71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3617
LC 1546/HB 3617-1
HOUSE AMENDMENTS TO
HOUSE BILL 3617
By COMMITTEE ON BUSINESS, LABOR, AND CONSUMER AFFAIRS
May 24
On page 1 of the printed bill, line 2, after 'facilities '
insert '; creating new provisions; amending ORS 441.030; and
prescribing an effective date'.
Delete lines 4 through 29 and delete page 2 and insert:
' { + SECTION 1. + } { + As used in sections 1 to 5 of this
2001 Act:
' (1) 'Health care facility' has the meaning given that term in
ORS 442.015, but does not include a long term care facility.
' (2) 'Nursing staff' means a registered nurse, a licensed
practical nurse, a nursing assistant and all other assistive
nursing personnel. + }
' { + SECTION 2. + } { + There is a direct positive
correlation between nursing staff and patient outcomes in health
care facilities. Therefore, it is the policy of this state to
require adequate numbers of nursing staff at health care
facilities to ensure that a patient's nursing care needs are met
when the patient is admitted to a health care facility. + }
' { + SECTION 3. + } { + (1) A health care facility shall
provide nursing staff based on the nursing staff plan described
in this section.
' (2) The chief nursing executive at a health care facility
shall develop and implement a written, hospital-wide nursing
staff plan for nursing services. The facility shall have a
process that ensures the consideration of input from direct care
nursing staff in the development, implementation, monitoring,
evaluation and modification of the nursing staff plan. The
nursing staff plan shall include the number, qualifications and
categories of nursing staff needed for all units. The nursing
staff plan shall be evaluated and monitored for effectiveness and
revised as necessary as part of the facility's quality assurance
process. Written documentation of these quality assurance
activities shall be maintained.
' (3) The nursing staff plan shall:
' (a) Be based on the aggregate and individual nursing care
needs of patients, which are the primary considerations in
determining the number of categories of nursing staff needed;
' (b) Be based on the specialized qualifications and
competencies of the nursing staff to ensure that the nursing care
needs of a patient are met and to ensure patient safety;
' (c) Be consistent with the scopes of practice for nursing
staff; and
' (d) Include provisions for limiting patient population if
sufficient nursing staff cannot be provided.
' (4) The nursing staff plan shall take into account sickness,
vacations, vacancies, seasonal and expected variances in nursing
staff needs, time for education and conferences, meal or break
periods and other absences, and shall identify the source of
nursing staff replacements.
' (5) The nursing staff plan shall establish a minimum number
of nursing staff on duty for specified shifts. The number of
nursing staff on duty must be sufficient to ensure that the
nursing care needs of each patient are met. At least one
registered nurse and one other nursing staff member must be on
duty when a patient is present.
' (6) A health care facility shall establish and maintain a
formal internal review process that:
' (a) Ensures compliance with the nursing staff plan;
' (b) Provides for review of incidents and concerns of nursing
staff;
' (c) Tracks and analyzes nursing staff patterns in relation to
individual and aggregate patient needs; and
' (d) Provides for evaluation of the correlation between
nursing staff and patient outcomes for each health care
facility. + }
' { + SECTION 4. + } { + A health care facility may not
require nursing staff to work in excess of prescheduled and
agreed-upon shifts to maintain compliance with the requirements
of the nursing staff plan. An individual member of the nursing
staff shall determine that individual's own fitness and
capability to work in excess of prescheduled and agreed-upon
shifts. The provisions of this section do not apply to nursing
staff needs in the event of a national or state emergency or
circumstances requiring the implementation of a facility disaster
plan. + }
' { + SECTION 5. + } { + (1) The Health Division may impose
civil penalties in the manner provided in ORS 183.090 or suspend
or revoke a license of a health care facility for a violation of
any provision of sections 3 and 4 of this 2001 Act. The Health
Division shall adopt by rule a schedule establishing the amount
of civil penalty that may be imposed for any violation of section
3 or 4 of this 2001 Act when there is a reasonable belief that
safe patient care has been or may be negatively impacted. A civil
penalty may not exceed $5,000. Each violation of a nursing staff
plan shall be considered a separate violation. Each day a
violation continues shall be considered a separate violation. Any
license that is suspended or revoked under this section shall be
suspended or revoked as provided in ORS 441.030.
' (2) The Health Division shall maintain for public inspection
records of any civil penalties or license suspensions or
revocations imposed on health care facilities penalized under
subsection (1) of this section.
' (3) The Health Division shall conduct an annual random audit
of not less than 10 percent of all health care facilities in this
state to verify compliance with the requirements of sections 3
and 4 of this 2001 Act. Surveys made by private accrediting
organizations may not be used in lieu of the audit under this
subsection. The Health Division shall compile and maintain for
public inspection an annual report of the audit conducted under
this subsection.
' (4) The costs of the audit required under subsection (3) of
this section may be paid out of funds from licensing fees paid by
health care facilities under ORS 441.020. + }
' { + SECTION 6. + } ORS 441.030 is amended to read:
' 441.030. (1) The Health Division or the Senior and Disabled
Services Division of the Department of Human Services, pursuant
to ORS 479.215, shall deny, suspend or revoke a license in any
case where the State Fire Marshal, or the representative of the
State Fire Marshal, certifies that there is a failure to comply
with all applicable laws, lawful ordinances and rules relating to
safety from fire.
' (2) The appropriate division may deny, suspend or revoke a
license in any case where it finds that there has been a
substantial failure to comply with ORS 441.015 to 441.063,
441.085, 441.087, 441.990 (3) or the rules or minimum standards
adopted under those statutes.
' (3) The appropriate division may suspend or revoke a license
issued under ORS 441.025 for failure to comply with a division
order arising from a health care facility's substantial lack of
compliance with the provisions of ORS 441.015 to 441.063, 441.084
to 441.087 and 441.990 (3) { + or sections 3 and 4 of this 2001
Act + }, or the rules adopted thereunder, or for failure to pay a
civil penalty imposed under ORS 441.710 { + or section 5 of this
2001 Act + }.
' (4) The Senior and Disabled Services Division may order a
long term care facility licensed under ORS 441.025 to restrict
the admission of patients when the division finds an immediate
threat to patient health and safety arising from failure of the
long term care facility to be in compliance with ORS 441.015 to
441.063, 441.084 to 441.087 and the rules adopted pursuant
thereto.
' (5) Any long term care facility which has been ordered to
restrict the admission of patients pursuant to subsection (4) of
this section shall post a notice of such restriction, provided by
the division, on all doors providing ingress to and egress from
the facility, for the duration of the restriction.
' { + SECTION 7. + } { + This 2001 Act takes effect on
October 1, 2002. + } ' .
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