Or. Admin. Code § 851-063-0090

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

Section 851-063-0090 - Conduct Unbecoming a Nursing Assistant

ORS 670.280 authorizes the Board to discipline nursing assistant certificates for conduct that is not undertaken directly in the course of CNA duties, but that is substantially related to the fitness and ability of the applicant or CNA to engage in activities of the CNA profession for which a CNA certificate is required. Such conduct is considered to be conduct unbecoming a CNA, and includes, but is not limited to:

(1) Conduct related to general fitness to perform nursing assistant authorized duties:

(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) Failing to conform to the essential standards of acceptable and prevailing nursing assistant performance of duties. Actual injury need not be established;

(b) Performing acts beyond the authorized duties except for as allowed for in these rules;

(c) Assuming duties and responsibilities for a person's care without documented preparation for the duties and responsibilities and when competency has not been established and maintained; or

(d) Performing new nursing assistant techniques or procedures without documented education specific to the technique or procedure and supervised clinical experience to establish competency.

(3) Conduct related to client safety and integrity:

(a) Failing to take action to preserve or promote a person's safety based on nursing assistant knowledge, skills, and abilities;

(b) Failing to implement the plan of care developed by the registered nurse;

(c) Failing to report changes in a person's status from the last plan of care made by the registered nurse;

(d) Jeopardizing the safety of a person under the CNA's care;

(e) Leaving or failing to complete a nursing assistant assignment without properly notifying appropriate supervisory personnel and confirming that nursing assistant responsibilities will be met;

(f) Failing 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) Failing 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) Failing to report actual or suspected incidents of abuse, neglect, or mistreatment;

(i) Engaging in or attempting to engage in sexual misconduct with a client in any setting;

(j) Engaging in sexual misconduct in the workplace; or

(k) Failing to maintain professional boundaries.

(4) Conduct related to communication:

(a) Failing to accurately document nursing assistant activities and tasks;

(b) Failing to document nursing assistant activities and task implementation in a timely, accurate, thorough, and clear manner. This includes failing to document a late entry within a reasonable time period;

(c) Entering inaccurate, incomplete, falsified or altered documentation into a health record or into agency records. This includes but is not limited to:

(A) Documenting the provision of services that were not provided;

(B) Failing to document information pertinent to the person's care;

(C) Filling in someone else's charting omissions, or signing someone else's name;

(D) Falsifying data;

(E) Altering or changing words or characters within an existing document to mislead the reader; or

(F) Adding documentation to a health record or agency record without recording the date and time of the event being recorded. This includes late entry documentation that does not demonstrate the date and time of the initial event being documented, the date and time the late entry is being placed into the record, and the signature of the nursing assistant placing the documentation into the record.

(d) Destroying 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;

(e) Directing another individual to falsify, alter or destroy an agency record, a person's health record, or any document prior to the destruction date indicated for type of recorded data or type of document;

(f) Failing to communicate information regarding a person's status to the supervising nurse or other appropriate member of the healthcare team in an on-going and timely manner and as appropriate to the context of care; or

(g) Failing to communicate information regarding the person's status to individuals who are authorized to receive the information and need to know.

(5) Conduct related to interactions with the client's family:

(a) Failing to respect the person's family and the person's relationship with their family;

(b) Using one's title/position as a nursing assistant to exploit a person's family for personal gain or for any other reason;

(c) Stealing money, property, services or supplies from the family;

(d) Soliciting or borrowing money, materials or property from the family; or

(e) Engaging 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) Engaging in violent, abusive or threatening behavior towards a co-worker; or

(b) Engaging in violent, abusive or threatening behavior that relates to the performance of safe care to a person.

(7) Conduct related to safe performance of authorized duties:

(a) Performing authorized duties when unable/unfit to perform nursing assistant activities or tasks 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/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/status.

(b) Performing authorized duties 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) Using a prescription or non-prescription medication, alcohol, or a mind-altering substance to an extent or in a manner dangerous or injurious to the nursing assistant or others, or to an extent that such use impairs the ability to perform the authorized duties safely.

(8) Conduct related to other federal or state statutes/rule violations:

(a) Aiding, abetting or assisting an individual to violate or circumvent any law, rule or regulation intended to guide the conduct of the nursing assistant or other healthcare provider;

(b) Violating the rights of privacy, confidentiality of information, or knowledge concerning the person, unless required by law to disclose such information;

(c) Discriminating against a person on the basis of age, race, religion, gender, gender identity, sex, sexual preference, national origin or disability;

(d) Abusing a person;

(e) Neglecting a person;

(f) Failing to report actual or suspected incidents of abuse through the proper channels in the workplace;

(g) Failing to report actual or suspected incidents of abuse to the appropriate state agency;

(h) Engaging in other unacceptable behavior towards or in the presence of the client. Such behavior includes but is not limited to using derogatory names, derogatory or threatening gestures, or profane language;

(i) Soliciting or borrowing money, materials, or property from the client;

(j) Stealing money, property, services or supplies from the client;

(k) Possessing, obtaining, attempting to obtain, furnishing or administering prescription or controlled medications to any person, including self, except as directed by an individual authorized by law to prescribe medications;

(l) Unauthorized removal or attempted removal of medications, supplies, property, or money from any person or setting;

(m) Unauthorized removal of client records, client information, or facility property, policies or written standards from the workplace;

(n) Using one's role or title as a nursing assistant to defraud a person of their personal property or possessions;

(o) Violating a person's rights of privacy and confidentiality of information by accessing or sharing information without proper authorization to do so or without a demonstrated need to know;

(p) Engaging in unsecured transmission of protected client data;

(q) Failure to report to the Board the CNA's own arrest for a felony crime within ten days of the arrest; or

(r) Failure to report to the Board the CNA's own conviction of a misdemeanor or a felony crime within ten days of the conviction.

(9) Conduct related to certification violations:

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

(b) Functioning as a certified nursing assistant without current certification as a nursing assistant;

(c) Functioning as a certified medication assistant without current certification as a medication assistant;

(d) Representing oneself as a CNA 1 or CNA 2 without current, valid CNA certification;

(e) Allowing another person to use one's nursing assistant certificate for any purpose;

(f) Using another licensee's nursing license or nursing assistant certificate for any purpose;

(g) Impersonating any applicant or acting as a proxy for the applicant in any nursing assistant examination;

(h) 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

(i) Altering a certificate of completion of education or nursing assistant certification issued by the Board.

(10) Conduct related to the certification 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 certification, renewal of certification, 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.

Or. Admin. Code § 851-063-0090

BN 6-1999, f. & cert. ef. 7-8-99; BN 9-2002(Temp), f. & cert. ef. 3-5-02 thru 8-1-02; BN 16-2002, f. & cert. ef. 7-17-02; BN 12-2009, f. & cert. ef. 12-17-09; BN 4-2010(Temp), f. & cert. ef. 4-19-10 thru 10-15-10; BN 15-2010, f. & cert. ef. 9-30-10; BN 7-2014, f. 12-3-14, cert. ef. 1/1/2015; BN 16-2021, amend filed 07/21/2021, effective 8/1/2021

Statutory/Other Authority: ORS 678.442 & ORS 670.280

Statutes/Other Implemented: ORS 678.442 & ORS 670.280