Oregon Chapter 678
Chapter 678 — Nurses; Nursing Home AdministratorsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 678 —
Nurses; Nursing Home Administrators
2007 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; rules
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
(Miscellaneous)
678.420 Declaration
of nursing workforce and faculty shortage
678.425 Advisory
organizations
(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; rules
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
(3) Nursing practiced outside this state
that is incidental to a distance learning program provided by an institution of
higher education located in
(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
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
(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
(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
(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
(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, safety or welfare.
(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; 2007 c.335 §1]
678.113
When evaluation of mental or physical condition, demonstration of competency or
evidence of continuing education may be required; rules. (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
(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
(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
(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 Oregon Medical Board 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 Oregon Medical Board.
(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
(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 survey of the
institutions accredited to provide nursing education programs to be made. A
report in writing shall be submitted to the board. The report is to include an
evaluation of physical facilities and clinical resources, courses of study and
qualifications of instructors. If, in the opinion of the board, the
requirements for accredited programs are not being met by any institution,
notice thereof shall be given to the institution in writing specifying the
defect and prescribing the time within which the defect must be corrected.
(2) The board shall withdraw accreditation
from an institution which fails to correct the defect reported to it under
subsection (1) of this section within the period of time prescribed in the
report. The institution may request and if requested shall be granted a hearing
before the board in the manner required for contested cases under ORS chapter
183. [Amended by 1973 c.584 §19]
(Circulating
Nurses)
678.362
Circulating nurses; duties.
(1) As used in this section:
(a) “Circulating nurse” means a registered
nurse who is responsible for coordinating the nursing care and safety needs of
the patient in the operating room and who also meets the needs of operating
room team members during surgery.
(b) “Type I ambulatory surgical center”
means a licensed health care facility for the performance of outpatient
surgical procedures including, but not limited to, cholesystectomies,
tonsillectomies or urological procedures, involving general anesthesia or a
relatively high infection control consideration.
(2)(a) The duties of a circulating nurse
performed in an operating room of a Type I ambulatory surgical center or a
hospital shall be performed by a registered nurse licensed under ORS 678.010 to
678.410.
(b) In any case requiring anesthesia or
conscious sedation, a circulating nurse shall be assigned to, and present in,
an operating room for the duration of the surgical procedure unless it becomes
necessary for the circulating nurse to leave the operating room as part of the
surgical procedure. While assigned to a surgical procedure, a circulating nurse
may not be assigned to any other patient or procedure.
(c) Nothing in this section precludes a
circulating nurse from being relieved during a surgical procedure by another
circulating nurse assigned to continue the surgical procedure.
(3) At the request of a Type I ambulatory
surgical center or a hospital, the Department of Human Services may grant a
variance from the requirements of this section based on patient care needs or
the nursing practices of the surgical center or hospital. [2005 c.665 §3]
Note: 678.362 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.
(Registered
Nurse First Assistants)
678.366
Registered nurse first assistants; rules. The Oregon State Board of Nursing shall adopt rules establishing
procedures for the recognition of registered nurses who become registered nurse
first assistants by receiving additional certification through nationally
recognized professional organizations. [2005 c.628 §5]
(Clinical
Nurse Specialists)
678.370
Clinical nurse specialists; certificates. (1) The Oregon State Board of Nursing shall issue a certification to
act as a clinical nurse specialist to any nurse who meets the requirements
established by the board pursuant to ORS 678.372.
(2) A person may not act as a clinical
nurse specialist, use the name, title, designation, initial or abbreviation of
clinical nurse specialist or otherwise hold oneself out as a clinical nurse
specialist unless the person is certified as a clinical nurse specialist
pursuant to subsection (1) of this section.
(3) A certified clinical nurse specialist
is authorized to prescribe drugs for the use of and administration to other
persons if approval has been given under ORS 678.390. The authority to
prescribe and dispense prescription drugs shall be included within the scope of
practice of certified clinical nurse specialists as defined by rules of the
board subject to ORS 678.385. [1999 c.498 §2; 2005 c.462 §4]
678.372
Rules for clinical nurse specialists. The Oregon State Board of Nursing shall adopt rules to implement ORS
678.370, including but not limited to rules establishing:
(1) Procedures and requirements for
initial issuance and continuation of certification to act as a clinical nurse
specialist, including but not limited to educational requirements;
(2) The scope of practice of clinical
nurse specialists, including the authority to prescribe and dispense
prescription drugs after approval of an application to do so by the board;
(3) Educational requirements for clinical
nurse specialists applying for prescriptive authority that include but are not limited
to:
(a) At least 45 contact hours in
pharmacology; and
(b) Clinical education in patient
management, including pharmacotherapeutics, that is comparable to the
requirements for completion of a nurse practitioner program;
(4) The amount of any fees necessary for
issuance of the initial certification, renewal of certification, initial
application for prescriptive authority and renewal of application for
prescriptive authority; and
(5) Such other rules as may be necessary
to implement and administer ORS 678.370. [1999 c.498 §3; 2005 c.462 §5]
(Nurse
Practitioners)
678.375
Nurse practitioners; certificates; prohibitions; authority to sign death
certificates; drug prescriptions. (1) The Oregon State Board of Nursing is authorized to issue
certificates of special competency to licensed registered nurses to practice as
nurse practitioners if they meet the requirements of the board pursuant to ORS
678.380.
