Oregon Bulletin
January 1, 2011
Rule
Caption: Licensing Fee Increase for Nurses
and Nursing Assistants.
Adm.
Order No.: BN 16-2010
Filed with Sec. of
State: 11-29-2010
Certified to be
Effective: 11-29-10
Notice Publication
Date: 10-1-2010
Rules Amended: 851-002-0010, 851-002-0040
Subject: These rules cover the agency fees. These rules
amendments will increases the licensing renewal fee for nurses and nursing
assistants.
Rules Coordinator: KC Cotton—(971) 673-0638
851-002-0010
RN/LPN Schedule of Fees
(1) License Renewal — $145.
(2) Delinquent Renewal — $12.
(3) Workforce Data Analysis Fund at Renewal — $5.
(4) License by Endorsement — $195.
(5) Licensure by Examination — $160.
(6) Written Verification of License — $12.
(7) Limited Licenses:
(a) License Memorandum — $25.
(b) Reentry — $95.
(c) Extension of Reentry — $25.
(8) Limited Licenses for Educational Experience:
(a) International Graduate Nursing Students —
$65.
(b) Extension of International Graduate Nursing
Students — $25.
(c) International RN in Short-Term Educational
Experience — $35.
(d) International Exchange Students — $25.
(e) U.S. RNs in Distance Learning — $15.
(f) Extension of Distance Learning — $15.
(9) Reexamination for Licensure — $25.
(10) Reactivation — $160.
(11) Reinstatement by Reactivation — 160.
Stat. Auth.: ORS 678.150 &
678.410
Stats. Implemented: ORS 678.410
Hist.: NER 26(Temp), f. & ef.
12-11-75; NER 32, f. & ef. 5-4-76; NER 5-1981, f. & ef. 11-24-81; NER
2-1982, f. & ef. 8-25-82; NER 5-1983, f. 12-9-83, ef. 1-1-84; NER 5-1985,
f. 7-30-85, ef. 10-1-85; NER 6-1986, f. & ef. 12-3-86; NB 5-1987, f. &
ef. 7-1-87; NB 7-1987, f. & ef. 10-5-87; NB 1-1988, f. & cert. ef.
4-18-88; NB 2-1989, f. 6-22-89, cert. ef. 7-1-89; NB 2-1991, f. 6-14-91, cert.
ef. 7-1-91; NB 3-1991, f. & cert. ef. 9-25-91; NB 5-1993, f. 6-15-93, cert.
ef. 7-1-93; NB 7-1993, f. & cert. ef. 7-1-93; NB 13-1993, f. & cert.
ef. 12-20-93; NB 5-1994 f. & cert. ef. 9-15-94; Renumbered from
851-020-0295; NB 8-1994, f. & cert. ef. 12-7-94; NB 7-1995(Temp), f. &
cert. ef. 6-23-95; NB 2-1996, f. & cert. ef. 3-12-96; NB 9-1997, f.
7-22-97, cert. ef. 9-1-97; BN 6-1998(Temp), f. & cert. ef. 7-15-98 thru
12-31-98; Administrative correction 8-5-98; BN 10-1998, f. & cert. ef.
8-7-98; BN 11-1998, f. & cert. ef. 9-22-98; BN 4-1999, f. 5-21-99, cert.
ef. 7-1-99, Renumbered from 851-031-0200; BN 11-1999, f. & cert. ef.
12-1-99; BN 6-2000, f. & cert. ef. 4-24-00; BN 17-2002, f. & cert. ef.
10-18-02; BN 6-2003, f. & cert. ef. 7-7-03; BN 5-2007, f. 5-4-07, cert. ef.
7-1-07; BN 5-2009, f. & cert. ef. 10-7-09; BN 6-2009, f. 12-17-09, cert.
ef. 1-1-10; BN 7-2010, f. & cert. ef. 6-25-10; BN 16-2010, f. & cert.
ef. 11-29-10
851-002-0040
Nursing Assistant Schedule of Fees
(1) Certification by Examination — $106.
(2) Certification by Endorsement — $60.
(3) Reexamination — Manual Skills — $45.
(4) Reexamination — Written — $25.
(5) Oral Administration of Written Examination —
$35.
(6) Written Verification of Certification — $10.
(7) CNA Certificate Renewal — $60.
(8) CNA Reactivation Fee — $5.
(9) Workforce Data Analysis Fund at Renewal — $5.
(10) CNA Certification for RN or LPN — $60.
(11) CNA Certification for Student Nurses — $60.
(12) Initial Approval CNA Training Program —
$100.
(13) Approval of Revised CNA Training Program —
$75.
(14) Reapproval of CNA Training Program — $50.
(15) CNA Primary Instructor Approval — $10.
(16) Initial Approval of CNA Program Director —
$25.
Stat. Auth.: ORS 678.150 &
678.410
Stats. Implemented: ORS 678.410
Hist.: NB 9-1989(Temp), f. &
cert. ef. 11-24-89; NB 5-1990, f. & cert. ef. 5-7-90; NB 7-1990(Temp), f.
& cert. ef. 7-11-90; NB 9-1990, f. & cert. ef. 10-9-90; NB
5-1991(Temp), f. & cert. ef. 10-15-91; NB 3-1992, f. & cert. ef.
2-13-92; NB 12-1992, f. 12-15-92, cert. ef. 1-1-93; NB 2-1993, f. 2-8-93, cert.
ef. 2-16-93; NB 15-1993, f. 12-27-93, cert. ef. 6-1-94; NB 9-1997, f. 7-22-97,
cert. ef. 9-1-97; BN 4-1999, f. 5-21-99, cert. ef. 7-1-99, Renumbered from
851-060-0300; BN 7-1999, f. 8-10-99, cert. ef. 11-1-99; BN 10-1999, f. &
cert. ef. 12-1-99; BN 6-2003, f. & cert. ef. 7-7-03; BN 7-2004, f. &
cert. ef. 2-26-04; BN 14-2004, f. & cert. ef. 10-26-04; BN 7-2007, f.
6-29-07, cert. ef. 1-1-08; BN 5-2009, f. & cert. ef. 10-7-09; BN 6-2009, f.
12-17-09, cert. ef. 1-1-10; BN 8-2010, f. & cert. ef. 6-25-10; BN 16-2010,
f. & cert. ef. 11-29-10
Rule
Caption: Nursing Education Rules Revised.
Adm.
Order No.: BN 17-2010
Filed with Sec. of
State: 11-29-2010
Certified to be
Effective: 11-29-10
Notice Publication
Date: 10-1-2010
Rules Amended: 851-021-0005, 851-021-0010, 851-021-0045,
851-021-0055, 851-021-0065, 851-021-0090
Subject: These rules cover the standards for the approval of
educational programs in nursing, preparing candidates for licensure as
practical or registered nurses. These amendments focus mainly on the steps for
new program development and are part of a periodic rule review process.
Rules Coordinator: KC Cotton—(971) 673-0638
851-021-0005
Definitions
As used in these rules:
(1) “Accreditation” is a voluntary, non-governmental
peer review process by the higher education community. For the purpose of these
rules, institutional accreditation applies to the entire institution, whereas
nursing program accreditation applies to program accreditation by the
Commission on Collegiate Nursing Education (CCNE) or the National League for
Nursing Accrediting Commission (NLNAC).
(2) “Accrediting agency” means a regional accrediting
association or national accrediting agency approved by the U.S. Department of
Education (US DOE) and/or the Council on Higher Education Accreditation (CHEA).
(3) “Approval” is synonymous with accreditation as
authorized in ORS 678.150, and means the process by which the Board evaluates
and grants official recognition and status to nursing education programs that
meet Board established uniform and reasonable standards. The status assigned
may be Developmental Approval, Initial Approval or Approval.
(4) “Approval by the office of Degree Authorization”
means the approval, under ORS 348.606, to provide any part of a program leading
to the award of college credit or to an academic degree.
(5) “Articulation” refers to the process of comparing
or matching the coursework completed in one educational institution with the
courses or requirements of another institution. For the purpose of these rules,
articulation specifically relates to courses completed or required within a
nursing education program.
(6) “Basic Master’s Program” —A graduate program
in nursing leading to initial licensure.
(7) “Board” refers to the Oregon State Board of
Nursing.
(8) “Clinical Lab Teaching Assistant” refers to a
member of the nursing faculty whose primary responsibility is to assist with
the clinical lab teaching under the direction of the nurse educator.
(9) “Clinical Teaching Associate” refers to a nurse who
has undergone specific education/training to serve as a role model, resource
and coach for nursing students. The clinical teaching associate functions under
the direction of the nurse educator or nurse educator associate.
(10) “Community-based nursing” is nursing practice that
takes place in the context of family and the community.
