72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1806
Senate Bill 309
Sponsored by Senator HARPER; Senator FISHER, Representative KRUSE
(at the request of Phillip E. Corcoran)
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.
Eliminates Oregon State Board of Nursing authority over nursing
education programs. Requires board to request subpoenas related
to investigation from circuit court. Requires investigators
employed by board be licensed or be officers of court.
A BILL FOR AN ACT
Relating to authority of Oregon State Board of Nursing; creating
new provisions; amending ORS 678.031, 678.034, 678.040,
678.150, 678.155, 678.157 and 678.340; and repealing ORS
678.360.
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. - }
{ - (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) - } { + (b) + } 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) - } { + (c) Request that the circuit court of any
county in which the subject of an investigation by the board
practices nursing + } 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; { + request
that the circuit court + } issue subpoenas to persons for
personal interviews relating to board investigations;
{ + request the circuit court to + } compel the attendance of
witnesses; and administer oaths or affirmations to persons giving
testimony during an investigation or at hearings. { + A circuit
court may issue a subpoena requested under this subsection only
after the board has demonstrated to the court by clear and
convincing evidence the need for the subpoena to adequately
conduct a proper board investigation. + } 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) - } { + (d) + } Enforce the provisions of ORS
678.010 to 678.445, and incur necessary expenses therefor.
( { - i) - } { + (e) + } 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) - } { + (f) + } 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.
(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 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) - } { + (2) + } Nursing practiced outside this
state that is incidental to a distance learning program provided
by an institution of higher education located in Oregon.
{ - (4) - } { + (3) + } The furnishing of nursing
assistance in an emergency.
{ - (5) - } { + (4) + } The practice of any other
occupation or profession licensed under the laws of this state.
{ - (6) - } { + (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
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.
{ - (7) - } { + (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 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;
(e) Staffing a coronary care unit, intensive care unit or
emergency department in a hospital 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 { - (7)(e) - } { + (6)(e) + } and
(f) shall 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
{ - (7)(e) - } { + (6)(e) + } and (f), at the time of
employment, also must apply for an Oregon license by indorsement.
SECTION 4. ORS 678.040 is amended to read:
678.040. Each applicant for a license under ORS 678.010 to
678.445 shall furnish satisfactory evidence that the applicant's
physical and mental health is such that it is safe for the
applicant to practice, and that:
(1) The applicant has graduated from a registered nurse or
licensed practical nurse nursing education program
{ - accredited by the Oregon State Board of Nursing - } ;
(2) The applicant has graduated from a nursing program in the
United States which program is either accredited by the licensing
board for nurses in a particular state or United States
territory, or, if the licensing board is not the accrediting
agency in that state or United States territory, the program is
accredited by the appropriate accrediting agency for that state
or United States territory; or
(3) The applicant has graduated in another country and has an
education equivalent to that provided by accredited programs in
this country.
SECTION 5. 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) - } { + (7)(e) + }, 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 6. 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) - } { + (7)(e) + }.
SECTION 7. ORS 678.340 is amended to read:
678.340. (1) Any institution desiring to establish { - a
nursing education program leading to licensing or - } a
continuing education program that may be recognized or required
by the Oregon State Board of Nursing { - to supplement such
program - } shall apply to the board and submit satisfactory
evidence that it is prepared to meet the curricula and standards
prescribed by the board.
(2) In considering applications under subsection (1) of this
section the board shall review statewide needs for nursing
education programs or supplementary programs, financial resources
of the institution making application, its clinical resources and
its ability to retain qualified faculty.
{ - (3) No institution or program shall represent itself as
qualified or accredited to prepare nurses for licensing unless it
is accredited by the board. - }
SECTION 8. { + Section 5 of this 2003 Act is added to and made
a part of ORS 678.010 to 678.445. + }
SECTION 9. { + Notwithstanding ORS 676.165 and 703.411, the
Oregon State Board of Nursing may only employ persons licensed
under ORS 703.430 or officers of the court to conduct
investigations of applicants, certificate holders and licensees
under ORS 678.010 to 678.410. + }
SECTION 10. { + ORS 678.360 is repealed. + }
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