1. (1) Except as provided in section 2 of this rule, the protection against retaliatory action provided for in ORS 441.174(1) and OAR 839-010-0205(6) and (7) does not apply to a nursing staff unless the nursing staff, before making a disclosure to a private accreditation organization or a public body as described in ORS 441.174(1)(a) and OAR 839-010-0205(6)(a):

   1. (a) Gives written notice to a manager of the hospital of the activity, policy, practice or violation of professional standards of practice that the nursing staff reasonably believes poses a risk to public health; and
   2. (b) Provides the manager a reasonable opportunity to correct the activity, policy, practice or violation.

2. (2) A nursing staff is not required to comply with the provisions ORS 441.174(2) and OAR 839-010-0205(1) if the nursing staff:

   1. (a) Is reasonably certain that the activity, policy, practice or violation is known to one or more managers of the hospital or an affiliated hospital and an emergency situation exists;
   2. (b) Reasonably fears physical harm as a result of the disclosure; or
   3. (c) Makes the disclosure to a private accreditation organization or a public body for the purpose of providing evidence of an activity, policy, practice or violation of a hospital or an affiliated hospital that the nursing staff reasonably believes is a crime.

3. (3) For the purposes of subsection (2) of this rule, a nursing staff "reasonably believes is a crime" means:

   1. (a) The activity, policy, practice or violation of law or rule is a crime; or
   2. (b) Whether or not the activity, policy, practice or violation of law or rule is a crime, a reasonable nursing staff in the circumstances would believe that it is a crime.

Statutory/Other Authority

ORS 659A.805 & 441.178

Statutes/Other Implemented

ORS 441.174

History

BLI 2-2015, f. & cert. ef. 1-28-15
BLI 4-2005, f. 1-6-05, cert. ef. 1-7-05