OregonState Board of Nursing · Nurse Practice Act Nursing Assistants
Causes for Denial, Reprimand, Suspension, Probation or Revocation of CNA Certificate 851-063-0080 Under the contested case procedure in ORS 183.310 to 183.550 the Board may deny, reprimand, suspend, place on probation or revoke the certificate to perform duties as a CNA for the following causes: (1) Conviction of the nursing assistant of a crime where such crime bears demonstrable relationship to the duties of a nursing assistant; ORS 678.442(2(a) (2) Any willful fraud or misrepresentation in applying for or procuring a certificate or renewal thereof; ORS 678.442(2)(b) (3) Use of any controlled substance or intoxicating liquor to an extent or in a manner injurious to the certificate holder or others or to an extent that such use impairs the ability to conduct safely the duties of a nursing assistant; ORS 678.442(2)(c) (4) Violation of any provision of ORS 678.010 to 678.445 or rules adopted thereunder; ORS 678.442(2)(d) (5) Physical or mental condition that makes the certificate holder unable to perform the duties of a nursing assistant; ORS 678.442(2)(e) (6) Conduct unbecoming a nursing assistant in the performance of duties. ORS 678.442(2)(f) Stat. Auth: ORS 678.442 Stats. Implemented: ORS 678.442
Conduct Unbecoming a Nursing Assistant 851-063-0090 A CNA, regardless of job location, responsibilities, or use of the title “CNA," who, in the performance of nursing related duties, may adversely affect the health, safety or welfare of the public, may be found guilty of conduct unbecoming a nursing assistant. Conduct supervising nurse or other appropriate person in a timely manner. OregonState Board of Nursing · Nurse Practice Act unbecoming a nursing assistant includes but is not limited to: (1) Conduct related to the client’s safety and integrity: (a) Leaving a nursing assistant assignment without properly notifying appropriate supervisory personnel; (b) Failing to report to proper authorities information regarding incompetent, unethical or illegal practice of any health care provider; (c) Failing to respect client rights and dignity regardless of social or economic status, personal attributes or nature of health problems or disability; (d) Failing to report actual or suspected incidents of client abuse; or (e) Engaging in sexual misconduct related to the client or to the workplace. (2) Conduct related to other federal or state statutes/rule violations: (a) Knowingly aiding, abetting or assisting an individual to violate or circumvent any law, rule or regulation intended to guide the conduct of health care providers; (b) Violating the rights of privacy, confidentiality of information or knowledge concerning the client, unless required by law to disclose such information; (c) Discriminating against a client on the basis of age, race, religion, sex, sexual preference, national origin or disability; (d) Abusing a client. The definition of abuse includes but is not limited to intentionally causing physical harm or discomfort, striking a client, intimidating, threatening or harassing a client; (e) Neglecting a client. The definition of neglect includes but is not limited to unreasonably allowing a client to be in physical discomfort or be injured; (f) Engaging in other unacceptable behavior or verbal abuse towards or in the presence of a client such as using derogatory names or gestures or profane language; (g) Using the client relationship to exploit the client by gaining property or other items of value from the client either for personal gain or sale, beyond the compensation for services; (h) Possessing, obtaining, attempting to obtain, furnishing or administering prescription or controlled drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs; or (i) Removing or attempting to remove drugs, supplies, property or money from the workplace without authorization. (3) Conduct related to communication: (a) Inaccurate record keeping in client or agency records; (b) Incomplete record keeping regarding client care; including but not limited to failure to document care given or other information important to the client's care or documentation which is inconsistent with the care given; (c) Falsifying a client or agency record; including but not limited to filling in someone else's omissions, signing someone else's name, recording care not given, fabricating data/values; (d) Altering a client or agency record; including but 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; (e) Destroying a client or agency record; (f) Failing to maintain client records in a timely manner which accurately reflects management of client care, including failure to make a late entry within a reasonable time period; or (g) Failing to communicate information regarding the client's status to the supervising nurse or other appropriate person in a timely manner. (4) Conduct related to the client’s family: (a) Failing to respect the rights of the client's family regardless of social or economic status, race, religion or national origin; (b) Using the CNA client relationship to exploit the family for the CNA’s personal gain or for any other reason; (c) Stealing money, property, services or supplies from the family; or (d) Soliciting or borrowing money, materials or property from the family. (5) Conduct related to co-workers: violent, abusive, threatening, harassing or intimidating behavior towards a co-worker which either occurs in the presence of clients or otherwise relates to the delivery of safe care to clients. (6) Conduct related to