(11) “Competencies” mean the knowledge, values,
attitudes, and interpersonal, clinical reasoning, and psychomotor skills
expected for safe and effective nursing practice.
(12) “Controlling Body” is an accredited educational
agency planning to conduct or conducting a program in nursing. For purposes of
these rules, “institution,” “Educational institution,” or “governing
institution” is synonymous with “controlling body.”
(13) “Developmental approval” means approval of an application
for establishing a new program and authorization to proceed with its
development.
(14) “Distance nursing education” means the provision
of nursing course(s) to students in settings physically separate from the
faculty and the campus-based setting. Distance nursing education includes
on-line and web-based portals, video-streaming, interactive television, and use
of other electronic course delivery methods.
(15) “Extended campus site” means any location of an
institution, other than the main campus, at which the institution offers at
least 50 percent of a nursing education curriculum.
(16) “Faculty” means the nursing faculty as a whole,
functioning as a collective body.
(17) “Faculty member” means an individual nurse
educator, nurse educator associate, or clinical lab teaching assistant.
(18) “Home Board” means the approval or accrediting
authority by which a particular nursing program is approved and to which it is
accountable.
(19) “Initial Approval” means authorization by the
Board to accept students for admission in a new nursing program, or in an
extended campus site, when the Board deems the extended campus site to be the
equivalent of a new program. Initial approval status continues until the first
class has graduated and the Board has taken final action on the application for
approval.
(20) “Major curriculum change” means a change that
results in a refocus of purpose and objectives, a substantive change in program
structure or method of instructional delivery, or a change that modifies 10% or
more of the credit hours in the curriculum.
(21) “May” indicates permission.
(22) “National accreditation” means accreditation
granted by the National League for Nursing Accrediting Commission (NLNAC) or
Commission on Collegiate Nursing Education (CCNE).
(23) “Nurse Administrator” refers to the registered
nurse who is responsible and accountable for the nursing educational
department, division or program, regardless of the official title assigned by
any specific institution.
(24) “Nurse Educator” refers to a registered nurse who,
as a member of the nursing faculty, is responsible for the development and/or
implementation of the nursing program including curriculum, policies, student
advising, and evaluation, mentoring and collaborating with nurse educator associates
and clinical teaching associates. For the purpose of these rules, the term
“nurse educator” includes all nurse faculty members regardless of rank who have
responsibility for development and implementation of the program.
(25) “Nurse Educator Associate” refers to a registered
nurse who may contribute to classroom and clinical instruction in collaboration
with and under the direction of the nurse educator.
(26) “Nursing experience” means practice as a
registered nurse. Specified years of nursing experience mean full time
equivalence (FTE).
(27) “Organizing framework” means the mission,
philosophy, and/or underlying assumptions upon which the curriculum is based.
(28) “Outcomes” are statements of the expected
knowledge, skills, attitudes, values and abilities to be gained by students
through completion of the nursing education program or a segment thereof.
(29) “Out-of-State Nursing Program” means a program in
the United States that is approved or accredited by the licensing board for
nurses in the particular state or U.S. territory, or the appropriate
accrediting agency for that state or U.S. territory.
(30) “Population-focused nursing” is nursing practice
that merges the body of knowledge from the public health sciences with nursing
theories for the purpose of safeguarding and improving the health of
populations.
(31) “Post-master’s certificate” means a certificate
from an accredited graduate nursing education program that prepares licensed
nurses who hold a master’s degree for an advanced nursing role.
(32) “Practice Site” is a location or situation in
which nursing experience with actual patient/client individuals or groups is
obtained.
(33) “Practicum” is a course or session in which a
student obtains experience in nursing in either a laboratory or practice site.
(34) “Program” means a nursing education program that
prepares graduates for licensure as registered or licensed practical nurses.
The terms “nursing program,” or “nursing education program” as used in these
rules, are synonymous with “Program.”
(35) “Representative of the Board” means the Education
Consultant or Board designee qualified to perform the necessary
responsibilities.
(36) “Shall” indicates a requirement.
(37) “Significant increase” means an increase of more
than 10% in the enrolled nursing students or an increase of one or more
clinical cohorts, whichever is greater.
(38) “Site Visit” means that representative(s) of the
Board go to the location of a program for specified purpose(s) which may
include a survey for approval.
(39) “Standards for Approval” — Authoritative
statements that set expectations for a program to achieve and maintain for
approval status. (OAR 851-021-0040 through 0070).
(40) “Statewide Need” — Assessment and documentation
of the need for the nursing program in relation to plans for total state
resources and the need for entry level nurses in the state.
(41) “Survey visit” means that representative(s) of the
Board go to the location of a program to review the program for compliance with
Standards for Approval, and to prepare a report and recommendation regarding
approval status.
(42) “Units or Credits” — For programs on
academic quarters, one unit or credit is defined as one academic clock hour per
week for ten to twelve weeks or three academic clock hours of practicum per
week for ten to twelve weeks. For programs on academic semesters, one unit or
credit is defined as one academic clock hour per week for fourteen to sixteen
weeks or three academic clock hours of practicum per week for fourteen to
sixteen weeks.
Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.150
Hist.: NER 9, f. 8-15-62; NER 15,
f. 1-4-71, ef. 1-25-71; NER 30, f. & ef. 1-27-76; NER 37, f. & ef.
7-18-77; NER 2-1985, f. & ef. 4-5-85; NB 1-1990, f. & cert. ef. 4-2-90;
Renumbered from 851-020-0005; NB 2-1996, f. & cert. ef. 3-12-96; NB 4-1996,
f. & cert. ef. 9-3-96; BN 7-1998, f. & cert. ef. 7-16-98; BN 1-2001, f.
& cert. ef. 2-21-01; BN 3-2008, f. & cert. ef. 6-24-08; BN 17-2010, f.
& cert. ef. 11-29-10
851-021-0010
Approval of Nursing Education
Programs
(1) Letter of Intent and Preliminary Application:
(a) An institution or consortium of accredited
institutions wishing to establish a new program in nursing shall submit a
letter of intent and preliminary application to develop the program to the
Board in advance of anticipated opening date.
(b) The letter of intent and preliminary application
shall address at least the following information:
(A) Purpose, size, and type of program proposed
(B) Studies documenting the statewide need for
graduates of the program. The study should also specifically address the need
for the program in relation to the nursing needs of the geographical area to be
served;
(C) An analysis of potential impact on other nursing
programs in the state including:
(i) An analysis of current usage of potential clinical
sites in area(s) proposed for student placements including impact on other
programs placing students in clinical sites; and
(ii) Projected number of faculty positions and
availability of qualified faculty in the area(s) proposed for clinical
placements.
(D) Evidence of administrative and financial support
for development of a nursing program;
(E) Anticipated student enrollment and proposed date of
enrollment;
(F) For consortium applicants, any charters, contracts
and other documents that show:
(i) Relationships among member institutions;
(ii) Member institution commitment to the consortium
and the proposed nursing program; and
(iii) Mechanisms within the consortium for attainment
and maintenance of Board standards for nursing education programs.
(G) The applicant shall respond to any Board requests
for additional information;
(H) The Board, after timely review and consideration of
the information contained in the letter of intent and any supplementary
information, shall either grant or deny permission to begin development of a
nursing program, including rationale for the decision;
(I) The Board shall provide notice to the nurse
administrator and academic administrator of all Oregon-approved nursing
education program within 30 days of Board decision regarding approval to
develop a nursing program;
(J) The nurse administrator and academic administrator
of an Oregon-approved nursing education program shall have 30 days from
notification of new program development to respond to the Board addressing
potential adverse impact to their program;
(K) If the applicant is denied permission to begin
development of a nursing program, the program may submit a revised letter of
intent and preliminary application no sooner than six months from the previous
submission;
(L) If the applicant is denied permission to begin
development of a nursing program, a hearing before the Board may be requested
and the provisions of the Administrative Procedures Act shall apply; and
(M) If the applicant does not submit a complete
developmental approval application within twelve months after the date of the
Board granting permission to proceed, the permission to begin program
development shall expire.
(2) Application for Developmental Approval:
(a) An institution or consortium of accredited
institutions that has received approval of their letter of intent to develop a nursing
program may make application for developmental approval.
(b) The developmental approval application shall
include at least the following:
(A) Evidence of accreditation of the institution, or of
all member institutions in a consortium, by an appropriate regional or national
accrediting association or agency; institutions seeking to establish a
registered nursing program shall show evidence of;
(i) Approval as a degree-granting institution of higher
education in Oregon; and
(ii) Accreditation by a regional association or
national agency recognized by the Council on Higher Education Accreditation
(CHEA).
(B) Letters of response from Oregon-approved nursing
programs addressing specific concerns regarding adverse impact on current
programs,
(C) Evidence of the appointment of a qualified nurse
administrator and sufficient administrative support for program development;
(D) Administration and organizational plan delineating
lines of authority and decision making impacting the nursing program;
(E) Description of proposed instructional modalities
and resources to support these modalities with dates of availability;
(F) Availability of adequate practice sites for the
program with supporting documentation from persons assigned to coordinate
clinical placements for each facility;
(G) Availability of adequate educational facilities,
services, and resources for the program;
(H) Evidence of financial resources adequate for
planning, implementation and continuation of the program, including proposed
operating costs;
(I) Tentative timetable for planning the program;
(J) Tentative start date for the program; and
(K) Current institution catalog(s).
(c) The applicant shall respond to the Board’s
request(s) for additional information.
(d) If the Board, after timely review and consideration
of the information contained in the application and any supplementary
information, including response statements from other programs, shall either
approve or deny the application and notify the applicant, including rationale
for the decision.
(e) If developmental approval is denied, the program
may submit a revised developmental application no sooner than six months from
the previous submission.
(f) If developmental approval is denied, the applicant
may request a hearing before the Board and the provisions of the Administrative
Procedures Act shall apply; and
(g) If the applicant does not submit an application for
initial approval within twelve months after the date designated for initiating
the program in the approved plan, the developmental approval shall expire.
(3) Initial Approval:
(a) Initial approval status may be applied for when the
following conditions have been met:
(A) Application as described in OAR 851-021-0010(2) has
received Board approval;
(B) Evidence of approval for the new program has been
obtained from the appropriate agencies or bodies that review and approve new
programs for public and private educational institutions.
(i) An institution shall provide one copy of the report
that was submitted to each agency and a copy of the letter(s) indicating that
approval for the program have been granted;
(ii) A consortium shall provide documentation that each
member institution has approved the program, as well as documentation of agency
approval as above; and
(iii) An institution licensed by the Oregon Department
of Education, Private Career Schools section shall provide documentation of
current licensure.
(C) There are sufficient qualified nurse educators,
other required educators and administrative support services to initiate the
program a minimum of six months prior to the beginning of the courses;
(D) A tentative written proposed program plan,
including curriculum developed in accordance with the Standards for Approval,
has been submitted a minimum of three months prior to the offering of the first
course to nursing students;
(E) There is evidence of readiness for admission of
students in educational and clinical facilities including clinical placement
sites for the maximum number of students enrolled at one time a minimum of
three months prior to the offering of the first course to nursing students;
(F) Policies for admission and progression are in place
a minimum of three months prior to the offering of the first course to nursing
students;
(G) There is a comprehensive plan for evaluation of the
nursing program that addresses key outcomes a minimum of three months prior to
the offering of the first course to nursing students; and
(H) There is a signed agreement(s) for the articulation
of program graduates into the next level of nursing education a minimum of
three months prior to the offering of the first course to nursing students:
(i) Programs leading to a certificate or degree in
practical nursing shall have an agreement with an Oregon-approved program
preparing candidates for licensure as a registered nurse; and
(ii) Programs leading to an associate degree in nursing
shall have an agreement with an Oregon-approved program leading to a
baccalaureate or higher degree in nursing.
(b) Following Board receipt and review of the
information required in OAR 851-021-0010(3)(a), the Board may grant or deny
initial approval;
(c) A site visit may be conducted by a
representative(s) of the Board;
(d) Initial approval must be received by a program
prior to publication of the program and recruitment or acceptance of students
for admission to the first class of nursing students;
(e) If initial approval is denied, the applicant may
request a hearing before the Board and the provisions of the Administrative Procedures
Act shall apply;
(f) Interim visits and/or progress reports may be
requested by the Board at any time during the initial approval phase and/or
following initial approval as deemed necessary by the Board; and
(g) If the institution or consortium does not admit a
class within twelve months after the date designated for initiating the program
the initial approval shall expire.
(4) Approval:
(a) Eligibility for approval occurs after the
graduation of the first class of students;
(b) Within six months following graduation of the first
class, the program shall submit a self study report addressing compliance with
the Standards for Approval (OAR 851-021-0040 through OAR 851-021-0070) and a
survey visit shall be made for consideration of approval of the program;
(c) The decision of the Board to grant or deny approval
shall be based upon review of a self study report submitted by the program
addressing compliance with Board standards, of the success rate of graduates on
the national licensure examination, and of a survey report by a
representative(s) of the Board; and
(d) If approval is denied, the applicant may request a
hearing before the Board and the provisions of the Administrative Procedures
Act shall apply.
Stat. Auth.: ORS 678.150, 678.340
& 678.360
Stats. Implemented: ORS 678.150
& 678.360
Hist.: NER 30, f. & ef.
1-27-76; NER 37, f. & ef. 7-18-77; NB 3-1988, f. & cert. ef. 7-5-88; NB
1-1990, f. & cert. ef. 4-2-90; Renumbered from 851-020-0021; NB 4-1996, f.
& cert. ef. 9-3-96; BN 1-2001, f. & cert. ef. 2-21-01; BN 7-2003, f.
& cert. ef. 7-7-03; BN 11-2003, f. & cert. ef. 12-9-03; BN 3-2008, f.
& cert. ef. 6-24-08; BN 17-2010, f. & cert. ef. 11-29-10
851-021-0045
Standards for Approval: Nursing
Faculty
(1) The faculty shall include a sufficient number of
qualified nurse educators and nurse educator associates to meet the identified
learning outcomes of the nursing education program.
(2) The nurse administrator and each nurse faculty
member shall hold a current, unencumbered license to practice as a registered
nurse in Oregon and be academically and experientially qualified for the
position to which she/he is appointed.
(3) Faculty teaching in clinical settings shall also
hold a registered nurse license to practice and meet requirements in the state
in which the clinical experience is occurring.
(4) Each non-nurse faculty member shall be academically
and experientially qualified for his/her responsibilities.
(5) The nurse administrator and each faculty member
shall demonstrate professional competence and continued development in nursing,
nursing education, and assigned teaching responsibilities.
(a) The nurse administrator and each faculty member
shall periodically review assigned teaching responsibilities, evaluating and
revising professional development plans as indicated; and
(b) The institution and nurse administrator shall
support faculty in developing and maintaining competence in assigned teaching
responsibilities.
(6) Qualifications for practical nurse programs:
(a) The nurse administrator shall:
(A) Hold at least a master’s degree in nursing with
documentation of preparation and/or experience in curriculum and teaching; and
(B) Have at least four years of nursing experience, of
which two years shall have been in a teaching or administrative position in a
nursing education program.
(b) Each nurse educator shall:
(A) Hold at least a baccalaureate degree in nursing;
and
(B) Have at least three years of nursing experience.
(c) Each nurse educator associate shall:
(A) Hold at least a baccalaureate degree in nursing;
and
(B) Have at least two years of nursing experience.
(d) Each clinical lab teaching assistant shall:
(A) Hold a degree or certificate that is, at a minimum,
equivalent to that for which students are being prepared; and
(B) Have at least two years of nursing experience.
(e) If the institutional program in practical nursing
is embedded within a program in registered nursing, all faculty member
appointments shall meet the qualifications required for registered nurse
programs.
(7) Qualifications for registered nurse programs:
(a) The nurse administrator shall:
(A) Hold at least a master’s degree in nursing with
documentation of preparation and/or experience in curriculum and teaching. In
addition, for baccalaureate degree nursing programs, the nurse administrator
shall hold an earned doctorate degree; and
(B) Have at least five years of nursing experience, of
which three years shall have been in a nurse educator or administrative
position in a nursing education program.
(b) Each nurse educator shall:
(A) Hold at least a master’s degree in nursing or a
baccalaureate degree in nursing, and master’s in a related field with a
post-master’s certificate in nursing from a program that is at least two
semesters or three quarters in length; and
(B) Have at least three years of nursing experience.
(c) Each nurse educator associate shall hold at least a
bachelor’s degree in nursing with no less than two years of nursing experience.
(d) Each clinical lab teaching assistant shall:
(A) Hold at least the educational level of preparation
for which students are being taught; and
(B) Have at least two years of nursing experience.
(8) Any exceptions to subsections (6)(a), (b), (c),
(d), (e) and (7)(a), (b), (c), (d) of this rule shall be submitted in writing
to the Board and shall include rationale for the request. The Board may grant
exceptions for any of the following circumstances:
(a) The education and experience qualifications are
deemed equivalent to the requirements; or
(b) The individual has a baccalaureate in nursing, a
masters or doctorate in a related field, and relevant nursing experience. The
background of the individual is related to the teaching assignment and is
complementary to the faculty mix, or
(c) Substantial effort has been made to recruit a
qualified faculty member, and the appointed individual is pursuing the needed
qualifications; or
(d) Substantial effort has been made to recruit a
qualified faculty member, and the individual without full qualification is
appointed for one year. The exception may be extended for one year with
documentation of either continued and unsuccessful recruitment for a qualified
replacement, or a plan to establish eligibility under exception (c) above.
(9) Special Provision for Nursing Faculty. Nurse
administrators and faculty members employed as such in Oregon during the 1984
85 academic year may be appointed after September 1, 1985 without meeting new
requirements under paragraphs 6(a)(A), (6)(b)(A), (7)(a)(A) and (7)(b)(A) of
this rule.
(10) Faculty Member/Student Ratio:
(a) The number of faculty members appointed shall be
not less than one faculty member to every eight students having experience in
one or more practice sites at any given time. A lower ratio shall apply when
nursing faculty determine that student/client safety and learning effectiveness
warrant.
(b) Factors to be considered in determining the faculty
member/student ratio shall be:
(A) Objectives to be achieved;
(B) Preparation and expertise of faculty member;
(C) Use of clinical teaching associates;
(D) Level of students;
(E) Number, type and condition of clients;
(F) Number, type, and location of practice sites; and
(G) Adequacy of the ratio for nurse faculty to:
(i) Assess students’ capability to function safely
within the practice situation;
(ii) Select and guide student experience; and
(iii) Evaluate student performance.
(c) Clinical teaching associates may be used within the
following guidelines:
(A) There shall be a written plan for the clinical
learning experience consistent with these rules;
(B) Clinical teaching associates shall be selected
according to written criteria developed by faculty, and agreed to by
responsible person(s) in the practice site;
(C) A faculty member shall be available to the clinical
teaching associate(s) while students are involved in a the clinical learning
experience;
(D) The faculty member shall confer with each clinical
teaching associate and student (individually or in groups) regularly during the
clinical learning experience;
(E) Use of clinical teaching associates does not modify
the requirement for faculty member/student ratio, except that the ratio may be
modified for final practica.
(11) Principal responsibilities of the faculty shall be
to:
(a) Develop, implement and evaluate the organizing
framework and learning outcomes of the program;
(b) Construct, implement, evaluate and revise the
curriculum;
(c) Develop, implement and evaluate policies and standards
for the advising, selection, admission, advanced placement, progression and
graduation of nursing students within the framework of the policies of the
educational institution;
(d) Develop, integrate and evaluate student learning
experiences including selection of learning activities, appropriate use of
emerging teaching and learning methodologies, assessment and guidance of the
student and evaluation of client and student safety;
(e) Develop, implement and evaluate policies for
assessing student achievement in terms of course and program learning outcomes;
(f) Evaluate student learning and performance, assign
grades for courses according to policies, determine student progression within
the program, and recommend successful candidates for the degree or certificate;
(g) Develop, implement and evaluate policies and
procedures necessary for the operation of the program;
(h) Provide for student evaluation of teaching
effectiveness;
(i) Provide for evaluation of faculty members within
the framework of the educational institution;
(j) Orient and provide on-going guidance for nurse
educator associates, clinical teaching associates, and nursing staff in
practice sites related to the program goals, learning outcomes and expected
competencies of the students;
(k) Participate in review of the total nursing program;
(l) Participate in determining academic policies and
procedures of the institution;
(m) Participate cooperatively with other nursing
programs and agencies to develop appropriate and equitable access to practice
sites; and
(n) Provide mechanisms for student input into and/or
participation in decisions related to the nursing program.
(12) Faculty Organization shall be as follows:
(a) The nursing faculty shall participate through
faculty meetings or other methods in developing, implementing and evaluating
the program and curriculum and other responsibilities of the faculty;
(b) Minutes of faculty and committee meetings,
including actions taken, shall be recorded and available for reference; and
(c) Faculty participation in decisions related to
developing, implementing, and evaluating the curriculum, and to establishing or
modifying nursing program policies shall be documented.
Stat. Auth.: ORS 678.150, 678.340
& 678.360
Stats. Implemented: ORS 678.150
& 678.360
Hist.: NER 30, f. & ef.
1-27-76; NER 37, f. & ef. 7-18-77; NER 3-1984, f. & ef. 10-4-84; NER
2-1985, f. & ef. 4-5-85; NER 4-1985, f. & ef. 7-10-85; NB 1-1990, f.
& cert. ef. 4-2-90; Renumbered from 851-020-0061; NB 4-1996, f. & cert.
ef. 9-3-96; BN 1-2001, f. & cert. ef. 2-21-01; BN 7-2001, f. & cert.
ef. 7-9-01; BN 3-2008, f. & cert. ef. 6-24-08; BN 17-2010, f. & cert.
ef. 11-29-10
851-021-0055
Standards for Approval: Students
The program in nursing is accountable to students by
providing that:
(1) Admission, readmission, transfer, progression,
retention, dismissal and graduation requirements are available to the students
in written form and are consistent with those of the sponsoring institution.
Where necessary, policies specific to nursing students may be adopted if
justified by the nature and purposes of the nursing program.
(2) Students are admitted without discrimination as to
age, race, religion, gender, sexual preference, national origin or marital
status.
(3) Facilities and services of the program and its
sponsoring institution are documented and available to students.
(4) Distance Nursing education programs are effectively
supported through accessible modes of delivery, resources, and student support.
(5) Student rights and responsibilities are available
in written form.
(6) Students are required to submit to a criminal
background check to identify criminal convictions that may:
(a) Pose a risk to public safety;
(b) Preclude the ability to complete required clinical
practica; or
(c) Result in Notice to Deny Licensure on application
for initial licensure in Oregon.
(7) There is a signed agreement for the articulation or
program graduates into the next level of nursing education as follows:
(a) Programs leading to a certificate or degree in
practical nursing shall have an agreement with an Oregon-approved program
preparing candidates for licensure as a registered nurse; or
(b) Programs leading to an associate degree in nursing
shall have an agreement with an Oregon-approved program leading to a
baccalaureate or higher degree in nursing.
Stat. Auth.: ORS 678.150,
678.340& 678.360
Stats. Implemented: ORS 678.150
& 678.360
Hist.: NB 1-1990, f. & cert.
ef. 4-2-90; Renumbered from 851-020-0068; NB 4-1996, f. & cert. ef. 9-3-96;
BN 3-2008, f. & cert. ef. 6-24-08; BN 17-2010, f. & cert. ef. 11-29-10
851-021-0065
Standards for Approval: Facilities
and Services
(1) Educational facilities shall include:
(a) Classrooms, laboratories and conference rooms
adequate in number, size and type according to the number of students and
educational purposes for which the rooms are used;
(b) Offices and conference rooms available and adequate
in number and size to meet faculty needs for individual student counseling and
faculty meetings;
(c) Space provided for secretarial staff, files,
storage and equipment; and
(d) Telephones, computers, equipment and support
adequate in number and capacity to conduct program business.
(2) Educational services and resources shall include:
(a) Adequate secretarial services;
(b) Adequate library services, holdings, and electronic
learning resources;
(c) Adequate student support services such as academic
advising, financial aid advising, and academic bookstore services; and
(d) Adequate technology to support teaching and
learning.
(3) Institutions offering distance nursing education
programs shall provide ongoing and appropriate technical, design, and
production support for faculty members and technical support services for
students.
(4) Selection of practice sites shall be based on
written criteria established by faculty.
(5) There is a written agreement that is in effect
between the authorities responsible for the educational program and the nursing
service or other relevant service of the practice site. The agreement shall
include but not be limited to provisions that:
(a) Ensure that faculty members have authority and
responsibility to select appropriate learning experiences in collaboration with
practice site;
(b) Clearly specify whether or not clinical teaching
associates will be provided by the site, and how they will be selected and
function; and
(c) The practice sites shall be fully approved by the
appropriate accreditation, evaluation or licensing bodies, if such exist.
Stat. Auth.: ORS 678.150 &
678.360
Stats. Implemented: ORS 678.150,
678.340 & 678.360
Hist.: NER 4-1985, f. & ef.
