Chapter 375 Oregon Laws 1999
Session Law
AN ACT
HB 2179
Relating to the practice of
nursing; amending ORS 678.113, 678.117 and 678.150.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 678.113 is amended to read:
678.113. [(1) On its own
motion or upon complaint by any person and after hearing as in a contested case
under ORS 183.310 to 183.550, the Oregon State Board of Nursing may require any
person licensed under ORS 678.010 to 678.410 to demonstrate competency to
practice nursing at the level at which the licensee is licensed by professional
references or by evidence of continuing education.]
(1) During the course of
an investigation into the performance or conduct of an applicant, certificate
holder or licensee, the Oregon State Board of Nursing may order mental health,
physical condition or chemical dependency evaluations of the applicant,
certificate holder or licensee upon reasonable belief that the applicant,
certificate holder or licensee is unable to practice nursing with reasonable
skill and safety to patients.
(2) When the board has
reasonable cause to believe that an applicant, certificate holder or licensee
is or may be unable to practice nursing with reasonable skill and safety to
patients, the board may order a competency examination of the applicant,
certificate holder or licensee for the purpose of determining the fitness of
the applicant, certificate holder or licensee to practice nursing with
reasonable skill and safety to patients.
(3) A licensee or
certificate holder by practicing nursing, or an applicant by applying to
practice nursing in Oregon, gives consent to submit to mental health, physical
condition or chemical dependency evaluations when ordered by the board and
waives any objection on the grounds of privileged communication to the
admissibility of information derived from evaluations ordered by the board.
[(2)] (4) By rule, the board may require
evidence of continuing education in an accredited program as a prerequisite for
renewal of registered or practical nursing licenses, or both, or may require
continuing education for persons whose license has lapsed for nonpayment of
fees, who have not practiced nursing for five years, or who have their licenses
suspended or revoked as a condition to relicensure.
SECTION 2.
ORS 678.117 is amended to read:
678.117. (1) The Oregon State Board of Nursing shall adopt by
rule a schedule establishing the amount of civil penalty that may be imposed
for any violation of ORS 678.010 to 678.445 or any rule of the board. No civil
penalty shall exceed [$1,000] $5,000.
[(2) Prior to imposing a
civil penalty, the board shall give five days' advance notice to the person
alleged to have violated ORS 678.010 to 678.445 or any rule of the board in
writing, specifying the violation and giving notice that a penalty will be
imposed.]
[(3)] (2) In imposing a penalty pursuant to
this section, the board shall consider the following factors:
(a) The past history of the person incurring the penalty in
observing the provisions of ORS 678.010 to 678.445 and the rules adopted
pursuant thereto.
(b) The economic and financial conditions of the person
incurring the penalty.
[(4)] (3) Any penalty imposed under this
section may be remitted or mitigated upon such terms and conditions as the board
considers proper and consistent with the public health and safety.
[(5)] (4) Civil penalties under this section
shall be imposed as provided in ORS 183.090.
[(6)] (5) All penalties recovered under this
section shall be credited to the special account described in ORS 678.170.
SECTION 3.
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 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) 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) 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) Enforce the provisions of ORS 678.010 to 678.445, and incur
necessary expenses therefor.
(i) 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) 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.
Approved by the Governor
June 28, 1999
Filed in the office of
Secretary of State June 29, 1999
Effective date October 23,
1999
__________