US Laws, Codes, Statutes & Cases

Chapter 678 — Nurses; Nursing Home Administrators

 

2005 EDITION

 

 

NURSES; NURSING HOME ADMINISTRATORS

 

OCCUPATIONS AND PROFESSIONS

 

PROFESSIONAL NURSES

 

(Generally)

 

678.010     Definitions for ORS 678.010 to 678.410

 

678.021     License required to practice nursing

 

678.031     Application of ORS 678.010 to 678.410

 

678.034     Hospitals to notify board of nurses employed to meet temporary staffing shortage

 

678.036     Liability of nurse supervising nursing assistants; liability when duties delegated

 

(Licensing)

 

678.040     Qualifications of applicants for license

 

678.050     Examining applicants; issuing license; license by indorsement; processing license by indorsement application; limited license; rules

 

678.080     Exhibiting license

 

678.101     Renewal of license; fee; certificate and privilege

 

(Discipline of Nurses)

 

678.111     Causes for denial, revocation or suspension of license or probation, reprimand or censure of licensee

 

678.112     Voluntary treatment for chemical dependency or emotional or physical problem; effect; rules

 

678.113     When evaluation of mental or physical condition, demonstration of competency or evidence of continuing education may be required

 

678.117     Procedure for imposing civil penalty; amount; rules

 

678.123     Prohibited acts

 

678.126     Confidentiality of information; duty to investigate complaints; immunity

 

678.128     Liability of complainants, witnesses, investigators, counsel and board members in disciplinary proceedings

 

678.135     Duty to report violations to board

 

(State Board)

 

678.140     Oregon State Board of Nursing; term; appointment; qualifications; confirmation

 

678.150     Powers, functions and duties of board, officers and executive director; rules; subpoena powers

 

678.153     Interagency agreement to share results of nationwide criminal records check

 

678.155     Restrictions on certain standards prescribed by board

 

678.157     Limitation on authority of board over nurse delegation of authority

 

678.158     Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate

 

678.164     Enjoining violations or threatened violations

 

678.168     Disposition of fines

 

678.170     Disposition of receipts

 

(Nurse Anesthetists)

 

678.245     Definitions for ORS 678.245 to 678.285

 

678.255     Provision of nurse anesthetist services in ambulatory surgical centers

 

678.265     Ambulatory surgical center oversight of nurse anesthetists

 

678.275     Provision of nurse anesthetist services in hospitals

 

678.285     Board regulation of nurse anesthetists; rules

 

(Nursing Education Programs)

 

678.340     Requirements for institutions desiring to establish nursing education programs

 

678.360     Survey to evaluate facilities; ensuring compliance with requirements

 

(Circulating Nurses)

 

678.362     Circulating nurses; duties

 

(Registered Nurse First Assistants)

 

678.366     Registered nurse first assistants; rules

 

(Clinical Nurse Specialists)

 

678.370     Clinical nurse specialists; certificates

 

678.372     Rules for clinical nurse specialists

 

(Nurse Practitioners)

 

678.375     Nurse practitioners; certificates; prohibitions; authority to sign death certificates; drug prescriptions

 

678.380     Rules for nurse practitioners; scope

 

(Prescriptive Authority)

 

678.385     Prescription formulary; rules

 

678.390     Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs; notice; requirements; revocation; rules

 

(Fees)

 

678.410     Fees; how determined

 

(Nursing Assistants)

 

678.440     Nursing assistants; training; effect of employing untrained assistant

 

678.442     Certification of nursing assistants; rules

 

678.444     Standards for training programs for nursing assistants

 

678.445     Authority of nursing assistants to administer noninjectable medication; authority of nurse to report questions about continuation of medication

 

LICENSED NURSING HOME ADMINISTRATORS

 

(Generally)

 

678.710     Definitions for ORS 678.710 to 678.840

 

678.720     Prohibited acts relating to administration of nursing homes

 

678.725     Reporting unlawful or unsatisfactory nursing home conditions; confidentiality of information; limitation of liability

 

(Licensing)

 

678.730     Licensing qualifications of administrator

 

678.740     Examination for license

 

678.750     Applicability of licensing requirements to administrators of organizations that rely on spiritual care and treatment

 

678.760     License; application; renewal; provisional licenses

 

678.770     Licensing reciprocity

 

678.775     Fees; prior approval required; limits; report

 

(Discipline of Administrators)

 

678.780     Grounds for discipline; confidentiality of information; authorized sanctions; hearings

 

678.790     Procedure; review of orders

 

(Board)

 

678.800     Board of Examiners of Nursing Home Administrators; members; terms; qualifications; confirmation

 

678.810     Board meetings; officers

 

678.820     Duties and powers of board; rules

 

678.825     Investigations; employment of investigator; coordination with Department of Human Services

 

678.830     Board of Examiners of Nursing Home Administrators Account; dispositions of moneys

 

(Enforcement)

 

678.840     Prevention of violations of ORS 678.710 to 678.840

 

PENALTIES

 

678.990     Penalties

 

PROFESSIONAL NURSES

 

(Generally)

 

      678.010 Definitions for ORS 678.010 to 678.410. As used in ORS 678.010 to 678.410, unless the context requires otherwise:

      (1) “Board” means the Oregon State Board of Nursing.

      (2) “Clinical nurse specialist” means a licensed registered nurse who has been certified by the board as qualified to practice the expanded clinical specialty nursing role.

      (3) “Diagnosing” in the context of the practice of nursing means identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing care.

      (4) “Human responses” means those signs, symptoms and processes which denote the person’s interaction with an actual or potential health problem.

      (5) “Long term care facility” means a licensed skilled nursing facility or intermediate care facility as those terms are used in ORS 442.015, an adult foster home as defined in ORS 443.705 that has residents over 60 years of age, a residential care facility as defined in ORS 443.400 or an assisted living facility.

      (6) “Nurse practitioner” means a registered nurse who has been certified by the board as qualified to practice in an expanded specialty role within the practice of nursing.

      (7) “Physician” means a person licensed to practice under ORS chapter 677.