7-10-85; NB 1-1990, f. & cert. ef. 4-2-90; Renumbered from 851-020-0076; NB
4-1996, f. & cert. ef. 9-3-96; BN 1-2001, f. & cert. ef. 2-21-01; BN
3-2008, f. & cert. ef. 6-24-08; BN 17-2010, f. & cert. ef. 11-29-10
851-021-0090
Standards for Out-of-State Student
Clinical Experience in Oregon
(1) Out-of-State Nursing Programs who seek to routinely
send groups of students for clinical experience in Oregon
(a) The program shall petition the Board for approval
to provide clinical experience in Oregon. The petition shall include:
(A) Justification or rationale for use of Oregon
facilities;
(B) Documentation of home board approval including time
frame and any recommendations which are outstanding;
(C) Evidence of accreditation by a regional
accreditation body or national agency recognized by the council on Higher
Education Accreditation (CHEA);
(D) Analysis of potential impact on nursing programs in
areas where clinical placements are planned;
(E) Analysis of current usage of planned clinical sites
in areas where clinical placements are planned;
(F) Anticipated student enrollment and proposed date of
enrollment including the estimated number of students to be placed in Oregon
clinical site(s);
(G) List of all faculty members with academic and
licensure credentials;
(H) Evidence of availability of faculty in areas where
clinical placements are planned;
(I) Evidence that faculty providing direct clinical supervision
meet standards as established in OAR 851-021-0045(2, 6, 7, and 10);
(J) NCLEX pass rate, number of candidates and number
passing for the past two years ending on the most recent September 30.
(K) The Board, after timely review and consideration of
the petition and any supplemental information, shall either grant or deny the
petition to place students in Oregon-based clinical experiences.
(b) The program shall provide an annual report on a
form supplied by the Board to include at least the following information:
(A) Curriculum change that affects the use of Oregon
facilities for clinical experience;
(B) Plans for a significant increase in planned
enrollment that may impact regional practice sites;
(C) Any change in provisions for client/student safety;
(D) List of all faculty members with academic and
licensure credentials;
(E) Any change in approval/ accreditation status during
the annum;
(F) Copy of progress reports (if any) to the home board
during the annum; and
(G) NCLEX pass rate, number of candidates and number of
candidates passing for the year ending September 30.
(c) The OSBN may conduct a complete visit to the
program of nursing to determine its eligibility for approval at any time, or
may accept all or part of the survey and findings on approval from the home
state.
(2) Nursing programs with faculty and facilities
located in Oregon and approved by another state as of April 1, 1998
(a) The program shall meet the reporting requirements
established in OAR 851-021-0025 for Oregon approved nursing programs.
(b) In addition, the program shall:
(A) Report any change in approval/accreditation status
within 30 days of such change;
(B) Report plans for a significant increase in planned
enrollment that may impact regional practice sites including plans for
provision of clinical placement(s) for additional student(s);
(C) Submit a copy of progress reports (if any) to the
home board;
(D) Annually submit the NCLEX pass rate, number of
candidates and number of candidates passing for the year ending September 30;
and
(E) Demonstrate attainment of OSBN standards for
approval through OSBN participation in the regular survey visit conducted by
the home board and/or nursing specialty accreditation organization.
(c) The OSBN may conduct a complete visit to the
program to determine its eligibility for approval at any time, or may accept
all or part of the survey and findings on approval from the home state or
nursing specialty accreditation organization.
(3) Nursing programs that do not regularly send
clinical sections to Oregon sites, and that seek to place an individual student
for precepted experience.
(a) The program shall petition the Board for approval
to provide clinical experience in Oregon. The petition shall include:
(A) Justification or rationale for use of Oregon
facilities including description of clinical sites and experiences and the
provisions that will be used for client/student safety;
(B) Documentation of home board approval including time
frame and any currently outstanding recommendations;
(C) Evidence of accreditation by a regional association
or national agency recognized by the Council on Higher Education Accreditation
(CHEA);
(D) Name and credentials of the contact faculty member;
(E) Name and credentials of a contact person within the
Oregon clinical facility; and
(F) Evidence that faculty providing clinical
supervision meet standards as established in OAR 851-021-0045(2, 6, 7, and 10).
(b) The program shall have a written agreement with the
Oregon clinical facility including but not limited to:
(A) Learning objectives to guide the student
experience;
(B) Provisions for client/student safety;
(C) Faculty member of record with provision for
availability;
(D) Qualifications for selection of preceptor(s);
(E) Provision that the agency may unilaterally nullify
the contract in the event of issues with client safety.
Stat. Auth.: ORS 678.031, 678.150,
678.340, 678.360
Stats. Implemented: ORS 678.031,
678.150, 678.340, 678.360
Hist.: BN 7-1998, f. & cert.
ef. 7-16-98; BN 1-2001, f. & cert. ef. 2-21-01; BN 3-2008, f. & cert.
ef. 6-24-08; BN 17-2010, f. & cert. ef. 11-29-10
Rule
Caption: Modifications made for
establishment of limited license to non-U.S. educated nurses.
Adm.
Order No.: BN 18-2010
Filed with Sec. of
State: 11-29-2010
Certified to be
Effective: 11-29-10
Notice Publication
Date: 10-1-2010
Rules Amended: 851-031-0045, 851-031-0070
Subject: These rules cover standards for licensure of
registered nurses and licensed practical nurses. These rule amendments make
modifications in order to allow for a limited license to be issued to non-U.S.
educated nurses enrolled in Board-approved re-rentry programs for
instructor-supervised clinical experiences within their program prior to
passing NCLEX.
Rules Coordinator: KC Cotton—(971) 673-0638
851-031-0045
Limited License for Certain
Students in Oregon Educational Programs
(1) RNs from other countries who enroll for graduate
study in Oregon.
(a) Required licensure:
(A) When the nature of the graduate program includes no
clinical component or a clinical component which requires no direct patient
care, the international nurse is required to hold either a limited or full
Oregon RN license.
(B) When the nature of the graduate program includes a
clinical component with direct patient care experience (e.g. nurse practitioner
programs) an Oregon RN license is required prior to clinical experience.
(b) Limited License Requirements:
(A) Completed application using forms and instructions
provided by the Board and payment of appropriate fees established by the Board.
(B) Graduation from an educational program that is
equivalent to nursing education in the United States documented by a Board
approved credentials evaluation service.
(C) Demonstration of English language proficiency by
one of the following methods:
(i) Pass an English language proficiency test that
meets the standards as defined in OAR 851-031-0006(3)(f)(D)(ii) (iii) or (iv);
or
(ii) Documentation of holding a Commission on Graduates
of Foreign Nursing Schools (CGFNS) Certificate; or
(iii) Graduation from a school of nursing outside of
the United States in which all classroom instruction was in English; and all
nursing textbooks were in English; and the preponderance of clinical experience
was in English; or
(iv) Documentation of practice as a registered nurse,
in English, in another state in the United States, for at least 960 hours, in
the two years preceding application for licensure.
(D) A passing score on the licensing examination as
defined in OAR 851-031-0005(10) or on the Commission on Graduates of Foreign
Nursing Schools (CGFNS) examination.
(c) Limited licenses issued under this section shall be
valid for a period of two years from the date of issuance. After that period,
the limited license may be extended annually for a one year period upon
application by licensee, payment of the appropriate fee, and demonstration of
continued enrollment in the graduate program.
(d) The limited license issued under this section is to
be used only for study in the graduate program.
(2) RNs from other countries who seek short term
educational experience in Oregon:
(a) Required licensure:
(A) When the nature of the short-term educational
experience includes the practice of nursing, the international nurse is
required to hold a limited RN license.
(B) When the nature of the short-term educational
experience is observation only, the international nurse does not require an
Oregon license. “Observation only” means that the individual is not responsible
for nor a participant in any aspect of nursing practice.
(b) Limited license requirements:
(A) Completed application using forms and instructions
provided by the Board and payment of appropriate fees.
(B) Demonstration of English language proficiency by
one of the following methods:
(i) Pass an English language proficiency test that
meets the standards as defined in OAR 851-031-0006(3)(f)(D)(ii) (iii) or (iv);
or
(ii) Documentation of holding a Commission on Graduates
of Foreign Nursing Schools (CGFNS) Certificate; or
(iii) Graduation from a school of nursing outside of
the United States in which all classroom instruction was in English; and all
nursing textbooks were in English; and the preponderance of clinical experience
was in English; or
(iv) Documentation of practice as a registered nurse,
in English, in another state in the United States, for at least 960 hours, in
the two years preceding application for licensure.
(C) Graduation from an educational program that is
equivalent to nursing education in the United States documented by a Board
approved credentials evaluation service.
(D) A passing score on the licensing examination as
defined in OAR 851-031-0005(10) or on the Commission on Graduates of Foreign
Nursing Schools (CGFNS) examination.
(E) A contract with an organization or agency in Oregon
for a planned learning experience including at least the planned learning
outcomes, dates for the experience, and how the outcomes will be achieved.
(c) Limited licenses issued under this section shall be
valid for practice only within the contracted learning experience, and shall be
issued to the last date of the learning contract up to a maximum of six months.
(3) Students from other countries in established
exchange programs with Oregon schools:
(a) When a nursing student from another country engages
in clinical experience as part of an established exchange program, a limited
license is required.
