OAR 839-010-0205: Disclosures by Nursing Staff: Definitions

For purposes of ORS 441.174 and these rules: (1) "Affiliated hospital" means a hospital that has a business relationship with another hospital. (2) "Hospital" means an acute inpatient care facility as defined in ORS 442.470 or a hospital as described in ORS 442.015: (a) "Acute inpatient care facility" means a licensed hospital with an organized medical staff, with permanent facilities that include inpatient beds, and with comprehensive medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims. ORS 442.470. (b) "Hospital" means a facility with an organized medical staff, with permanent facilities that include inpatient beds and with medical services, including physician services and continuous nursing services under the supervision of registered nurses, to provide diagnosis and medical or surgical treatment primarily for but not limited to acutely ill patients and accident victims, to provide treatment for the mentally ill or to provide treatment in special inpatient care facilities. ORS 442.015. (3) "Manager" means a person who: (a) Has authority to direct and control the work performance of nursing staff; (b) Has authority to take corrective action regarding a violation of law or a rule or a violation of professional standards of practice, about which a nursing staff has complained; or (c) Has been designated by a hospital to receive the notice described in ORS 441.174(2) and OAR 839-010-0210(1). (4) "Nursing staff" means a registered nurse, a licensed practical nurse, a nursing assistant or any other assistive nursing personnel. (5) "Public body" has the meaning given that term in ORS 30.260. (6) "Retaliatory action" means the discharge, suspension, demotion, harassment, denial of employment or promotion, or layoff of a nursing staff, or other adverse action taken against a nursing staff in the terms or conditions of employment of the nursing staff by a hospital, because the nursing staff: (a) Discloses or intends to disclose to a manager, a private accreditation organization or a public body an activity, policy or practice of the hospital or of a hospital that the nursing staff reasonably believes is in violation of law or a rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; (b) Provides information to or testifies before a private accreditation organization or a public body conducting an investigation, hearing or inquiry into an alleged violation of law or rule or into an activity, policy or practice that may be in violation of professional standards of practice by a hospital that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; (c) Objects to or refuses to participate in any activity, policy or practice of a hospital that the nursing staff reasonably believes is in violation of law or rule or is a violation of professional standards of practice that the nursing staff reasonably believes poses a risk to the health, safety or welfare of a patient or the public; or (d) Participates in a committee or peer review process or files a report or a complaint that discusses allegations of unsafe, dangerous or potentially dangerous care. (7) For purposes of subsection (6) of this rule, "other adverse action" includes, but is not limited to: (a) Constructive discharge as defined in OAR 839-005-0035; (b) A significant or material change in a term or condition of employment, such as transferring a nursing staff to another location, shift or work schedule, or reducing work hours or remuneration for services; (c) Making a decision that causes a significant or material change in an employment benefit; (d) Removal of significant or material duties or responsibilities; (e) Restriction or prohibition of access to the hospital or other facility, whether or not the action affects or will affect pay or other compensation; (f) Withholding career-advancing opportunities such as training or participation in seminars or committees; or (g) Supervisory reprimands, warnings of possible dismissal or withholding of work. (8) For purposes of ORS 441.174 and these rules, a nursing staff "reasonably believes" if: (a) A reasonable nursing staff in the circumstances would believe that an activity, policy or practice of a hospital: (A) Is in violation of law or a rule or is in violation of professional standards of practice; or (B) Poses a risk to the health, safety or welfare of a patient or the public; or (b) An activity, policy or practice is in violation of law or rule or is in violation of professional standards of practice.