ORS 678.150
Powers, functions and duties of board, officers and executive director

  • rules
  • subpoena powers

(1)

The Oregon State Board of Nursing shall elect annually from its number a president, a president-elect and a 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 constitute a quorum.

(2)

The board shall adopt a seal which shall be in the care of the executive director.

(3)

The board shall keep a record of all its proceedings and of all persons licensed and schools or programs approved under ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”). The records must at all reasonable times be open to public scrutiny.

(4)

The executive director of the board may hire and define the duties of employees as necessary to carry out the provisions of ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”). The executive director, with approval of the board, may employ special consultants. All salaries, compensation and expenses incurred or allowed shall be paid out of funds received by the board.

(5)

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.

(6)

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 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”).

(c)

Provide for surveys of nursing education programs as may be necessary.

(d)

Approve nursing education programs that meet the requirements of ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”) and of the board.

(e)

Deny or withdraw approval from nursing education programs for failure to meet prescribed standards.

(f)

Examine, license and renew the licenses of duly qualified applicants.

(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 (Rule 504-2. Nurse-patient privilege) or of psychotherapist-patient privilege under ORS 40.230 (Rule 504. Psychotherapist-patient privilege) 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 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”), and incur necessary expenses for the enforcement.

(i)

Adopt rules to prescribe:

(A)

Standards for the delegation of patient care tasks by a registered nurse to a nursing assistant. The standards must specify that only a registered nurse may delegate the provision of nursing care. The standards must include rules governing the delegation of administration of medication, including of controlled substances, and other tasks ordered or prescribed by a nurse practitioner or clinical nurse specialist or a physician licensed under ORS chapter 677.

(B)

Standards for the delegation by a registered nurse of procedures ordered or prescribed by a nurse practitioner or clinical nurse specialist or a physician licensed under ORS chapter 677 to persons other than licensed nursing personnel in a community-based setting, as defined by the board. The rules must provide for the delegation of procedures related to administration of medication.

(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.

(7)

The board shall determine the scope of practice as delineated by the knowledge acquired through approved courses of education or through experience.

(8)

Intentionally left blank —Ed.

(a)

The board shall adopt rules regarding the provision of nursing care and various tasks relating to the administration of medication, including the administration of controlled substances, for the community-based settings described in subsection (6) of this section.

(b)

The rules adopted under this subsection must:

(A)

Provide for the delegation, to other than licensed nursing personnel, of tasks relating to the administration of medication and patient care tasks that are ordered or prescribed by a physician licensed under ORS chapter 677, a clinical nurse specialist or a nurse practitioner.

(B)

Specify that the delegation must occur under the procedural guidance, initial direction and periodic inspection and evaluation of the physician, clinical nurse specialist, nurse practitioner or registered nurse.

(C)

Specify that the provision of nursing care may be delegated only by a registered nurse.

(D)

Determine sites in addition to the facilities described in this subsection where the delegation of nursing tasks and administration of medication may occur.

(9)

The board may require applicants, licensees and certificate holders under ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”) to provide to the board data concerning the individual’s nursing employment and education.

(10)

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check), the board may require the fingerprints of a person who is:

(a)

Applying for a license or certificate that is issued by the board;

(b)

Applying for renewal of a license or certificate that is issued by the board; or

(c)

Under investigation by the board.

(11)

Pursuant to ORS chapter 183, the board shall adopt rules necessary to carry out the provisions of ORS 678.010 (Definitions for ORS 678.010 to 678.410) to 678.448 (Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”). [Amended by 1953 c.254 §16; 1957 c.316 §28; subsections (5) to (9) enacted as 1957 c.316 §30; 1973 c.584 §14; 1975 c.659 §2; 1977 c.309 §2; 1979 c.771 §1; 1981 c.369 §9; 1983 c.511 §1; 1983 c.598 §2; 1987 c.369 §1; 1993 c.114 §1; 1999 c.375 §3; 2001 c.275 §3; 2001 c.763 §1; 2003 c.297 §1; 2005 c.730 §48; 2009 c.535 §10; 2009 c.756 §35; 2017 c.127 §1; 2019 c.358 §31; 2021 c.189 §4]

Source: Section 678.150 — Powers, functions and duties of board, officers and executive director; rules; subpoena powers, https://www.­oregonlegislature.­gov/bills_laws/ors/ors678.­html.