(2) No person shall practice as a nurse
practitioner or hold oneself out to the public or to an employer, or use the
initials, name, title, designation or abbreviation as a nurse practitioner
until and unless such person is certified by the board.
(3) A registered nurse, certified as a
nurse practitioner, is authorized to complete and sign death certificates.
Death certificates signed by a certified nurse practitioner shall be accepted
as fulfilling all the requirements of the laws dealing with death certificates.
A certified nurse practitioner who signs a death certificate must comply with
all provisions of ORS 432.307.
(4) A registered nurse, certified as a
nurse practitioner, is authorized to prescribe drugs for the use of and
administration to other persons if approval has been given under ORS 678.390.
The drugs which the nurse practitioner is authorized to prescribe shall be
included within the certified nurse practitioner’s scope of practice as defined
by rules of the board subject to ORS 678.385.
(5) The dispensing of certain limited
medications prescribed by a nurse practitioner in accordance with the formulary
established under ORS 678.385 and dispensed by a licensed pharmacist or an
employee thereof may be filled by a pharmacist according to the terms of the
prescription. The filling of such a prescription shall not constitute evidence
of negligence on the part of the pharmacist if the prescription was dispensed
within the reasonable and prudent practice of pharmacy.
(6) As used in this section:
(a) “Drug” means medicines and
preparations for internal or external use of human beings which are recognized
in the formulary adopted pursuant to ORS 678.385.
(b) “Prescribe” means to direct, order or
designate the preparation, use of or manner of using by spoken or written words
or other means. [1975 c.205 §8; 1979 c.785 §1; 1993 c.469 §9; 1993 c.571 §28;
2001 c.357 §1; 2001 c.623 §5]
678.380
Rules for nurse practitioners; scope. The Oregon State Board of Nursing may adopt rules applicable to nurse
practitioners:
(1) Which establish their education,
training and qualifications necessary for certification.
(2) Which limit or restrict practice.
(3) Which establish categories of nurse
practitioner practice and define the scope of such practice.
(4) Which establish procedures for
maintaining certification, including continuing education and procedures for
the reinstatement of certificates rendered void by reason of nonpayment of
fees. [1975 c.205 §9]
(Prescriptive
Authority)
678.385
Prescription formulary; rules.
The Oregon State Board of Nursing by rule shall determine the drugs and
medicines to be included in the formulary that may be prescribed by a nurse
practitioner acting under ORS 678.375 or a clinical nurse specialist acting
under ORS 678.370 and 678.372, including controlled substances listed in
schedules II, III, III N, IV and V. The board shall revise the formulary
periodically. [1979 c.785 §16; 1987 c.79 §1; 1989 c.1006 §4; 1991 c.295 §1;
1993 c.742 §4; 1999 c.536 §1; 2005 c.462 §7]
678.390
Authority of nurse practitioner and clinical nurse specialist to write
prescriptions or dispense drugs; notice; requirements; revocation; rules. (1) The Oregon State Board of Nursing may
grant to a certified nurse practitioner or certified clinical nurse specialist
the privilege of writing prescriptions described in the formulary under ORS
678.385.
(2) A certified nurse practitioner or
certified clinical nurse specialist may submit an application to the Oregon
State Board of Nursing to dispense prescription drugs. The Oregon State Board
of Nursing shall provide immediate notice to the State Board of Pharmacy upon
receipt and upon approval of an application from a certified nurse practitioner
or certified clinical nurse specialist for authority to dispense prescription
drugs to the patients of the applicant.
(3) An application for the authority to dispense
prescription drugs as authorized under subsection (1) of this section must
include:
(a) Evidence of completion of a
prescription drug dispensing training program jointly developed and adopted by
rule by the Oregon State Board of Nursing and the State Board of Pharmacy.
(b) Except when a certified nurse
practitioner is seeking authority to dispense prescription drugs at a qualified
institution of higher education as defined in ORS 399.245, demonstration of a
lack of readily available access to pharmacy services in the practice area of
the applicant and that the lack of access would be corrected by granting
authority to dispense prescription drugs by the applicant. Lack of readily
available access to pharmacy services for patients may be established by
evidence:
(A) That the patients of the applicant are
located:
(i) Outside the boundaries of a
metropolitan statistical area;
(ii) Thirty or more highway miles from the
closest hospital within the major population center in a metropolitan
statistical area; or
(iii) In a county with a population of
less than 75,000; or
(B) Of financial barrier to access,
including but not limited to receiving services from a health care safety net
clinic or eligibility for participation in a patient assistance program of a
pharmaceutical company.
