71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1146
House Bill 2263
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)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes Oregon State Board of Nursing to issue, discipline
and charge fees for inactive licenses. Requires applicants,
licensees and certificate holders to provide certain data to
board. Establishes continuing jurisdiction of board over certain
licensees and certificate holders.
A BILL FOR AN ACT
Relating to authority of Oregon State Board of Nursing; creating
new provisions; and amending ORS 678.050, 678.111, 678.150 and
678.410.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 678.050 is amended to read:
678.050. (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 Oregon. The board
shall issue a wallet sized license as evidence of current
licensure. The applicant shall be required to pass an examination
in such subjects relating to nursing at the practical or
registered level as the board may determine necessary to protect
the public health and welfare.
(2) All duly qualified applicants who pass the examination
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. 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 Oregon unless an application is made to the board for a
limited license and it is issued to the applicant. The board, in
issuing such limited license, may 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 approved or designated by the board. No person
shall be issued a license if, in the judgment of the board, the
person's conduct has been such, during absence from practice,
that the applicant would be denied a license if applying for an
initial license to practice nursing in this state.
(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 Oregon consistent with the
standards and requirements established by the board:
(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 in inactive status. + }
SECTION 2. ORS 678.111 is amended to read:
678.111. In the manner prescribed in ORS 183.310 to 183.550 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 United States, or any foreign
jurisdiction authorized to issue nursing credentials whether or
not that license or credential was relied upon in issuing that
license in this state. A certified copy of the order of
revocation or suspension shall be conclusive evidence of such
revocation or suspension.
(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 in inactive status may be denied or
suspended or revoked for the reasons stated in subsection (1) of
this section. + }
SECTION 3. 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.
(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) 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. + }
{ - (10) - } { + (11) + } 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.
SECTION 4. ORS 678.410 is amended to read:
678.410. (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) Inactive license. + }
(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 $40 per biennium for the certification
fee under subsection (1)(p) of this section.
SECTION 5. { + Section 6 of this 2001 Act is added to and made
a part of ORS 678.010 to 678.445. + }
SECTION 6. { + 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. + }
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