(b) Limited license requirements:
(A) Completed application using forms and instructions
provided by the Board and payment of appropriate fees established by the Board;
(B) Enrollment in a pre-licensure nursing program in
another country;
(C) Acceptance by an approved Oregon nursing program
for exchange experience; and
(D) Demonstration of English language proficiency by
one of the following methods:
(i) Pass an English language proficiency test that
meets the standards as defined in OAR 851-031-0006(3)(f)(D)(ii) (iii) or (iv);
or
(ii) Documentation of holding a Commission on Graduates
of Foreign Nursing Schools (CGFNS) Certificate; or
(iii) Graduation from a school of nursing outside of
the United States in which all classroom instruction was in English; and all
nursing textbooks were in English; and the preponderance of clinical experience
was in English; or
(iv) Documentation of practice as a registered nurse,
in English, in another state in the United States, for at least 960 hours, in
the two years preceding application for licensure.
(c) Limited licenses issued under this section shall be
valid only for student experience within the exchange program, and shall be
valid for the term of the exchange agreement up to a maximum of one year.
(4) RNs from other countries enrolled in
Oregon-approved re-entry program for internationally-educated nurses
(a) Required licensure:
(A) When the nature of the educational experience
includes the practice of nursing, the international nurse is required to hold
an Oregon issued limited license.
(B) When the nature of the educational experience is
classroom-based, skills/simulation laboratory-based, or observational only, the
international nurse does not require an Oregon issued license.
(b) Limited license requirements:
(A) Completed application using forms and instructions
provided by the Board and payment of applicable fees.
(B) Demonstration of English language proficiency as
stated in OAR 851-031-0006(3)(f)
(C) Graduation from an educational program that is
equivalent to nursing education in the United States documented by a Board
approved credentials evaluation service.
(D) Evidence of current enrollment in a Board approved
re-entry program for internationally-educated nurses.
(c) Limited licenses issued under this section shall be
valid for practice only within the planned curriculum. The limited license
expires on successful completion of the re-entry program, on withdrawal from
the re-entry program, or in one year, whichever comes first. At the discretion
of the Board, an extension of the limited license may be granted upon written
request from the limited license holder or re-entry program director and
submission of a fee.
Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.040,
678.050, 678.101, 678.150 & 678.410
Hist.: BN 11-1999. f. & cert.
ef. 12-1-99; BN 6-2000, f. & cert. ef. 4-24-00; BN 1-2003, f. & cert.
ef. 3-6-03; BN 9-2005, f. & cert. ef. 12-21-05; BN 18-2010, f. & cert.
ef. 11-29-10
851-031-0070
Re-entry into Nursing
(1) An applicant who has worked as a licensed or
credentialed nurse and meets all standards of eligibility established in OAR
851-031-0006(1), (2) & (3) except OAR 851-031-0006(3)(d)(e) must complete
an approved re-entry program or individualized plan and provide evidence of
successful completion of the licensing examination, prior to issuance of a
license to practice. The applicant shall:
(a) Provide documentation of having successfully
completed within the two years preceding issuance of the license:
(A) A Board-approved re-entry program (as specified in
OAR 851-031-0045, OAR 851-031-0080), or
(B) An individualized re-entry plan as specified in OAR
851-031-0070(4).
(b) Satisfactorily complete required supervised
clinical practice as specified in OAR 851-031-0070(2).
(c) Provide documentation of successful completion of
the licensing examination as defined in 851-031-0006(3)(d).
(2) Standards for supervised clinical practice. The
nurse shall obtain a limited license to practice prior to engaging in
supervised clinical practice.
(a) Supervised clinical practice for nursing re-entry
shall be in the student role and unpaid.
(b) A nurse who has less than 960 hours of nursing
practice in the five-year period immediately preceding application for
licensure shall complete a re-entry program or individualized plan that
includes a minimum of 160 hours of supervised clinical practice.
(c) Up to 160 additional hours of supervised clinical
practice may be required when recommended to the Board by the re-entry program
director, nurse preceptor or nurse manager/supervisor. Additional required
supervised clinical practice is subject to the availability of a qualified
preceptor, willingness of the facility to provide the experience, and
availability of the program director to supervise/coordinate the experience.
(3) Standards for the limited license for re-entry.
(a) The limited license may be issued to a nurse who:
(A) Meets all requirements for licensure except for
completion of the re-entry requirement;
(B) Submits verification of enrollment in an approved
re-entry program; or
(C) Received Board approval of an individualized
re-entry plan.
(b) A limited license issued under these rules is to be
used only for completion of an approved re-entry program or individualized
re-entry plan, and required supervised clinical practice for re-entry.
(c) The limited license expires on successful
completion of the re-entry program or individualized plan, on withdrawal from
an approved re-entry program or individualized plan, or in one year, whichever
comes first. At the discretion of the Board, a one-year extension of the
limited license may be granted on written request and submission of a fee.
(d) An applicant who fails to successfully complete the
re-entry program or individualized re-entry plan and required supervised
clinical experience may reapply for licensure, re-entry, and a limited license.
The applicant is required to complete all requirements set forth in OAR
851-031-0070(1), (2).
(4) Standards for individualized re-entry plans. The
nurse choosing to complete an individualized plan for re-entry shall submit, in
writing, the following for Board approval:
(a) Summary of nursing education and practice with
rationale for use of an individualized plan for re-entry into nursing practice;
(b) Anticipated timeframe for completing all required
components, including acquisition/demonstration of current knowledge and
required supervised clinical practice;
(c) Clinical competencies/outcomes to be achieved and
the mechanism for evaluating competence in nursing practice on completion of
the plan;
(d) Plan for obtaining and demonstrating
knowledge/competence in nursing, as identified in OAR 851-031-0080(2)(c);
(e) Plan for obtaining required hours of supervised
clinical practice as specified in OAR 851-031-0070(2). The plan shall identify:
(A) The agency or agencies and contact person(s) where
required supervised clinical experience will be obtained. A signed
contract/agreement with each agency is required. The contract/agreement shall
include but is not limited to:
(i) Learning objectives/outcomes for the re-entry
experience;
(ii) Provisions for client and re-entry nurse safety;
(iii) Unit(s) on which the experience is to occur with
the name of the preceptor on each unit, if applicable;
(iv) A provision allowing the agency to nullify the
contact/agreement in the event of client safety issues.
(B) The name and credentials of the registered nurse
preceptor(s). Each nurse preceptor shall:
(i) Hold a current unencumbered registered nursing
license in Oregon.
(ii) Agree to directly supervise and evaluate the
re-entry nurse;
(iii) Have no less than two years of registered nursing
experience, of which at least six months shall be in the setting in which the
clinical experience is to occur; and
(iv) Be recommended by the nurse executive or immediate
supervisor in that setting.
(f) Documentation of successful completion of the
individualized re-entry plan shall be provided in writing, and shall include:
(A) Completion of program objectives/outcomes;
(B) Completion of required supervised clinical practice
hours;
(C) Achievement of predetermined competencies;
(D) Recommendation for licensure by clinical preceptor
and nurse manager.
Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.113
& 678.150
Hist.: NER 25, f. 9-22-75, ef.
10-10-75; NER 2-1980, f. & ef. 3-3-80; NER 5-1981, f. & ef. 11-24-81;
NER 6, 1983, f. & ef. 12-9-83; NB 5-1987, f. & ef. 7-1-87; NB 1-1994,
f. & cert. ef. 4-1-94; Renumbered from 851-020-0187; NB 12-1997, f. &
cert. ef. 9-29-97; BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. &
cert. ef. 3-6-03; BN 9-2003, f. & cert. ef. 10-2-03; BN 12-2006, f. &
cert. ef. 10-5-06; BN 18-2010, f. & cert. ef. 11-29-10
Rule
Caption: Rules for establishment of “Health
Professional’ Services Program” as required by HB 2345 (Enrolled 2009 Session).
Adm.
Order No.: BN 19-2010
Filed with Sec. of
State: 12-2-2010
Certified to be
Effective: 12-2-10
Notice Publication
Date: 10-1-2010
Rules Adopted: 851-070-0000, 851-070-0005, 851-070-0010, 851-070-0020,
851-070-0030, 851-070-0040, 851-070-0050, 851-070-0060, 851-070-0070,
851-070-0080, 851-070-0090, 851-070-0100
Rules Repealed: 851-046-0000, 851-046-0005, 851-046-0010,
851-046-0020, 851-046-0030, 851-046-0040, 851-070-0000(T), 851-070-0005(T),
851-070-0010(T), 851-070-0020(T), 851-070-0030(T), 851-070-0040(T),
851-070-0050(T), 851-070-0060(T), 851-070-0070(T), 851-070-0080(T),
851-070-0090(T), 851-070-0100(T)
Subject: These rules cover the newly established “Health
Professionals’ Services Program” (HPSP) and are specific to the Oregon State
Board of Nursing. This program is being established by the Addictions &
Mental Health (AMH) Division of the Department of Human Services as required by
House Bill 2345 (Enrolled, 2009 Session). The Nurse Monitoring Program under
the Oregon State Board of Nursing (OAR 851-045) has been eliminated.
