Current through Register Vol. 63, No. 3, March 1, 2024
ORS 670.280 authorizes the Board to
discipline a licensee for conduct that is not undertaken directly in the course
of nurse intern functions, but that is substantially related to the fitness and
ability of the applicant or nurse intern to engage in those functions for which
a nurse intern license is required. Such conduct is conduct unbecoming a nurse
intern and includes, but is not limited to:
(1) Conduct related to general fitness to
perform nurse intern functions:
(a)
Demonstrated incidents of violent, abusive, intimidating, neglectful or
reckless behavior; or
(b)
Demonstrated incidents of dishonesty, misrepresentation, or fraud.
(2) Conduct related to achieving
and maintaining clinical competency:
(a)
Failure to conform to the standards of nurse intern authorized functions.
Actual injury to a client need not be established;
(b) The performance of nurse intern
prohibited acts;
(c) The
performance of acts, functions, or both beyond nurse intern authorized
functions;
(d) Acceptance of an
assignment of any activity that exceed nurse intern authorized functions;
or
(3) Conduct related
to client safety and integrity:
(a) Failure to
take action to preserve or promote a client's safety based on nurse intern
knowledge, skills, and abilities;
(b) Failure to carry out authorized functions
as assigned by the supervising RN;
(c) Failure to report changes in a client's
status from the plan of care;
(d)
Jeopardizing the safety of a client;
(e) Failure to complete a nurse intern
assignment without proper notification of the supervising RN;
(f) Failure to report through proper channels
facts known regarding the incompetent, unethical, unsafe, or illegal practice
of any health care provider pursuant to ORS chapter 676;
(g) Failure to respect the dignity and rights
of clients, inclusive of social or economic status, age, race, religion,
gender, gender identity, sex, sexual orientation, national origin, nature of
health needs, physical attributes, or disability;
(h) Failure to report actual or suspected
incidents of abuse, neglect, or mistreatment;
(i) Engagement in or attempting to engage in
sexual conduct with a client in any setting;
(j) Engagement in sexual conduct in the
workplace; or
(k) Failure to
maintain professional boundaries.
(4) Conduct related to communication:
(a) Failure to accurately document the
performance of nurse intern functions in a timely, thorough, and clear manner.
This includes failing to document a late entry within a reasonable time
period;
(b) The entry of
inaccurate, incomplete, falsified or altered documentation into a health record
or into an agency record. This includes but is not limited to:
(A) The documentation of the performance of
nurse intern functions that were not provided;
(B) Failure to document information pertinent
to a client's care;
(C) Filling in
another person's charting omissions, signing someone else's name, or
both;
(D) Falsifying
data;
(E) Altering words or
characters within an existing document, health record, or both to mislead the
reader; or
(c)
Destruction of an agency record, a person's health record, or any document
prior to the destruction date indicated for the type of recorded data or
document;
(d) Directing another
individual to falsify or alter an agency record, a person's health record, or
both;
(e) Failure to communicate
information regarding a client's status to the supervising RN or other
appropriate member of the healthcare team in an on-going and timely manner and
as appropriate to the context of care; or
(5) Conduct related to interactions with the
client's family:
(a) Failure to respect the
client's family and the client's relationship with their family;
(b) Use of one's title, position, or both, as
a nurse intern to exploit a client's family for personal gain or for any other
reason;
(c) Stealing money,
property, services or supplies from the family;
(d) Solicitation or borrowing money,
materials or property from the family; or
(e) Engagement in unacceptable behavior
towards or in the presence of the client's family. Such behavior includes but
is not limited to using derogatory names, derogatory or threatening gestures,
or profane language.
(6)
Conduct related to relationships with co-workers and health care team members:
(a) Engagement in violent, abusive or
threatening behavior towards a co-worker; or
(b) Engagement in violent, abusive or
threatening behavior that relates to the performance of safe care to a
client.
(7) Conduct
related to safe performance of authorized functions:
(a) Performance of authorized functions when
unable or unfit to perform the functions due to:
(A) Physical impairment as evidenced by
documented deterioration of functioning in the work setting or by the
assessment of an individual qualified by law to diagnose physical condition or
status; or
(B) Psychological or
mental impairment as evidenced by documented deterioration of functioning in
the work setting or by the assessment of an individual qualified by law to
diagnose mental condition or status.
(b) Performance of authorized functions when
physical or mental ability to perform is impaired by use of a prescription or
non-prescription medication, alcohol, or a mind-altering substance;
or
(c) Use of a prescription or
non-prescription medication, alcohol, or a mind-altering substance to an extent
or in a manner dangerous or injurious to the nurse intern or others, or to an
extent that such use impairs the ability to perform the authorized functions
safely.
(8) Conduct
related to other federal or state statutes or rule violations:
(a) To aid, abet or assist an individual to
violate or circumvent any law, rule or regulation intended to guide the conduct
of a Board licensee or any other healthcare provider;
(b) To violate the rights of privacy,
confidentiality of information, or knowledge concerning any person, unless
required by law to disclose such information;
(c) Abuse;
(d) Neglect;
(e) Possession of, obtaining, attempting to
obtain, furnishing or administering prescription or controlled medications to
oneself except as directed by an individual authorized by law to prescribe
medications;
(f) Possessing,
obtaining, attempting to obtain, furnishing or administering prescription or
controlled medications to any person, including self, except as directed by a
person authorized by law to prescribe medications.
(g) Unauthorized removal or attempted removal
of medications, supplies, property, or money from any person or
setting;
(h) Unauthorized removal
of client records, client information, or facility property, policies or
written standards from the workplace;
(i) Violating the rights of privacy and
confidentiality of information of any person by accessing or sharing
information without proper authorization to do so or without a demonstrated
need to know;
(j) Engaging in
unsecured transmission of protected client data;
(k) Failure to report to the Board the nurse
intern's own arrest for a felony crime within ten days of the arrest;
or
(l) Failure to report to the
Board the nurse intern's own conviction of a misdemeanor or a felony crime
within ten days of the conviction.
(9) Conduct related to licensure violations:
(a) Fraud, misrepresentation, or deceit
during the licensure application process;
(b) Functioning as a nurse intern without
current licensure as a nurse intern;
(c) Representing oneself as a nurse intern
without current, valid nurse intern licensure;
(d) Allowing any person to use one's nurse
intern license for any purpose;
(e)
Using another licensee's nursing license, nurse intern license, or nursing
assistant certificate for any purpose;
(f) Impersonating any applicant or acting as
a proxy for the applicant in any nurse intern licensure or certification
examination;
(g) Disclosing
contents of the competency examination or soliciting, accepting or compiling
information regarding the contents of the examination before, during or after
its administration; or
(h) Altering
an Education Attestation Verification form.
(10) Conduct related to the license holder's
relationship with the Board:
(a) Failing to
fully cooperate with the Board during the course of an investigation, including
but not limited to waiver of confidentiality, except attorney-client
privilege.
(b) Failing to answer
truthfully and completely any question asked by the Board on an application for
licensure, during the course of an investigation, or any other question asked
by the Board;
(c) Failing to
provide the Board with any documents requested by the Board; or
(d) Violating the terms and conditions of a
Board order.
Statutory/Other Authority: ORS
678.111, ORS
678.150 & 2022 HB
4003
Statutes/Other Implemented: ORS
678.111 & ORS
678.150