Opinion

Flint v. Board of Nursing

  • 324 Or. App. 94
Court
Court of Appeals of Oregon
Filed
Feb 1, 2023
Status
Unpublished
On the bench
Kamins
Cited by
0 cases

The opinion

94

This is a nonprecedential memorandum opinion

pursuant to ORAP 10.30 and may not be cited

except as provided in ORAP 10.30(1).

Argued and submitted January 5, affirmed February 1, 2023

In the Matter of

Corrine FLINT, RN,

Petitioner,

v.

OREGON STATE BOARD OF NURSING,

Respondent.

Oregon State Board of Nursing

1800819; A175061

Richard D. Cohen argued the cause and filed the briefs

for petitioner.

Carson L. Whitehead, Assistant Attorney General,

argued the cause for respondent. Also on the brief were

Ellen F. Rosenblum, Attorney General, and Benjamin

Gutman, Solicitor General.

Before Tookey, Presiding Judge, and Egan, Judge, and

Kamins, Judge.

KAMINS, J.

Affirmed.

Nonprecedential Memo Op: 324 Or App 94 (2023) 95

KAMINS, J.

Petitioner appeals from the Oregon State Board

of Nursing’s final order imposing a six-month suspension

for conduct derogatory to the standards of nursing. ORS

678.111(1)(f), (g); OAR 851-045-0070(2)(e) (May 4, 2012) (con-

duct derogatory to the standards of nursing includes “[f]ail-

ing to report actual or suspected incidents of child abuse

or elder abuse to the appropriate state agencies”). Having

reviewed the record, we conclude that the board’s findings

and conclusions were supported by substantial evidence and

substantial reason and that it did not abuse its discretion

by imposing a six-month suspension. ORS 183.482 (setting

forth our standard of review). Specifically, the record sup-

ports the board’s conclusions that petitioner had reasonable

cause to believe that the incident in question constituted

child abuse and that she chose not to report it because she

feared the consequences to herself, not because she rea-

sonably determined that the incident was not reportable.

See ORS 419B.010(1) (requiring immediate disclosure if a

mandatory reporter has “reasonable cause to believe” that

child abuse has occurred). In light of our standard of review,

petitioner’s arguments to the contrary provide no basis for

reversal.

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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