achieving and maintaining clinical competency: (a) Failing to competently perform the duties of a nursing assistant; (b) Performing acts beyond the authorized duties for which the individual is certified; or (c) Assuming duties and responsibilities of a nursing assistant without nursing assistant training or when competency has not been established or maintained. (7) Conduct related to impaired function: (a) Using intoxicants, prescription, over the counter or controlled drugs to an extent or in a manner injurious to the nursing assistant or others or to the extent that such use impairs the ability to conduct safely the duties of anursing assistant; or (b) Having a physical or mental condition that makes the nursing assistant unable to perform safely the duties of a nursing assistant. (8) Conduct related to certificate violations: (a) Providing, selling, applying for or attempting to procure a certificate by willful fraud or misrepresentation; (b) Functioning as a medication assistant without current certification as a medication assistant; (c) Altering a certificate of completion of training and/or nursing assistant certification issued by the Board; (d) Disclosing contents of the nursing assistant competency examination; (e) Allowing another person to use one's nursing assistant certificate for any purpose; (f) Using another's nursing assistant certificate for any purpose; or (g) Representing oneself as a CNA without current, valid CNA certification. (9) Conduct related to the certificate holder’s relationship with the Board: (a) Failing to cooperate with the Board during the course of an investigation. The duty to cooperate does not include waiver of confidentiality privileges, except if a client is harmed. This waiver of confidentiality privileges does not apply to client-attorney privilege. (b) Failing to answer truthfully and completely any question asked by the Board on an application for initial certification, renewal of certification or recertification; (c) Failing to provide the Board with any documents requested by the Board; or (d) Violating the terms and conditions of a Board order. Stat. Auth: ORS 678.442 Stats. Implemented: ORS 678.442
Criminal Conviction History/Falsification of Application - Denial of Certification 851-063-0110 (1) The Board has determined that the following crimes bear a demonstrable relationship to the role of a CNA and will issue a Notice to Deny Certification to an applicant for certification, renewal of certification or for reactivation of certification as a nursing assistant, following the provisions of the Administrative Procedure Act in contested case hearings, to persons who have been convicted as an adult, or found responsible except for mental illness, or adjudicated as a juvenile for the following crimes as set forth in Oregon law or comparable law in other jurisdictions: (a) Aggravated murder, as in ORS 163.095 and 115; (b) First Degree Manslaughter, as in ORS 163.118; (c) Second Degree Manslaughter, as in ORS 163.125; (d) First Degree Assault, as in ORS 163.185; (e) Second Degree Assault, as in ORS 163.175; (f) First Degree Criminal Mistreatment, as in ORS 163.205; (g) Second Degree Criminal Mistreatment, as in ORS 163.200; (h) First Degree Kidnapping, as in ORS 163.235; (i) First Degree Rape, as in ORS 163.375; (j) Second Degree Rape, as in ORS 163.365; (k) Third Degree Rape, as in ORS 163.355; (l) First Degree Sodomy, as in ORS 163.405; (m) Second Degree Sodomy, as in ORS 163.395; (n) Third Degree Sodomy, as in ORS 163.385; (o) First Degree Unlawful Sexual Penetration, as in ORS 163.411; (p) Second Degree Unlawful Sexual Penetration, as in ORS 163.408; (q) First Degree Sexual Abuse, as in ORS 163.427; (r) Second Degree Sexual Abuse, as in ORS 163.425; (s) Contributing to the Sexual Delinquency of a Minor, as in ORS 163.435; (t) Sexual Misconduct, as in ORS 163.445; (u) Child Abandonment, as in ORS 165.535. (2) Any individual who applies for certification as a nursing assistant, who has a history of arrests and convictions over an extended period of time, will be issued a Notice to Deny Certification following the provisions of the Administrative Procedure Act in contested case hearings. (3) All other applicants with conviction histories, other than those listed above, including crimes which are drug and alcohol related, will be considered on an individual basis. The following factors will be considered by the Board: (a) Evidence of rehabilitation; (b) The length of time since the conviction to the time of application for certification as a nursing assistant; (c) The circumstances surrounding the commission of the crime which demonstrate that a repeat offense is not likely; and (d) Character references. (4) Any individual who applies for certification as a nursing assistant, and supplies false or incomplete information to the Board on an application for certification regarding the individual's criminal conviction record, may be issued a Notice to Deny Certification under the provisions of the Oregon Administrative Procedure Act in contested case hearings. Stat. Auth: ORS 678.442 Stats. Implemented: ORS 678.442 851-063-0040 amended 2/9/06 851-063-0010, 0020, 0030, 0040, 0050, 0060, 0070, 0080, 0100 amended 11/20/03 851-063-0060 amended 4/10/03 851-063-0090 amended 6/20/02 851-063-0060 amended 2/14/02 851-063-0010, 851-063-0020, 851-063-0030, 851-063-0040, 851-063-0050, 851-063- 0060, 851-063-0070, 851-063-0080, 851-063-0090, 851-063-0100 and 851-063-0110
adopted 6/17/99
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