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]