      (8) “Practice of nursing” means diagnosing and treating human responses to actual or potential health problems through such services as identification thereof, health teaching, health counseling and providing care supportive to or restorative of life and well-being and including the performance of such additional services requiring education and training which are recognized by the nursing profession as proper to be performed by nurses licensed under ORS 678.010 to 678.410 and which are recognized by rules of the board. “Practice of nursing” includes executing medical orders as prescribed by a physician or dentist but does not include such execution by a member of the immediate family for another member or execution by a person designated by or on behalf of a person requiring care as provided by board rule where the person executing the care is not licensed under ORS 678.010 to 678.410. The practice of nursing includes providing supervision of nursing assistants.

      (9) “Practice of practical nursing” means the application of knowledge drawn from basic education in the social and physical sciences in planning and giving nursing care and in assisting persons toward achieving of health and well-being.

      (10) “Practice of registered nursing” means the application of knowledge drawn from broad in-depth education in the social and physical sciences in assessing, planning, ordering, giving, delegating, teaching and supervising care which promotes the person’s optimum health and independence.

      (11) “Treating” means selection and performance of those therapeutic measures essential to the effective execution and management of the nursing care and execution of the prescribed medical orders. [Amended by 1957 c.316 §2; 1973 c.584 §1; 1975 c.205 §1; 1975 c.659 §1; 1995 c.763 §3; 1997 c.204 §1; 1999 c.498 §4; 2001 c.465 §1]

 

      678.015 [1957 c.316 §6; repealed by 1973 c.584 §24]

 

      678.020 [Amended by 1953 c.254 §16; repealed by 1957 c.316 §3 (678.021 enacted in lieu of 678.020)]

 

      678.021 License required to practice nursing. It shall be unlawful for any person to practice nursing or offer to practice nursing in this state or to use any title or abbreviation, sign, card or device to indicate the person is practicing either practical or registered nursing unless the person is licensed under ORS 678.010 to 678.410 at the level for which the indication of practice is made and the license is valid and in effect. [1957 c.316 §4 (enacted in lieu of 678.020); 1973 c.584 §2; 2003 c.14 §431]

 

      678.030 [Repealed by 1957 c.316 §7 (678.031 enacted in lieu of 678.030)]

 

      678.031 Application of ORS 678.010 to 678.410. ORS 678.010 to 678.410 do not apply to:

      (1) The employment of nurses in institutions or agencies of the federal government.

      (2) The practice of nursing incidental to the planned program of study for students enrolled in nursing education programs accredited by the Oregon State Board of Nursing or accredited by another state or United States territory as described under ORS 678.040 and approved by the board.

      (3) Nursing practiced outside this state that is incidental to a distance learning program provided by an institution of higher education located in Oregon.

      (4) The furnishing of nursing assistance in an emergency.

      (5) The practice of any other occupation or profession licensed under the laws of this state.

      (6) Care of the sick with or without compensation when performed in connection with the practice of the religious tenets of a well-recognized church or denomination that relies exclusively on treatment by prayer and spiritual means by adherents thereof so long as the adherent does not engage in the practice of nursing as defined in ORS 678.010 to 678.410 and 678.990 or hold oneself out as a registered nurse or a licensed practical nurse.

      (7) Nonresident nurses licensed and in good standing in another state if they are practicing in Oregon on a single, temporary assignment of not to exceed 30 days, renewable for not to exceed 30 days, for assignments that are for the general public benefit limited to the following:

      (a) Transport teams;

      (b) Red Cross Blood Services personnel;

      (c) Presentation of educational programs;

      (d) Disaster teams;

      (e) Staffing a coronary care unit, intensive care unit or emergency department in a hospital that is responding to a temporary staffing shortage and would be otherwise unable to meet its critical care staffing requirements; or

      (f) Staffing a long term care facility that is responding to a temporary staffing shortage and would be otherwise unable to meet its staffing requirements. [1957 c.316 §8 (enacted in lieu of 678.030); 1973 c.584 §3; 1981 c.369 §1; 1997 c.110 §1; 2001 c.465 §2; 2001 c.568 §1]

 

      678.034 Hospitals to notify board of nurses employed to meet temporary staffing shortage. (1) Hospitals and long term care facilities employing nurses under ORS 678.031 (7)(e) and (f) shall notify the Oregon State Board of Nursing in writing of the number of nurses so employed, the times of employment, the nature of the staffing shortage and certify that there is no labor dispute affecting nurses at the hospital or long term care facility. In addition, at the request of the board, the hospital or long term care facility shall provide documentation that the nurses so employed are licensed and in good standing in another state or United States territory.

      (2) Nurses employed in this state under ORS 678.031 (7)(e) and (f), at the time of employment, also must apply for an Oregon license by indorsement. [1981 c.369 §1a; 2001 c.465 §3; 2001 c.568 §2]

 

      678.035 [1975 c.659 §4; 1977 c.309 §3; repealed by 1981 c.369 §16]

 

      678.036 Liability of nurse supervising nursing assistants; liability when duties delegated. (1) A nurse who is responsible for supervising nursing assistants shall not be considered to be supervising a nursing assistant who administers noninjectable medication while the nurse is absent from the facility at which the administration occurs unless the nursing assistant is acting pursuant to specific instructions from the nurse or the nurse fails to leave instructions when the nurse should have done so.

      (2) A nurse who is responsible for supervising nursing assistants shall not be subject to an action for civil damages for the failure of a nursing assistant who administers noninjectable medication to notify the nurse of any patient reaction to the medication perceived by the assistant.

