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TO: All Interested Parties FROM: Ruby R. Jason Executive Director DATE: October 2020 SUBJECT: ADMINISTRAIVE RULEMAKING HEARING REGARDING THE ADOPTION OF THE AMENDMENTS TO OAR 851-063 (STANDARDS AND AUTHORIZED DUTIES FOR THE CERTIFIED NURSING ASSISTANT AND MEDICATION AIDE) On Tuesday, November 17, 2020, at 6:30 p.m., the Oregon State Board of Nursing will hold a hearing regarding the adoption of the proposed amendments to Chapter 851, Division 63, of the Oregon Administrative Rules regarding Standards and Authorized Duties for the Nursing Assistant and Medication Aide. Due to the COVID-19 pandemic and gathering restrictions, the administrative rule hearing will be held utilizing electronic media only. Please access the link on the main page of the OSBN website, www. Oregon.gov/OSBN, for instructions on how to provide verbal testimony during the Administrative Rule Hearing. If you are unable to attend the hearing, you may submit written comments on the proposed rules no later than 5:00 p.m. on November 13, 2020, and they will be incorporated into the testimony received at the hearing. The Board will consider the testimony and vote on the Administrative rule amendments during the Board meeting on November 19, 2020. Please send comments to [email protected]. Note: Comments sent to any other e-mail shall not be considered. Attached is a copy of the Notice of Proposed Rulemaking for this hearing. The Board is authorized by ORS 678.380 to establish and amend such rules. The Board looks forward to receiving your input.

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Page 1: SUBJECT: ADMINISTRAIVE RULEMAKING HEARING ......other e-mail shall not be considered. Attached is a copy of the Notice of Proposed Rulemaking for this hearing. The Board is authorized

TO: All Interested Parties FROM: Ruby R. Jason Executive Director DATE: October 2020 SUBJECT: ADMINISTRAIVE RULEMAKING HEARING REGARDING THE

ADOPTION OF THE AMENDMENTS TO OAR 851-063 (STANDARDS AND AUTHORIZED DUTIES FOR THE CERTIFIED NURSING ASSISTANT AND MEDICATION AIDE)

On Tuesday, November 17, 2020, at 6:30 p.m., the Oregon State Board of Nursing will hold a hearing regarding the adoption of the proposed amendments to Chapter 851, Division 63, of the Oregon Administrative Rules regarding Standards and Authorized Duties for the Nursing Assistant and Medication Aide. Due to the COVID-19 pandemic and gathering restrictions, the administrative rule hearing will be held utilizing electronic media only. Please access the link on the main page of the OSBN website, www. Oregon.gov/OSBN, for instructions on how to provide verbal testimony during the Administrative Rule Hearing. If you are unable to attend the hearing, you may submit written comments on the proposed rules no later than 5:00 p.m. on November 13, 2020, and they will be incorporated into the testimony received at the hearing. The Board will consider the testimony and vote on the Administrative rule amendments during the Board meeting on November 19, 2020. Please send comments to [email protected]. Note: Comments sent to any other e-mail shall not be considered. Attached is a copy of the Notice of Proposed Rulemaking for this hearing. The Board is authorized by ORS 678.380 to establish and amend such rules. The Board looks forward to receiving your input.

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OFFICE OF THE SECRETARY OF STATE

BEV CLARNO

SECRETARY OF STATE

JEFF MORGAN

INTERIM DEPUTY SECRETARY OF STATE

ARCHIVES DIVISION

STEPHANIE CLARK

DIRECTOR

800 SUMMER STREET NE

SALEM, OR 97310

503-373-0701

NOTICE OF PROPOSED RULEMAKINGINCLUDING STATEMENT OF NEED & FISCAL IMPACT

CHAPTER 851

BOARD OF NURSING

FILED10/27/2020 11:55 AMARCHIVES DIVISION

SECRETARY OF STATE

FILING CAPTION: Revisions to Standards and Authorized Duties for the Certified Nursing Assistant and Certified

Medication Aide

LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 11/17/2020 8:00 PM

The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic

impact of the rule on business.

CONTACT: Peggy Lightfoot

971-673-0638

[email protected]

17938 SW Upper Boones Ferry Road

Portland,OR 97224

Filed By:

Peggy Lightfoot

Rules Coordinator

HEARING(S) Auxilary aids for persons with disabilities are available upon advance request. Notify the contact listed above.

DATE: 11/17/2020

TIME: 6:30 PM

OFFICER: Peggy Board Lightfoot

ADDRESS: Oregon Board of Nursing

17938 SW Upper Boones Ferry Road

Portland, OR 97224

SPECIAL INSTRUCTIONS:

Due to the COVID-19 pandemic and

gathering restrictions, it is possible

that the administrative rule hearing

will be held utilizing electronic media

only. Please check the OSBN website

(www.oregon.gov/OSBN) prior to the

hearing date to determine if the

hearing has changed to electronic

media, and how to obtain access.

NEED FOR THE RULE(S):

Division 63 of the Oregon Nurse Practice Act was reviewed in its entirety for clarity, relevancy, and ease of reading.

Proposed changes include: Adding new CNA 1 authorized duties, providing clarification on some of the current

authorized duties, moving some of the current CNA 2 duties to CNA 1 authorized duties, adding new CNA 2 authorized

duties, and making a provision for a CNA 1 to perform some specific tasks with additional training and competency

validation outside of the education program.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

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2019 Edition ORS Chapter 678 located at: https://www.oregonlegislature.gov/bills_laws/ors/ors678.html

Division 63 of the Oregon Nurse Practice Act located at:

https://sos.oregon.gov/archives/Pages/oregon_administrative_rules.aspx

FISCAL AND ECONOMIC IMPACT:

None

COST OF COMPLIANCE:

(1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the

rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the

expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost

of professional services, equipment supplies, labor and increased administration required to comply with the rule(s).

There will be some minimal costs associated with creating an evaluation plan if the program doesn't already have a plan

in place.

DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S):

Some members of the CNA/CMA Advisory Group represent small businesses and they were involved in the

development of these rules.

WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED? NO IF NOT, WHY NOT?

An Administrative Rule Advisory Committee was not assembled. However, these changes were drafted with

consultation from the CNA/CMA Advisory Group and other interested stakeholders.

RULES PROPOSED:

851-063-0030, 851-063-0035, 851-063-0070, 851-063-0090, 851-063-0100

AMEND: 851-063-0030

RULE SUMMARY: Proposed revisions are for clarification and reorganization of CNA 1 authorized duties, and adds

new authorized duties to CNA 1.

CHANGES TO RULE:

851-063-0030

Authorized Duties and Standards for Certified Nursing Assistant 1 (CNA 1) ¶

(1) Under the supervision and at the direction of a licensed nurse, the CNA may provide care and assist clients with

the following tasks:¶

(a) Tasks associated with communication and interpersonal skills:¶

(A) Answering and placing call signalsllaboration with health care team:¶

(A) Accepting assignments and delegations;¶

(B) Handing off care to another nursing assistant;¶

(BC) Coaching and mentoring other nursing assistant students; and¶

(D) Orienting other nursing assistants to workflow and environment.¶

(b) Tasks associated with communication and interpersonal skills:¶

(A) Answering and placing call signals;¶

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(CB) Communicating with clients, family members, and co-workers;¶

(DC) Maintaining confidentiality;¶

(ED) Reporting abuse, mistreatment, and neglect; and¶

(FE) Utilizing de-escalation techniques.¶

(bc) Tasks associated with person-centered care.¶

(cA) Following the individual's plan of care and providing feedback to nurse on care plan;¶

(B) Organizing daily routines for a group of people according to the individuals' preferences and the individual care

plans; and¶

(C) Protecting and respecting a person's rights.¶

(d) Tasks associated with infection control and prevention including Standard or Transmission Based

Precautions:¶

(A) Assisting with coughing and deep breathingHandwashing and hand hygiene;¶

(B) Utilizing personal protective equipment;¶

(BC) Bedmaking and handling of linenMaintaining client hygiene and grooming;¶

(CD) Caring for the client's environment;¶

(DE) Handling and disposal of hazardous wastesCleaning shared equipment;¶

(EF) Handling of contaminated materials;¶

(F) HandwashBedmaking and handling of linen;¶

(G) Delivering and handling anfood hand hygienedrinks;¶

(GH) Implementing precautions associated with communicable and infectious diseases;¶

(HI) ImplemenClipping hair in preparation for surgical procedure;¶

(J) Giving Chlorhexidine bath;¶

(K) Executing neutropenic precautions;¶

(IL) Maintaining client cleAssisting with coughing and deep breathing;¶

(M) Handling of contaminated materials;¶

(N) Handliness and groomg of disposal of hazardous wastes;¶

(O) Changing; and wound vacuum canister;¶

(JP) Utilizing personal protective equipment.Applying a simple dressing to a dry, non-infected wound; and¶

(de) Tasks associated with safety and emergency procedures:¶

(A) Implementing bleeding, cervical, hip, and sternal precautions;¶

(B) Moving and transferring clientsa person;¶

(C) Transporting clientsa person in a wheelchairs and or other specialized chairs;¶

(D) Turning and positioning clientsa person;¶

(E) Using lifts and safe client handling devices;¶

(F) Turning oxygen on and off or transferring oxygen between wall, concentrator, and tank at pre-established flow

rate for stable clientindividuals;¶

(G) Managing hazards in the workplace;¶

(H) Preventing burns;¶

(I) Preventing falls; and¶

(J) Performing cardiopulmonary resuscitation.¶

(ef) Tasks associated with activities of daily living (ADL):¶

(A) Assisting with nutrition and hydration:¶

(i) Measuring and recording height and weight;¶

(ii) Measuring and recording intake and output;¶

(iii) Positioning clientsa person for nutritional and fluid intake;¶

(iv) Preventing choking and aspiration;¶

(v) Preventing dehydration; and¶

(vi) Thickening liquids; and¶

(vii) Utilizing techniques for assisting with eating.¶

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(B) Assisting with elimination:¶

(i) Administering bowel evacuation suppositories that are available without a prescription;¶

(ii) Administering enemas;¶

(iii) Assisting with the use of bedpan and urinal;¶

(iv) Assisting with toileting;¶

(v) CollectProviding specimens; sputum, stool, and urine including clean catch urine specimensrineal and

incontinence care;¶

(vi) Applying external catheters;¶

(vii) Connecting external catheters to suction;¶

(viii) Providing catheter care includ;¶

(ix) Changing cathe application of and removal ofter bag;¶

(x) Removing external urinary catheters;¶

(vixi) Providing ostomy care for established, healthy ostomy including cleaning the ostomy site and emptying the

ostomy bag or changing the dressing or ostomy appliance or bag; and¶

(vixii) ProvidCollecting sperineal and incontinence carecimens; sputum, stool, and urine including clean catch

urine specimens.¶

(C) Assisting with personal care:¶

(i) Bathing;¶

(ii) Providing comfort care;¶

(iii) Dressing and undressing;¶

(iv) Grooming to include: a¶

(I) Application and care of dentures, eye glasses,; and¶

(II) Application and care of hearing aids.¶

(v) Nail care for fingernails and toenails ofn persons with uncompromised circulation;¶

(vi) Oral hygiene;no visually compromised skin or compromised circulation:¶

(I) Soaking and washing;¶

(II) Trimming with standard clippers with a depth no greater than 6mm;¶

(III) Applying lotion; and¶

(IV) Recognizing risk factors.¶

(vi) Oral hygiene:¶

(I) Brushing and flossing teeth; and may include medication mouthwash and toothpaste;¶

(II) Inserting, removing, and cleaning dentures;¶

(III) Caring for implants; and¶

(IV) Performing mouth care on a comatose person.¶

(vii) Personal care considerations for persons who have tubes or special equipment;¶

(viii) Shampooing and caring for hair;¶

(ix) Shaving; and¶

(x) Skin Care to include: application of non-prescription pediculicides; application of¶

(I) Electric razor;¶

(II) Cartridge or disposable razor; and¶

(III) Recognizing safety risks.¶

(x) Skin Care to include:¶

(I) Pediculicides that can be obtained without a prescription;¶

(II) Applying topical barrier creams and, ointments, and wipes for skin care; ma¶

(III) Applying anti-fungal ointmenance ofts and powders;¶

(IV) Maintaining skin integrity; p¶

(V) Prevention ofng pressure, friction, and shearing; and use of anti-pressure devices;¶

(VI) Using pressure relieving devices;¶

(xi) Sleep to include:¶

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(I) Applying and removing delivery device and turn continuous positive airway pressure (CPAP) or bi-level positive

airway (BiPAP) devices on and off; and¶

(II) Promoting sleep.¶

(D) Assisting with positioning devices and restraints;¶

(E) Assisting with restorative care:¶

(i) Ambulating;¶

(ii) Applying, turn on and off, sequential compression devices;¶

(iii) Assisting a person in and out of continuous passive motion (CPM) machine;¶

(iv) Assisting with and encouraging the use of self-help devices for eating, grooming and other personal care tasks

ambulation, dressing, eating, grooming, positioning and transferring;¶

(iv) Assisting with bowel and bladder training;¶

(vi) Assisting with ADL programs;¶

(vii) Assisting with the use of crutches, walkers, or wheelchairs;¶

(viii) Assisting with warm and cold therapies;¶

(viiix) Caring for, applying, and removing antiembolus stockings, braces, orthotic devices, and prosthetic devices;¶

(ix) Elevating extremities;¶

(xi) Maintaining alignment;¶

(xii) Performing range of motion exercises;¶

(xiii) Reinforcing task sequence by breaking down tasks into small, obtainable steps;¶

(xiiiv) Reinforcing the use of an incentive spirometer;¶

(xiv) Using footboards; and¶

(xvi) Utilizing devices for transferring, ambulation, and alignment.¶

(fg) Tasks associated with collaboration with health care team.¶

(gmental health and social service needs:¶

(A) Recognizing and reporting relevant observations of domestic violence, mental illness or substance abuse;¶

(B) Protecting client, self, and other individuals when in a situation where an individual's behavior is escalating out

of control;¶

(C) Providing trauma-informed care;¶

(D) Appropriately executing tools for behavior management; and¶

(E) Utilizing appropriate harmless release techniques.¶

(h) Tasks associated with technical skills:¶

(A) Changing a suction canister;¶

(B) Measuring, recording, and emptying output from drainage devices and closed drainage systems;¶

(C) Performing fingerstick capillary blood test;¶

(D) Removing mask after nebulizer treatment; and¶

(E) Scanning glucometer sensor.¶

(i) Tasks associated with observation and reporting:¶

(A) Observing and reporting changes of condition to licensed nurse; and¶

(B) Measuring and recording:¶

(i) Temperature, apical and radial pulse, respiration and blood pressure (manual and electronic- forearm, lower leg,

thigh, upper arm and orthostatic blood pressure readings);¶

(ii) Emesis;¶

(iii) Liquid stool;¶

(iv) Pain level using a facility approved pain scale;¶

(v) Pulse oximetry; and¶

(vi) Urinary output, both voided and from urinary drainage systems.¶

(h) Tasks associated with documentation.¶

(i) Tasks associated with end of life C) Relieving pain:¶

(i) Assisting with complementary therapies such as aromatherapy and using pre-recorded audio/visuals for guided

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imagery; deep relaxation;¶

(ii) Planning activities in relation to pain;¶

(iii) Providing comfort measures;¶

(iv) Reporting to the nurse;¶

(v) Repositioning; and¶

(vi) Using touch to massage non-diseased tissue.¶

(j) Tasks associated with documentation.¶

(A) Recording care provided; and¶

(B) Documenting incidents.¶

(k) Tasks associated with end of life care.¶

(A) Providing comfort care for the dying individual and their family; and¶

(B) Caring for the deceased individual including removing non-surgically inserted tubes:¶

(i) Feeding tube;¶

(ii) Rectal bag;¶

(iii) Foley Catheter;¶

(iv) Nasogastric tube; and¶

(v) Saline lock.¶

(l) Tasks associated with caregiver self-care.¶

(2) The CNA may, as an unlicensed person, provide care as delegated or assigned by a nurse in a CBCcommunity-

based care setting.¶

(3) ORS 678.440(5) defines the term "nursing assistant" as a person who assists licensed nursing personnel in the

provision of nursing care. Consistent with that definition, a CNA must either:¶

(a) Be regularly supervised by a licensed nurse; or¶

(b) Work under licensed nurse monitoring in a CBCcommunity-based care setting or other setting where there is

no regularly scheduled presence of a licensed nurse provided there is periodic supervision and evaluation of

clients.¶

(4) Under no circumstance shall a CNA work independently without supervision or monitoring by a licensed nurse

who provides assessment of clients as described in OAR 851-063-0030(3)(a)(b).¶

(5) A CNA may accept verbal or telephone orders for medication from a licensed health care professional who is

authorized to independently diagnose and treat only when working in the following settings under the specified

administrative rule:¶

(a) When working in Adult Foster Homes, as permitted under OAR Chapter 411, division 50;¶

(b) When working in Residential Care Facilities, as permitted under OAR Chapter 411, division 54; and¶

(c) When working in Assisted Living Facilities, as permitted under OAR Chapter 411, division 54.¶

(6) A CNA may add phlebotomy to the authorized duties when the individual CNA has:¶

(a) Obtained and holds current phlebotomy certification from one of the following: American Society for Clinical

Pathology (ASCP) Board of Certification, National Phlebotomy Association (NPA), Association of Phlebotomy

Technicians (ASPT), American Association of Bioanalysts (ABOR), American Certification Agency for Healthcare

Professionals (ACA), American Medical Technologists (AMT), or successful completion of phlebotomy specific

military education program; and¶

(b) Maintained competency in performing phlebotomy; and¶

(c) Been assigned the task by an Oregon licensed nurse according to the employer's policy.¶

(7) A CNA may add child safety seat check to the authorized duties when the individual CNA has:¶

(a) Successfully completed a national child passenger safety certification program;¶

(b) Maintained competency in child passenger seat safety; and¶

(c) Been assigned the task by an Oregon licensed nurse according to the employer's policy.¶

(8) A CNA may add telemetry monitoring to the authorized duties when the individual CNA has:¶

(a) Successfully completed a dysrhythmia recognition course;¶

(b) Maintained competency in rhythm interpretation; and¶

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(c) Been assigned the task by an Oregon licensed nurse according to the employer's policy.¶

(9) A CNA may add to the authorized duties discontinuing a saline lock, discontinuing a urethrally inserted

catheter, or scanning a bladder when:¶

(a) An RN who has the knowledge and skills necessary to teach the task(s):¶

(A) Develops the educational curriculum;¶

(B) Teaches the Board-approved curriculum to the CNA employed at a specific site; and¶

(C) Develops the mechanisms for validating that the CNA has initial and ongoing competency to perform the task;

and¶

(b) The CNA has:¶

(A) Successfully completed education on the task;¶

(B) Maintained competency in the task; and¶

(C) Been assigned the task by an Oregon licensed nurse according to the employer's policy.¶

(610) Standards of Care for Certified Nursing Assistants. In the process of client care the CNA shall consistently:¶

(a) Apply standard precautions according to the Centers for Disease Control and Prevention guidelines;¶

(b) Use hand hygiene between episodes of care;¶

(c) Use appropriate body mechanics to prevent injury to self and client;¶

(d) Follow the care plan as directed by the licensed nurse;¶

(e) Use appropriate communication with client, client's family and friends, and coworkers;¶

(f) Use alternatives to physical restraints, or apply physical restraints as directed by the licensed nurse;¶

(g) Determine absence of pulse or respiration, and initiate an emergency response;¶

(h) Report to the licensed nurse any recognized abnormality in client's signs and symptoms;¶

(i) Record observations and measurements, tasks completed, and client statements about condition or care;¶

(j) Apply safety concepts in the workplace;¶

(k) Report signs of abuse, neglect, mistreatment, misappropriation or exploitation;¶

(l) Demonstrate respect for rights and property of clients and coworkers; and¶

(m) Maintain client confidentiality.

Statutory/Other Authority: ORS 678.440, ORS 678.442, ORS 678.444

Statutes/Other Implemented: ORS 678.440, ORS 678.442, ORS 678.444

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AMEND: 851-063-0035

RULE SUMMARY: Proposed revisions are for clarification and reorganization of CNA 2 authorized duties, and adds new

CNA 2 a authorized duties.

CHANGES TO RULE:

851-063-0035

Authorized Duties and Standards for Certified Nursing Assistant 2 (CNA 2) ¶

(1) Under the supervision and at the direction of a licensed nurse, a CNA 2, in addition to the CNA 1 authorized

duties, may provide care and assist clients with the following:¶

(a) Tasks associated with communication and interpersonal skills including:¶

(A) Coaching and mentoring peers; and¶

(B) Crisis intervention.¶

(b) Tasks associated with observation and reporting:¶

(A) Observing and collecting pain responses; andllaboration with health care team:¶

(A) Receiving report from outgoing staff;¶

(B) Giving report to oncoming staff;¶

(BC) RHelieving pain:¶

(i) Assisting with complementary therapies such as using pre-recorded audio/visuals for guided imagery; deep

relaxation.¶

(ii) Planning activities in relation to pain;¶

(iii) Providing comfort measures;¶

(iv) Reporting to the nurse;¶

(v) Repositioning; and¶

(vi) Using touch to massage non-diseased tissue.¶

(C) Understanding the concept of Situation, Background, Assessment (Observation), Recommendation, and Read-

back/Review (SBARR)ping clients navigate the acute care system; and¶

(D) Working with medical translators.¶

(b) Tasks associated with communication and interpersonal skills including crisis intervention.¶

(c) Tasks associated with person-centered care:;¶

(A) Embracing the friendship philosophy of care;¶

(B) Positively impacting the environment for person with dementiaMeeting individual person's needs, preference,

and abilities; and¶

(CB) Cultural responsivenessProviding culturally competent care.¶

(d) Tasks associated with technical skills:¶

(A) Adjusting oxygen rate of flow;¶

(B) Applyinginfection control and premoving delivery device and turning continuous positive airway pressure

(CPAP) or bilevel positive airway (BiPAP) devices on and off;¶

(C) Bladder scanning;vention including Standard or Transmission-Based Precautions:¶

(DA) Clipping hair in preparation for surgical procedureObtaining a throat swab;¶

(EB) DiscontObtainuing salurine lock;¶

(F) Fingerstick capillary blood testing;specimen from port of catheter; and¶

(GC) Interrupting and re-establishing nasogastric (NG) suction;¶

(H) Obtaining nasal or rectal swab;Working in positive and negative airflow rooms.¶

(Ie) Placing electrodes/leads and run electrocardiogram (EKG);¶

(J) Placing electrodes/leads for telemetry;¶

(K) Removing casts in non-emergent situations;Tasks associated with safety and emergency procedures:¶

(LA) ScreImplementing newborn hearing;¶

(M) Setting up traction equipmentpreventive/protection strategies;¶

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(NB) Suctioning nose or oral pharynx;¶

(O) Testing stool for occult bloodMinimizing safety risks; and¶

(PC) Urine dip stick testingTransporting a person.¶

(ef) Tasks associated with infection prevention and control:¶

(A) Establactivities of daily living:¶

(A) Assishting and maintaining a sterile field;¶

(B) Obtaining urine specimen from port of catheter;with nutrition and hydration of infants and children:¶

(Ci) Discontinuing Foley catheters;¶

(D) Measuring, recAssisting with breastfeeding by suppordting and emptying output from drainage devices and

closed drainage systems; and¶

(E) Changing wound vac canisters.¶

(f) Tasks associated with safety:¶

(A) Implementing preventive/protective strategiesreinforcing instructions;¶

(ii) Assisting with human breast milk pumping;¶

(iii) Handling, storing, and transporting breast milk;¶

(iv) Preparing infant formula or breast milk for feeding; and¶

(Bv) Minimizing safety risks.¶

(g) Tasks associated with promoting nutrition and hydrationAssisting with and feeding infants by bottle.¶

(AB) Adding fluid to established post pyloric, jejunostomy and gastrostomy tube feedings;¶

(BC) Changing established post pyloric, jejunostomy and gastrostomy tube feeding bags; and¶

(CD) Pausing and resuming established post pyloric, jejunostomy and gastrostomy tube feedings to provide

personal care;¶

(hE) Tasks associated with promoting functional abilities:¶

(A) Assisting persons in and out of continuous passive motion (CPM) machinesDiscontinuing a urethrally inserted

catheter;¶

(BF) Performing range of motion on persons with complex medical problems: fragile skin, at risk for pathological

fractures, spasticity, and contractures;¶

(CG) Therapeutic positioning in a variety of situations and considering a person's condition including but not

limited to bridging and proning; and¶

(DH) Use ofing adaptive, assistive and therapeutic equipment:¶

(i) Ankle and foot orthotics;¶

(ii) Braces;¶

(iii) Established traction equipment: remove and re-apply;¶

(iv) Foot lifter; and¶

(v) Splints.¶

(i) Tasks associated with end-of-life care:g) Tasks associated with mental health and social service needs.¶

(h) Tasks associated with technical skills:¶

(A) Adjusting oxygen rate of flow;¶

(B) Attaining transcutaneous bilirubin meter reading;¶

(C) Discontinuing a saline lock;¶

(D) Interrupting and re-establishing nasogastric (NG) suction;¶

(E) Irrigating ears;¶

(F) Measuring arm and leg circumference;¶

(G) Measuring blood pressure with a Doppler;¶

(AH) Comfort care; andPerforming newborn critical congenital heart disease screening utilizing pulse oximetry;¶

(I) Performing dipstick urine test;¶

(J) Placing electrodes/leads and run electrocardiogram (EKG);¶

(K) Placing electrodes/leads for telemetry;¶

(BL) Removal of non-surgically inserted tubes and devices from post-mortem persons.¶

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(j) Tasks associated with documentationing casts in non-emergent situations;¶

(M) Scanning bladder;¶

(N) Screening newborn hearing;¶

(O) Setting up traction equipment;¶

(P) Suctioning nose or oral pharynx; and¶

(Q) Testing stool for occult blood.¶

(i) Tasks associated with observation and reporting:¶

(A) Recognizing and reporting changes that deviate from an individual's norm;¶

(B) Observing and collecting pain responses; and¶

(C) Performing comfort and pain relief measures;¶

(D) Providing input on an individual's response to interventions and care plan approaches.¶

(j) Tasks associated with documentation.¶

(k) Tasks associated with end-of-life care:¶

(A) Supporting palliative and hospice care; and¶

(B) Caring for organ and tissue donor.¶

(2) Standards of Care for CNA 2. In the process of client care the CNA 2 shall consistently apply standards set for

CNA 1s and:¶

(a) Establish competency as a CNA 2;¶

(b) Maintain competency as a CNA 2;¶

(c) Perform only authorized duties for which the CNA 2 has established competency.

Statutory/Other Authority: ORS 678.440, ORS 678.442

Statutes/Other Implemented: ORS 678.440, ORS 678.442

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AMEND: 851-063-0070

RULE SUMMARY: Proposed revisions are to change the terminology from “training” to “education” to reflect the

judgment and reasoning required in the medication aide role. Updated terminology from licensed independent

practitioner to an individual authorized by law to independently diagnose and treat.

CHANGES TO RULE:

851-063-0070

Authorized Duties and Standards for Certified Medication Aide (CMA) ¶

(1) Under supervision by a licensed nurse, a CMA may administer:¶

(a) Oral, sublingual and buccal medications;¶

(b) Eye medications with the exception of eye medications to new post-operative eye clients;¶

(c) Ear medications;¶

(d) Nasal medications;¶

(e) Rectal medications;¶

(f) Vaginal medications;¶

(g) Skin ointments, topical medications including patches and transdermal medications;¶

(h) Medications by gastrostomy and jejunostomy tubes;¶

(i) Premeasured medication delivered by Aerosol/Nebulizer; and¶

(j) Medications delivered by metered hand-held inhalers.¶

(2) Administration of PRN Medications. A CMA may administer PRN medications (including controlled

substances) to stable clients according to physician's or nurse practitioner's orders in the following

circumstances:¶

(a) In response to specific client requests:¶

(A) Client request must be reported to licensed nurse; and¶

(B) Client response must be reported to licensed nurse.¶

(b) At the direction of the licensed nurse, when:¶

(A) A licensed nurse assesses the patient prior to administration of the PRN medications; and¶

(B) A licensed nurse assesses the patient following the administration of the PRN medication.¶

(3) A CMA may:¶

(a) Administer regularly scheduled controlled substances;¶

(b) Jointly witness wasted controlled substances with a licensed nurse;¶

(c) Count controlled substances with a licensed nurse or another CMA;¶

(d) Perform capillary blood glucose (CBG);¶

(e) Turn oxygen on and off at predetermined, established flow rate;¶

(f) Add fluid to established jejunostomy or gastrostomy tube feedings and change established tube feeding bags;

and¶

(g) Accept verbal or telephone orders for medication from a licensed health care professional who is authorized to

independently diagnose and treat. Such acceptance can occur only when the CMA is working in the following

settings under the specified administrative rules:¶

(A) Adult Foster Homes, as permitted under OAR Chapter 411, division 050;¶

(B) Residential Care Facilities, as permitted under OAR Chapter 411, division 054; and¶

(C) Assisted Living Facilities, as permitted under OAR Chapter 411, division 054.¶

(4) A CMA may not administer medications by the following routes:¶

(a) Central lines;¶

(b) Colostomy;¶

(c) Intramuscular;¶

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(d) Intrathecal;¶

(e) Intravenous;¶

(f) Nasogastric;¶

(g) Nonmetered inhaler;¶

(h) Subcutaneous;¶

(i) Intradermal;¶

(j) Urethral;¶

(k) Epidural; or¶

(l) Endotracheal.¶

(5) A CMA may not administer the following kinds of medications:¶

(a) Barium and other diagnostic contrast media; or¶

(b) Chemotherapeutic agents except oral maintenance chemotherapy.¶

(6) A CMA may not administer medication by, nor assume responsibility for, medication pumps, including client

controlled analgesia.¶

(7) A CMA may not act as a clinical teaching associate to a student in a medication aide trainingeducation

program.¶

(8) In a community-based care setting, a CMA may, as an unlicensed person, provide care as delegated or assigned

by a licensed nurse.¶

(9) Standards of Care for a certified medication assistant. In the process of client care a CMA shall consistently

apply standards set for CNAs and:¶

(a) Establish competency as a CMA;¶

(b) Maintain competency as a CMA;¶

(c) Perform within Authorized Duties;¶

(d) Follow written instructions of a LIPn individual authorized by law to independently diagnose and treat as

transcribed in the medication administration record (MAR); and¶

(e) Accurately record on the MAR medications administered, medications withheld or refused and the reason why

a medication was withheld or refused.

Statutory/Other Authority: ORS 678.440, ORS 678.442, ORS 678.444, ORs 678.445

Statutes/Other Implemented: ORS 678.440, ORS 678.442, ORS 678.444

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AMEND: 851-063-0090

RULE SUMMARY: Proposed revisions are for clarification of language and ease of reading.

CHANGES TO RULE:

851-063-0090

Conduct Unbecoming a Nursing Assistant ¶

A CNA, regardless of job location, responsibilities, or use of the title "CNA," whose behavior fails to conform to the

legal standard and accepted standards of the nursORS 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 ing assistantctivities of the CNA

profession, for who may adversely affect the health, safety or welfare of the public, may be found guilty of conduct

unbecoming a nursing assistant. Such conductich a CNA certificate is required. Such conduct is considered to be

conduct unbecoming a CNA, and includes, but is not limited to:¶

(1) Conduct, regardless of setting, 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 assessmentplan 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 information or 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 the person receiving nursing services, regardlessclients, inclusive of

social or economic status, age, race, religion, gender, gender identity, sex, sexual orientation, national origin,

nature of health needs, other 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:¶

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(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 a LIPn 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 a LIPn 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 drugmedication, alcohol, or a mind-altering substance; or¶

(c) Using a prescription or non-prescription drugmedication, 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;¶

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

appropriate state agencies;¶

(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 drug

medications to any person, including self, except as directed by a LIPn individual authorized by law to prescribe

drugmedications;¶

(jl) Unauthorized removal or attempted removal of any drugmedications, supplies, property, or money from any

person or setting;¶

(km) Unauthorized removal of client records, client information, or facility property, policies or written standards

from the workplace;¶

(ln) Using one's role or title as a nursing assistant to solicit or borrow money, materials, property or possessions

from a client or the client's family for personal gain or saledefraud a person of their personal property or

possessions;¶

(mo) 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;¶

(np) 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¶

(or) 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 trainingeducation 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.

Statutory/Other Authority: ORS 678.442, ORS 670.280

Statutes/Other Implemented: ORS 678.442, ORS 670.280

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AMEND: 851-063-0100

RULE SUMMARY: Proposed revisions are for for clarification of language and ease of reading.

CHANGES TO RULE:

851-063-0100

Conduct Unbecoming a Certified Medication Aide ¶

A certified medication aide is subject to discipline as a CNA as described in these rules. In addition, a CMA is

subject to discipline for conduct unbecoming a medication aide. Such conduct includes but is not limited to:¶

(1) Failing to administer medications as ordered by a LIPn individual authorized by law to prescribe medications;¶

(2) Failing to document medications as administered, medications withheldwithheld, wasted, or refused ands well

as the reason a medication was withheld, wasted, or refused.¶

(3) Violating the individual's rights, including the right to refuse medication;¶

(4) Altering or falsifying medication administration record;¶

(45) Altering or falsifying CNA or CMA certificate;¶

(56) Diverting drugmedications for use by self or others;¶

(67) Accepting a verbal order or telephone order for medication from a LIPn individual authorized by law to

prescribe medications, except as allowed in authorized duties;¶

(78) Performing acts beyond the authorized duties for which the individual is certified;¶

(89) Working as a CMA without CMA Certification;¶

(910) Performing client care tasks other than authorized in these rules;¶

(101) Representing oneself as a CMA without current CMA certification; or¶

(112) Failing to conform to the standards and authorized duties in these rules.