(c) Any other information required by the
Oregon State Board of Nursing.
(4) The Oregon State Board of Nursing
shall adopt rules requiring:
(a) Drugs dispensed by certified nurse
practitioners and certified clinical nurse specialists to be in the formulary
established under ORS 678.385 and be either prepackaged by a manufacturer
registered with the State Board of Pharmacy or repackaged by a pharmacist
licensed by the State Board of Pharmacy under ORS chapter 689;
(b) Labeling requirements for drugs
dispensed by certified nurse practitioners and certified clinical nurse
specialists that are the same as labeling requirements required of pharmacies
licensed under ORS chapter 689;
(c) Record keeping requirements for
prescriptions and drug dispensing by a certified nurse practitioner and a
certified clinical nurse specialist that are the same as the record keeping
requirements required of pharmacies licensed under ORS chapter 689;
(d) A dispensing certified nurse
practitioner and a dispensing certified clinical nurse specialist to have
available at the dispensing site a hard copy or electronic version of
prescription drug reference works commonly used by professionals authorized to
dispense prescription medications; and
(e) A dispensing certified nurse
practitioner and a dispensing certified clinical nurse specialist to allow
representatives of the State Board of Pharmacy, upon receipt of a complaint, to
inspect a dispensing site after prior notice to the Oregon State Board of Nursing.
(5) The Oregon State Board of Nursing has
sole disciplinary authority regarding certified nurse practitioners and
certified clinical nurse specialists who have drug dispensing authority.
(6) The privilege of writing prescriptions
and dispensing drugs may be denied, suspended or revoked by the Oregon State
Board of Nursing upon proof that the privilege has been abused. The procedure
shall be a contested case under ORS chapter 183. Disciplinary action under this
subsection is grounds for discipline of the certified nurse practitioner or
certified clinical nurse specialist in the same manner as a licensee may be
disciplined under ORS 678.111. [1979 c.785 §17; 1981 c.693 §29; 1983 c.486 §58;
1985 c.747 §53; 1987 c.79 §2; 1993 c.742 §5; 2003 c.617 §1; 2005 c.462 §6; 2005
c.471 §13]
678.395 [1995 c.627 §3; repealed by 1996 c.21 §1]
(Fees)
678.410
Fees; how determined. (1)
The Oregon State Board of Nursing may impose fees for the following:
(a) License renewal.
(b) Examination.
(c) License by indorsement.
(d) Limited license.
(e) Examination proctor service.
(f) Duplicate license.
(g) Extension of limited license.
(h) Nurse practitioner certificate.
(i) Reexamination for licensure.
(j) Delinquent fee.
(k) Renewal fee nurse practitioner.
(L) Verification of a license of a nurse
applying for license by indorsement in another state.
(m) Certified nurse practitioner’s initial
application and registration for writing prescriptions.
(n) Renewal of certified nurse
practitioner’s application for writing prescriptions.
(o) Approval of training program for
nursing assistants.
(p) Issuance, renewal and delinquency of a
nursing assistant certificate.
(q) Voluntary monitoring program for
chemical dependency or an emotional or physical problem.
(r) Clinical nurse specialist
certification established pursuant to ORS 678.370.
(s) Clinical nurse specialist’s initial
application for prescriptive authority.
(t) Renewal of clinical nurse specialist’s
application for prescriptive authority.
(u) Inactive license or certificate.
(v) Retired license or certificate.
(w) Nationwide criminal records check.
(2) Fees are nonrefundable.
(3) Subject to prior approval of the
Oregon Department of Administrative Services and a report to the Emergency
Board prior to adopting the fees and charges, the fees and charges established
under this section shall not exceed the cost of administering the regulatory
program of the board pertaining to the purpose for which the fee or charge is
established, as authorized by the Legislative Assembly within the board’s
budget, as the budget may be modified by the Emergency Board. If federal or
other funds are available to offset costs of administering the program, fees
shall be established based on net costs to the state but not to exceed $75 per
biennium for the certification fee under subsection (1)(p) of this section. [1969
c.71 §7; 1973 c.584 §20; 1975 c.205 §6; 1983 c.221 §4; 1987 c.79 §3; 1989 c.800
§5; 1991 c.193 §3; 1991 c.536 §2; 1991 c.703 §24; 1999 c.420 §3; 1999 c.498 §5;
2001 c.275 §4; 2005 c.380 §3; 2005 c.462 §10; 2007 c.532 §1]
(Miscellaneous)
678.420
Declaration of nursing workforce and faculty shortage. There is declared a nursing workforce and
nursing faculty shortage in
Note: 678.420 and 678.425 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.
