Oregon Statutes 688.655 – Grounds for denying, suspending or revoking certificate; investigation; duty to report; confidential information; liability of person who reports
(1) The certification of a hemodialysis technician may be denied, suspended or revoked in accordance with the provisions of ORS Chapter 183 for any of the following:
Terms Used In Oregon Statutes 688.655
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Failure to complete continuing education requirements.
(b) The use of fraud or deception in receiving a certificate.
(c) Habitual or excessive use of intoxicants or drugs.
(d) The presence of a mental disorder that demonstrably affects a technician’s performance, as certified by two psychiatrists retained by the Oregon Health Authority.
(e) Conviction of a criminal offense that the authority considers reasonably related to the fitness of the person to practice hemodialysis.
(f) Suspension or revocation of a hemodialysis technician certificate issued by another state.
(g) Gross negligence or repeated negligence in rendering hemodialysis care.
(h) Any reason identified by authority rule as rendering the applicant unfit to perform the duties of a hemodialysis technician.
(2) The authority may investigate any evidence that appears to show that a hemodialysis technician certified by the authority is or may be medically incompetent or is or may be guilty of unprofessional or dishonorable conduct or is or may be mentally or physically unable to safely function as a hemodialysis technician.
(3) Any outpatient renal dialysis facility, any hemodialysis technician certified under ORS § 688.650, any physician licensed under ORS Chapter 677 or any registered nurse licensed under ORS § 678.010 to 678.410 shall report to the authority any information the person may have that appears to show that a hemodialysis technician is or may be medically incompetent or is or may be guilty of unprofessional or dishonorable conduct or is or may be mentally or physically unable to safely function as a hemodialysis technician.
(4) Information provided to the authority pursuant to this section is confidential and shall not be subject to public disclosure, nor shall it be admissible as evidence in any judicial proceeding.
(5) Any person who reports or provides information to the authority under this section and who provides information in good faith shall not be subject to an action for civil damage as a result thereof. [1997 c.580 § 7; 2009 c.595 § 1100; 2023 c.199 § 8]