinary action or penalty action
shall be taken under this rule if the Emergency Executive Order alleged to have
been violated is not in effect at the time of the alleged violation.
(5) Penalties for violating this rule are
those authorized under ORS
Any such penalties shall be imposed in accordance with ORS Ch. 183.
(6) This rule shall remain in effect so long
as an associated declared state of emergency is in effect. When the declared
state of emergency is not in effect, this rule will not be effective.
Or. Admin. R.
1-2021, adopt filed 04/30/2021, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS