OAR 851-041-0070: Conduct Unbecoming a Nurse Intern

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.