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 1892
A-Engrossed
Senate Bill 246
Ordered by the Senate April 27
Including Senate Amendments dated April 27
Sponsored by Senator GEORGE, Representative DEVLIN; Senator
SHIELDS, Representatives DOYLE, MONNES ANDERSON, MORGAN,
WILLIAMS, ZAUNER
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.
Modifies authority of Oregon State Board of Nursing over
certain nursing education programs.
A BILL FOR AN ACT
Relating to authority of Oregon State Board of Nursing over
certain nursing education programs; amending ORS 678.150,
678.155 and 678.157.
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.
(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 { + as a
registered nurse or a licensed practical nurse + } under ORS
678.010 to 678.445.
{ - (c) Provide for surveys of nursing education programs at
such times as may be necessary. - }
{ + (c) Consult with graduate nursing education programs.
(d) Provide for surveys of nursing education programs that
prepare persons for licensing as a registered nurse or a licensed
practical nurse at such times as may be necessary. + }
{ - (d) - } { + (e) + } Accredit such nursing education
programs as meet the requirements of ORS 678.010 to 678.445 and
of the board.
{ - (e) - } { + (f) + } Deny or withdraw accreditation from
nursing education programs for failure to meet prescribed
standards.
{ - (f) - } { + (g) + } 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) - } { + (h) + } 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) - } { + (i) + } Enforce the provisions of ORS
678.010 to 678.445, and incur necessary expenses therefor.
{ - (i) - } { + (j) + } 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) - } { + (k) + } 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.
SECTION 2. ORS 678.155 is amended to read:
678.155. (1) In carrying out its duties under ORS 678.150 (6),
(7) and (8), the Oregon State Board of Nursing shall not make
changes in entry level nursing education or licensure
requirements unless such changes are enacted by the Legislative
Assembly.
(2) In carrying out its duties under { - ORS 678.150
(7)(i) - } { + ORS 678.150 (7)(j) + }, the Oregon State Board
of Nursing shall not prescribe any standard that would
substantially alter the practices followed prior to July 1, 1979,
in long term care facilities relating to the administration of
noninjectable medication by nursing assistants, except for the
training requirements in ORS 678.440.
SECTION 3. ORS 678.157 is amended to read:
678.157. Nothing in ORS 678.150 and this section affects the
limitation on the authority of the board imposed by ORS 678.155
and 678.445 in carrying out its duties under { - ORS 678.150
(7)(i) - } { + ORS 678.150 (7)(j) + }.
----------