75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1020
House Bill 2243
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Health Licensing Agency)
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.
Changes name of Board of Examiners of Nursing Home
Administrators to Nursing Home Administrators Board.
Establishes Oregon Health Licensing Agency as provider of
administrative and regulatory oversight and centralized service
for board.
A BILL FOR AN ACT
Relating to regulation of licensed nursing home administrators;
creating new provisions; amending ORS 441.109, 676.160,
676.606, 676.610, 676.612, 676.613, 676.992, 678.710, 678.720,
678.725, 678.730, 678.740, 678.750, 678.760, 678.770, 678.775,
678.780, 678.790, 678.800, 678.810 and 678.820; repealing ORS
678.825, 678.830 and 678.840; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 678.800 is amended to read:
678.800. { - (1) There is hereby created a Board of Examiners
of Nursing Home Administrators in the Department of Human
Services. - }
{ - (2) The board shall be composed of nine individuals
concerned with the care and treatment of the chronically ill or
infirm elderly patients and shall be appointed by the Governor
after consultation with the associations and societies
appropriate to the professions and institutions: - }
{ + (1) The Nursing Home Administrators Board is established
within the Oregon Health Licensing Agency.
(2)(a) The board consists of nine members who are appointed by
the Governor, after consultation with any appropriate licensing
boards, as follows: + }
{ - (a) - } { + (A) + } Three members { - shall be - }
{ + are + } nursing home administrators { + who are + }
licensed under { - ORS 678.710 to 678.780, 678.800 to 678.840
and 678.990 (2) - } { + ORS 678.710 to 678.840 + };
{ - (b) - } { + (B) + } One { + member is + } a medical
doctor { + who is + } licensed by the Oregon Medical Board
{ + and is + } actively engaged in private practice and
conversant with the care and treatment of the long-term patient;
{ - (c) - } { + (C) + } One { + member is a + } licensed
professional nurse { + who is + } actively engaged in caring for
chronically ill and infirm patients and licensed by the Oregon
State Board of Nursing;
{ - (d) - } { + (D) + } Three members { + are + }
representative of the public at large, { - at least one of whom
shall - } { + and at least one is + } { - be at least - } 62
years of age { + or older + }; { + and + }
{ - (e) - } { + (E) One member is + } a pharmacist { + who
is + } licensed by the State Board of Pharmacy { - ; and - }
{ + . + }
{ - (f) Except for those persons described in paragraph (a)
of this subsection, no member of the board shall have a direct
financial interest in a nursing home. - }
{ - (3) All members of the board shall be citizens of the
United States or shall have declared their intent to become
citizens of the United States and shall be residents of this
state. No more than two of the members of the board may be
officials or full-time employees of state or local
governments. - }
{ + (b) The members of the board appointed as described in
paragraph (a) of this subsection must also meet the following
qualifications:
(A) Be citizens of the United States and residents of this
state;
(B) Have a demonstrated concern with the care and treatment of
the chronically ill or infirm elderly patients;
(C) Except for members described in paragraph (a)(A) of this
subsection, not have a direct financial interest in a nursing
home; and
(D) For members described in paragraph (a)(D) of this
subsection, not have a financial interest in, or have an
employment contract with, a long term care facility. + }
{ - (4) - } { + (3) + } The term of office of each member
{ + of the board + } is
{ - three - } { + four + } years { + , + } but a member
serves at the pleasure of the Governor. Before the expiration of
the term of a member, the Governor shall appoint a
successor { + . + } { - whose term begins on July 1 next
following. A member is eligible for reappointment but no member
shall serve more than two consecutive terms. - } If there is a
vacancy for any cause { + , + } the Governor shall make an
appointment to become immediately effective for the unexpired
term. { + A member holds office until the appointment and
confirmation of a successor. A member is eligible for
reappointment, but may not serve more than two consecutive full
terms unless at least four years have passed since the member
last held office.
(4) A member of the board may be removed by the Governor for
neglect of duty, incompetence or unethical conduct. + }
(5) All appointments of members of the board by the Governor
are subject to confirmation by the Senate in the manner provided
in ORS 171.562 and 171.565.
(6) The members of the board are entitled to compensation and
expenses as provided in ORS 292.495.
{ - (7) No public members of the board shall hold any
pecuniary interest in, or have any employment contract with, a
long term care facility. - }
SECTION 2. { + The amendments to ORS 678.800 by section 1 of
this 2009 Act that change the number of years of a term of office
of a member of the Nursing Home Administrators Board apply to
members whose terms of office begin on or after the effective
date of this 2009 Act. + }
SECTION 3. { + (1) The amendments to ORS 678.800 by section 1
of this 2009 Act are intended to change the name of the 'Board of
Examiners of Nursing Home Administrators' to the 'Nursing Home
Administrators Board. '
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Board of
Examiners of Nursing Home Administrators,' wherever they occur in
Oregon Revised Statutes, other words designating the 'Nursing
Home Administrators Board.' + }
SECTION 4. { + The duties, functions and powers of the Nursing
Home Administrators Board relating to the administrative and
regulatory oversight of nursing home administrator licenses
issued under ORS 678.710 to 678.840 are imposed upon, transferred
to and vested in the Oregon Health Licensing Agency. + }
SECTION 5. { + (1) The chairperson of the Nursing Home
Administrators Board shall deliver to the Oregon Health Licensing
Agency all records within the jurisdiction of the chairperson
that relate to the duties, functions and powers transferred by
section 4 of this 2009 Act.
