Compliance with Executive Orders and Guidance Required

(1) During a Governor declared emergency, unprofessional conduct under ORS 676.612, includes, but is not limited to, failing to comply with any applicable provision of a Governor's Executive Order or any provision of this rule.
(2) Failing to comply as described in subsection (1) includes, but is not limited to:
(a) Performing services or practicing an occupation or profession in a way that is contrary to an applicable Executive Order;
(b) Providing services at a business required by an Executive Order to be closed;
(c) Failing to comply with the requirements of Oregon Health Authority (Authority) guidance implementing an Executive Order.
(3) No disciplinary action or penalty action shall be taken under this rule if the Executive Order alleged to have been violated is not in effect at the time of the alleged violation.
(4) Penalties for violating this rule include, but are not limited to, suspension, revocation, probation, monetary penalties, and an assessment of costs of disciplinary proceedings not exceeding $5,000. Any such penalties shall be imposed in accordance with ORS Ch. 183.