Or. Admin. Code § 333-275-0130

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-275-0130 - Dishonorable Conduct Derogatory for a Hemodialysis Technician Defined

A CHDT whose conduct fails to conform to the standards for certified hemodialysis technicians, or who may adversely affect the health, safety, and welfare of the public, may be found to have committed dishonorable conduct for a CHDT. Such conduct shall include, but is not limited to, the following:

(1) Conduct related to the patient's safety and integrity:

(a) Failing to report through proper channels facts known regarding the incompetent, unethical, unsafe, or illegal practice of any health care provider;

(b) Failing to respect the dignity and rights of patients, regardless of social or economic status, age, race, religion, sex, sexual preference, national origin, nature of health problems or disability;

(c) Engaging in sexual contact with a patient.

(2) Conduct related to other federal or state statute/rule violations:

(a) Abusing a patient. The definition of abuse includes, but is not limited to, intentionally causing physical and/or mental harm or discomfort, striking a patient, intimidating, threatening, or harassing a patient;

(b) Neglecting a patient. The definition of neglect includes, but is not limited to, carelessly allowing a patient to be in physical discomfort or be injured;

(c) Failing to report actual or suspected incidents of patient abuse through the proper channels in the work place and to the appropriate state agencies;

(d) Aiding, abetting, or assisting an individual to violate or circumvent any law, rule or regulation intended to guide the conduct of CHDTs or other health care providers.

(3) Conduct related to communication:

(a) Falsifying a patient or agency record; including, but not limited to, filling in another person's omissions, signing another person's name, recording care not given, fabricating data/values;

(b) Altering a patient or agency record: this includes, but is not limited to, changing words/letters/numbers from the original document to mislead the reader of the record, adding to the record after the original time/date without indicating a late entry;

(c) Destroying a patient or agency record;

(d) Directing another person to falsify, alter, or destroy patient or agency records.

(4) Conduct related to clinical practice: Performing acts beyond the authorized scope of practice.

(5) Conduct related to impaired function:

(a) Practicing as a CHDT when unable/unfit to perform procedures and/or make decisions due to physical impairment as evidenced by documented deterioration of functioning in the practice setting and/or by the assessment of a health care provider qualified to diagnose physical condition/status;

(b) Practicing as a CHDT when unable/unfit to perform procedures and/or make decisions due to psychological or mental impairment as evidenced by documented deterioration of functioning in the practice setting and/or by the assessment of a health care provider qualified to diagnose mental condition/status;

(c) Practicing as a CHDT when physical or mental ability to practice is impaired by use of drugs, alcohol, or mind-altering substances.

(6) Conduct related to certification violations:

(a) Allowing another person to use one's CHDT certification for any purpose;

(b) Resorting to fraud, misrepresentation, or deceit during the application process for certification, while taking the certification exam, or while obtaining initial certification or renewal of certification;

(c) CHDT impersonating any applicant or acting as a proxy for the applicant in any certification examination;

(d) Disclosing the contents of the certification examination or soliciting, accepting or compiling information regarding the contents of the examination, before during or after its administration.

Or. Admin. Code § 333-275-0130

OHD 2-2001, f. & cert. ef. 1-18-01; PH 13-2023, amend filed 03/13/2023, effective 7/1/2023

Statutory/Other Authority: ORS 688.625 - 688.665

Statutes/Other Implemented: ORS 688.655(2)