(2) The Director of the Oregon Health Licensing Agency shall
take possession of the records delivered under subsection (1) of
this section.
(3) The Governor shall resolve any dispute between the Nursing
Home Administrators Board and the Oregon Health Licensing Agency
relating to transfers of records under this section, and the
Governor's decision is final. + }
SECTION 6. { + (1) The unexpended balances of amounts
authorized to be expended by the Nursing Home Administrators
Board for the biennium beginning July 1, 2009, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers transferred by section 4 of this
2009 Act are transferred to and are available for expenditure by
the Oregon Health Licensing Agency for the biennium beginning
July 1, 2009, for the purpose of administering and enforcing the
duties, functions and powers transferred by section 4 of this
2009 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Nursing Home
Administrators Board remain applicable to expenditures by the
Oregon Health Licensing Agency under this section. + }
SECTION 7. { + The transfer of duties, functions and powers to
the Oregon Health Licensing Agency by section 4 of this 2009 Act
does not affect any action, proceeding or prosecution involving
or with respect to such duties, functions and powers begun before
and pending at the time of the transfer, except that the Oregon
Health Licensing Agency is substituted for the Nursing Home
Administrators Board in the action, proceeding or
prosecution. + }
SECTION 8. { + (1) Nothing in sections 4 to 11 of this 2009
Act relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 4 of this 2009 Act. The Oregon Health
Licensing Agency may undertake the collection or enforcement of
any such liability, duty or obligation.
(2) The rights and obligations of the Nursing Home
Administrators Board legally incurred under contracts, leases and
business transactions executed, entered into or begun before the
operative date of section 4 of this 2009 Act and accruing under
or with respect to the duties, functions and powers transferred
by section 4 of this 2009 Act are transferred to the Oregon
Health Licensing Agency. For the purpose of succession to these
rights and obligations, the Oregon Health Licensing Agency is a
continuation of the Nursing Home Administrators Board and not a
new authority. + }
SECTION 9. { + Notwithstanding the transfer of duties,
functions and powers by section 4 of this 2009 Act, the rules of
the Nursing Home Administrators Board with respect to such
duties, functions or powers that are in effect on the operative
date of section 4 of this 2009 Act continue in effect until
superseded or repealed by rules of the Oregon Health Licensing
Agency. References in such rules of the Nursing Home
Administrators Board to the Nursing Home Administrators Board or
an officer or employee of the Nursing Home Administrators Board
are considered to be references to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency. + }
SECTION 10. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred by section 4 of
this 2009 Act, reference is made to the Nursing Home
Administrators Board, or an officer or employee of the Nursing
Home Administrators Board, whose duties, functions or powers are
transferred by section 4 of this 2009 Act, the reference is
considered to be a reference to the Oregon Health Licensing
Agency or an officer or employee of the Oregon Health Licensing
Agency who by section 4 of this 2009 Act is charged with carrying
out such duties, functions and powers. + }
SECTION 11. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating the '
Nursing Home Administrators Board' or its officers, wherever they
occur in ORS 678.810 to 678.840 and are used in relation to the
administrative and regulatory oversight of nursing home
administrator licenses issued under ORS 678.810 to 678.840, other
words designating the 'Oregon Health Licensing Agency' or its
officers. + }
SECTION 12. ORS 678.810 is amended to read:
678.810. (1) The { - Board of Examiners of Nursing Home
Administrators - } { + Nursing Home Administrators Board + }
shall hold at least { - two meetings - } { + one meeting + }
each year. { - At any meeting - } A majority of the members of
the board { - shall constitute - } { + constitutes + } a
quorum for the transaction of business.
(2) The board shall { - elect annually from its membership
a - } { + select one of its members as + } chairperson and
{ - a - } { + another as + } vice chairperson { + , for a
one-year term and with such duties and powers necessary for the
performance of the functions of the offices as the board
determines + }.
