OAR 833-110-0041: Compliance with the Governor’s Executive Orders during a Governor declared emergency.

(1) During a Governor declared emergency, gross negligence includes failing to comply with any applicable provision of a Governor’s Executive Order or any provision of this rule. (2) Failing to comply as described in subsection (1) includes, but is not limited to: (a) Engaging in the practice of a profession required by an Executive Order to be closed; (b) Operating a business required by an Executive Order to be closed; (c) Failing to comply with the requirements of Oregon Health Authority (OHA) guidance implementing an Executive Order, including but not limited to: (A) Failing to screen clients in accordance with OHA guidance prior to providing services; (B) Failing to limit the number of individuals inside the premises or implement other protocols necessary to maintain physical distancing of six (6) feet; (C) Failing to implement OHA guidance on mask and face coverings; and (D) Failing to clean and disinfect in accordance with OHA guidance. (d) Failing to comply with any requirements of a Board of Licensed Professional Counselors and Therapists guidance implementing an Executive Order. (3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation. (4) The Board may impose sanctions for violations of this rule in accordance with ORS 675.745. Note: Copies of the Governor’s Executive Orders are available at: https://www.oregon.gov/gov/admin/Pages/executive-orders.aspx Copies of Oregon Health Authority Guidance are available at: https://govstatus.egov.com/OR-OHA-COVID-19