OAR 851-001-0150: Violations of Declared Governor’s Emergency Declaration

(1) During a declared emergency, conduct derogatory to the standards of nursing includes failing to comply with an applicable provision of a Governor’s Executive Order or any provision of this rule. (2) During a declared emergency, conduct unbecoming a nursing assistant includes failing to comply with an applicable provision of a Governor’s Executive Order or any provision of this rule. (3) Failing to comply includes, but not limited to: (a) Operating a business required by an Executive Order to be closed. (b) Providing services at a business required by Executive Order to be closed. (c) Failing to comply with the Oregon Health Authority (OHA) guidance implementing an Executive Order, including but not limited to: (A) Failing to satisfy required criteria in OHA guidance prior to resuming elective and non-emergent procedures; (B) Failing to implement a measured approach when resuming elective and non-emergency procedures. (d) Failing to comply with the Board’s guidance implementing an Executive Order. (4) Disciplinary action or penalty action will not 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. (5) Conduct derogatory to the practice of nursing is subject to possible disciplinary action by the Board pursuant to ORS 678.111 and ORS 678.117. (6) Conduct unbecoming a nursing assistant is subject to possible disciplinary action by the Board pursuant to ORS 678.442 and ORS 678.117.