SECTION 13. ORS 678.820 is amended to read:
678.820. { - It shall be the function of the Board of
Examiners of Nursing Home Administrators to: - }
{ - (1) Develop, impose and enforce standards which shall be
met by individuals in order to receive and retain a license as a
nursing home administrator, which standards shall be designed to
insure that nursing home administrators will be individuals who
are qualified by training or experience in the field of long-term
health care administration to serve as nursing home
administrators. - }
{ - (2) Develop and apply appropriate techniques, including
examinations and investigations for determining whether an
individual meets such standards, if examinations are reviewed
periodically to insure validity. - }
{ - (3) Issue licenses to individuals determined after
application of such techniques, to meet such standards, and
subject to ORS chapter 183 impose any of the sanctions set out in
ORS 678.780 where the individual holding any such license is
determined substantially to have failed to conform to the
requirements of such standards. - }
{ - (4) Establish and carry out procedures designed to insure
that individuals licensed as nursing home administrators will,
during any period that they serve as such, comply with the
requirements of such standards. - }
{ - (5) Receive, investigate and take appropriate action with
respect to any charge or complaint filed with the board in
writing, charging that any individual licensed as a nursing home
administrator has failed to comply with the requirements of such
standards. - }
{ - (6) Conduct a continuing study and investigation of
nursing homes and administrators of nursing homes within the
state with a view to the improvement of standards imposed for the
licensing of such administrators and the procedures and methods
for the enforcement of such standards with respect to
administrators of nursing homes who have been licensed as
such. - }
{ - (7) Encourage qualified educational institutions and
other qualified organizations to establish, provide, conduct and
continue such training and instruction courses and programs as
will enable all otherwise qualified individuals to meet
requirements established under ORS 678.710 to 678.780, 678.800 to
678.840 and 678.990 (2). - }
{ - (8) Approve courses and programs conducted within or
without the state as sufficient to meet education and training
requirements established pursuant to ORS 678.710 to 678.780,
678.800 to 678.840 and 678.990 (2) and advise the appropriate
state agencies regarding receipt and administration of such
federal funds as are made available for such purposes. - }
{ - (9) In accordance with ORS 183.330, adopt, amend and
repeal rules which are necessary to carry out the provisions of
ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990 (2). - }
{ - (10) Maintain a register of all licensed nursing home
administrators. - }
{ + (1) The Nursing Home Administrators Board is responsible
for advising the Oregon Health Licensing Agency in all matters
relating to the administration of ORS 678.710 to 678.840,
including:
(a) Developing standards for education and training;
(b) Developing standards of practice and professional conduct;
(c) Establishing standards related to the issuance, denial,
revocation, suspension or renewal of licenses to practice as a
nursing home administrator;
(d) Preparing or approving the examinations required under ORS
678.710 to 678.840, in accordance with standards provided by the
agency; and
(e) Assisting the agency in administering the provisions of ORS
678.710 to 678.840.
(2) The Oregon Health Licensing Agency shall administer ORS
678.710 to 678.840 by:
(a) Determining the qualifications and fitness of applicants
for licenses, renewed licenses, reciprocal licenses and
provisional licenses under ORS 678.710 to 678.840.
(b) Examining, approving, issuing, denying, revoking,
suspending and renewing licenses to practice as a nursing home
administrator.
(c) Providing for waivers of examinations or provisional
licenses.
(d) Establishing and carrying out procedures to ensure
compliance with professional standards adopted by the board.
(e) Pursuant to ORS 676.608, receiving and investigating
complaints filed regarding nursing home administrators.
(f) Establishing and collecting fees and charges to carry out
the agency's duties under ORS 678.710 to 678.840.
(g) In accordance with ORS 183.330 and 676.615, adopting,
amending and repealing rules that are necessary to carry out the
administration of ORS 678.710 to 678.840.
(h) Maintaining a register of all licensed nursing home
administrators.
(3) The agency shall consider and be guided by the
recommendations of the board in all matters relating to the
administration of ORS 678.710 to 678.840. + }
SECTION 14. ORS 678.710 is amended to read:
678.710. As used in ORS 678.710 to 678.840, unless the context
requires otherwise:
{ - (1) 'Board' means the Board of Examiners of Nursing Home
Administrators of the State of Oregon. - }
{ - (2) 'Department' means the Department of Human
Services. - }
{ - (3) - } { + (1) + } 'Dual facility' means a facility
that operates both a hospital and a long term care facility on
the same campus.
{ + (2) 'Nursing home' means any institution or facility
defined as a long term care facility for licensing purposes under
state statute or the rules of the Department of Human Services,
including a long term care facility operated as part of a dual
facility. + }
{ - (4) - } { + (3) + } 'Nursing home administrator' means
an individual responsible for planning, organizing and managing
the operation of a nursing home, whether or not such individual
has an ownership interest in such home and whether or not such
functions are shared by one or more other individuals, if:
(a) Final responsibility and authority are retained in the
nursing home administrator; and
(b) In the case of a dual facility, the nursing home
administrator may be subject to the authority of the
administrator of the dual facility or the dual facility
administrator may administer the nursing home if the
administrator is licensed or otherwise qualified by statute to
administer a nursing home.
{ - (5) 'Nursing home' means any institution or facility
defined as a long term care facility for licensing purposes under
state statute or the rules of the department, including a long
term care facility operated as part of a dual facility. - }
{ - (6) - } { + (4) + } 'Provisional license' means a
temporary license issued to a provisional nursing home
administrator under the rules of the { - board - } { + Oregon
Health Licensing Agency + }.
SECTION 15. ORS 678.720 is amended to read:
678.720. (1) { - On and after July 1, 1971, - } Unless an
individual holds a valid license issued under the provisions of
{ - ORS 678.710 to 678.780, 678.800 to 678.840 and 678.990
(2) - } { + ORS 678.710 to 678.840 + }, an individual
{ - shall - } { + may + } not:
(a) Practice or offer to practice as a nursing home
administrator; or
(b) Use in connection with the name of the individual the words
or letters 'nursing home administrator,' 'NHA' or any other
words, letters or abbreviations or insignia tending to indicate
that { - such - } { + the + } individual is a licensed
nursing home administrator.
(2) { - On and after July 1, 1971, no - } { + A + } nursing
home shall be conducted or operated { - unless it is - } under
the supervision of a nursing home administrator who holds a valid
license issued under the provisions of { - ORS 678.710 to
678.780, 678.800 to 678.840 and ORS 678.990 (2) - } { + ORS
678.710 to 678.840 + }.
SECTION 16. ORS 678.725 is amended to read:
678.725. (1) Any health care facility licensed under ORS
441.015, any licensee licensed by the { - Board of Examiners of
Nursing Home Administrators of the State of Oregon - } { +
Oregon Health Licensing Agency + }, any physician licensed by the
Oregon Medical Board, any licensed professional nurse and any
licensed pharmacist shall, and any other person may, report to
the { - board - } { + agency + } suspected violations of ORS
678.710 to 678.840 and { - insanitary - } { + unsanitary + }
or other unsatisfactory conditions in a nursing home.
(2) Information acquired by the { - board - }
{ + agency + } pursuant to subsection (1) of this section is
confidential and { - shall not be - } { + is not + } subject
to public disclosure.
(3) Any person who reports or provides information to the
{ - board - } { + agency + } under subsection (1) of this
section and who provides information in good faith
{ - shall - } { + may + } not be subject to an action for
civil damages as a result { - thereof - } { + of making the
report or providing the information + }.
SECTION 17. ORS 678.730 is amended to read:
678.730. (1) { - Any - } { + An + } individual { - is
qualified - } { + qualifies + } for licensure as a nursing home
administrator { - who - } { + if the individual + }:
(a) Meets the { + education, + } training { - or
experience - } and other standards established by rules of the
{ - Board of Examiners of Nursing Home Administrators - } { +
Nursing Home Administrators Board + }. The board shall
{ + establish standards that + } accept one year of experience
as an administrator serving a dual facility in lieu of any
residency or intern requirement { - established pursuant to
this paragraph - } { + that may be established by the
board + }; and
(b) Has passed an examination as provided in ORS 678.740.
(2) { - Each license as a nursing home administrator may be
renewed by the board upon compliance by the licensee with the
requirements of ORS 678.760 and by presenting evidence of the
completion of the continuing education work required by the
board. - } { + A license holder may renew a license as provided
by ORS 678.760. + } The board may require up to 50 hours of
continuing education in any one-year period { + for a renewed
license + }.
(3) In establishing educational standards pursuant to
subsection (1)(a) of this section, the board shall require a
baccalaureate degree from an accredited school of higher
education. However, the educational requirement does not apply to
any person who:
(a) Was a licensed administrator in any jurisdiction of the
United States prior to January 1, 1983; or
(b) Was an administrator of a dual facility meeting the
experience requirements pursuant to subsection (1)(a) of this
section.
(4) Notwithstanding the requirements established under
subsection (1) of this section, upon the request of the governing
body of a hospital, as defined in ORS 442.015 (19), the board
shall { + adopt standards by rule that + } deem a health care
administrator to have met the requirements for licensure as a
nursing home administrator if the health care administrator
possesses an advanced degree in management and has at least 10
years of experience in health care management.
SECTION 18. ORS 678.740 is amended to read:
678.740. (1) Examinations for licensure as a nursing home
administrator shall be conducted at such times and places as the
{ - Board of Examiners of Nursing Home Administrators of the
State of Oregon shall designate - } { + Nursing Home
Administrators Board designates + }, but not less than once a
year. The fee for examination or reexamination shall be
determined by the { - board - } { + Oregon Health Licensing
Agency + } under ORS 678.775.
(2) The board shall, consistent with the purposes for which the
examination is given, determine the subjects, scope, content and
the minimum passing grade for examinations.
SECTION 19. ORS 678.750 is amended to read:
678.750. (1) Nothing in { - ORS 678.710 to 678.780, 678.800
to 678.840 and 678.990 (2) - } { + ORS 678.710 to 678.840 + }
or the rules adopted { - thereunder shall - } { + under ORS
678.710 to 678.840 may + } be construed to require an individual,
who is employed to administer an institution exempted under ORS
441.065 as an institution that is operated by and for persons who
rely on spiritual means alone for the care and treatment of the
sick, to demonstrate proficiency in any medical techniques or to
meet any medical educational qualifications or medical standards
not in accord with the remedial care and treatment provided in
{ - such institutions - } { + the institution + }. Any license
issued under { - ORS 678.710 to 678.780, 678.800 to 678.840 and
678.990 (2) - } { + ORS 678.710 to 678.840 + } to
{ - such - } an individual { + described in this
subsection + } shall indicate the limited extent of the authority
of the individual to act as an administrator.
(2) Subsection (1) of this section does not limit or prohibit
the operator of an institution from enforcing any religious
affiliation { - requirement - } { + requirements + } imposed
as a bona fide occupational qualification or business necessity
or as otherwise permitted by section 703(e) of Title VII of the
Civil Rights Act of 1964 or other provision of federal law.
SECTION 20. ORS 678.760 is amended to read:
678.760. { - (1) Upon compliance with the requirements of ORS
678.730 and the payment of a fee as determined by the Board of
Examiners of Nursing Home Administrators of the State of Oregon
under ORS 678.775, an individual shall upon application be
granted a nursing home administrator's original license. All
original licenses shall expire on June 30 of the next
odd-numbered year or on such date as may be specified by board
rule. - }
{ - (2) Upon application within one year following expiration
of an original or a renewal license, and the payment of a fee as
determined by the board under ORS 678.775, the board shall issue
a renewal license, provided the continuing education requirements
and all other requirements set by the board have been met. All
renewal licenses shall expire on June 30 of the next odd-numbered
year or on such date as may be specified by board rule. - }
{ - (3) The fee for a provisional license shall be determined
by the board under ORS 678.775. - }
{ + (1) Subject to ORS 676.612 and subsection (2) of this
section, the Oregon Health Licensing Agency shall:
(a) Issue a license as a nursing home administrator to a
qualified applicant upon satisfactory evidence of meeting the
requirements of ORS 678.730 and other qualifications adopted by
the Nursing Home Administrators Board by rule.
