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

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

   1. (a) Failing to report through proper channels facts known regarding the incompetent, unethical, unsafe, or illegal practice of any health care provider;
   2. (b) Failing to respect the dignity and rights of patients, regardless of social or economic status, age, race, ethnicity, color, religion, gender identification, sexual preference, national origin, marital status, nature of health problems or disability;
   3. (c) Engaging in sexual contact with a patient; or
   4. (d) Soliciting money, gifts or other items or services from a patient.

2. (2) Conduct related to other federal or state regulation violations:

   1. (a) Abusing a patient. The definition of abuse includes, but is not limited to, intentionally causing physical or mental harm or discomfort, striking a patient, intimidating, threatening, or harassing a patient;
   2. (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;
   3. (c) Failing to report actual or suspected incidents of patient abuse through the proper channels in the workplace and to appropriate state agencies;
   4. (d) Aiding, abetting, or assisting an individual to violate or circumvent any law, rule or regulation intended to guide the conduct of a CHDT or other health care provider.

3. (3) Conduct related to communication:

   1. (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, or fabricating data or values;
   2. (b) Altering a patient or agency record that includes, but is not limited to, changing words, letters, or numbers from the original document to mislead the reader of the record; adding to the record after the original time or date without indicating a late entry;
   3. (c) Destroying a patient record or agency record; or
   4. (d) Directing another person to falsify, alter, or destroy a patient or agency record.
4. (4) Conduct related to clinical practice including, but not limited to, performing acts beyond the authorized scope of practice.

5. (5) Conduct related to impaired function:

   1. (a) Practicing as a CHDT when unable or unfit to perform procedures or make decisions due to physical impairment as evidenced by documented deterioration of functioning in the practice setting or by the assessment of a health care provider qualified to diagnose physical condition or status;
   2. (b) Practicing as a CHDT when unable or unfit to perform procedures or make decisions due to psychological or mental impairment as evidenced by documented deterioration of functioning in the practice setting or by the assessment of a health care provider qualified to diagnose mental condition or mental status;
   3. (c) Practicing as a CHDT when physical or mental ability to practice is impaired by use of drugs, alcohol, or mind-altering substances.

6. (6) Conduct related to certification violations:

   1. (a) Allowing another person to use one’s CHDT certificate for any purpose;
   2. (b) Resorting to fraud, misrepresentation, or deceit during the application process for a certificate, while taking the national certification exam, or while obtaining an initial certificate or renewal of a certificate;
   3. (c) Impersonating an applicant or acting as a proxy for an applicant in any national certification exam; or
   4. (d) Disclosing the contents of a national certification exam or soliciting, accepting or compiling information regarding the contents of the exam, before during or after its administration.
7. (7) Failing to cooperate with the Authority in an investigation, including failure to comply with a request for information or documentation.

Statutory/Other Authority

ORS 688.665

Statutes/Other Implemented

ORS 688.655 & 688.665

History

PH 13-2023, amend filed 03/13/2023, effective 07/01/2023
OHD 2-2001, f. & cert. ef. 1-18-01