Rules Coordinator: KC Cotton—(971) 673-0638
851-070-0000
Purpose, Intent and Scope
The Board believes that licensees who develop substance
use disorders, mental health disorders, or both disorders can, with appropriate
treatment, be assisted with recovery and return to the practice of nursing. It
is the intent of the Board that a licensee with a substance use disorder, a mental
health disorder or both types of disorders may have the opportunity to enter
the Health Professionals’ Services Program (HPSP). Participation in the Health
Professionals’ Services Program does not shield the licensee from disciplinary
action.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0005
Definitions
The following definitions apply to OAR chapter 851,
division 070, except as otherwise stated
in the definition:
(1) “Abstinence” means the avoidance of all
intoxicating substances, including but not limited to prescription or
over-the-counter drugs with a potential for abuse or dependence;
(2) “Assessment or evaluation” means the process an
independent third-party evaluator uses to diagnose the licensee and to
recommend treatment options for the licensee.
(3) “Board” means the Oregon State Board of Nursing.
(4) “Business day” means Monday through Friday, except
legal holidays as defined in ORS 187.010 (or ORS 187.020).
(5) “Diagnosis” means the principal mental health or
substance use diagnosis listed in the DSM. The diagnosis is determined through
the assessment and any examinations, tests or consultations suggested by the
assessment and is the medically appropriate reason for services.
(6) “Division” means the Department of Human Services,
Addictions and Mental Health Division.
(7) “DSM” means the Diagnostic and Statistical Manual
of Mental Disorders, commonly referred to as DSM-IV-TR published by the
American Psychiatric Association.
(8) “Federal regulations” means:
(a) As used in ORS 676.190(1)(f)(D), a “positive
toxicology test result as determined by federal regulations pertaining to drug
testing” means test results meet or exceed the cutoff concentrations shown in
49 CFR § 40.87 (2009) must be reported as substantial non-compliance, but
positive toxicology results for other drugs and for alcohol may also constitute
and may be reported as substantial non-compliance.
(b) As used in ORS 676.190(4)(i), requiring a “licensee
to submit to random drug or alcohol testing in accordance with federal
regulations” means licensees are selected for random testing by a
scientifically valid method, such as a random number table or a computer-based
random number generator that is matched with licensees’ unique identification
numbers or other comparable identifying numbers. Under the selection process
used, each covered licensee shall have an equal chance of being tested each
time selections are made, as described in 40 CFR § 199.105(c)(5) (2009). Random
drug tests must be unannounced and the dates for administering random tests
must be spread reasonably throughout the calendar year, as described in 40 CFR §
199.105(c)(7) (2009).
(9) “Fitness to practice evaluation” means the process
a qualified, independent third-party evaluator uses to determine if the
licensee can safely perform the essential functions of the licensee’s health
practice.
(10) “Final enrollment” means a self-referred licensee
has provided all documentation required by OAR 851-070-0040 and has met all
eligibility requirements to participate in the HPSP.
(11) “Independent third-party evaluator” means an
individual who is approved by a licensee’s Board to evaluate, diagnose, and
offer treatment options for substance use disorders, mental health disorders or
co-occurring disorders.
(12) “Individual service record” means the official
permanent HPSP documentation, written or electronic, for each licensee, which
contains all information required by these rules and maintained by the HPSP to
demonstrate compliance with these rules.
(13) “Licensee” means a licensed practical nurse,
registered nurse, or advanced practice registered nurse who is licensed or
certified by the Oregon State Board of Nursing.
(14) “Mental health disorder” means a clinically
significant behavioral or psychological syndrome or pattern that occurs in an
individual and that is associated with present distress or disability or with a
significantly increased risk of suffering death, pain, disability, or an
important loss of freedom that is identified in the DSM. “Mental health
disorder” includes gambling disorders.
(15) “Monitoring agreement” means an individualized
agreement between a licensee and the vendor that meets the requirements for a
diversion agreement set by ORS 676.190.
(16) “Monitoring Entity” means an independent
third-party that monitors licensees’ HPSP enrollment status and monitoring
agreement compliance.
(17) “Non-treatment compliance monitoring” means the
non-medical, non-therapeutic services employed by the vendor to track and
report the licensee’s compliance with the monitoring agreement.
(18) “Nurse Monitoring Program” (NMP) refers to the
alternative to the Board of Nursing’s discipline program prior to July 1, 2010.
(19) “Self-referred licensee” means a licensee who
seeks to participate in the program without a referral from the board
(20) “Peer” means another licensee currently enrolled
in the program.
(21) “Provisional enrollment” means temporary
enrollment, pending verification that a self-referred licensee meets all HPSP
eligibility criteria.
(22) “Substance use disorder” means a disorder related
to the taking of a drug of abuse (including alcohol); to the side effects of a
medication; and to a toxin exposure, including: substance use disorders
(substance dependence and substance abuse) and substance-induced disorders
(including but not limited to substance intoxication, withdrawal, delirium, and
dementia, as well as substance induced psychotic disorders and mood disorders),
as defined in DSM criteria.
(23) “Substantial non-compliance” means that a licensee
is in violation of the terms of his or her monitoring agreement in a way that
gives rise to concerns about the licensee’s ability or willingness to
participate in the HPSP. Substantial non-compliance and non-compliance include,
but are not limited to, the factors listed in ORS 676.190(1)(f). Conduct that
occurred before a licensee entered into a monitoring agreement does not violate
the terms of that monitoring agreement.
(24) “Successful completion” means that for the period
of service deemed necessary by the vendor or by the licensee’s Board by rule,
the licensee has complied with the licensee’s monitoring agreement to the
satisfaction of the HPSP.
(25) “Toxicology testing” means urine testing or
alternative chemical monitoring including blood, saliva, breath or hair as
conducted by a laboratory certified, accredited or licensed and approved for
toxicology testing.
(26) “Treatment” means the planned, specific,
individualized health and behavioral health procedures, activities, services
and supports that a treatment provider uses to remediate symptoms of a
substance use disorder, mental health disorder or both types of disorders.
(27) “Vendor” means the entity that has contracted with
the Division to conduct the HPSP.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0010
Participation in Health
Professionals’ Services Program
Effective July 1, 2010, the Board shall participate in
the Health Professionals’ Services Program and may refer eligible nurses to the
HPSP in lieu of or in addition to public discipline. Only licensed practical
nurses, registered nurses, and advanced practice registered nurses who meet the
eligibility criteria may be referred by the Board to the Health Professionals’
Services Program.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0020
Eligibility in Health
Professionals Services Program
(1) Licensee must be evaluated by an independent, third-party
evaluator approved by the Board. The evaluation must include a diagnosis of a
substance use disorder, mental health disorder, or both types of disorders with
the appropriate diagnostic code from the DSM, and treatment options.
(2) Licensee must provide a written statement agreeing
to enter the HPSP in lieu of or in addition to discipline and agreeing to abide
by all terms and conditions established by the Board.
(3) Licensee must enter into the “HPSP Monitoring
Agreement.”
(4) Licensees who have successfully graduated from
either the NMP or HPSP programs and who have had a relapse may be permitted a
maximum of one additional admittance into the HPSP.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0030
Procedure for Board Referrals
(1) When a complaint is received involving a licensee
who may have a substance use disorder, a mental disorder, or both types of
disorders, the Board staff will investigate and complete a report to be
presented at a Board meeting.
(2) The Board will review the report and determine if
the licensee meets the eligibility criteria for the HPSP.
(3) If licensee meets eligibility criteria and the
board approves entry into the HPSP, the Board will provide a written referral.
The referral must include:
(a) A copy of the report from the independent,
third-party evaluator who diagnosed the Licensee;
(b) The treatment options developed by the independent
third-party evaluator;
(c) A statement that the Board has investigated the
licensee’s professional practice and conduct, and has determined whether the
licensee’s professional practice, while impaired, presents or has presented a
danger to the public;
(d) A description of any restrictions recommended or
imposed by the Board on the licensee’s professional practice; including those
specific to prescribing and dispensing medications (for licensees with
prescriptive authority).
(e) A written statement from the licensee agreeing to
enter the HPSP in lieu of or in addition to discipline and agreeing to abide by
all terms and conditions established by the vendor; and
(f) A statement that the licensee has agreed to report
any arrest for or conviction of a misdemeanor or felony crime to the board
within three business days after the licensee is arrested or convicted.
(4) A Board-referred licensee is enrolled in the
program effective on the date the licensee signs the consents and the
monitoring agreement required by ORS 676.190.