678.010
Definitions for ORS 678.010 to 678.410
678.021
License required to practice nursing
678.023
Use of title “nurse.”
678.025
Use of title “Advanced Practice Registered Nurse.”
678.031
Application of ORS 678.010 to 678.410
678.034
Hospitals to notify board of nurses employed to meet temporary staffing shortage
678.036
Liability of nurse supervising nursing assistants
678.038
Registered nurse employed in school, education service district or local public health authority
678.040
Qualifications of applicants for license
678.050
Examining applicants
678.055
Nurse emeritus license
678.080
Evidence of licensure
678.101
Renewal of license
678.111
Causes for denial, revocation or suspension of license or probation, reprimand or censure of licensee
678.112
Impaired health professional program
678.113
When evaluation of mental or physical condition, demonstration of competency or evidence of continuing education may be required
678.117
Procedure for imposing civil penalty
678.123
Prohibited acts
678.126
Confidentiality of information
678.128
Liability of complainants, witnesses, investigators, counsel and board members in disciplinary proceedings
678.135
Duty to report violations
678.140
Oregon State Board of Nursing
678.150
Powers, functions and duties of board, officers and executive director
678.153
Interagency agreement to share results of nationwide criminal records check
678.155
Restrictions on certain standards prescribed by board
678.158
Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate
678.164
Enjoining violations or threatened violations
678.170
Disposition of receipts
678.245
Definitions for ORS 678.245 to 678.285
678.255
Provision of nurse anesthetist services in ambulatory surgical centers
678.265
Ambulatory surgical center oversight of nurse anesthetists
678.275
Provision of nurse anesthetist services in hospitals
678.278
Provision of nurse anesthetist services in offices
678.282
Prescribing authority of nurse anesthetists
678.285
Board regulation of nurse anesthetists
678.340
Requirements for institutions desiring to establish nursing education programs
678.360
Survey to evaluate institutions
678.362
Circulating nurses
678.366
Registered nurse first assistants
678.370
Clinical nurse specialists
678.372
Rules for clinical nurse specialists
678.375
Nurse practitioners
678.380
Rules for nurse practitioners
678.390
Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs
678.410
Fees
678.415
Additional fee for examination, license by indorsement, license renewal fees
678.417
Oregon Nursing Advancement Fund
678.420
Declaration of nursing workforce and faculty shortage
678.425
Advisory organizations
678.440
Nursing assistants
678.442
Certification of nursing assistants
678.444
Standards for training programs for nursing assistants
678.445
Administration of noninjectable medication by nursing assistant
678.447
Use of titles “medication aide,” “Certified Medication Aide” or “CMA.”
678.448
Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.”
678.710
Definitions for ORS 678.710 to 678.820
678.720
Prohibited acts relating to administration of nursing homes
678.725
Reporting unlawful or unsatisfactory nursing home conditions and prohibited conduct
678.730
Licensing qualifications of nursing home administrator
678.733
Residential care facility administrator license
678.740
Examination for nursing home administrator license
678.743
Residential care facility administrator examination
678.746
Rules
678.750
Applicability of licensing requirements to administrators of organizations that rely on spiritual care and treatment
678.770
Licensing reciprocity
678.780
Grounds for discipline of nursing home administrator
678.790
Procedure
678.793
Licensure type of board member in disciplinary action
678.800
Long Term Care Administrators Board
678.810
Board meetings
678.820
Duties and powers of board and Health Licensing Office
678.990
Penalties
Green check means up to date. Up to date