(b) Renew a license as a nursing home administrator if, by a
date specified by the agency by rule, the license holder submits
to the agency a completed renewal application, required renewal
fees and satisfactory evidence of completion of any required
continuing education credits.
(2) For up to one year from the date of a denial, suspension,
revocation or expiration of a nursing home administrator license,
the agency may refuse to grant or renew the license of a nursing
home administrator whose license has expired or been denied,
suspended or revoked.
(3)(a) Except as provided by paragraph (b) of this subsection,
a nursing home administrator license expires on the last day of
the month, one year from the date of issuance.
(b) The agency may adopt by rule an expiration date that is
different than the date provided by paragraph (a) of this
subsection if the license holder is provided written notice of
the different renewal date and the renewal fee is prorated.
(4) The agency may adopt rules for the reactivation of an
expired license, including additional requirements for a license
that has been expired for three years or more.
(5) The agency may establish requirements for the issuance of a
temporary provisional license. The fee for a provisional license
is established by rules of the agency under ORS 678.775. + }
SECTION 21. { + The amendments to ORS 678.760 by section 20 of
this 2009 Act apply to license holders whose license is issued or
renewed on or after the effective date of this 2009 Act or whose
license has expired or been denied, suspended or revoked on or
after the effective date of this 2009 Act. + }
SECTION 22. ORS 678.770 is amended to read:
678.770. (1) { - The Board of Examiners of Nursing Home
Administrators of the State of Oregon may license by indorsement,
without examination, any individual who applies therefor, - }
{ + The Nursing Home Administrators Board may establish by rule
standards for the issuance of a license by endorsement, without
examination, to an applicant who:
(a) + }Meets the requirements as established by the
board { + ; + } and { +
(b) + } On the date of making application { + , + } is a
nursing home administrator licensed under the laws of any other
state or territory of the United States if the requirements for
licensing of nursing home administrators in the state or
territory in which the applicant is licensed are not less than
those required { - in ORS 678.710 to 678.780, 678.800 to
678.840 and 678.990 (2) - } { + by ORS 678.710 to 678.840 + }.
(2) Each applicant under this section shall pay to the
{ - board - } { + Oregon Health Licensing Agency + } at the
time of filing the application a fee determined by the
{ - board - } { + agency + } under ORS 678.775.
SECTION 23. ORS 678.775 is amended to read:
678.775. { + (1) + } { - The fees and charges determined by
the Board of Examiners of Nursing Home Administrators of the
State of Oregon under ORS 678.740, 678.760 and 678.770 are
subject to the prior approval of the Oregon Department of
Administrative Services and, if their adoption occurs between
regular sessions of the Legislative Assembly, a report to the
Emergency Board. The fees and charges 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 that budget may be modified by the Emergency Board. - }
{ + The Oregon Health Licensing Agency shall establish by rule
and collect fees and charges for the following under ORS 678.710
to 678.840:
(a) Application;
(b) Examination or reexamination;
(c) Original license;
(d) License renewal;
(e) Provisional or temporary license;
(f) Licensure by reciprocity or endorsement;
(g) License reactivation;
(h) Issuance of a replacement license;
(i) Delinquency fee;
(j) License verification; and
(k) Costs of providing copies of official documents or records
and for recovering administrative costs associated with
compiling, copying or preparing and delivering the records.
(2) All moneys received by the agency under subsection (1) of
this section shall be paid into the General Fund of the State
Treasury and credited to the Oregon Health Licensing Agency
Account, and are appropriated continuously to and shall be used
by the agency as authorized by ORS 676.625. + }
SECTION 24. ORS 678.780 is amended to read:
678.780. { - (1) The sanctions authorized by subsection (2)
of this section may be imposed upon the following grounds: - }
{ - (a) The employment of fraud or deception in applying for
or obtaining a nursing home administrator's license. - }
{ - (b) Engaging in conduct in the course of acting as a
nursing home administrator involving fraud, dishonesty,
malfeasance, cheating or other conduct as the Board of Examiners
of Nursing Home Administrators of the State of Oregon may
prohibit by rule. - }
{ - (c) Conviction of a crime involving circumstances that
relate to the licensee's fitness to continue practicing as a
nursing home administrator. - }
{ - (d) Mistake or inadvertence in the issuance of the
license by the board. - }
{ - (e) Physical or mental incapacity that presents an
unreasonable risk of harm to the licensee or to the person or
property of others in the course of performing the duties of a
nursing home administrator. - }
{ - (f) Use of any controlled substance or intoxicating
liquor in a manner that impairs the licensee's ability to conduct
safely the practice for which the licensee is licensed. - }
{ - (g) The licensee has engaged in conduct that would
justify denying a license to an applicant. - }
{ - (h) Violation of or noncompliance with any applicable
provisions of ORS 678.710 to 678.780, 678.800 to 678.840 and
678.990 (2) or of any lawful rule or order of the board or
continuous or substantial violations of the rules adopted under
ORS 441.055. - }
{ - (i) Discipline imposed by any other licensing body in
this or any other state based on conduct that would be grounds
for discipline under this section or rules adopted by the
board. - }
{ - (j) Incompetence in performing the duties of a nursing
home administrator as demonstrated by evidence that the licensee
either lacks or did not use the knowledge or skill necessary to
perform the administrator's duties in a minimally adequate
manner. - }
{ - (k) Employing or otherwise assisting another person to
act as a nursing home administrator with knowledge that the
person does not hold a valid license to practice as a nursing
home administrator. - }
{ - (L) Failure to pay a civil penalty imposed against the
licensee in a timely manner. - }
{ - (m) Unprofessional conduct as defined in rules adopted by
the board. - }
{ - (2) Subject to ORS chapter 183, the board may impose any
or all of the following sanctions: - }
{ - (a) Suspend, revoke or refuse to renew any license
required by ORS 678.720. - }
{ - (b) A civil penalty not to exceed $1,000. - }
{ - (c) Probation, with authority to limit or restrict a
license. - }
{ - (d) Participation in a treatment program for intoxicating
liquor or controlled substances. - }
{ - (3) Hearings under this section must be conducted by an
administrative law judge assigned from the Office of
Administrative Hearings established by ORS 183.605. - }
{ - (4) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175. - }
{ + (1) In the manner prescribed in ORS chapter 183 for
contested cases, the Oregon Health Licensing Agency may impose a
form of discipline as specified in ORS 676.612 against any person
practicing as a nursing home administrator for any of the grounds
listed in ORS 676.612 and for any violation of the provisions of
ORS 678.710 to 678.840, or the rules adopted under ORS 678.710 to
678.840.
