71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 887
Sponsored by COMMITTEE ON HEALTH AND HUMAN SERVICES (at the
request of Oregon Health Care Association and Oregon Alliance
of Senior and Health Services)
CHAPTER ................
AN ACT
Relating to employment of licensed out-of-state nurses for
temporary assignments; amending ORS 678.010, 678.031 and
678.034; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 678.010 is amended to read:
678.010. As used in ORS 678.010 to 678.410, unless the context
requires otherwise:
(1) 'Board' means the Oregon State Board of Nursing.
(2) 'Clinical nurse specialist' means a licensed registered
nurse who has been certified by the board as qualified to
practice the expanded clinical specialty nursing role.
(3) 'Diagnosing' in the context of the practice of nursing
means identification of and discrimination between physical and
psychosocial signs and symptoms essential to effective execution
and management of the nursing care.
(4) 'Human responses' means those signs, symptoms and processes
which denote the person's interaction with an actual or potential
health problem.
{ + (5) 'Long term care facility' means a licensed skilled
nursing facility or intermediate care facility as those terms are
used in ORS 442.015, an adult foster home as defined in ORS
443.705 that has residents over 60 years of age, a residential
care facility as defined in ORS 443.400 or an assisted living
facility. + }
{ - (5) - } { + (6) + } 'Nurse practitioner' means a
registered nurse who has been certified by the board as qualified
to practice in an expanded specialty role within the practice of
nursing.
{ - (6) - } { + (7) + } 'Physician' means a person licensed
to practice under ORS chapter 677.
{ - (7) - } { + (8) + } 'Practice of nursing' means
diagnosing and treating human responses to actual or potential
health problems through such services as identification thereof,
health teaching, health counseling and providing care supportive
to or restorative of life and well-being and including the
performance of such additional services requiring education and
training which are recognized by the nursing profession as proper
to be performed by nurses licensed under ORS 678.010 to 678.410
and which are recognized by rules of the board. 'Practice of
nursing' includes executing medical orders as prescribed by a
Enrolled Senate Bill 887 (SB 887-INTRO) Page 1
physician or dentist but does not include such execution by a
member of the immediate family for another member or execution by
a person designated by or on behalf of a person requiring care as
provided by board rule where the person executing the care is not
licensed under ORS 678.010 to 678.410. The practice of nursing
includes providing supervision of nursing assistants.
{ - (8) - } { + (9) + } 'Practice of practical nursing'
means the application of knowledge drawn from basic education in
the social and physical sciences in planning and giving nursing
care and in assisting persons toward achieving of health and
well-being.
{ - (9) - } { + (10) + } 'Practice of registered nursing'
means the application of knowledge drawn from broad in-depth
education in the social and physical sciences in assessing,
planning, ordering, giving, delegating, teaching and supervising
care which promotes the person's optimum health and independence.
{ - (10) - } { + (11) + } 'Treating' means selection and
performance of those therapeutic measures essential to the
effective execution and management of the nursing care and
execution of the prescribed medical orders.
SECTION 2. ORS 678.031 is amended to read:
678.031. ORS 678.010 to 678.410 do not apply to:
(1) The employment of nurses in institutions or agencies of the
federal government.
(2) The practice of nursing incidental to the planned program
of study for students enrolled in nursing education programs
accredited by the Oregon State Board of Nursing or accredited by
another state or United States territory as described under ORS
678.040 and approved by the board.
(3) The furnishing of nursing assistance in an emergency.
(4) The practice of any other occupation or profession licensed
under the laws of this state.
(5) Care of the sick with or without compensation when
performed in connection with the practice of the religious tenets
of a well-recognized church or denomination { - which - }
{ + that + } relies exclusively on treatment by prayer and
spiritual means by adherents thereof so long as the adherent does
not engage in the practice of nursing as defined in ORS 678.010
to 678.410 and 678.990 or hold oneself out as a registered nurse
or a licensed practical nurse.
(6) Nonresident nurses licensed and in good standing in another
state if they are practicing in Oregon on a single, temporary
assignment of not to exceed 30 days, renewable for not to exceed
30 days, for assignments { - which - } { + that + } are for
the general public benefit limited to the following:
(a) Transport teams;
(b) Red Cross Blood Services personnel;
(c) Presentation of educational programs;
(d) Disaster teams; { - or - }
(e) Staffing a coronary care unit, intensive care unit or
emergency department in a hospital { - which - } { + that + }
is responding to a temporary staffing shortage and would be
otherwise unable to meet its critical care staffing
requirements { + ; or
(f) Staffing a long term care facility that is responding to a
temporary staffing shortage and would be otherwise unable to meet
its staffing requirements + }.
SECTION 3. ORS 678.034 is amended to read:
678.034. (1) Hospitals { + and long term care facilities + }
employing nurses under ORS 678.031 (6)(e) { + and (f) + } shall
Enrolled Senate Bill 887 (SB 887-INTRO) Page 2
notify the Oregon State Board of Nursing in writing of the number
of nurses so employed, the times of employment, the nature of the
staffing shortage and certify that there is no labor dispute
affecting nurses at the hospital { + or long term care
facility + }. In addition, at the request of the board, the
hospital { + or long term care facility + } shall provide
documentation that the nurses so employed are licensed and in
good standing in another state or United States territory.
(2) Nurses employed in this state under ORS 678.031 (6)(e)
{ + and (f) + }, at the time of employment, also must apply for
an Oregon license by indorsement.
SECTION 4. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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Passed by Senate March 16, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 25, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 887 (SB 887-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 Senate Bill 887 (SB 887-INTRO) Page 4