Statutory/Other Authority: ORS 678.442

Statutes/Other Implemented: ORS 678.442

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Oregon State Board of Nursing ▪ Oregon Administrative Rules

Division 63 Effective August 1, 2021 (Revised October 26, 2020) Page 1

Division 63 1

2

Standards and Authorized Duties for the 3

Certified Nursing Assistant and 4

Certified Medication Aide 5

6 7 851-063-0010 8 Purpose of Authorized Duties and Standards 9 (1) To identify the range of authorized duties which may be performed by the certified nursing 10

assistant (CNA) and certified medication aide (CMA) in the process of assisting a licensed nurse; 11 (2) To serve as a guide to the Board to evaluate safe and effective assistance in nursing care; and 12 (3) To establish standards and conduct unbecoming for CNAs and CMAs. 13 14 Stat. Auth.: ORS 678.440, 678.442 & 678.444 15 Stats. Implemented: ORS 678.440, 678.442 & 678.444 16 Hist.: BN 6-1999, f. & cert. ef. 7-8-99; BN 3-2004, f. 1-29-04, cert. ef. 2-12-04; BN 7-2014, f. 12-3-14, 17 cert. ef. 1-1-15 18 19 20 851-063-0030 21 Authorized Duties and Standards for Certified Nursing Assistants 22 (1) Under the supervision and at the direction of a licensed nurse, the CNA may provide care and 23

assist clients with the following tasks: 24 (a) Tasks associated with collaboration with health care team: 25

(A) Accepting assignments and delegations; 26 (B) Handing off care to another nursing assistant; 27 (C) Coaching and mentoring nursing assistant students; and 28 (D) Orienting other nursing assistants to workflow and environment. 29

(b) Tasks associated with communication and interpersonal skills: 30 (A) Answering and placing call signals; 31 (B) Communicating with clients, family members, and co-workers; 32 (C) Maintaining confidentiality; 33 (D) Reporting abuse, mistreatment, and neglect; and 34 (E) Utilizing de-escalation techniques. 35

(c) Tasks associated with person-centered care. 36 (A) Following the individual’s plan of care and providing feedback to nurse on care 37

plan; 38 (B) Organizing daily routines for a group of people according to the individuals’ 39

preferences and the individual care plans; and 40 (C) Protecting and respecting a person’s rights. 41

(d) Tasks associated with infection control and prevention including Standard or 42 Transmission Based Precautions: 43 (A) Handwashing and hand hygiene; 44 (B) Utilizing personal protective equipment; 45 (C) Maintaining client hygiene and grooming; 46

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Oregon State Board of Nursing ▪ Oregon Administrative Rules

Division 63 Effective August 1, 2021 (Revised October 26, 2020) Page 2

(D) Caring for the client’s environment; 1 (E) Cleaning shared equipment; 2 (F) Bedmaking and handling of linen; 3 (G) Delivering and handling food and drinks; 4 (H) Implementing precautions associated with communicable and infectious 5

diseases; 6 (I) Clipping hair in preparation for surgical procedure; 7 (J) Giving Chlorhexidine bath; 8 (K) Executing neutropenic precautions; 9 (L) Assisting with coughing and deep breathing; 10 (M) Handling of contaminated materials; 11 (N) Handling of disposal of hazardous wastes; 12 (O) Changing a wound vacuum canister; 13 (P) Applying a simple dressing to a dry, non-infected wound; and 14

(e) Tasks associated with safety and emergency procedures: 15 (A) Implementing bleeding, cervical, hip, and sternal precautions; 16 (B) Moving and transferring a person; 17 (C) Transporting a person in a wheelchair or other specialized chairs; 18 (D) Turning and positioning a person; 19 (E) Using lifts and safe client handling devices; 20 (F) Turning oxygen on and off or transferring oxygen between wall, concentrator, and 21

tank at pre-established flow rate for stable individuals; 22 (G) Managing hazards in the workplace; 23 (H) Preventing burns; 24 (I) Preventing falls; and 25 (J) Performing cardiopulmonary resuscitation. 26

(f) Tasks associated with activities of daily living (ADL): 27 (A) Assisting with nutrition and hydration: 28

(i) Measuring and recording height and weight; 29 (ii) Measuring and recording intake and output; 30 (iii) Positioning a person for nutritional and fluid intake; 31 (iv) Preventing choking and aspiration; 32 (v) Preventing dehydration; 33 (vi) Thickening liquids; and 34 (vii) Utilizing techniques for assisting with eating. 35

(B) Assisting with elimination: 36 (i) Administering bowel evacuation suppositories that are available without 37

a prescription; 38 (ii) Administering enemas; 39 (iii) Assisting with the use of bedpan and urinal; 40 (iv) Assisting with toileting; 41 (v) Providing perineal and incontinence care; 42 (vi) Applying external catheters; 43 (vii) Connecting external catheters to suction; 44 (viii) Providing catheter care; 45 (ix) Changing catheter bag; 46 (x) Removing external urinary catheter; 47 (xi) Providing ostomy care for established, healthy ostomy including cleaning 48

the ostomy site and emptying the ostomy bag or changing the dressing 49 or ostomy appliance or bag; and 50

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Oregon State Board of Nursing ▪ Oregon Administrative Rules

Division 63 Effective August 1, 2021 (Revised October 26, 2020) Page 3

(xii) Collecting specimens; sputum, stool, and urine including clean catch 1 urine specimens. 2

(C) Assisting with personal care: 3 (i) Bathing; 4 (ii) Providing comfort care; 5 (iii) Dressing and undressing; 6 (iv) Grooming to include: 7

(I) Application and care of eye glasses; and 8 (II) Application and care of hearing aids. 9

(v) Nail care for fingernails and toenails on person with no visually 10 compromised skin or compromised circulation: 11 (I) Soaking and washing; 12 (II) Trimming with standard clippers with a depth no greater than 13

6mm; 14 (III) Applying lotion; and 15 (IV) Recognizing risk factors. 16

(vi) Oral hygiene: 17 (I) Brushing and flossing teeth; and may include medication 18

mouthwash and toothpaste; 19 (II) Inserting, removing, and cleaning dentures; 20 (III) Caring for implants; and 21 (IV) Performing mouth care on a comatose person. 22

(vii) Personal care considerations for persons who have tubes or special 23 equipment; 24

(viii) Shampooing and caring for hair; 25 (ix) Shaving; 26

(I) Electric razor; 27 (II) Cartridge or disposable razor; and 28 (III) Recognizing safety risks. 29

(x) Skin Care to include: 30 (I) Pediculicides that can be obtained without a prescription; 31 (II) Applying topical barrier creams, ointments, and wipes for skin 32

care; 33 (III) Applying anti-fungal ointments and powders; 34 (IV) Maintaining skin integrity; 35 (V) Preventing pressure, friction, and shearing; and 36 (VI) Using pressure relieving devices; 37

(xi) Sleep to include: 38 (I) Applying and removing delivery device and turn continuous 39

positive airway pressure (CPAP) or bi-level positive airway 40 (BiPAP) devices on and off; and 41

(II) Promoting sleep. 42 (D) Assisting with positioning devices and restraints; 43 (E) Assisting with restorative care: 44

(i) Ambulating; 45 (ii) Applying, turn on and off, sequential compression devices; 46 (iii) Assisting a person in and out of continuous passive motion (CPM) 47

machine; 48 (iv) Assisting with and encouraging the use of self-help devices for 49

ambulation, dressing, eating, grooming, positioning and transferring; 50 (v) Assisting with bowel and bladder training; 51

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Division 63 Effective August 1, 2021 (Revised October 26, 2020) Page 4

(vi) Assisting with ADL programs; 1 (vii) Assisting with the use of crutches, walkers, or wheelchairs; 2 (viii) Assisting with warm and cold therapies; 3 (ix) Caring for, applying, and removing antiembolus stockings, braces, 4

orthotic devices, and prosthetic devices; 5 (x) Elevating extremities; 6 (xi) Maintaining alignment; 7 (xii) Performing range of motion exercises; 8 (xiii) Reinforcing task sequence by breaking down tasks into small, obtainable 9

steps; 10 (xiv) Reinforcing the use of an incentive spirometer; 11 (xv) Using footboards; and 12 (xvi) Utilizing devices for transferring, ambulation, and alignment. 13

(g) Tasks associated with mental health and social service needs: 14 (A) Recognizing and reporting relevant observations of domestic violence, mental 15

illness or substance abuse; 16 (B) Protecting client, self, and other individuals when in a situation where an 17

individual’s behavior is escalating out of control; 18 (C) Providing trauma-informed care; 19 (D) Appropriately executing tools for behavior management; and 20 (E) Utilizing appropriate harmless release techniques. 21

(h) Tasks associated with technical skills: 22 (A) Changing a suction canister; 23 (B) Measuring, recording, and emptying output from drainage devices and closed 24

drainage systems; 25 (C) Performing fingerstick capillary blood test; 26 (D) Removing mask after nebulizer treatment; and 27 (E) Scanning glucometer sensor. 28

(i) Tasks associated with observation and reporting: 29 (A) Observing and reporting changes of condition to licensed nurse; and 30 (B) Measuring and recording: 31

