Current through Register Vol. 63, No. 9, September 1, 2024
Imposition of a civil penalty does not preclude disciplinary
sanction against the license or certificate holder and disciplinary sanction
against the license or certificate does not preclude imposing a civil penalty.
Criminal conviction does not preclude imposition of a civil penalty for the
same offense.
(1) The Board will
consider factors listed in ORS
678.117(2) when
determining the amount of civil penalty to be imposed and per ORS
678.117(1), no
single violation civil penalty shall exceed $5000.
(2) A civil penalty of up to $100 per day of
occurrence is assessed for the following:
(a)
Practicing as a Licensed Practical Nurse (LPN), Registered Nurse ( RN), Nurse
Practitioner (NP), Certified Registered Nurse Anesthetist (CRNA), Clinical
Nurse Specialist (CNS), Certified Nursing Assistant (CNA), Certified Medication
Aide (CMA) without a current license or certificate or Board required
concurrent national certification; or prescribing, dispensing, or distributing
drugs without current prescription writing authority, due to failure to renew
and continuing to practice.
(b)
Using a limited license to practice nursing for other than its intended
purpose.
(c) Nurses not licensed in
Oregon hired to meet a temporary staffing shortage who fail to make application
for an Oregon license by the day they begin practice in Oregon.
(d) Practicing nursing prior to obtaining an
Oregon license by examination or endorsement unless authorized by ORS
678.031(7) and
OAR 851-001-0145.
(e) Unlicensed practice pursuant including
using an expired limited license to ORS
678.021.
(3) A civil penalty of a minimum $500 to a
maximum of $5000 per violation is assessed for any of the following:
(a) Conduct derogatory to the standards of
nursing or conduct unbecoming a Nursing Assistant.
(b) Violation of any disciplinary sanction
imposed by the Board.
(c)
Conviction of a crime that relates adversely to the practice of nursing or the
ability to practice safely.
(d)
Gross incompetence in the practice of nursing or authorized duties of a CNA,
including duties while working as a CNA
(e) Gross negligence in the practice of
nursing or the authorized duties being a CNA, including duties while working as
a CMA.
(f) Employing any person
without a current Oregon LPN, RN or CRNA, NP or CNS license to function as an
LPN, RN, CRNA, NP or CNS subject to the following conditions:
(A) Knowingly hiring an individual in a
position of an LPN, RN, NP, CRNA or CNS when the individual does not have a
current, valid Oregon license for the position hired, or
(B) Allowing an individual to continue
practicing as an LPN, RN, NP, CRNA or CNS knowing that the individual does not
have a current, valid Oregon license or certificate for the position
hired.
(C) For CNA and CMA the
employer is subject to Oregon Department of Human Services (ODHS) penalties.
The Board will notify ODHS of any violation that becomes known to the
Board.
(g) Employing an
LPN, RN, NP, CRNA, CNS, CNA, CMA without a procedure in place for checking the
current status of that nurse's license or certificate to ensure that only those
with a current, valid Oregon license or certificate be allowed to practice
nursing or perform the authorized duties a CNA.
(h) Supplying false information regarding
conviction of a crime, discipline in another state, physical or mental
illness/physical handicap, or meeting the practice requirement on an
application for initial licensure or re-licensure, or certification or
recertification.
(i) Precepting
nursing student in an Advanced Practice program without verifying their
appropriate licensure, registration, or certification.
