Or. Admin. Code § 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(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
Stat. Auth: ORS 659A.805 & 441.178
Stats. Implemented: ORS 441.174
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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
Stat. Auth: ORS 659A.805 & 441.178
Stats. Implemented: ORS 441.174