      (3) A nurse who delegates the provision of nursing care to another person pursuant to ORS 678.150 shall not be subject to an action for civil damages for the performance of a person to whom nursing care is delegated unless the person is acting pursuant to specific instructions from the nurse or the nurse fails to leave instructions when the nurse should have done so. [1981 c.431 §2; 1987 c.369 §3]

 

(Licensing)

 

      678.040 Qualifications of applicants for license. Each applicant for a license under ORS 678.010 to 678.445 shall furnish satisfactory evidence that the applicant’s physical and mental health is such that it is safe for the applicant to practice, and that:

      (1) The applicant has graduated from a registered nurse or licensed practical nurse nursing education program accredited by the Oregon State Board of Nursing;

      (2) The applicant has graduated from a nursing program in the United States which program is either accredited by the licensing board for nurses in a particular state or United States territory, or, if the licensing board is not the accrediting agency in that state or United States territory, the program is accredited by the appropriate accrediting agency for that state or United States territory; or

      (3) The applicant has graduated in another country and has an education equivalent to that provided by accredited programs in this country. [Amended by 1953 c.254 §16; 1957 c.316 §9; 1973 c.584 §4; 1981 c.369 §2]

 

      678.045 [Formerly 678.250; repealed by 1981 c.369 §16]

 

      678.050 Examining applicants; issuing license; license by indorsement; processing license by indorsement application; limited license; rules. (1) Examinations for the licensing of applicants under ORS 678.010 to 678.445 shall be held at least once a year, and at such times and places as the Oregon State Board of Nursing may determine. Notice of the examination dates shall be given by mail to all accredited nursing education programs in Oregon. The board shall issue a wallet sized license as evidence of current licensure. The applicant shall be required to pass an examination in such subjects relating to nursing at the practical or registered level as the board may determine necessary to protect the public health and welfare.

      (2) All duly qualified applicants who pass the examination and meet other standards established by the board shall be issued the license provided for in ORS 678.010 to 678.445 according to the nature of the license for which application is made and examination taken and passed.

      (3)(a) The board may issue a license by indorsement to an applicant qualified as provided in ORS 678.040 who has passed the examination used by the Oregon State Board of Nursing and meets other standards established by the board. The board may also require evidence of competency to practice nursing at the level for which application is made.

      (b) For the purposes of the licensing procedure, the board shall not accept monetary assistance from anyone except the nurse applying for licensure by indorsement.

      (c) The board shall process in order applications for licensure by indorsement of qualified applicants and immediately issue licenses or license memoranda when the applications are received and review of supportive documentation is completed. However, this paragraph does not prohibit the board from immediately issuing a license out of order to applicants appearing in person.

      (d) The provisions of paragraphs (b) and (c) of this subsection do not prohibit the board from processing requests to employ nurses to meet temporary staffing shortages, as described in ORS 678.031 or 678.034, in facilities in this state not involved in labor disputes.

      (4) Subject to such terms and conditions as the board may impose, the board may issue a limited license to practice registered or practical nursing:

      (a) To a graduate of an accredited nursing education program at the appropriate level upon the applicant’s filing for the first examination to be given following the applicant’s graduation. The license issued under this paragraph expires when the results of the examinations are received by the applicant. The board may extend the limited license if the applicant shows to the satisfaction of the board that an emergency situation has prevented the applicant from taking or completing the first examination administered following graduation. The extension expires when the results of the next examination are received by the applicant or on the filing date of the next examination if the applicant has not reapplied.

      (b) To an applicant whose license has become void by reason of nonpayment of fees at either level and who otherwise meets the requirements of the board. The board may, in issuing a limited license, require the applicant to demonstrate ability to give safe nursing care by undergoing a supervised experience in nursing practice as shall be designated by the board, or by satisfactorily completing a continuing education program as approved by the board. The license issued under this paragraph expires on the date set in the license by the board. Upon satisfactorily completing the board’s requirements, and payment of the renewal fee and delinquency fee, the board shall issue to the applicant a license to practice nursing.

      (c) To an applicant who has not practiced nursing in any state for a period of five years, but has maintained a current license by the payment of fees. Such applicant shall not practice nursing in Oregon unless an application is made to the board for a limited license and it is issued to the applicant. The board, in issuing such limited license, may require the applicant to demonstrate ability to give safe nursing care by undergoing a supervised experience in nursing practice as shall be designated by the board, or by satisfactorily completing a continuing education program approved or designated by the board. No person shall be issued a license if, in the judgment of the board, the person’s conduct has been such, during absence from practice, that the applicant would be denied a license if applying for an initial license to practice nursing in this state.

      (d) To a licensee who has been placed on probation or has been otherwise subjected to disciplinary action by the board.

      (e) To any of the following persons if the person is affiliated with a planned program of study in Oregon consistent with the standards and requirements established by the board:

      (A) A foreign nurse;

      (B) A foreign student nurse; or

      (C) A nurse licensed in another jurisdiction.

      (5) The board may adopt by rule requirements and procedures for placing a license or certificate in inactive status.

      (6)(a) Retired status may be granted to a person licensed or certified as a registered nurse, licensed practical nurse, nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist and who surrenders the person’s license or certificate while in good standing with the issuing authority if the person is not subject to any pending disciplinary investigation or action. The board may adopt by rule requirements, procedures and fees for placing a license or certificate in retired status.

      (b) A person granted retired status by the Oregon State Board of Nursing under the provisions of paragraph (a) of this subsection:

      (A) Shall pay a fee in an amount to be determined by the board for retired status.

      (B) May not practice nursing or offer to practice nursing in this state.

      (C) May use the title or abbreviation with the retired license or certificate only if the designation “retired” appears after the title or abbreviation. [Amended by 1953 c.254 §16; 1957 c.316 §10; 1969 c.71 §1; 1973 c.584 §5; 1975 c.205 §2; 1981 c.369 §3; 1983 c.221 §1; 1989 c.673 §1; 1999 c.420 §1; 2001 c.275 §1; 2005 c.380 §1]

 

      678.060 [Amended by 1953 c.254 §16; repealed by 1957 c.316 §11 (678.061 enacted in lieu of 678.060)]

 

      678.061 [1957 c.316 §12 (enacted in lieu of 678.060); 1963 c.50 §2; 1969 c.71 §2; repealed by 1973 c.584 §24]

 

      678.070 [Repealed by 1953 c.254 §16]

 

      678.080 Exhibiting license. Any person to whom a license is issued under ORS 678.010 to 678.445, whenever requested to do so in relation to employment as a registered or practical nurse or in relation to enforcement of ORS 678.010 to 678.445, shall exhibit the evidence of current licensure described in ORS 678.050 (1). [Amended by 1953 c.254 §16; 1957 c.316 §13; 1973 c.584 §6; 1981 c.369 §4]

 

      678.085 [1953 c.254 §14; 1957 c.316 §14; repealed by 1973 c.584 §24]

 

      678.090 [Repealed by 1953 c.254 §16]

 

      678.100 [Amended by 1953 c.254 §16; repealed by 1957 c.316 §15 (678.101 enacted in lieu of 678.100)]

 

      678.101 Renewal of license; fee; certificate and privilege. (1) Every person licensed to practice nursing shall apply for renewal of the license other than a limited license in every second year before 12:01 a.m. on the anniversary of the birthdate of the person in the odd-numbered year for persons whose birth occurred in an odd-numbered year and in the even-numbered year for persons whose birth occurred in an even-numbered year. Persons whose birthdate anniversary falls on February 29 shall be treated as if the anniversary were March 1.

      (2) Each application shall be accompanied by a nonrefundable renewal fee payable to the Oregon State Board of Nursing.

      (3) The board may not renew the license of a person licensed to practice nursing unless:

      (a) The requirements of subsections (1) and (2) of this section are met; and

      (b) Prior to payment of the renewal fee described in subsection (2) of this section the applicant completes, or provides documentation of previous completion of:

      (A) A pain management education program approved by the board and developed in conjunction with the Pain Management Commission established under ORS 409.500; or

      (B) An equivalent pain management education program, as determined by the board.

      (4) The license of any person not renewed for failure to comply with subsections (1) to (3) of this section is expired and the person shall be considered delinquent and is subject to the delinquent fee specified in ORS 678.410.

      (5) A registered nurse who has been issued a certificate as a nurse practitioner shall apply, personally or by appropriately postmarked letter, for renewal of the certificate and for renewal of the prescriptive privileges in every second year before 12:01 a.m. on the anniversary of the birthdate, as determined for the person’s license to practice nursing. [1957 c.316 §16 (enacted in lieu of 678.100); 1965 c.158 §1; 1969 c.71 §3; 1973 c.584 §7; 1975 c.205 §3; 1981 c.369 §5; 1987 c.79 §5; 1999 c.420 §2; 2001 c.987 §15]

 

      678.110 [Repealed by 1957 c.316 §17 (678.111 enacted in lieu of 678.110)]

 

(Discipline of Nurses)

 

      678.111 Causes for denial, revocation or suspension of license or probation, reprimand or censure of licensee. In the manner prescribed in ORS chapter 183 for a contested case:

      (1) Issuance of the license to practice nursing, whether by examination or by indorsement, of any person may be refused or the license may be revoked or suspended or the licensee may be placed on probation for a period specified by the Oregon State Board of Nursing and subject to such condition as the board may impose or may be issued a limited license or may be reprimanded or censured by the board, for any of the following causes:

      (a) Conviction of the licensee of crime where such crime bears demonstrable relationship to the practice of nursing. A copy of the record of such conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.

      (b) Gross incompetence or gross negligence of the licensee in the practice of nursing at the level for which the licensee is licensed.

      (c) Any willful fraud or misrepresentation in applying for or procuring a license or renewal thereof.

      (d) Fraud or deceit of the licensee in the practice of nursing or in admission to such practice.

      (e) Use of any controlled substance or intoxicating liquor to an extent or in a manner dangerous or injurious to the licensee or others or to an extent that such use impairs the ability to conduct safely the practice for which the licensee is licensed.

      (f) Conduct derogatory to the standards of nursing.

      (g) Violation of any provision of ORS 678.010 to 678.445 or rules adopted thereunder.

      (h) Revocation or suspension of a license to practice nursing by any state or territory of the United States, or any foreign jurisdiction authorized to issue nursing credentials whether or not that license or credential was relied upon in issuing that license in this state. A certified copy of the order of revocation or suspension shall be conclusive evidence of such revocation or suspension.

      (i) Physical or mental condition that makes the licensee unable to conduct safely the practice for which the licensee is licensed.

      (j) Violation of any condition imposed by the board when issuing a limited license.

      (2) A certificate of special competence may be denied or suspended or revoked for the reasons stated in subsection (1) of this section.

      (3) A license or certificate in inactive status may be denied or suspended or revoked for the reasons stated in subsection (1) of this section.

      (4) A license or certificate in retired status may be denied or suspended or revoked for any cause stated in subsection (1) of this section. [1957 c.316 §18 (enacted in lieu of 678.110); 1973 c.584 §11; 1975 c.205 §4; 1979 c.744 §51; 1981 c.369 §7; 1983 c.221 §2; 1985 c.23 §7; 2001 c.275 §2]

 

      678.112 Voluntary treatment for chemical dependency or emotional or physical problem; effect; rules. (1) When a person licensed to practice nursing voluntarily seeks treatment for chemical dependency or an emotional or physical problem that otherwise may lead to formal disciplinary action under ORS 678.111, the Oregon State Board of Nursing may abstain from taking such formal disciplinary action if the board finds that the licensee can be treated effectively and that there is no danger to the public health.

      (2) If the board abstains from taking such formal disciplinary action, it may require the licensee to be subject to the voluntary monitoring program as established by the board.

      (3) All records of the voluntary monitoring program are confidential and shall not be subject to public disclosure, nor shall the records be admissible as evidence in any judicial proceedings.

      (4) A licensee voluntarily participating in the voluntary monitoring program shall not be subject to investigation or disciplinary action by the board for the same offense, if the licensee complies with the terms and conditions of the monitoring program.

      (5) The board shall establish by rule criteria for eligibility to participate in the voluntary monitoring program and criteria for successful completion of the program.