(i) Temperature, apical and radial pulse, respiration and blood pressure 32 (manual and electronic- forearm, lower leg, thigh, upper arm and 33 orthostatic blood pressure readings); 34

(ii) Emesis; 35 (iii) Liquid stool; 36 (iv) Pain level using a facility approved pain scale; 37 (v) Pulse oximetry; and 38 (vi) Urinary output, both voided and from urinary drainage systems. 39

(C) Relieving pain: 40 (i) Assisting with complementary therapies such as aromatherapy and using 41

pre-recorded audio/visuals for guided imagery; deep relaxation; 42 (ii) Planning activities in relation to pain; 43 (iii) Providing comfort measures; 44 (iv) Reporting to the nurse; 45 (v) Repositioning; and 46 (vi) Using touch to massage non-diseased tissue. 47

(j) Tasks associated with documentation. 48 (A) Recording care provided; and 49 (B) Documenting incidents. 50

(k) Tasks associated with end of life care. 51

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Division 63 Effective August 1, 2021 (Revised October 26, 2020) Page 5

(A) Providing comfort care for the dying individual and their family; and 1 (B) Caring for the deceased individual including removing non-surgically inserted 2

tubes: 3 (i) Feeding tube; 4 (ii) Rectal bag; 5 (iii) Foley Catheter; 6 (iv) Nasogastric tube; and 7 (v) Saline lock. 8

(l) Tasks associated with caregiver self-care. 9 (2) The CNA may, as an unlicensed person, provide care as delegated or assigned by a nurse in a 10

community-based care setting. 11 (3) ORS 678.440(5) defines the term “nursing assistant” as a person who assists licensed nursing 12

personnel in the provision of nursing care. Consistent with that definition, a CNA must either: 13 (a) Be regularly supervised by a licensed nurse; or 14 (b) Work under licensed nurse monitoring in a community-based care setting or other setting 15

where there is no regularly scheduled presence of a licensed nurse provided there is 16 periodic supervision and evaluation of clients. 17

(4) Under no circumstance shall a CNA work independently without supervision or monitoring by a 18 licensed nurse who provides assessment of clients as described in OAR 851-063-0030(3)(a)(b). 19

(5) A CNA may accept verbal or telephone orders for medication from a licensed health care 20 professional who is authorized to independently diagnose and treat only when working in the 21 following settings under the specified administrative rule: 22 (a) When working in Adult Foster Homes, as permitted under OAR Chapter 411, division 50; 23 (b) When working in Residential Care Facilities, as permitted under OAR Chapter 411, 24

division 54. 25 (6) A CNA may add phlebotomy to the authorized duties when the individual CNA has: 26

(a) Obtained and holds current phlebotomy certification from one of the following: American 27 Society for Clinical Pathology (ASCP) Board of Certification, National Phlebotomy 28 Association (NPA), Association of Phlebotomy Technicians (ASPT), American 29 Association of Bioanalysts (ABOR), American Certification Agency for Healthcare 30 Professionals (ACA), American Medical Technologists (AMT), or successful completion 31 of phlebotomy specific military education program; and 32

(b) Maintained competency in performing phlebotomy; and 33 (c) Been assigned the task by an Oregon licensed nurse according to the employer’s policy. 34

(7) A CNA may add child safety seat check to the authorized duties when the individual CNA has: 35 (a) Successfully completed a national child passenger safety certification program; 36 (b) Maintained competency in child passenger seat safety; and 37 (c) Been assigned the task by an Oregon licensed nurse according to the employer’s policy. 38

(8) A CNA may add telemetry monitoring to the authorized duties when the individual CNA has: 39 (a) Successfully completed a dysrhythmia recognition course; 40 (b) Maintained competency in rhythm interpretation; and 41 (c) Been assigned the task by an Oregon licensed nurse according to the employer’s policy. 42

(9) A CNA may add to the authorized duties discontinuing a saline lock, discontinuing a urethrally 43 inserted catheter, or scanning a bladder when: 44 (a) An RN who has the knowledge and skills necessary to teach the task(s): 45

(A) Develops the educational curriculum; 46 (B) Teaches the Board-approved curriculum to the CNA employed at a specific site; 47

and 48 (C) Develops the mechanisms for validating that the CNA has initial and ongoing 49

competency to perform the task; and 50 (b) The CNA has: 51

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(A) Successfully completed education on the task; 1 (B) Maintained competency in the task; and 2 (C) Been assigned the task by an Oregon licensed nurse according to the employer’s 3

policy. 4 (10) Standards of Care for Certified Nursing Assistants. In the process of client care the CNA shall 5

consistently: 6 (a) Apply standard precautions according to the Centers for Disease Control and Prevention 7

guidelines; 8 (b) Use hand hygiene between episodes of care; 9 (c) Use appropriate body mechanics to prevent injury to self and client; 10 (d) Follow the care plan as directed by the licensed nurse; 11 (e) Use appropriate communication with client, client’s family and friends, and coworkers; 12 (f) Use alternatives to physical restraints, or apply physical restraints as directed by the 13

licensed nurse; 14 (g) Determine absence of pulse or respiration, and initiate an emergency response; 15 (h) Report to the licensed nurse any recognized abnormality in client’s signs and symptoms; 16 (i) Record observations and measurements, tasks completed, and client statements about 17

condition or care; 18 (j) Apply safety concepts in the workplace; 19 (k) Report signs of abuse, neglect, mistreatment, misappropriation or exploitation; 20 (l) Demonstrate respect for rights and property of clients and coworkers; and 21 (m) Maintain client confidentiality. 22 23

Stat. Auth: ORS 678.440, ORS 678.442, 678.444 24 Stats. Implemented: ORS 678.440, ORS 678.442, 678.444 25 Hist.: BN 6-1999, f. & cert. ef. 7-8-99; BN 3-2004, f. 1-29-04, cert. ef. 2-12-04; BN 11-2009, f. & cert. 26 ef. 12-17-09; BN 11-2010, f. & cert. ef. 6-25-10; BN 1-2011(Temp), f. 6-6-11, cert. ef. 6-23-11 thru 12-27 20-11; BN 4-2011, f. & cert. ef. 10-6-11; BN 7-2014, f. 12-3-14, cert. ef. 1-1-15 28 29 30 851-063-0035 31 Authorized Duties and Standards for CNA 2 Categories of Care 32 (1) Under the supervision and at the direction of a licensed nurse, a CNA 2, in addition to the CNA 33

1 authorized duties, may provide care and assist clients with the following: 34 (a) Tasks associated with collaboration with health care team: 35

(A) Receiving report from outgoing staff; 36 (B) Giving report to oncoming staff; 37 (C) Helping clients navigate the acute care system; and 38 (D) Working with medical translators. 39

(b) Tasks associated with communication and interpersonal skills including crisis 40 intervention. 41

(c) Tasks associated with person-centered care; 42 (A) Meeting individual person’s needs, preference, and abilities; and 43 (B) Providing culturally competent care. 44

(d) Tasks associated with infection control and prevention including Standard or 45 Transmission-Based Precautions: 46 (A) Obtaining a throat swab; 47 (B) Obtaining urine specimen from port of catheter; and 48 (C) Working in positive and negative airflow rooms. 49

(e) Tasks associated with safety and emergency procedures: 50 (A) Implementing preventive/protection strategies; 51

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(B) Minimizing safety risks; and 1 (C) Transporting a person. 2

(f) Tasks associated with activities of daily living: 3 (A) Assisting with nutrition and hydration of infants and children: 4 (i) Assisting with breastfeeding by supporting and reinforcing instructions; 5 (ii) Assisting with human breast milk pumping; 6 (iii) Handling, storing, and transporting breast milk; 7 (iv) Preparing infant formula or breast milk for feeding; and 8 (v) Assisting with and feeding infants by bottle. 9 (B) Adding fluid to established post pyloric, jejunostomy and gastrostomy tube 10

feedings; 11 (C) Changing established post pyloric, jejunostomy and gastrostomy tube feeding 12

bags; 13 (D) Pausing and resuming established post pyloric, jejunostomy and gastrostomy 14

tube feedings to provide personal care; 15 (E) Discontinuing a urethrally inserted catheter; 16 (F) Performing range of motion on persons with complex medical problems: fragile 17

skin, at risk for pathological fractures, spasticity, and contractures; 18 (G) Therapeutic positioning in a variety of situations and considering a person’s 19

condition including but not limited to bridging and proning; and 20 (H) Using adaptive, assistive and therapeutic equipment: 21

(i) Ankle and foot orthotics; 22 (ii) Braces; 23 (iii) Established traction equipment: remove and re-apply; 24 (iv) Foot lifter; and 25 (v) Splints. 26

(g) Tasks associated with mental health and social service needs. 27 (h) Tasks associated with technical skills: 28

