Chapter 465 Oregon Laws 2001

AN ACT

SB 887

Relating to employment of licensed out-of-state nurses for temporary assignments; amending ORS 678.010, 678.031 and 678.034; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 678.010 is amended to read:

678.010. 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.

[(5)] (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.

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

[(7)] (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.

[(8)] (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.

[(9)] (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.

[(10)] (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.

SECTION 2. ORS 678.031 is amended to read:

678.031. ORS 678.010 to 678.410 do not apply to:

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

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

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

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

(5) 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 [which] 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.

(6) 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 [which] that are for the general public benefit limited to the following:

(a) Transport teams;

(b) Red Cross Blood Services personnel;

(d) Disaster teams; [or]

(e) Staffing a coronary care unit, intensive care unit or emergency department in a hospital [which] 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.

SECTION 3. ORS 678.034 is amended to read:

678.034. (1) Hospitals and long term care facilities employing nurses under ORS 678.031 (6)(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 (6)(e) and (f), at the time of employment, also must apply for an Oregon license by indorsement.

SECTION 4. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 19, 2001

Filed in the office of Secretary of State June 19, 2001

Effective date July 1, 2001

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