(5) Upon enrollment into the program, the vendor (or
monitoring entity) will notify the Board and the Board will dismiss without
prejudice the pending complaint at the next Board meeting.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0040
Procedure for Self- Referred
Licensees
(1) Self-referred licensees may participate in the HPSP
as permitted by ORS 676.190(5).
Provisional Enrollment. To be provisionally enrolled in
the program, a self-referred licensee must:
(a) Sign a written consent allowing disclosure and
exchange of information between the vendor, the monitoring entity, the
licensee’s employer, independent third-party evaluators, and treatment
providers, including other health care providers;
(b) Sign a written consent allowing disclosure and
exchange of information between the vendor, the Board, the monitoring entity,
the licensee’s employer, independent third-party evaluators and treatment
providers in the event the vendor determines the licensee to be in substantial
non-compliance with his or her monitoring agreement as defined in OAR
851-070-0090. The purpose of the disclosure is to permit the vendor and the
monitoring entity to notify the Board if the vendor determines the licensee to
be in substantial non-compliance with his or her monitoring agreement;
(c) Attest that the licensee is not, to the best of the
licensee’s knowledge, under investigation by his or her Board; and
(d) Agree to and sign a monitoring agreement.
(2) Upon provisional enrollment, the vendor shall send
to the monitoring entity copies of the signed consents and the monitoring
agreement, described in section one of this rule.
(3) Final Enrollment: To move from provisional
enrollment to final enrollment in the program, a self-referred licensee must:
(a) Obtain at the licensee’s own expense and provide to
the vendor, an independent third-party evaluator’s written evaluation
containing a DSM diagnosis and diagnostic code and treatment recommendations;
(b) Agree to cooperate with the vendor’s investigation
to determine whether the licensee’s practice while impaired presents or has
presented a danger to the public; and
(c) Enter into an amended monitoring agreement, if
required by the vendor.
(4) Once a self-referred licensee seeks enrollment in
the HPSP, failure to complete final enrollment may constitute substantial
non-compliance and may be reported to the Board.
(5) Upon final enrollment of a self-referred licensee,
the vendor shall send to the monitoring entity a copy of the written evaluation
by the independent third-party evaluator and a copy of the amended monitoring
agreement, if any.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0050
Disqualification Criteria
Licensees, either Board-referred or self-referred, may
be disqualified from entering the HPSP for factors including, but not limited
to:
(1) Licensee’s disciplinary history;
(2) Severity and duration of the licensee’s impairment;
(3) Extent to which licensee’s practice can be limited
or managed to eliminate danger to the public;
(4) Likelihood that licensee’s impairment can be
managed with treatment;
(5) Evidence of criminal history that involves injury
or endangerment to others;
(6) A diagnosis requiring treatment because of sexual
offenses or sexual misconduct;
(7) Evidence of non-compliance with a monitoring
program from other state;
(8) Pending investigations with the Board or boards
from other states;
(9) Previous Board investigations with findings of
substantiated abuse or neglect; and
(10) Prior enrollment in, but failure to successfully
complete, either the Nurse Monitoring Program or HPSP.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0060
Approval of Independent
Third-Party Evaluators
(1) To be approved by the Board as an independent
third-party evaluator, an evaluator must:
(a) Be licensed as required by the jurisdiction in
which the evaluator works;
(b) Have a minimum of a Master’s Degree in a mental
health discipline;
(c) Provide evidence of additional education and
experience as shown by one of the following:
(i) Department of Transportation Substance Abuse
Professional qualification;
(ii) Certified Alcohol and Drug Counselor II or III;
(iii) Board Certified in Addiction Medicine by either
ASAM or American Board of Psychiatry and Neurology.
(d) Provide evidence of assessments at the licensure
level of the licensee being evaluated
(e) The Board will not accept an evaluator as
independent in a particular case if, in the Board’s judgment, the evaluator’s
judgment is likely to be influenced by a personal or professional relationship
with a licensee.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0070
Approval of Treatment Providers
(1) To be approved by the Board as a treatment
provider, a provider must be:
(a) Licensed as required by the jurisdiction in which
the provider works;
(b) Able to provide appropriate treatment considering
licensee’s diagnosis, degree of impairment, level of licensure, and treatment
options proposed by the independent third-party evaluator; and
(c) Able to obtain a urinalysis of the licensee at
intake.
(2) The Board will not accept a provider as a treatment
provider in a particular case if, in the Board’s judgment, the provider’s
judgment is likely to be influenced by a personal or professional relationship
with a licensee.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0080
Licensee Responsibilities
(1) All licensees must:
(a) Agree to report any arrest for or conviction of a
misdemeanor or felony crime to the vendor and the Board within three business
days after the licensee is arrested or convicted of the crime; and
(b) Comply continuously with his or her monitoring
agreement, including any restrictions on his or her practice, for at least two
years or longer, as specified by the Board by rule or order;
(c) Abstain from mind-altering or intoxicating
substances or potentially addictive drugs, unless the drug is approved by the
HPSP and prescribed for a documented medical condition by a person authorized
by law to prescribe the drug to the licensee;
(d) Report use of mind-altering or intoxicating
substances or potentially addictive drugs within 24 hours;
(e) Participate in a treatment plan approved by a third
party;
(f) Limit practice as required by the HPSP;
(g) Cooperate with supervised monitoring of practice;
(h) Participate in a follow-up evaluation, when necessary,
of licensee’s fitness to practice;
(i) Submit to random drug or alcohol testing;
(j) Report at least weekly to the HPSP regarding the
licensee’s compliance with the monitoring agreement;
(k) Report at least weekly to the HPSP regarding the
licensee’s compliance with the agreement;
(l) Report any arrest for or conviction of a
misdemeanor or felony crime to the HPSP within three business days after the
licensee is arrested or convicted;
(m) Report applications for licensure in other states,
changes in employment and changes in practice setting;
(n) Agree to be responsible for the cost of
evaluations, toxicology testing and treatment;
(o) Report to the HPSP any investigations or
disciplinary action by any state or state agency, including Oregon;
(p) Participate in required meetings according to the
treatment plan; and
(q) Maintain current license status.
(2) In addition to the requirements listed in section
one of this rule, self-referred licensees must also provide to the HPSP a copy
of a report of the licensee’s criminal history, at least once per calendar
quarter or more often if required by the HPSP.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0090
Completion Requirements
(1) To successfully complete the Health Professionals’
Services Program, licensees with a substance use disorder, or with a mental
health disorder and a substance use disorder, must have worked for at least two
years in a monitored practice. Licensees must complete the required two years
of monitored practice within four years of entering the Health Professionals’
Services Program.
(2) To successfully complete the Health Professionals’
Services Program, licensees with a mental health disorder, but no substance use
disorder, must have worked for at least one year in a monitored practice.
Licensees must complete the required year of monitored practice within two
years of entering the Health Professionals’ Services Program.
(3) The Board may extend by one year the time within
which a licensee must complete the monitored practice if the licensee has
remained compliant with the program.
(4) A licensee who does not complete the required term
of monitored practice will be discharged from the Health Professionals’
Services Program and may be subject to discipline.
(5) The time spent working in a monitored practice
before transferring from the Nurse Monitoring Program to the Health
Professionals’ Services Program effective July 1, 2010, will be counted toward
the required term of monitored practice.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f.
6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
851-070-0100
Substantial Non-Compliance
Criteria
(1) The HPSP or the monitoring entity will report
substantial non-compliance with the diversion agreement within one business day
after the HPSP learns of non-compliance, including but not limited to
information that a licensee:
(a) Engaged in criminal behavior;
(b) Engaged in conduct that caused injury, death or
harm to the public, including engaging in sexual impropriety with a patient;
(c) Was impaired in a health care setting in the course
of the licensee’s employment;
(d) Received a positive toxicology test result as
determined by federal regulations pertaining to drug testing;
(e) Violated a restriction on the licensee’s practice
imposed by the HPSP or the licensee’s Board;
(f) Was admitted to the hospital for mental illness or
adjudged to be mentally incompetent;
(g) Entered into a diversion agreement, but failed to
participate in the HPSP;
(h) Was referred to the HPSP, but failed to enroll in
the HPSP;
(i) Forged, tampered with, or modified a prescription;
(j) Violated any rules of prescriptive/dispensing
authority;
(k) Violated any provisions of OAR 851-070-0080;
(l) Violated any terms of the diversion agreement; or
(m) Failed to complete the monitored practice
requirements as stated in OAR 851-070-0090.
(2) The Board, upon being notified of a licensee’s
substantial non-compliance will investigate and determine the appropriate
sanction, which may include a limitation of licensee’s practice and any other
sanction, up to and including termination from the HPSP and formal discipline.
Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10,
cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |