2015 ORS 678.150¹
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 shall 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 accredited or 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 shall 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 into effect 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 at such times as may be necessary.

(d) Accredit such nursing education programs as 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 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 (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 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 must include rules governing the delegation of administration of noninjectable medication by nursing assistants and must include rules prescribing the types of noninjectable medication that 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.

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

(8) For local correctional facilities, lockups and juvenile detention facilities, as defined in ORS 169.005 (Definitions for ORS 169.005 to 169.677 and 169.730 to 169.800), youth correction facilities as defined in ORS 420.005 (Definitions), for facilities operated by a public agency for detoxification of persons who use alcohol excessively, for homes or facilities licensed under ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) for adult foster care, and for facilities licensed under ORS 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties) 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 must 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 Oregon Medical Board 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 may be delegated only by a registered nurse.

(9) The Oregon State Board of Nursing 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]

See also annota­tions under ORS 678.160 in permanent edi­tion.

Atty. Gen. Opinions

Authority to es­tab­lish standards and viola­tion sanc­tions for nursing assistants, (1976) Vol 38, p 367

Chapter 678

Atty. Gen. Opinions

Disclosure by Board of Nursing of names, business and home addresses of registered and licensed practical nurses, (1982) Vol. 42, p 382; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188


1 Legislative Counsel Committee, CHAPTER 678—Nurses; Nursing Home Administrators, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors678.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 678, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano678.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.