71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2251
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Oregon State Board of Nursing)
CHAPTER ................
AN ACT
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.
Enrolled House Bill 2251 (HB 2251-INTRO) Page 1
(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
Enrolled House Bill 2251 (HB 2251-INTRO) Page 2
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.
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Passed by House May 29, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 20, 2001
...........................................................
President of Senate
Enrolled House Bill 2251 (HB 2251-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2251 (HB 2251-INTRO) Page 4