678.425
Advisory organizations. The
Note: See note under 678.420.
(Nursing
Assistants)
678.440
Nursing assistants; training; effect of employing untrained assistant. (1) It is the intent of the Legislative
Assembly to require that nursing assistants be adequately trained.
(2) The Oregon State Board of Nursing
shall prepare curricula and standards for training programs for nursing
assistants. Such curricula and standards shall provide for additional training
for nursing assistants to administer noninjectable medications.
(3) The Department of Human Services may
impose civil penalties or revoke the license of any health care facility that
employs any untrained nursing assistant for a period of more than eight weeks
without providing for the training prescribed by the board. Any license which
is revoked shall be revoked as provided in ORS 441.030.
(4) As used in this section, “nursing
assistant” means a person who assists licensed nursing personnel in the
provision of nursing care. [1977 c.309 §1]
678.442
Certification of nursing assistants; rules. (1) The Oregon State Board of Nursing shall establish standards for
certifying and shall certify as a nursing assistant any person who applies
therefor, shows completion of an approved training program for nursing
assistants and passes a board approved examination.
(2) In the manner prescribed in ORS
chapter 183, the board may revoke or suspend a certificate issued under this
section or may reprimand a nursing assistant for the following reasons:
(a) Conviction of the certificate holder
of a crime where such crime bears demonstrable relationship to the duties of a
nursing assistant. 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) Any willful fraud or misrepresentation
in applying for or procuring a certificate or renewal thereof.
(c) Use of any controlled substance or
intoxicating liquor to an extent or in a manner dangerous or injurious to the
certificate holder or others or to an extent that such use impairs the ability
to conduct safely the duties of a nursing assistant.
(d) Violation of any provisions of ORS
678.010 to 678.445 or rules adopted thereunder.
(e) Physical or mental condition that
makes the certificate holder unable to perform safely the duties of a nursing
assistant.
(f) Conduct unbecoming a nursing assistant
in the performance of duties.
(3) The board shall establish by rule a
procedure for the biennial renewal of nursing assistant certificates. The
certificate renewal procedure shall be substantially like the procedure
established for the licensing of nurses under ORS 678.101. [1989 c.800 §3; 1991
c.536 §1]
678.444
Standards for training programs for nursing assistants. The Oregon State Board of Nursing shall
establish standards for training programs for nursing assistants. Upon
application therefor, the board shall review and approve programs that meet
board standards. The board by means of a contested case proceeding under ORS
chapter 183 may revoke approval of any training program that ceases to meet
board standards. [1989 c.800 §2]
678.445
Authority of nursing assistants to administer noninjectable medication;
authority of nurse to report questions about continuation of medication. (1) It is the intent of the Legislative
Assembly that the Oregon State Board of Nursing not adopt any standard the
practical effect of which is to prohibit a nursing assistant in a long term
care facility from administering noninjectable medication except under direct
supervision of a registered nurse.
(2) Where a nurse employed by the long
term care facility questions the efficacy, need or safety of continuation of
medications being dispensed by that nurse or by another employee of the facility
to a patient therein, the nurse shall report that question to the physician or
a nurse practitioner, if authorized to do so, ordering or authorizing the
medication and shall seek further instructions concerning the continuation of
the medication. [1979 c.770 §18]
678.505 [1977 c.635 §2; 1981 c.469 §2; renumbered
342.455]
678.510 [1955 c.489 §1(1),(3),(4),(5); 1957 c.579 §1;
repealed by 1971 c.663 §17]
678.515 [1977 c.635 §§3,4; 1981 c.469 §3; renumbered
342.475]
678.520 [1955 c.489 §11; 1957 c.579 §2; repealed by
1971 c.663 §17]
678.525 [1977 c.635 §5; 1981 c.469 §4; renumbered
342.465]
678.530 [1955 c.489 §1(2); 1957 c.579 §3; repealed
by 1971 c.663 §17]
678.540 [1955 c.489 §5; 1957 c.579 §4; 1961 c.371 §1;
repealed by 1971 c.663 §17]
678.550 [1955 c.489 §6; 1957 c.579 §5; 1967 c.487 §1;
repealed by 1971 c.663 §17]
678.560 [1955 c.489 §§7,8; 1957 c.579 §6; repealed
by 1971 c.663 §17]
678.570 [1955 c.489 §4; 1957 c.579 §7; repealed by
1971 c.663 §17]
678.575 [1957 c.579 §17; repealed by 1971 c.663 §17]
678.580 [1955 c.489 §9; repealed by 1957 c.579 §8
(678.581 enacted in lieu of 678.580)]
678.581 [1957 c.579 §9 (678.581 enacted in lieu of
678.580); repealed by 1971 c.663 §17]
678.590 [1955 c.489 §10; repealed by 1957 c.579 §10 (678.591
enacted in lieu of 678.590)]
678.591 [1957 c.579 §11 (678.591 enacted in lieu of
678.590); repealed by 1971 c.663 §17 and 1971 c.734 §21]
678.593 [1957 c.579 §13; repealed by 1971 c.663 §17
and 1971 c.734 §21]
678.596 [1957 c.579 §15; repealed by 1971 c.663 §17]
678.600 [1955 c.489 §2; 1957 c.579 §18; repealed by
1971 c.663 §17]
678.610 [1955 c.489 §3; 1957 c.579 §19; 1969 c.314 §81;
repealed by 1971 c.663 §17]
678.620 [1955 c.489 §13; repealed by 1971 c.663 §17]
LICENSED
NURSING HOME ADMINISTRATORS
(Generally)
678.710
Definitions for ORS 678.710 to 678.840. As used in ORS 678.710 to 678.840, unless the context requires
otherwise:
(1) “Board” means the Board of Examiners
of Nursing Home Administrators of the State of
(2) “Department” means the Department of
Human Services.