(2) In addition to any discipline that may be imposed as
provided by subsection (1) of this section, the agency may impose
disciplinary sanctions against a person practicing as a nursing
home administrator for any of the following causes:
(a) Violation of or noncompliance with any applicable
provisions of ORS 678.710 to 678.840 or of any rule or order of
the agency;
(b) Any continuous or substantial violation of the rules
adopted under ORS 441.055; or
(c) Discipline imposed by any other licensing body in this or
any other state based on conduct that would be grounds for
discipline under this section or rules adopted by the agency. + }
SECTION 25. { + The amendments to ORS 678.780 by section 24 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
SECTION 26. ORS 678.790 is amended to read:
678.790. (1) { - Where the Board of Examiners of Nursing Home
Administrators - } { + When the Oregon Health Licensing
Agency + } proposes to refuse to issue or renew a license, or
proposes to revoke or suspend a license { + under ORS 678.710 to
678.840 + }, opportunity for hearing shall be accorded as
provided in ORS chapter 183.
(2) Judicial review of orders under subsection (1) of this
section shall be in accordance with ORS chapter 183.
(3) If the final order of the court on review reverses the
{ - board's - } { + agency's + } order of suspension,
revocation or refusal to renew, the { - board - }
{ + agency + } shall issue the license and reinstate the
appellant not later than the 30th day after the decision of the
court.
SECTION 27. ORS 676.606 is amended to read:
676.606. Pursuant to ORS 676.607, the Oregon Health Licensing
Agency shall provide administrative and regulatory oversight and
centralized service for the following boards, advisory councils
and program:
(1) Board of Athletic Trainers, as provided in ORS 688.701 to
688.734;
(2) Board of Cosmetology, as provided in ORS 690.005 to
690.235;
(3) State Board of Denture Technology, as provided in ORS
680.500 to 680.570;
(4) State Board of Direct Entry Midwifery, as provided in ORS
687.405 to 687.495;
(5) Respiratory Therapist Licensing Board, as provided in ORS
688.800 to 688.840;
(6) Environmental Health Registration Board, as provided in ORS
chapter 700;
(7) Advisory Council for Electrologists and Permanent Color
Technicians and Tattoo Artists, as provided in ORS 690.350 to
690.430;
(8) Advisory Council on Hearing Aids, as provided in ORS
694.015 to 694.185;
(9) Body piercing licensing program, as provided in ORS 690.500
to 690.570; { - and - }
(10) Sex Offender Treatment Board, as provided in ORS 675.360
to 675.410 { + ; and
(11) Nursing Home Administrators Board, as provided in ORS
678.710 to 678.840 + }.
SECTION 28. ORS 676.610 is amended to read:
676.610. (1)(a) The Oregon Health Licensing Agency is under the
supervision and control of a director, who is responsible for the
performance of the duties, functions and powers and for the
organization of the agency.
(b) The Director of the Oregon Department of Administrative
Services shall establish the qualifications for and appoint the
Director of the Oregon Health Licensing Agency, who holds office
at the pleasure of the Director of the Oregon Department of
Administrative Services.
(c) The Director of the Oregon Health Licensing Agency shall
receive a salary as provided by law or, if not so provided, as
prescribed by the Director of the Oregon Department of
Administrative Services.
(d) The Director of the Oregon Health Licensing Agency shall be
in the unclassified service.
(2) The Director of the Oregon Health Licensing Agency shall be
responsible for the performance of duties and functions of the
boards, councils and programs administered by the agency. The
Director of the Oregon Health Licensing Agency shall provide the
boards, councils and programs with such services and employees as
the agency requires to carry out its duties. Subject to any
applicable provisions of the State Personnel Relations Law, the
Director of the Oregon Health Licensing Agency shall appoint all
subordinate officers and employees of the agency, prescribe their
duties and fix their compensation.
(3) { - Except as provided in section 18, chapter 885, Oregon
Laws 1999, - } The Director of the Oregon Health Licensing
Agency shall be responsible for carrying out the duties,
functions and powers under ORS 675.360 to 675.410, { + 678.710
to 678.840, + } 680.500 to 680.570, 680.990 (2), 687.405 to
687.495, 688.800 to 688.840, 688.995, 690.005 to 690.235, 690.350
to 690.430, 690.500 to 690.570, 690.992 and 694.015 to 694.185
and ORS chapter 700.
(4) The enumeration of duties, functions and powers in
subsection (3) of this section is not intended to be exclusive
nor to limit the duties, functions and powers imposed on or
vested in the Oregon Health Licensing Agency by other statutes.
SECTION 29. ORS 676.612 is amended to read:
676.612. (1) In the manner prescribed in ORS chapter 183 for
contested cases and as specified in ORS 675.385,
{ + 678.780, + } 680.535, 687.445, 688.734, 688.836, 690.167,
690.407, 690.515, 694.147 and 700.111, the Oregon Health
Licensing Agency may refuse to issue or renew, may suspend or
revoke or may place on probation or otherwise discipline a holder
of a certificate, permit, license or registration to practice
issued by the agency for any of the following reasons:
(a) Fraud, misrepresentation, concealment of material facts or
deception in applying for or obtaining an authorization to
practice in this state, or in any written or oral communication
to the agency concerning the issuance or retention of the
authorization.
(b) Using, causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, insignia or any other representation, however disseminated
or published, that is false, misleading or deceptive.
(c) Making a representation that the certificate, permit,
license or registration holder knew or should have known is false
or misleading regarding skill or the efficacy or value of
treatment or remedy administered by the holder.
(d) Practicing under a false, misleading or deceptive name, or
impersonating another certificate, permit, license or
registration holder.
(e) Permitting a person other than the certificate, permit,
license or registration holder to use the certificate, permit,
license or registration.
(f) Practicing with a physical or mental condition that
presents an unreasonable risk of harm to the practitioner or to
the person or property of others in the course of performing the
practitioner's duties.
(g) Practicing while under the influence of alcohol, controlled
substances or other skill-impairing substances, or engaging in
the illegal use of controlled substances or other skill-impairing
substances so as to create a risk of harm to the person or
property of others in the course of performing the practitioner's
duties.
(h) Failing to properly and reasonably accept responsibility
for the actions of employees.
(i) Employing, directly or indirectly, any suspended,
uncertified, unlicensed or unregistered person to practice a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed in ORS 676.606.
(j) Unprofessional conduct, negligence, incompetence, repeated
violations or any departure from or failure to conform to
standards of practice in performing services or practicing in a
regulated occupation or profession subject to the authority of
the boards, councils and programs listed under ORS 676.606.
(k) Conviction of any criminal offense, subject to ORS 670.280.
A copy of the record of conviction, certified by the clerk of the
court entering the conviction, is conclusive evidence of the
conviction. A plea of no contest or an admission of guilt shall
be considered a conviction for purposes of this paragraph.
(L) Failing to report any adverse action, as required by
statute or rule, taken against the certificate, permit, license,
or registration holder by another regulatory jurisdiction or any
peer review body, health care institution, professional
association, governmental agency, law enforcement agency or court
for acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action as described in this
section.
(m) Violation of a statute regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(n) Violation of any rule regulating an occupation or
profession subject to the authority of the boards, councils and
programs listed in ORS 676.606.
(o) Failing to cooperate with the agency in any investigation,
inspection or request for information.
(2) The agency may refuse to issue or renew, may suspend or
revoke or may place on probation or otherwise sanction a holder
of a certificate, permit, license or registration to practice
issued by the agency for failure to pay an outstanding civil
penalty or fee that is due or for failure to meet the terms of
any order issued by the agency that has become final.
(3) For the purpose of requesting a state or nationwide
criminal records check under ORS 181.534, the agency may require
the fingerprints of a person who is:
(a) Applying for a certificate, permit, license or registration
that is issued by the agency;
(b) Applying for renewal of a certificate, permit, license or
registration that is issued by the agency; or
(c) Under investigation by the agency.
(4) If the agency places a holder of a certificate, permit,
license or registration on probation under subsection (1) of this
section, the agency, in consultation with the appropriate board,
council or program, may determine and at any time modify the
conditions of the probation.
(5) If a certificate, permit, license or registration is
suspended, the holder may not practice during the term of
suspension. Upon the expiration of the term of suspension, the
certificate, permit, license or registration may be reinstated by
the agency if the conditions of suspension no longer exist and
the holder has satisfied all requirements in the relevant
statutes or administrative rules for issuance, renewal or
reinstatement.
SECTION 30. ORS 676.613 is amended to read:
676.613. (1) In addition to all other remedies, when it appears
to the Oregon Health Licensing Agency that a person is engaged
in, has engaged in or is about to engage in any act, practice or
transaction that violates any provision of ORS 675.360 to
675.410, 676.617, { + 678.710 to 678.840, + }680.500 to
680.570, 687.405 to 687.495, 688.701 to 688.734, 688.800 to
688.840, 690.005 to 690.235, 690.350 to 690.430, 690.500 to
690.570 or 694.015 to 694.185 or ORS chapter 700, the agency may,
through the Attorney General or the district attorney of the
county in which the act, practice or transaction occurs or will
occur, apply to the court for an injunction restraining the
person from the act, practice or transaction.