      (6) Licensees who elect not to participate in the voluntary monitoring program or who fail to comply with the terms of participation shall be reported to the board for formal disciplinary action under ORS 678.111. [1991 c.193 §2]

 

      678.113 When evaluation of mental or physical condition, demonstration of competency or evidence of continuing education may be required. (1) During the course of an investigation into the performance or conduct of an applicant, certificate holder or licensee, the Oregon State Board of Nursing may order mental health, physical condition or chemical dependency evaluations of the applicant, certificate holder or licensee upon reasonable belief that the applicant, certificate holder or licensee is unable to practice nursing with reasonable skill and safety to patients.

      (2) When the board has reasonable cause to believe that an applicant, certificate holder or licensee is or may be unable to practice nursing with reasonable skill and safety to patients, the board may order a competency examination of the applicant, certificate holder or licensee for the purpose of determining the fitness of the applicant, certificate holder or licensee to practice nursing with reasonable skill and safety to patients.

      (3) A licensee or certificate holder by practicing nursing, or an applicant by applying to practice nursing in Oregon, gives consent to submit to mental health, physical condition or chemical dependency evaluations when ordered by the board and waives any objection on the grounds of privileged communication to the admissibility of information derived from evaluations ordered by the board.

      (4) By rule, the board may require evidence of continuing education in an accredited program as a prerequisite for renewal of registered or practical nursing licenses, or both, or may require continuing education for persons whose license has lapsed for nonpayment of fees, who have not practiced nursing for five years, or who have their licenses suspended or revoked as a condition to relicensure. [1973 c.584 §9; 1975 c.205 §5; 1995 c.79 §341; 1999 c.375 §1]

 

      678.115 [1957 c.316 §20 (enacted in lieu of 678.120); 1971 c.734 §121; repealed by 1973 c.584 §24]

 

      678.117 Procedure for imposing civil penalty; amount; rules. (1) The Oregon State Board of Nursing shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for any violation of ORS 678.010 to 678.445 or any rule of the board. No civil penalty shall exceed $5,000.

      (2) In imposing a penalty pursuant to this section, the board shall consider the following factors:

      (a) The past history of the person incurring the penalty in observing the provisions of ORS 678.010 to 678.445 and the rules adopted pursuant thereto.

      (b) The economic and financial conditions of the person incurring the penalty.

      (3) Any penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board considers proper and consistent with the public health and safety.

      (4) Civil penalties under this section shall be imposed as provided in ORS 183.745.

      (5) All penalties recovered under this section shall be credited to the special account described in ORS 678.170. [1973 c.584 §22; 1981 c.369 §8; 1985 c.23 §3; 1991 c.734 §72; 1999 c.375 §2]

 

      678.120 [Repealed by 1957 c.316 §19 (678.115 enacted in lieu of 678.120)]

 

      678.121 [1957 c.316 §22; repealed by 1971 c.734 §21]

 

      678.123 Prohibited acts. It shall be unlawful for any person:

      (1) To sell or fraudulently obtain or furnish any diploma or license or record thereof for any person not graduated from an accredited nursing program or is not licensed under ORS 678.010 to 678.410 or to sell or fraudulently obtain or furnish any certificate to a person not certified as a nursing assistant.

      (2) To practice nursing under authority of a diploma or license or record thereof illegally or fraudulently obtained or issued unlawfully.

      (3) To employ unlicensed persons to practice practical or registered nursing. [1973 c.584 §10; 1989 c.800 §4]

 

      678.125 [1957 c.316 §24; repealed by 1973 c.584 §24]

 

      678.126 Confidentiality of information; duty to investigate complaints; immunity. (1) Any information that the Oregon State Board of Nursing obtains pursuant to ORS 678.021, 678.111, 678.113, 678.123, 678.135 or 678.442 is confidential as provided under ORS 676.175.

      (2) Upon receipt of a complaint under ORS 678.010 to 678.410 or 678.442, the Oregon State Board of Nursing shall conduct an investigation as described under ORS 676.165.

      (3) Any person, facility, licensee or association that reports or provides information to the board under ORS 678.021, 678.111, 678.113, 678.123, 678.135 or 678.442 in good faith shall not be subject to an action for civil damages as a result thereof. [1981 c.369 §14; 1985 c.23 §6; 1997 c.791 §22]

 

      678.128 Liability of complainants, witnesses, investigators, counsel and board members in disciplinary proceedings. (1) Members of the Oregon State Board of Nursing, members of its administrative and investigative staff and its attorneys acting as prosecutors or counsel shall have the same privileges and immunities from civil and criminal proceedings arising by reason of official actions as prosecuting and judicial officers of the state.

      (2) No person who has made a complaint as to the conduct of a licensee of the board or who has given information or testimony relative to a proposed or pending proceeding for misconduct against the licensee of the board, shall be answerable for any such act in any proceeding except for perjury. [1981 c.369 §13]

 

      678.130 [Amended by 1953 c.254 §16; 1957 c.316 §25; 1963 c.50 §3; repealed by 1969 c.71 §9]

 

      678.135 Duty to report violations to board. Any health care facility licensed as required by ORS 441.015, any person licensed by the Oregon State Board of Nursing, the Oregon Nurses Association or any other organization representing registered or licensed practical nurses shall, and any other person may, report to the board any suspected violation of ORS 678.010 to 678.410 or any rule adopted pursuant thereto. [1985 c.23 §5]

 

(State Board)

 

      678.140 Oregon State Board of Nursing; term; appointment; qualifications; confirmation. (1) There is created an Oregon State Board of Nursing composed of nine members, five of whom shall be registered nurses, two of whom shall be licensed practical nurses and two of whom shall be members of the public who are otherwise not eligible for appointment to the board.

      (2) In making appointments of registered nurses, the Governor shall consider geographic balance in making the appointments and shall ensure that the following areas of practice are represented on the board:

      (a) One nursing educator;

      (b) One nursing administrator;

      (c) Two nonsupervisory nurses involved in direct patient care; and

      (d) One nurse practitioner.

      (3) The members of the board shall be appointed by the Governor for terms of three years, beginning on January 1. No member shall be eligible to appointment for more than two consecutive terms. An unexpired term of a board member shall be filled in the same manner as an original appointment is made. The appointment shall be for the remainder of the unexpired term. All appointments of members of the board by the Governor are subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution.

      (4) Two months before the expiration of the term of office of a nurse member of the board, or when a vacancy occurs in the office of a nurse member, the Oregon Nurses Association or any other organization representing registered nurses, if the vacancy is in a registered nurse position, or the Oregon Licensed Practical Nurses Association or any other organization representing licensed practical nurses, if the vacancy is in a licensed practical nurse position, may submit a list of three names of persons qualified for the appointment. The appointment of nurse members or practical nurse members may be made from the respective lists.

      (5) At the time of appointment, each member of the board must be a citizen of the United States and a resident of Oregon. Each nurse member must be currently licensed and not under disciplinary status with the board in the category for which appointed with at least five years’ experience therein, three of which were immediately prior to appointment. The public members and any person in the immediate family of the public members shall not be employed as a health professional or in any health-related industry.

      (6) The Governor may remove a member of the board for cause. [Amended by 1953 c.254 §16; 1957 c.316 §26; 1971 c.650 §27; 1973 c.584 §12; 1973 c.792 §34; 1981 c.206 §1; 1983 c.113 §1; 1995 c.79 §342; 1997 c.141 §1]

 

      678.150 Powers, functions and duties of board, officers and executive director; rules; subpoena powers. (1) The Oregon State Board of Nursing shall elect annually from its number a president, a president-elect and a secretary, each of whom shall serve until a successor is elected and qualified. The board shall meet on the call of the president or as the board may require. Special meetings of the board may be called by the secretary upon the request of any three members. Five members shall constitute a quorum.

      (2) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. Notwithstanding ORS 292.495 (1), a board member shall receive up to $150 for each day or portion thereof during which the member is actually engaged in the performance of official duties.

      (3) The board shall adopt a seal which shall be in the care of the executive director.

      (4) The board shall keep a record of all its proceedings and of all persons licensed and schools or programs accredited or approved under ORS 678.010 to 678.445. The records shall at all reasonable times be open to public scrutiny.

      (5) Subject to the State Personnel Relations Law, the board shall hire, define the duties and fix the salary of an executive director who shall hire and define the duties of such other employees as are necessary to carry into effect the provisions of ORS 678.010 to 678.445. The executive director, with approval of the board, may also employ special consultants. All salaries, compensation and expenses incurred or allowed shall be paid out of funds received by the board.

      (6) The board shall determine the qualifications of applicants for a license to practice nursing in this state and establish educational and professional standards for such applicants subject to laws of this state.

      (7) The board shall:

      (a) Exercise general supervision over the practice of nursing in this state.

      (b) Prescribe standards and approve curricula for nursing education programs preparing persons for licensing under ORS 678.010 to 678.445.

      (c) Provide for surveys of nursing education programs at such times as may be necessary.

      (d) Accredit such nursing education programs as meet the requirements of ORS 678.010 to 678.445 and of the board.

      (e) Deny or withdraw accreditation from nursing education programs for failure to meet prescribed standards.

      (f) Examine, license and renew the licenses of duly qualified applicants and administer examinations for other states where requested to do so by the other state.

      (g) Issue subpoenas for any records relevant to a board investigation, including patient and other medical records, personnel records applicable to nurses and nursing assistants, records of schools of nursing and nursing assistant training records and any other relevant records; issue subpoenas to persons for personal interviews relating to board investigations; compel the attendance of witnesses; and administer oaths or affirmations to persons giving testimony during an investigation or at hearings. In any proceeding under this subsection, when a subpoena is issued to an applicant, certificate holder or licensee of the board, a claim of nurse-patient privilege under ORS 40.240 or of psychotherapist-patient privilege under ORS 40.230 is not grounds for quashing the subpoena or for refusing to produce the material that is subject to the subpoena.

      (h) Enforce the provisions of ORS 678.010 to 678.445, and incur necessary expenses therefor.

      (i) Prescribe standards for the delegation of special tasks of patient care to nursing assistants and for the supervision of nursing assistants. The standards must include rules governing the delegation of administration of noninjectable medication by nursing assistants and must include rules prescribing the types of noninjectable medication that can be administered by nursing assistants, and the circumstances, if any, and level of supervision under which nursing assistants can administer noninjectable medication. In formulating the rules governing the administration of noninjectable medication by nursing assistants, the board shall consult with nurses, physicians, gerontologists and pharmacologists. Notwithstanding any other provision of this paragraph, however, determination of the appropriateness of the delegation of a special task of patient care shall remain with the registered nurse issuing the order.

      (j) Notify licensees at least annually of changes in legislative or board rules that affect the licensees. Notice may be by newsletter or other appropriate means.

      (8) The board shall determine the scope of practice as delineated by the knowledge acquired through approved courses of education or through experience.

      (9) For local correctional facilities, lockups and juvenile detention facilities, as defined in ORS 169.005, youth correction facilities as defined in ORS 420.005, for facilities operated by a public agency for detoxification of persons who use alcohol excessively, for homes or facilities licensed under ORS 443.705 to 443.825 for adult foster care, and for facilities licensed under ORS 443.400 to 443.455 for residential care, training or treatment, the board shall adopt rules pertaining to the provision of nursing care, and to the various tasks relating to the administration of noninjectable medication including administration of controlled substances. The rules must provide for delegation of nursing care and tasks relating to the administration of medication to other than licensed nursing personnel by a physician licensed by the Board of Medical Examiners for the State of Oregon or by a registered nurse, designated by the facility. Such delegation must occur under the procedural guidance, initial direction and periodic inspection and evaluation of the physician or registered nurse. However, the provision of nursing care may be delegated only by a registered nurse.

      (10) The board may require applicants, licensees and certificate holders under ORS 678.010 to 678.445 to provide to the board data concerning the individual’s nursing employment and education.

      (11) For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the board may require the fingerprints of a person who is:

      (a) Applying for a license or certificate that is issued by the board;

      (b) Applying for renewal of a license or certificate that is issued by the board; or

      (c) Under investigation by the board.