(3) “Dual facility” means a facility that
operates both a hospital and a long term care facility on the same campus.
(4) “Nursing home administrator” means an
individual responsible for planning, organizing and managing the operation of a
nursing home, whether or not such individual has an ownership interest in such
home and whether or not such functions are shared by one or more other
individuals, if:
(a) Final responsibility and authority are
retained in the nursing home administrator; and
(b) In the case of a dual facility, the
nursing home administrator may be subject to the authority of the administrator
of the dual facility or the dual facility administrator may administer the
nursing home if the administrator is licensed or otherwise qualified by statute
to administer a nursing home.
(5) “Nursing home” means any institution
or facility defined as a long term care facility for licensing purposes under
state statute or the rules of the department, including a long term care
facility operated as part of a dual facility.
(6) “Provisional license” means a
temporary license issued to a provisional nursing home administrator under the
rules of the board. [1971 c.663 §1; 1973 c.829 §57; 1989 c.495 §1; 1995 c.643 §1]
678.720
Prohibited acts relating to administration of nursing homes. (1) On and after July 1, 1971, unless an
individual holds a valid license issued under the provisions of ORS 678.710 to
678.780, 678.800 to 678.840 and 678.990 (2), an individual shall not:
(a) Practice or offer to practice as a
nursing home administrator; or
(b) Use in connection with the name of the
individual the words or letters “nursing home administrator,” “NHA” or any
other words, letters or abbreviations or insignia tending to indicate that such
individual is a licensed nursing home administrator.
(2) On and after July 1, 1971, no nursing
home shall be conducted or operated unless it is under the supervision of a
nursing home administrator who holds a valid license issued under the
provisions of ORS 678.710 to 678.780, 678.800 to 678.840 and ORS 678.990 (2). [1971
c.663 §2]
678.725
Reporting unlawful or unsatisfactory nursing home conditions; confidentiality
of information; limitation of liability. (1) Any health care facility licensed under ORS 441.015, any licensee
licensed by the Board of Examiners of Nursing Home Administrators of the State
of Oregon, any physician licensed by the Oregon Medical Board, any licensed
professional nurse and any licensed pharmacist shall, and any other person may,
report to the board suspected violations of ORS 678.710 to 678.840 and
insanitary or other unsatisfactory conditions in a nursing home.
(2) Information acquired by the board
pursuant to subsection (1) of this section is confidential and shall not be
subject to public disclosure.
(3) Any person who reports or provides
information to the board under subsection (1) of this section and who provides
information in good faith shall not be subject to an action for civil damages as
a result thereof. [1985 c.47 §7; 1995 c.643 §2]
(Licensing)
678.730
Licensing qualifications of administrator. (1) Any individual is qualified for licensure as a nursing home
administrator who:
(a) Meets the training or experience and
other standards established by rules of the Board of Examiners of Nursing Home
Administrators. The board shall accept one year of experience as an
administrator serving a dual facility in lieu of any residency or intern
requirement established pursuant to this paragraph; and
(b) Has passed an examination as provided
in ORS 678.740.
(2) Each license as a nursing home
administrator may be renewed by the board upon compliance by the licensee with
the requirements of ORS 678.760 and by presenting evidence of the completion of
the continuing education work required by the board. The board may require up
to 50 hours of continuing education in any one-year period.