(A) Adjusting oxygen rate of flow; 29 (B) Attaining transcutaneous bilirubin meter reading; 30 (C) Discontinuing a saline lock; 31 (D) Interrupting and re-establishing nasogastric (NG) suction; 32 (E) Irrigating ears; 33 (F) Measuring arm and leg circumference; 34 (G) Measuring blood pressure with a Doppler; 35 (H) Performing newborn critical congenital heart disease screening utilizing pulse 36

oximetry; 37 (I) Performing dipstick urine test; 38 (J) Placing electrodes/leads and run electrocardiogram (EKG); 39 (K) Placing electrodes/leads for telemetry; 40 (L) Removing casts in non-emergent situations; 41 (M) Scanning bladder; 42 (N) Screening newborn hearing; 43 (O) Setting up traction equipment; 44 (P) Suctioning nose or oral pharynx; and 45 (Q) Testing stool for occult blood. 46

(i) Tasks associated with observation and reporting: 47 (A) Recognizing and reporting changes that deviate from an individual’s norm; 48 (B) Observing and collecting pain responses; and 49 (C) Performing comfort and pain relief measures; 50

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(D) Providing input on an individual’s response to interventions and care plan 1 approaches. 2

(j) Tasks associated with documentation. 3 (k) Tasks associated with end-of-life care: 4

(A) Supporting palliative and hospice care; and 5 (B) Caring for organ and tissue donor. 6

(2) Standards of Care for CNA 2. In the process of client care the CNA 2 shall consistently apply 7 standards set for CNA 1s and: 8 (a) Establish competency as a CNA 2; 9 (b) Maintain competency as a CNA 2; 10 (c) Perform only authorized duties for which the CNA 2 has established competency. 11 12

Stat. Auth.: ORS 678.440 & 678.442 13 Stats. Implemented: ORS 678.440 & 678.442 14 Hist.: BN10-2007, f. & cert. ef. 10-1-07; BN 2-2009, f. & cert. ef. 5-15-09; BN 11-2009, f. & cert. ef. 12-15 17-09; BN 11-2010, f. & cert. ef. 6-25-10; BN 7-2014, f. 12-3-14, cert. ef. 1-1-15 16 17 18 851-063-0070 19 Authorized Duties and Standards for Certified Medication Aides 20 (1) Under supervision by a licensed nurse, a CMA may administer: 21

(a) Oral, sublingual and buccal medications; 22 (b) Eye medications with the exception of eye medications to new post-operative eye clients; 23 (c) Ear medications; 24 (d) Nasal medications; 25 (e) Rectal medications; 26 (f) Vaginal medications; 27 (g) Skin ointments, topical medications including patches and transdermal medications; 28 (h) Medications by gastrostomy and jejunostomy tubes; 29 (i) Premeasured medication delivered by Aerosol/Nebulizer; and 30 (j) Medications delivered by metered hand-held inhalers. 31

(2) Administration of PRN Medications. A CMA may administer PRN medications (including 32 controlled substances) to stable clients according to physician's or nurse practitioner's orders in 33 the following circumstances: 34 (a) In response to specific client requests: 35

(A) Client request must be reported to licensed nurse; and 36 (B) Client response must be reported to licensed nurse. 37

(b) At the direction of the licensed nurse, when: 38 (A) A licensed nurse assesses the patient prior to administration of the PRN 39

medications; and 40 (B) A licensed nurse assesses the patient following the administration of the PRN 41

medication. 42 (3) A CMA may: 43

(a) Administer regularly scheduled controlled substances; 44 (b) Jointly witness wasted controlled substances with a licensed nurse; 45 (c) Count controlled substances with a licensed nurse or another CMA; 46 (d) Perform capillary blood glucose (CBG); 47 (e) Turn oxygen on and off at predetermined, established flow rate; 48 (f) Add fluid to established jejunostomy or gastrostomy tube feedings and change 49

established tube feeding bags; and 50

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(g) Accept verbal or telephone orders for medication from a licensed health care 1 professional who is authorized to independently diagnose and treat. Such acceptance 2 can occur only when the CMA is working in the following settings under the specified 3 administrative rules: 4 (A) Adult Foster Homes, as permitted under OAR Chapter 411, division 050; 5 (B) Residential Care Facilities, as permitted under OAR Chapter 411, division 054; 6

and 7 (C) Assisted Living Facilities, as permitted under OAR Chapter 411, division 054. 8

(4) A CMA may not administer medications by the following routes: 9 (a) Central lines; 10 (b) Colostomy; 11 (c) Intramuscular; 12 (d) Intrathecal; 13 (e) Intravenous; 14 (f) Nasogastric; 15 (g) Nonmetered inhaler; 16 (h) Subcutaneous; 17 (i) Intradermal; 18 (j) Urethral; 19 (k) Epidural; or 20 (l) Endotracheal. 21

(5) A CMA may not administer the following kinds of medications: 22 (a) Barium and other diagnostic contrast media; or 23 (b) Chemotherapeutic agents except oral maintenance chemotherapy. 24

(6) A CMA may not administer medication by, nor assume responsibility for, medication pumps, 25 including client controlled analgesia. 26

(7) A CMA may not act as a clinical teaching associate to a student in a medication aide education 27 program. 28

(8) In a community-based care setting, a CMA may, as an unlicensed person, provide care as 29 delegated or assigned by a licensed nurse. 30

(9) Standards of Care for a certified medication assistant. In the process of client care a CMA shall 31 consistently apply standards set for CNAs and: 32 (a) Establish competency as a CMA; 33 (b) Maintain competency as a CMA; 34 (c) Perform within Authorized Duties; 35 (d) Follow written instructions of an individual authorized by law to independently diagnose 36

and treat as transcribed in the medication administration record (MAR); and 37 (e) Accurately record on the MAR medications administered, medications withheld or 38

refused and the reason why a medication was withheld or refused. 39 40

Stat. Auth.: ORS 678.440, 678.442, 678.444 & 678.445 41 Stats. Implemented: ORS 678.440, 678.442 & 678.444 42 Hist.: BN 6-1999, f. & cert. ef. 7-8-99; BN 3-2004, f. 1-29-04, cert. ef. 2-12-04; BN 7-2014, f. 12-3-14, 43 cert. ef. 1-1-15 44 45 46 851-063-0090 47 Conduct Unbecoming a Nursing Assistant 48 ORS 670.280 authorizes the Board to discipline nursing assistant certificates for conduct that is not 49 undertaken directly in the course of CNA duties, but that is substantially related to the fitness and ability 50 of the applicant or CNA to engage in activities of the CNA profession for which a CNA certificate is 51

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required. Such conduct is considered to be conduct unbecoming a CNA, and includes, but is not limited 1 to: 2 (1) Conduct related to general fitness to perform nursing assistant authorized duties: 3

(a) Demonstrated incidents of violent, abusive, intimidating, neglectful or reckless behavior; 4 or 5

(b) Demonstrated incidents of dishonesty, misrepresentation, or fraud. 6 (2) Conduct related to achieving and maintaining clinical competency: 7

(a) Failing to conform to the essential standards of acceptable and prevailing nursing 8 assistant performance of duties. Actual injury need not be established; 9

(b) Performing acts beyond the authorized duties except for as allowed for in these rules; 10 (c) Assuming duties and responsibilities for a person’s care without documented preparation 11

for the duties and responsibilities and when competency has not been established and 12 maintained; or 13

(d) Performing new nursing assistant techniques or procedures without documented 14 education specific to the technique or procedure and supervised clinical experience to 15 establish competency. 16

(3) Conduct related to client safety and integrity: 17 (a) Failing to take action to preserve or promote a person’s safety based on nursing assistant 18

knowledge, skills, and abilities; 19 (b) Failing to implement the plan of care developed by the registered nurse; 20 (c) Failing to report changes in a person’s status from the last plan of care made by the 21

registered nurse; 22 (d) Jeopardizing the safety of a person under the CNA’s care; 23 (e) Leaving or failing to complete a nursing assistant assignment without properly notifying 24

appropriate supervisory personnel and confirming that nursing assistant responsibilities 25 will be met; 26

(f) Failing to report through proper channels facts known regarding the incompetent, 27 unethical, unsafe, or illegal practice of any health care provider pursuant to ORS chapter 28 676; 29

(g) Failing to respect the dignity and rights of clients, inclusive of social or economic status, 30 age, race, religion, gender, gender identity, sex, sexual orientation, national origin, 31 nature of health needs, physical attributes, or disability; 32

(h) Failing to report actual or suspected incidents of abuse, neglect, or mistreatment; 33 (i) Engaging in or attempting to engage in sexual misconduct with a client in any setting; 34 (j) Engaging in sexual misconduct in the workplace; or 35 (k) Failing to maintain professional boundaries. 36

