Chapter 420 Oregon Laws 1999
Session Law
AN ACT
SB 322
Relating to nursing;
amending ORS 678.050, 678.101 and 678.410.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 678.050 is amended to read:
678.050. (1) Examinations for the licensing of applicants under
ORS 678.010 to 678.445 shall be held at least once a year, and at such times
and places as the Oregon State Board of Nursing may determine. Notice of the
examination dates shall be given by mail to all accredited nursing education
programs in Oregon. The board shall issue a wallet sized license as evidence of
current licensure. The applicant shall be required to pass an examination in
such subjects relating to nursing at the practical or registered level as the
board may determine necessary to protect the public health and welfare.
(2) All duly qualified applicants who pass the examination
shall be issued the license provided for in ORS 678.010 to 678.445 according to
the nature of the license for which application is made and examination taken
and passed.
(3)(a) The board may issue a license by indorsement to an
applicant qualified as provided in ORS 678.040 who has passed the examination
used by the Oregon State Board of Nursing. The board may also require evidence
of competency to practice nursing at the level for which application is made.
(b) For the purposes of the licensing procedure, the board
shall not accept monetary assistance from anyone except the nurse applying for
licensure by indorsement.
(c) The board shall process in order applications for licensure
by indorsement of qualified applicants and immediately issue licenses or
license memoranda when the applications are received and review of supportive
documentation is completed. However, this paragraph does not prohibit the board
from immediately issuing a license out of order to applicants appearing in
person.
(d) The provisions of paragraphs (b) and (c) of this subsection
do not prohibit the board from processing requests to employ nurses to meet
temporary staffing shortages, as described in ORS 678.031 or 678.034, in
facilities in this state not involved in labor disputes.
(4) Subject to such terms and conditions as the board may
impose, the board may issue a limited license to practice registered or
practical nursing:
(a) To a graduate of an accredited nursing education program at
the appropriate level upon the applicant's filing for the first examination to
be given following the applicant's graduation. The license issued under this
paragraph expires when the results of the examinations are received by the
applicant. The board may extend the limited license if the applicant shows to
the satisfaction of the board that an emergency situation has prevented the
applicant from taking or completing the first examination administered
following graduation. The extension expires when the results of the next
examination are received by the applicant or on the filing date of the next
examination if the applicant has not reapplied.
(b) To an applicant whose license has become void by reason of
nonpayment of fees at either level and who otherwise meets the requirements of
the board. The board may, in issuing a limited license, require the applicant
to demonstrate ability to give safe nursing care by undergoing a supervised experience
in nursing practice as shall be designated by the board, or by satisfactorily
completing a continuing education program as approved by the board. The license
issued under this paragraph expires on the date set in the license by the
board. Upon satisfactorily completing the board's requirements, and payment of
the renewal fee and delinquency fee, the board shall issue to the applicant a
license to practice nursing.
(c) To an applicant who has not practiced nursing in any state
for a period of five years, but has maintained a current license by the payment
of fees. Such applicant shall not practice nursing in Oregon unless an
application is made to the board for a limited license and it is issued to the
applicant. The board, in issuing such limited license, may require the
applicant to demonstrate ability to give safe nursing care by undergoing a
supervised experience in nursing practice as shall be designated by the board,
or by satisfactorily completing a continuing education program approved or designated
by the board. No person shall be issued a license if, in the judgment of the
board, the person's conduct has been such, during absence from practice, that
the applicant would be denied a license if applying for an initial license to
practice nursing in this state.
(d) To a licensee who has been placed on probation or has been
otherwise subjected to disciplinary action by the board.
(e) To any of the
following persons if the person is affiliated with a planned program of study
in Oregon consistent with the standards and requirements established by the
board:
(A) A foreign nurse;
(B) A foreign student nurse;
or
(C) A nurse licensed in
another jurisdiction.
SECTION 2.
ORS 678.101 is amended to read:
678.101. Every person licensed to practice nursing shall apply
for renewal of the license other than a limited license in every second year
before 12:01 a.m. on the anniversary of the birthdate of the person in the
odd-numbered year for persons whose birth occurred in an odd-numbered year and
in the even-numbered year for persons whose birth occurred in an even-numbered
year. Persons whose birthdate anniversary falls on February 29 shall be treated
as if the anniversary were March 1. Each application shall be accompanied by a
nonrefundable renewal fee payable to the Oregon State Board of Nursing. The license of any person not
submitting, personally or by appropriately postmarked letter, the application
and renewal fee before 12:01 a.m. on the proper date of the appropriate year is expired and the person shall be
considered delinquent and shall be subject to the delinquent fee specified in
ORS 678.410. [A license not renewed
within 30 days after its expiration date is void.] A registered nurse who
has been issued a certificate as a nurse practitioner shall apply, personally
or by appropriately postmarked letter, for renewal of the certificate and for
renewal of the prescriptive privileges in every second year before 12:01 a.m.
on the anniversary of the birthdate, as determined for the person's license to
practice nursing.
SECTION 3.
ORS 678.410 is amended to read:
678.410. (1) The Oregon State Board of Nursing may impose fees
for the following:
(a) License renewal.
(b) Examination.
(c) License by indorsement.
(d) Limited license.
(e) Examination proctor service.
(f) Duplicate license.
(g) Extension of limited license.
(h) Nurse practitioner certificate.
(i) Reexamination for licensure.
(j) Delinquent fee.
(k) Renewal fee nurse practitioner.
(L) Verification of a license of a nurse applying for license
by indorsement in another state.
(m) Certified nurse practitioner's initial application and
registration for writing prescriptions.
(n) Renewal of certified nurse practitioner's application for
writing prescriptions.
(o) Approval of training program for nursing assistants.
(p) Issuance, renewal and delinquency of a nursing assistant
certificate.
(q) Voluntary monitoring program for chemical dependency or an
emotional or physical problem.
(2) Fees are nonrefundable.
(3) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior to adopting
the fees and charges, the fees and charges established under this section 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 the budget
may be modified by the Emergency Board. If federal or other funds are available
to offset costs of administering the program, fees shall be established based
on net costs to the state but not to exceed [$20] $40 per biennium
for the certification fee under subsection (1)(p) of this section.
Approved by the Governor
June 30, 1999
Filed in the office of
Secretary of State June 30, 1999
Effective date October 23,
1999
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