(3) In establishing educational standards
pursuant to subsection (1)(a) of this section, the board shall require a
baccalaureate degree from an accredited school of higher education. However,
the educational requirement does not apply to any person who:
(a) Was a licensed administrator in any
jurisdiction of the
(b) Was an administrator of a dual
facility meeting the experience requirements pursuant to subsection (1)(a) of
this section.
(4) Notwithstanding the requirements
established under subsection (1) of this section, upon the request of the
governing body of a hospital, as defined in ORS 442.015 (19), the board shall
deem a health care administrator to have met the requirements for licensure as
a nursing home administrator if the health care administrator possesses an
advanced degree in management and has at least 10 years of experience in health
care management. [1971 c.663 §6; 1973 c.827 §68; 1973 c.829 §58a; 1985 c.47 §3;
1987 c.544 §1; 1989 c.495 §2; 1995 c.667 §5; 2001 c.104 §260]
678.740
Examination for license. (1)
Examinations for licensure as a nursing home administrator shall be conducted
at such times and places as the Board of Examiners of Nursing Home
Administrators of the State of
(2) The board shall, consistent with the
purposes for which the examination is given, determine the subjects, scope,
content and the minimum passing grade for examinations. [1971 c.663 §7; 1973
c.829 §59; 1979 c.127 §1; 1993 c.572 §1]
678.750
Applicability of licensing requirements to administrators of organizations that
rely on spiritual care and treatment. (1) Nothing in ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990
(2) or the rules adopted thereunder shall be construed to require an
individual, who is employed to administer an institution exempted under ORS
441.065 as an institution that is operated by and for persons who rely on
spiritual means alone for the care and treatment of the sick, to demonstrate
proficiency in any medical techniques or to meet any medical educational
qualifications or medical standards not in accord with the remedial care and
treatment provided in such institutions. Any license issued under ORS 678.710
to 678.780, 678.800 to 678.840 and 678.990 (2) to such an individual shall
indicate the limited extent of the authority of the individual to act as an
administrator.
(2) Subsection (1) of this section does
not limit or prohibit the operator of an institution from enforcing any
religious affiliation requirement imposed as a bona fide occupational
qualification or business necessity or as otherwise permitted by section 703(e)
of Title VII of the Civil Rights Act of 1964 or other provision of federal law.
[1971 c.663 §8; 1997 c.574 §1]
678.760
License; application; renewal; provisional licenses; rules. (1) Upon compliance with the requirements of
ORS 678.730 and the payment of a fee as determined by the Board of Examiners of
Nursing Home Administrators of the State of
(2) Upon application within one year following
expiration of an original or a renewal license, and the payment of a fee as
determined by the board under ORS 678.775, the board shall issue a renewal
license, provided the continuing education requirements and all other
requirements set by the board have been met. All renewal licenses shall expire
on June 30 of the next odd-numbered year or on such date as may be specified by
board rule.
(3) The fee for a provisional license
shall be determined by the board under ORS 678.775. [1971 c.663 §9; 1973 c.829 §60;
1979 c.127 §2; 1979 c.696 §17; 1993 c.572 §2; 1995 c.643 §3; 2007 c.768 §44]
678.770
Licensing reciprocity. (1)
The Board of Examiners of Nursing Home Administrators of the State of Oregon
may license by indorsement, without examination, any individual who applies
therefor, meets the requirements as established by the board and on the date of
making application is a nursing home administrator licensed under the laws of
any other state or territory of the United States if the requirements for licensing
of nursing home administrators in the state or territory in which the applicant
is licensed are not less than those required in ORS 678.710 to 678.780, 678.800
to 678.840 and 678.990 (2).
(2) Each applicant under this section
shall pay to the board at the time of filing the application a fee determined
by the board under ORS 678.775. [1971 c.663 §11; 1973 c.829 §61; 1993 c.572 §3]
678.775
Fees; prior approval required; limits; report. The fees and charges determined by the Board
of Examiners of Nursing Home Administrators of the State of
Note: 678.775 was added to and made a part of
678.710 to 678.840 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
(Discipline
of Administrators)
678.780
Grounds for discipline; confidentiality of information; authorized sanctions;
hearings. (1) The sanctions
authorized by subsection (2) of this section may be imposed upon the following
grounds:
(a) The employment of fraud or deception
in applying for or obtaining a nursing home administrator’s license.
(b) Engaging in conduct in the course of
acting as a nursing home administrator involving fraud, dishonesty,
malfeasance, cheating or other conduct as the Board of Examiners of Nursing
Home Administrators of the State of
(c) Conviction of a crime involving
circumstances that relate to the licensee’s fitness to continue practicing as a
nursing home administrator.
(d) Mistake or inadvertence in the
issuance of the license by the board.
(e) Physical or mental incapacity that
presents an unreasonable risk of harm to the licensee or to the person or
property of others in the course of performing the duties of a nursing home
administrator.
(f) Use of any controlled substance or
intoxicating liquor in a manner that impairs the licensee’s ability to conduct
safely the practice for which the licensee is licensed.
(g) The licensee has engaged in conduct
that would justify denying a license to an applicant.
(h) Violation of or noncompliance with any
applicable provisions of ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990
(2) or of any lawful rule or order of the board or continuous or substantial
violations of the rules adopted under ORS 441.055.
(i) Discipline imposed by any other
licensing body in this or any other state based on conduct that would be
grounds for discipline under this section or rules adopted by the board.
(j) Incompetence in performing the duties
of a nursing home administrator as demonstrated by evidence that the licensee
either lacks or did not use the knowledge or skill necessary to perform the
administrator’s duties in a minimally adequate manner.
(k) Employing or otherwise assisting
another person to act as a nursing home administrator with knowledge that the
person does not hold a valid license to practice as a nursing home
administrator.
(L) Failure to pay a civil penalty imposed
against the licensee in a timely manner.
(m) Unprofessional conduct as defined in
rules adopted by the board.
(2) Subject to ORS chapter 183, the board
may impose any or all of the following sanctions:
(a) Suspend, revoke or refuse to renew any
license required by ORS 678.720.
(b) A civil penalty not to exceed $1,000.
(c) Probation, with authority to limit or
restrict a license.
(d) Participation in a treatment program
for intoxicating liquor or controlled substances.
(3) Hearings under this section must be
conducted by an administrative law judge assigned from the Office of
Administrative Hearings established by ORS 183.605.
(4) Information that the board obtains as
part of an investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement involving
licensee or applicant conduct is confidential as provided under ORS 676.175. [1971
c.663 §14; 1973 c.58 §1; 1979 c.744 §52; 1985 c.47 §4; 1995 c.643 §4; 1997
c.791 §23; 1999 c.849 §§160,161; 2003 c.75 §58]
678.790
Procedure; review of orders.
(1) Where the Board of Examiners of Nursing Home Administrators proposes to
refuse to issue or renew a license, or proposes to revoke or suspend a license,
opportunity for hearing shall be accorded as provided in ORS chapter 183.
(2) Judicial review of orders under
subsection (1) of this section shall be in accordance with ORS chapter 183.
(3) If the final order of the court on
review reverses the board’s order of suspension, revocation or refusal to
renew, the board shall issue the license and reinstate the appellant not later
than the 30th day after the decision of the court. [1971 c.734 §124]
(Board)
678.800
Board of Examiners of Nursing Home Administrators; members; terms;
qualifications; confirmation.
(1) There is hereby created a Board of Examiners of Nursing Home Administrators
in the Department of Human Services.
(2) The board shall be composed of nine
individuals concerned with the care and treatment of the chronically ill or
infirm elderly patients and shall be appointed by the Governor after
consultation with the associations and societies appropriate to the professions
and institutions:
(a) Three members shall be nursing home
administrators licensed under ORS 678.710 to 678.780, 678.800 to 678.840 and
678.990 (2);
(b) One a medical doctor licensed by the
Oregon Medical Board actively engaged in private practice and conversant with
the care and treatment of the long-term patient;
(c) One licensed professional nurse
actively engaged in caring for chronically ill and infirm patients and licensed
by the Oregon State Board of Nursing;
(d) Three members representative of the
public at large, at least one of whom shall be at least 62 years of age;
(e) A pharmacist licensed by the State
Board of Pharmacy; and
(f) Except for those persons described in
paragraph (a) of this subsection, no member of the board shall have a direct
financial interest in a nursing home.
(3) All members of the board shall be
citizens of the
(4) The term of office of each member is
three years but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment but no member shall serve more than two consecutive terms. If there
is a vacancy for any cause the Governor shall make an appointment to become
immediately effective for the unexpired term.
(5) All appointments of members of the
board by the Governor are subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565.
(6) The members of the board are entitled
to compensation and expenses as provided in ORS 292.495.
(7) No public members of the board shall
hold any pecuniary interest in, or have any employment contract with, a long
term care facility. [1971 c.663 §3; 1973 c.58 §2; 1973 c.792 §35; 1975 c.234 §1;
1979 c.500 §1]
678.810
Board meetings; officers.
(1) The Board of Examiners of Nursing Home Administrators shall hold at least
two meetings each year. At any meeting a majority of the members of the board
shall constitute a quorum for the transaction of business.
(2) The board shall elect annually from
its membership a chairperson and a vice chairperson. [1971 c.663 §4; 2005 c.726
§8]
678.820
Duties and powers of board; rules. It shall be the function of the Board of Examiners of Nursing Home
Administrators to:
(1) Develop, impose and enforce standards
which shall be met by individuals in order to receive and retain a license as a
nursing home administrator, which standards shall be designed to insure that
nursing home administrators will be individuals who are qualified by training
or experience in the field of long-term health care administration to serve as
nursing home administrators.
