Chapter 763 Oregon Laws 2001
AN ACT
HB 2251
Relating to daily
compensation for members of Oregon State Board of Nursing; amending ORS
678.150.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 678.150 is amended to read:
678.150. (1) The Oregon State Board of Nursing shall elect
annually from its number a president and 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 shall include rules governing the delegation of
administration of noninjectable medication by nursing assistants and shall
include rules prescribing the types of noninjectable medication which 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 shall
provide for delegation of nursing care and tasks relating to the administration
of medication to other than licensed nursing personnel by a physician licensed
by the Board of Medical Examiners for the State of Oregon or by a registered
nurse, designated by the facility. Such delegation must occur under the
procedural guidance, initial direction and periodic inspection and evaluation
of the physician or registered nurse. However, the provision of nursing care
shall only be delegated by a registered nurse.
(10) Pursuant to ORS 183.310 to 183.550, the board shall
adopt rules necessary to carry out the provisions of ORS 678.010 to 678.445.
Approved by the Governor
July 6, 2001
Filed in the office of
Secretary of State July 6, 2001
Effective date January 1,
2002
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