(2) A court may issue an injunction under this section without
proof of actual damages. An injunction issued under this section
does not relieve a person from any other prosecution or
enforcement action taken for violation of statutes listed in
subsection (1) of this section.
SECTION 31. ORS 676.992 is amended to read:
676.992. (1) Except as provided in subsection (3) of this
section, and in addition to any other penalty or remedy provided
by law, the Oregon Health Licensing Agency may impose a civil
penalty not to exceed $5,000 for each violation of the following
statutes and any rule adopted thereunder:
(a) ORS 688.701 to 688.734 (athletic training);
(b) ORS 690.500 to 690.570 (body piercing);
(c) ORS 690.005 to 690.235 (cosmetology);
(d) ORS 680.500 to 680.570 (denture technology);
(e) ORS 687.405 to 687.495 (direct entry midwifery);
(f) ORS 690.350 to 690.430 (electrology and permanent coloring
or tattooing);
(g) ORS 694.015 to 694.185 (dealing in hearing aids);
(h) ORS 688.800 to 688.840 (respiratory therapy);
(i) ORS chapter 700 (environmental sanitation);
(j) ORS 676.617 (single facility licensure); { - and - }
(k) ORS 675.360 to 675.410 (sex offender treatment) { + ; and
(L) ORS 678.710 to 678.840 (nursing home administrators) + }.
(2) The agency may take any other disciplinary action that it
finds proper, including but not limited to assessment of costs of
disciplinary proceedings, not to exceed $5,000, for violation of
any statute or rule adopted under any statute listed in
subsection (1) of this section.
(3) Subsection (1) of this section does not limit the amount of
the civil penalty resulting from a violation of ORS 694.042.
(4) In imposing a civil penalty pursuant to this section, the
agency shall consider the following factors:
(a) The immediacy and extent to which the violation threatens
the public health or safety;
(b) Any prior violations of statutes, rules or orders;
(c) The history of the person incurring a penalty in taking all
feasible steps to correct any violation; and
(d) Any other aggravating or mitigating factors.
(5) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(6) The moneys received by the agency from civil penalties
under this section shall be paid into the General Fund of the
State Treasury and credited to the Oregon Health Licensing Agency
Account established under ORS 676.625. Such moneys are
continuously appropriated to the agency for the administration
and enforcement of the laws the agency is charged with
administering and enforcing that govern the person against whom
the penalty was imposed.
SECTION 32. ORS 441.109 is amended to read:
441.109. The office of the Long Term Care Ombudsman shall carry
out the following duties:
(1) Investigate and resolve complaints made by or for residents
of long term care facilities about administrative actions that
may adversely affect their health, safety, welfare or rights,
including subpoenaing any person to appear, give sworn testimony
or to produce documentary or other evidence that is reasonably
material to any matter under investigation.
(2) Undertake, participate in or cooperate with persons and
agencies in such conferences, inquiries, meetings or studies as
may lead to improvements in the functioning of long term care
facilities.
(3) Monitor the development and implementation of federal,
state and local laws, regulations and policies that relate to
long term care facilities in this state.
(4) Provide information to public agencies about the problems
of residents of long term care facilities.
(5) Work closely with cooperative associations and citizen
groups in this state.
(6) Widely publicize the Long Term Care Ombudsman's service,
purpose and mode of operation.
(7) Collaborate with the Department of Human Services and the
{ - Board of Examiners of Nursing Home Administrators - }
{ + Nursing Home Administrators Board + } to establish a
statewide system to collect and analyze information on complaints
and conditions in long term care facilities for the purpose of
publicizing improvements and resolving significant problems.
(8) Appoint designees to serve as local representatives of the
office in various districts of the state and regularly monitor
their functions.
(9) Specify qualifications and duties of designees.
(10) Adopt rules necessary for carrying out ORS 441.100 to
441.133, after consultation with the committee.
(11) Provide periodically, or at least twice annually, a report
to the Governor, department and the Legislative Assembly.
(12) Prepare necessary reports with the assistance of the
department.
SECTION 33. ORS 676.160 is amended to read:
676.160. As used in ORS 676.165 to 676.180, 'health
professional regulatory board' means the:
(1) State Board of Examiners for Speech-Language Pathology and
Audiology;
(2) State Board of Chiropractic Examiners;
(3) State Board of Clinical Social Workers;
(4) Oregon Board of Licensed Professional Counselors and
Therapists;
(5) Oregon Board of Dentistry;
(6) Board of Examiners of Licensed Dietitians;
(7) State Board of Massage Therapists;
(8) State Mortuary and Cemetery Board;
(9) Board of Naturopathic Examiners;
(10) Oregon State Board of Nursing;
{ - (11) Board of Examiners of Nursing Home
Administrators; - }
{ + (11) Nursing Home Administrators Board; + }
(12) Oregon Board of Optometry;
(13) State Board of Pharmacy;
(14) Oregon Medical Board;
(15) Occupational Therapy Licensing Board;
(16) Physical Therapist Licensing Board;
(17) State Board of Psychologist Examiners;
(18) Board of Radiologic Technology;
(19) Oregon State Veterinary Medical Examining Board; and
(20) Department of Human Services to the extent that the
department certifies emergency medical technicians.
SECTION 34. { + ORS 678.825, 678.830 and 678.840 are
repealed. + }
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