(4) Conduct related to communication: 37 (a) Failing to accurately document nursing assistant activities and tasks; 38 (b) Failing to document nursing assistant activities and task implementation in a timely, 39

accurate, thorough, and clear manner. This includes failing to document a late entry 40 within a reasonable time period; 41

(c) Entering inaccurate, incomplete, falsified or altered documentation into a health record 42 or into agency records. This includes but is not limited to: 43 (A) Documenting the provision of services that were not provided; 44 (B) Failing to document information pertinent to the person’s care; 45 (C) Filling in someone else’s charting omissions, or signing someone else’s name; 46 (D) Falsifying data; 47 (E) Altering or changing words or characters within an existing document to mislead 48

the reader; or 49 (F) Adding documentation to a health record or agency record without recording the 50

date and time of the event being recorded. This includes late entry documentation 51

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that does not demonstrate the date and time of the initial event being 1 documented, the date and time the late entry is being placed into the record, and 2 the signature of the nursing assistant placing the documentation into the record. 3

(d) Destroying an agency record, a person’s health record, or any document prior to the 4 destruction date indicated for the type of recorded data or document; 5

(e) Directing another individual to falsify, alter or destroy an agency record, a person’s health 6 record, or any document prior to the destruction date indicated for type of recorded data 7 or type of document; 8

(f) Failing to communicate information regarding a person’s status to the supervising nurse 9 or other appropriate member of the healthcare team in an on-going and timely manner 10 and as appropriate to the context of care; or 11

(g) Failing to communicate information regarding the person’s status to individuals who are 12 authorized to receive the information and need to know. 13

(5) Conduct related to interactions with the client’s family: 14 (a) Failing to respect the person’s family and the person’s relationship with their family; 15 (b) Using one’s title/position as a nursing assistant to exploit a person’s family for personal 16

gain or for any other reason; 17 (c) Stealing money, property, services or supplies from the family; 18 (d) Soliciting or borrowing money, materials or property from the family; or 19 (e) Engaging in unacceptable behavior towards or in the presence of the client’s family. 20

Such behavior includes but is not limited to using derogatory names, derogatory or 21 threatening gestures, or profane language. 22

(6) Conduct related to relationships with co-workers and health care team members: 23 (a) Engaging in violent, abusive or threatening behavior towards a co-worker; or 24 (b) Engaging in violent, abusive or threatening behavior that relates to the performance of 25

safe care to a person. 26 (7) Conduct related to safe performance of authorized duties: 27

(a) Performing authorized duties when unable/unfit to perform nursing assistant activities or 28 tasks due to: 29 (A) Physical impairment as evidenced by documented deterioration of functioning in 30

the work setting or by the assessment of an individual qualified by law to diagnose 31 physical condition/status; or 32

(B) Psychological or mental impairment as evidenced by documented deterioration 33 of functioning in the work setting or by the assessment of an individual qualified 34 by law to diagnose mental condition/status. 35

(b) Performing authorized duties when physical or mental ability to perform is impaired by 36 use of a prescription or non-prescription medication, alcohol, or a mind-altering 37 substance; or 38

(c) Using a prescription or non-prescription medication, alcohol, or a mind-altering 39 substance to an extent or in a manner dangerous or injurious to the nursing assistant or 40 others, or to an extent that such use impairs the ability to perform the authorized duties 41 safely. 42

(8) Conduct related to other federal or state statutes/rule violations: 43 (a) Aiding, abetting or assisting an individual to violate or circumvent any law, rule or 44

regulation intended to guide the conduct of the nursing assistant or other healthcare 45 provider; 46

(b) Violating the rights of privacy, confidentiality of information, or knowledge concerning the 47 person, unless required by law to disclose such information; 48

(c) Discriminating against a person on the basis of age, race, religion, gender, gender 49 identity, sex, sexual preference, national origin or disability; 50

(d) Abusing a person; 51

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(e) Neglecting a person; 1 (f) Failing to report actual or suspected incidents of abuse through the proper channels in 2

the workplace; 3 (g) Failing to report actual or suspected incidents of abuse to the appropriate state agency; 4 (h) Engaging in other unacceptable behavior towards or in the presence of the client. Such 5

behavior includes but is not limited to using derogatory names, derogatory or threatening 6 gestures, or profane language; 7

(i) Soliciting or borrowing money, materials, or property from the client; 8 (j) Stealing money, property, services or supplies from the client; 9 (k) Possessing, obtaining, attempting to obtain, furnishing or administering prescription or 10

controlled medications to any person, including self, except as directed by an individual 11 authorized by law to prescribe medications; 12

(l) Unauthorized removal or attempted removal of medications, supplies, property, or 13 money from any person or setting; 14

(m) Unauthorized removal of client records, client information, or facility property, policies or 15 written standards from the workplace; 16

(n) Using one’s role or title as a nursing assistant to defraud a person of their personal 17 property or possessions; 18

(o) Violating a person’s rights of privacy and confidentiality of information by accessing or 19 sharing information without proper authorization to do so or without a demonstrated need 20 to know; 21

(p) Engaging in unsecured transmission of protected client data; 22 (q) Failure to report to the Board the CNA’s own arrest for a felony crime within ten days of 23

the arrest; or 24 (r) Failure to report to the Board the CNA’s own conviction of a misdemeanor or a felony 25

crime within ten days of the conviction. 26 (9) Conduct related to certification violations: 27

(a) Resorting to fraud, misrepresentation, or deceit during the application process for 28 licensure or certification, while taking the examination for licensure or certification, while 29 obtaining initial licensure or certification or renewal of licensure or certification; 30

(b) Functioning as a certified nursing assistant without current certification as a nursing 31 assistant; 32

(c) Functioning as a certified medication assistant without current certification as a 33 medication assistant; 34

(d) Representing oneself as a CNA 1 or CNA 2 without current, valid CNA certification; 35 (e) Allowing another person to use one's nursing assistant certificate for any purpose; 36 (f) Using another licensee’s nursing license or nursing assistant certificate for 37

any purpose; 38 (g) Impersonating any applicant or acting as a proxy for the applicant in any nursing 39

assistant examination; 40 (h) Disclosing contents of the competency examination or soliciting, accepting or compiling 41

information regarding the contents of the examination before, during or after its 42 administration; or 43

(i) Altering a certificate of completion of education or nursing assistant certification issued 44 by the Board. 45

(10) Conduct related to the certification holder’s relationship with the Board: 46 (a) Failing to fully cooperate with the Board during the course of an investigation, including 47

but not limited to waiver of confidentiality, except attorney-client privilege. 48 (b) Failing to answer truthfully and completely any question asked by the Board on an 49

application for certification, renewal of certification, during the course of an investigation, 50 or any other question asked by the Board; 51

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(c) Failing to provide the Board with any documents requested by the Board; or 1 (d) Violating the terms and conditions of a Board order. 2 3

Stat. Auth.: ORS 678.442 & ORS 670.280 4 Stats. Implemented: ORS 678.442 & ORS 670.280 5 Hist.: 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, 6 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 7 10-15-10; BN 15-2010, f. & cert. ef. 9-30-10; BN 7-2014, f. 12-3-14, cert. ef. 1-1-15 8 9 10 851-063-0100 11 Conduct Unbecoming a Certified Medication Aide 12 A certified medication aide is subject to discipline as a CNA as described in these rules. In addition, a 13 CMA is subject to discipline for conduct unbecoming a medication aide. Such conduct includes but is 14 not limited to: 15 (1) Failing to administer medications as ordered by an individual authorized by law to prescribe 16

medications; 17 (2) Failing to document medications as administered, withheld, wasted, or refused as well as the 18

reason a medication was withheld, wasted, or refused. 19 (3) Violating the individual’s rights, including the right to refuse medication; 20 (4) Altering or falsifying medication administration record; 21 (5) Altering or falsifying CNA or CMA certificate; 22 (6) Diverting medications for use by self or others; 23 (7) Accepting a verbal order or telephone order for medication from an individual authorized by law 24

to prescribe medications, except as allowed in authorized duties; 25 (8) Performing acts beyond the authorized duties for which the individual is certified; 26 (9) Working as a CMA without CMA Certification; 27 (10) Performing client care tasks other than authorized in these rules; 28 (11) Representing oneself as a CMA without current CMA certification; or 29 (12) Failing to conform to the standards and authorized duties in these rules. 30 31 Stat. Auth.: ORS 678.442 32 Stats. Implemented: ORS 678.442 33 Hist.: BN 6-1999, f. & cert. ef. 7-8-99; BN 3-2004, f. 1-29-04, cert. ef. 2-12-04; BN 7-2014, f. 12-3-14, 34 cert. ef. 1-1-15 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51

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The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the 1 Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published 2 version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the 3 Oregon Bulletin are copyrighted by the Oregon Secretary of State. 4