(2) Develop and apply appropriate
techniques, including examinations and investigations for determining whether
an individual meets such standards, if examinations are reviewed periodically
to insure validity.
(3) Issue licenses to individuals
determined after application of such techniques, to meet such standards, and
subject to ORS chapter 183 impose any of the sanctions set out in ORS 678.780
where the individual holding any such license is determined substantially to
have failed to conform to the requirements of such standards.
(4) Establish and carry out procedures
designed to insure that individuals licensed as nursing home administrators
will, during any period that they serve as such, comply with the requirements
of such standards.
(5) Receive, investigate and take
appropriate action with respect to any charge or complaint filed with the board
in writing, charging that any individual licensed as a nursing home
administrator has failed to comply with the requirements of such standards.
(6) Conduct a continuing study and
investigation of nursing homes and administrators of nursing homes within the
state with a view to the improvement of standards imposed for the licensing of
such administrators and the procedures and methods for the enforcement of such
standards with respect to administrators of nursing homes who have been
licensed as such.
(7) Encourage qualified educational
institutions and other qualified organizations to establish, provide, conduct
and continue such training and instruction courses and programs as will enable
all otherwise qualified individuals to meet requirements established under ORS
678.710 to 678.780, 678.800 to 678.840 and 678.990 (2).
(8) Approve courses and programs conducted
within or without the state as sufficient to meet education and training
requirements established pursuant to ORS 678.710 to 678.780, 678.800 to 678.840
and 678.990 (2) and advise the appropriate state agencies regarding receipt and
administration of such federal funds as are made available for such purposes.
(9) In accordance with ORS 183.330, adopt,
amend and repeal rules which are necessary to carry out the provisions of ORS
678.710 to 678.780, 678.800 to 678.840 and 678.990 (2).
(10) Maintain a register of all licensed
nursing home administrators. [1971 c.663 §5; 1985 c.47 §5; 1995 c.79 §343]
678.825
Investigations; employment of investigator; coordination with Department of
Human Services. (1) Subject
to availability of funds therefor, the Board of Examiners of Nursing Home
Administrators may employ an investigator to investigate complaints and to
conduct board-initiated investigations pursuant to its authority under ORS
678.820 to develop, impose and enforce standards. In the absence of such
funding, investigations shall be coordinated with the Department of Human
Services.
(2) Upon receipt of a complaint under ORS
678.710 to 678.840, the board or the department shall conduct an investigation
as described under ORS 676.165. [1985 c.47 §9; 1997 c.791 §24]
678.830
Board of Examiners of Nursing Home Administrators Account; dispositions of moneys. (1) The Board of Examiners of Nursing Home
Administrators Account is established in the State Treasury, separate and
distinct from the General Fund. All moneys received by the Board of Examiners
of Nursing Home Administrators under ORS 678.710 to 678.780, 678.800 to 678.840
and 678.990 (2) shall be deposited into the account and are continuously
appropriated to the board to be used only for the administration of ORS 678.710
to 678.780, 678.800 to 678.840 and 678.990 (2) and the rules of the board adopted
thereunder and the provisions of ORS 441.015 to 441.063 and the rules for
nursing homes adopted by the Department of Human Services thereunder. Any
interest or other income from moneys in the account shall be credited to the
account.
(2) If a license is denied under ORS
678.710 to 678.780, 678.800 to 678.840 and 678.990 (2), 50 percent of the fee
for the license shall be refunded to the applicant. No portion of an
examination fee is refundable. [1971 c.663 §12; 1973 c.427 §20; 2005 c.726 §7]
(Enforcement)
678.840
Prevention of violations of ORS 678.710 to 678.840. Notwithstanding the existence and pursuit of
any other remedy, the Board of Examiners of Nursing Home Administrators may
maintain an action in the name of the state for injunction or other process or
proceedings against any person, firm, corporation or governmental unit to
restrain or prevent the illegal conduct or operation of a nursing home in
violation of ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990 (2). [1971
c.663 §15]
PENALTIES
678.990
Penalties. (1) Violation of
any provision of ORS 678.010 to 678.410 is a Class C misdemeanor.
(2) It shall be a misdemeanor for any
person to:
(a) Sell or fraudulently obtain or furnish
any license or permit or aid or abet therein under ORS 678.710 to 678.840; or
(b) Violate any of the provisions of ORS
678.720. [Amended by 1953 c.254 §16; subsections (1) and (2) enacted as 1953
c.254 §15; subsection (3) enacted as 1955 c.489 §12; 1957 c.316 §33; 1971 c.663
§16; subsection (3) enacted as 1971 c.663 §13; 1973 c.584 §21]
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