      (12) Pursuant to ORS chapter 183, the board shall adopt rules necessary to carry out the provisions of ORS 678.010 to 678.445. [Amended by 1953 c.254 §16; 1957 c.316 §28; subsections (5) to (9) enacted as 1957 c.316 §30; 1973 c.584 §14; 1975 c.659 §2; 1977 c.309 §2; 1979 c.771 §1; 1981 c.369 §9; 1983 c.511 §1; 1983 c.598 §2; 1987 c.369 §1; 1993 c.114 §1; 1999 c.375 §3; 2001 c.275 §3; 2001 c.763 §1; 2003 c.297 §1; 2005 c.730 §48]

 

      678.153 Interagency agreement to share results of nationwide criminal records check. The Department of Human Services and the Oregon State Board of Nursing shall enter into an interagency agreement to share the results of nationwide criminal records checks conducted under ORS 181.534 on subject individuals who are subject to criminal records checks by both the department and the board. [2005 c.730 §67]

 

      Note: 678.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.155 Restrictions on certain standards prescribed by board. (1) In carrying out its duties under ORS 678.150 (6), (7) and (8), the Oregon State Board of Nursing shall not make changes in entry level nursing education or licensure requirements unless such changes are enacted by the Legislative Assembly.

      (2) In carrying out its duties under ORS 678.150 (7)(i), the Oregon State Board of Nursing shall not prescribe any standard that would substantially alter the practices followed prior to July 1, 1979, in long term care facilities relating to the administration of noninjectable medication by nursing assistants, except for the training requirements in ORS 678.440. [1979 c.770 §17; 1985 c.208 §2; 1985 c.565 §92a; 1987 c.158 §141]

 

      Note: 678.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.157 Limitation on authority of board over nurse delegation of authority. Nothing in ORS 678.150 and this section affects the limitation on the authority of the board imposed by ORS 678.155 and 678.445 in carrying out its duties under ORS 678.150 (7)(i). [1979 c.771 §4; 1985 c.565 §92b]

 

      Note: 678.157 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.158 Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate. The lapse, suspension or revocation of a license or certificate by the operation of law or by order of the Oregon State Board of Nursing or by the decision of a court of law, or the voluntary surrender of a license by a licensee or of a certificate by a certificate holder, shall not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee or certificate holder or to revise or render null and void an order of disciplinary action against the licensee or certificate holder. [2001 c.275 §6]

 

      Note: 678.158 was added to and made a part of 678.010 to 678.445 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      678.160 [Amended by 1953 c.254 §16; 1957 c.316 §31; 1967 c.559 §2; 1969 c.314 §79; repealed by 1973 c.584 §24]

 

      678.162 [1953 c.254 §9; repealed by 1973 c.584 §24]

 

      678.164 Enjoining violations or threatened violations. (1) Upon suit by the Oregon State Board of Nursing for which no bond shall be required, the circuit courts have jurisdiction to restrain or enjoin any violation or threatened violation of ORS 678.010 to 678.410. Such suit may be brought against a person who practices nursing without a current license or who practices registered nursing when licensed as a practical nurse or who has failed to become licensed or whose license has been suspended, revoked or declared void.

      (2) The remedies provided for in this section are in addition to, and not in lieu of, criminal penalties provided for in ORS 678.990. [1953 c.254 §11; 1957 c.316 §32; 1973 c.584 §15]

 

      678.166 [1953 c.254 §10; repealed by 1973 c.584 §24]

 

      678.168 Disposition of fines. All fines imposed and collected under ORS 678.990 (1) shall be paid into the treasury of the county in which such suits, actions or proceedings were commenced. All moneys thus paid into the treasury, over and above the amount necessary to reimburse the county for any expense incurred by the county in any suit, action or proceeding shall be paid before January 1 of each year into the General Fund in the State Treasury and placed to the credit of the Criminal Fine and Assessment Account. [1953 c.254 §12; 1973 c.584 §16; 1981 c.369 §11; 1991 c.460 §7]

 

      678.170 Disposition of receipts. (1) All money received by the Oregon State Board of Nursing under ORS 678.010 to 678.445 shall be paid into the General Fund in the State Treasury and placed to the credit of the Oregon State Board of Nursing Account. Such moneys are appropriated continuously and shall be used only for the administration and enforcement of ORS 678.010 to 678.445.

      (2) The board shall keep a record of all moneys deposited in the Oregon State Board of Nursing Account. This record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

      (3) The board may maintain a petty cash fund in compliance with ORS 293.180 in the amount of $1,000. [Amended by 1973 c.584 §16a; 1981 c.101 §1]

 

      678.210 [Amended by 1959 c.49 §1; repealed by 1973 c.584 §24]

 

      678.220 [Repealed by 1973 c.584 §24]

 

      678.230 [Repealed by 1973 c.584 §24]

 

      678.235 [1959 c.49 §3; 1967 c.559 §3; repealed by 1973 c.584 §24]

 

      678.237 [1967 c.559 §5; repealed by 1973 c.584 §24]

 

      678.240 [Amended by 1959 c.49 §5; repealed by 1973 c.584 §24]

 

(Nurse Anesthetists)

 

      678.245 Definitions for ORS 678.245 to 678.285. As used in ORS 678.245 to 678.285:

      (1) “Anesthesiologist” means a physician who has completed a residency program in anesthesiology that meets or exceeds the standards adopted by the Board of Medical Examiners.

      (2) “Certified registered nurse anesthetist” means a registered nurse licensed by the Oregon State Board of Nursing as a certified registered nurse anesthetist.

      (3) “Medical collaboration” means approval of the anesthesia plan by an anesthesiologist and an anesthesiologist being readily available during the administration of anesthetic agents until the patient’s post-anesthesia condition is satisfactory and stable.

      (4) “Physician” means a doctor of medicine or osteopathy licensed in Oregon under ORS chapter 677.

      (5) “Procedure” means surgery, labor and delivery or other medical services in a hospital or ambulatory surgical center, as defined in ORS 442.015, rendered by a physician or other health care provider qualified by appropriate state license and hospital or center privileges or hospital or center written authorization to render such services. [1997 c.575 §1]

 

      Note: 678.245 to 678.285 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.250 [Amended by 1973 c.584 §17; renumbered 678.045]

 

      678.255 Provision of nurse anesthetist services in ambulatory surgical centers. (1) Except as provided in subsection (2) of this section, anesthesia care in an ambulatory surgical center shall be delivered by an anesthesiologist or by a certified registered nurse anesthetist acting with the medical collaboration of an anesthesiologist.

      (2) When no anesthesiologist is readily available for medical collaboration on anesthesia services for a procedure performed in an ambulatory surgical center, a certified registered nurse anesthetist may deliver the following services without medical collaboration:

      (a) Assessment of the health status of the patient as that status relates to the relative risks associated with anesthetic management of the patient;

      (b) Determination and administration of an appropriate anesthesia plan, including but not limited to selection, ordering and administration of anesthetic agents, airway management and monitoring and recording of vital signs, life support functions, mechanical support use, fluid management and electrolyte and blood component balance;

      (c) Action necessary to counteract problems that may develop during implementation of the anesthesia plan; and

      (d) Necessary or routine post-anesthesia care.

      (3) When no anesthesiologist is readily available for medical collaboration on anesthesia services in an ambulatory surgical center, a certified registered nurse anesthetist shall review the patient’s pertinent medical records, including the medical evaluation of the patient, prior to determining an appropriate anesthesia plan.

      (4) This section does not prohibit any other licensed health care professional from rendering or supervising anesthesia services if such services are within the scope of the professional’s license. [1997 c.575 §2]

 

      Note: See note under 678.245.

 

      678.260 [Repealed by 1973 c.584 §24]

 

      678.265 Ambulatory surgical center oversight of nurse anesthetists. Ambulatory surgical center bylaws, rules and regulations may establish requirements for ready availability of an anesthesiologist for medical collaboration consistent with ORS 678.255 and provide for credentialing, supervision, monitoring, education and professional liability insurance for a certified registered nurse anesthetist consistent with ORS 678.255 and the scope of practice established by the Oregon State Board of Nursing pursuant to ORS 678.285. [1997 c.575 §3]

Note: See note under 678.245.

 

      678.270 [Repealed by 1973 c.584 §24]

 

      678.275 Provision of nurse anesthetist services in hospitals. (1) A certified registered nurse anesthetist may deliver the following services without medical collaboration in connection with a procedure performed in a hospital:

      (a) Assessment of the health status of the patient as that status relates to the relative risks associated with anesthetic management of the patient;

      (b) Determination and administration of an appropriate anesthesia plan, including but not limited to selection, ordering and administration of anesthetic agents, airway management and monitoring and recording of vital signs, life support functions, mechanical support use, fluid management and electrolyte and blood component balance;

      (c) Action necessary to counteract problems that may develop during implementation of the anesthesia plan; and

      (d) Necessary or routine post-anesthesia care.

      (2) Consistent with the provisions of ORS 678.245 to 678.285 and the scope of practice established by the Oregon State Board of Nursing pursuant to ORS 678.285, hospital rules and regulations and medical staff bylaws may define whether the delivery of anesthesia services in connection with a procedure in a hospital by a certified registered nurse anesthetist shall be:

      (a) Deemed practice by an independent health care provider;

      (b) Subject to a requirement of supervision or medical collaboration by an anesthesiologist; or

      (c) Subject to any other requirement that may be applied with due regard for patient health and safety. [1997 c.575 §4]

 

      Note: See note under 678.245.

 

      678.280 [Amended by 1969 c.71 §4; repealed by 1973 c.584 §24]

 

      678.285 Board regulation of nurse anesthetists; rules. Consistent with the provisions ORS 678.245 to 678.285, the Oregon State Board of Nursing shall adopt rules necessary to establish:

      (1) The scope of practice of a certified registered nurse anesthetist;

      (2) Procedures for issuing certification of special competency for a certified registered nurse anesthetist;

      (3) Educational and competency requirements required for certification; and

      (4) Procedures for the maintenance of certification as a certified registered nurse anesthetist, including but not limited to fees necessary for original or renewal certification. [1997 c.575 §5]

 

      Note: See note under 678.245.

 

      678.290 [Amended by 1957 c.293 §2; 1959 c.49 §6; 1969 c.71 §5; repealed by 1973 c.584 §24]

 

      678.300 [Repealed by 1973 c.584 §24]

 

      678.310 [Amended by 1971 c.734 §122; repealed by 1973 c.584 §24]

 

      678.320 [Repealed by 1971 c.734 §21]

 

      678.325 [1985 c.208 §1; repealed by 1993 c.18 §147]

 

      678.330 [Amended by 1959 c.49 §7; 1967 c.559 §6; 1969 c.314 §80; repealed by 1973 c.584 §24]

 

      678.335 [1967 c.559 §8; repealed by 1973 c.584 §24]

 

(Nursing Education Programs)

 

      678.340 Requirements for institutions desiring to establish nursing education programs. (1) Any institution desiring to establish a nursing education program leading to licensing or a continuing education program that may be recognized or required by the Oregon State Board of Nursing to supplement such program shall apply to the board and submit satisfactory evidence that it is prepared to meet the curricula and standards prescribed by the board.

      (2) In considering applications under subsection (1) of this section the board shall review statewide needs for nursing education programs or supplementary programs, financial resources of the institution making application, its clinical resources and its ability to retain qualified faculty.

      (3) No institution or program shall represent itself as qualified or accredited to prepare nurses for licensing unless it is accredited by the board. [Amended by 1973 c.584 §18]

 

      678.350 [Repealed by 1973 c.584 §24]

 

      678.360 Survey to evaluate facilities; ensuring compliance with requirements. (1) From time to time as considered necessary by the Oregon State Board of Nursing, it shall cause a surv