Oregon Statutes - Chapter 678 - Nurses; Nursing Home Administrators - Section 678.780 - Grounds for discipline; confidentiality of information; authorized sanctions; hearings.

(1) The sanctions authorized by subsection (2) of this section may be imposed upon the following grounds:

(a) The employment of fraud or deception in applying for or obtaining a nursing home administrator’s license.

(b) Engaging in conduct in the course of acting as a nursing home administrator involving fraud, dishonesty, malfeasance, cheating or other conduct as the Board of Examiners of Nursing Home Administrators of the State of Oregon may prohibit by rule.

(c) Conviction of a crime involving circumstances that relate to the licensee’s fitness to continue practicing as a nursing home administrator.

(d) Mistake or inadvertence in the issuance of the license by the board.

(e) Physical or mental incapacity that presents an unreasonable risk of harm to the licensee or to the person or property of others in the course of performing the duties of a nursing home administrator.

(f) Use of any controlled substance or intoxicating liquor in a manner that impairs the licensee’s ability to conduct safely the practice for which the licensee is licensed.

(g) The licensee has engaged in conduct that would justify denying a license to an applicant.

(h) Violation of or noncompliance with any applicable provisions of ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990 (2) or of any lawful rule or order of the board or continuous or substantial violations of the rules adopted under ORS 441.055.

(i) Discipline imposed by any other licensing body in this or any other state based on conduct that would be grounds for discipline under this section or rules adopted by the board.

(j) Incompetence in performing the duties of a nursing home administrator as demonstrated by evidence that the licensee either lacks or did not use the knowledge or skill necessary to perform the administrator’s duties in a minimally adequate manner.

(k) Employing or otherwise assisting another person to act as a nursing home administrator with knowledge that the person does not hold a valid license to practice as a nursing home administrator.

(L) Failure to pay a civil penalty imposed against the licensee in a timely manner.

(m) Unprofessional conduct as defined in rules adopted by the board.

(2) Subject to ORS chapter 183, the board may impose any or all of the following sanctions:

(a) Suspend, revoke or refuse to renew any license required by ORS 678.720.

(b) A civil penalty not to exceed $1,000.

(c) Probation, with authority to limit or restrict a license.

(d) Participation in a treatment program for intoxicating liquor or controlled substances.

(3) Hearings under this section must be conducted by an administrative law judge assigned from the Office of Administrative Hearings established by ORS 183.605.

(4) Information that the board obtains as part of an investigation into licensee or applicant conduct or as part of a contested case proceeding, consent order or stipulated agreement involving licensee or applicant conduct is confidential as provided under ORS 676.175. [1971 c.663 §14; 1973 c.58 §1; 1979 c.744 §52; 1985 c.47 §4; 1995 c.643 §4; 1997 c.791 §23; 1999 c.849 §§160,161; 2003 c.75 §58]

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Last modified: August 7, 2008