Chapter 678 — Nurses; Long Term Care Administrators

 

2023 EDITION

 

 

NURSES; LONG TERM CARE ADMINISTRATORS

 

OCCUPATIONS AND PROFESSIONS

 

PROFESSIONAL NURSES

 

(Generally)

 

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; liability when duties delegated

 

678.038     Registered nurse employed in school, education service district or local public health authority

 

678.039     Registered nurse employed or contracted with long term care facility, in-home care agency

 

(Licensing)

 

678.040     Qualifications of applicants for license; rules

 

678.050     Examining applicants; issuing license; license by indorsement; processing license by indorsement application; limited license; rules

 

678.055     Nurse emeritus license; fees; rules

 

678.080     Evidence of licensure

 

678.101     Renewal of license; fee; authority to prescribe

 

(Discipline of Nurses)

 

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; rules

 

678.117     Procedure for imposing civil penalty; amount; rules

 

678.123     Prohibited acts

 

678.126     Confidentiality of information; duty to investigate complaints; immunity

 

678.128     Liability of complainants, witnesses, investigators, counsel and board members in disciplinary proceedings

 

678.135     Duty to report violations

 

678.138     Exception from certain disciplinary actions for provision of reproductive or gender-affirming health care service

 

(State Board)

 

678.140     Oregon State Board of Nursing

 

678.150     Powers, functions and duties of board, officers and executive director; rules; subpoena powers

 

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

 

(Nurse Anesthetists)

 

678.279     Certified registered nurse anesthetist license; prohibition on unlicensed practice, use of title

 

678.282     Prescribing authority of nurse anesthetists; rules

 

678.285     Board regulation of nurse anesthetists; rules

 

(Nursing Education Programs)

 

678.340     Requirements for institutions desiring to establish nursing education programs

 

678.360     Survey to evaluate institutions; reporting; withdrawal of approval

 

(Circulating Nurses)

 

678.362     Circulating nurses; duties

 

(Registered Nurse First Assistants)

 

678.366     Registered nurse first assistants; rules

 

(Clinical Nurse Specialists)

 

678.370     Clinical nurse specialists; licenses

 

678.372     Rules for clinical nurse specialists

 

(Nurse Practitioners)

 

678.375     Nurse practitioners; licenses; prohibitions; authority to sign reports of death; authority to prescribe

 

678.380     Rules for nurse practitioners; scope

 

(Prescriptive Authority)

 

678.390     Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs; requirements; revocation; rules

 

(Nurse Interns)

 

678.392     Nurse intern license; rules

 

678.394     Academic credit as nurse intern; participation in nurse internship licensure program

 

678.396     Nurse intern scope of practice; prohibited acts

 

678.398     Supervision of nurse intern; rules

 

678.400     Disciplinary action for failure to maintain good academic standing

 

(Fees)

 

678.410     Fees; how determined

 

678.415     Additional fee for examination, license by indorsement, license renewal fees

 

(Miscellaneous)

 

678.417     Oregon Nursing Advancement Fund; rules

 

678.420     Declaration of nursing workforce and faculty shortage

 

678.425     Advisory organizations

 

678.427     Oregon State Board of Nursing support for nonprofit wellness organization

 

(Nursing Assistants)

 

678.440     Nursing assistants; training; effect of employing untrained assistant; civil penalties

 

678.442     Certification of nursing assistants; rules

 

678.444     Standards for training programs for nursing assistants

 

678.445     Administration of noninjectable medication by nursing assistant; rules

 

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”

 

LICENSED NURSING HOME ADMINISTRATORS; RESIDENTIAL CARE FACILITY ADMINISTRATORS

 

(Generally)

 

678.710     Definitions for ORS 678.710 to 678.820

 

678.720     Prohibited acts relating to administration of nursing homes; rules

 

678.725     Reporting unlawful or unsatisfactory nursing home conditions and prohibited conduct; limitation of liability

 

(Licensing)

 

678.730     Licensing qualifications of nursing home administrator; rules

 

678.733     Residential care facility administrator license; fee

 

678.740     Examination for nursing home administrator license; fee

 

678.743     Residential care facility administrator examination; fees; rules

 

678.746     Rules

 

678.750     Applicability of licensing requirements to administrators of organizations that rely on spiritual care and treatment

 

678.770     Licensing reciprocity; rules

 

(Discipline)

 

678.780     Grounds for discipline of nursing home administrator

 

678.790     Procedure; review of orders

 

678.793     Licensure type of board member in disciplinary action

 

(Board)

 

678.800     Long Term Care Administrators Board

 

678.810     Board meetings; officers

 

678.820     Duties and powers of board and Health Licensing Office; rules

 

PENALTIES

 

678.990     Penalties

 

PROFESSIONAL NURSES

 

(Generally)

 

      678.010 Definitions for ORS 678.010 to 678.410. As used in ORS 678.010 to 678.410:

      (1) “Certified registered nurse anesthetist” means a registered nurse who has been licensed by the Oregon State Board of Nursing as a certified registered nurse anesthetist.

      (2) “Clinical nurse specialist” means a licensed registered nurse who has been licensed by the board as qualified to practice the expanded clinical specialty nursing role.

      (3) “Diagnosing” in the context of the practice of nursing means identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing care.

      (4) “Human responses” means signs, symptoms and processes that denote the person’s interaction with an actual or potential health problem.

      (5) “Long term care facility” means a licensed skilled nursing facility or intermediate care facility as those terms are used in ORS 442.015, an adult foster home as defined in ORS 443.705 that has residents over 60 years of age, or a residential care facility, including an assisted living facility, as defined in ORS 443.400.

      (6) “Nurse intern” means a person who holds a nurse internship license issued under ORS 678.392.

      (7) “Nurse practitioner” means a registered nurse who has been licensed by the board as qualified to practice in an expanded specialty role within the practice of nursing.

      (8) “Physician” means a person licensed to practice under ORS chapter 677.

      (9)(a) “Practice of nursing” means autonomous and collaborative care of persons of all ages, families, groups and communities, sick and well, and in all settings to promote health and safety, including prevention and treatment of illness and management of changes throughout a person’s life.

      (b) “Practice of nursing” includes:

      (A) Executing medical orders prescribed by a physician, dentist, clinical nurse specialist, nurse practitioner, certified registered nurse anesthetist or other licensed health care provider licensed or certified by this state and authorized by the board by rule to issue orders for medical treatment, or as otherwise described in ORS 678.010 to 678.410;

      (B) Providing supervision of nursing assistants and nurse interns; and

      (C) The performance of additional services that:

      (i) Require education and training; and

      (ii) Are recognized by the board by rule and the nursing profession as services to be properly performed by a nurse licensed under ORS 678.010 to 678.410.

      (c) “Practice of nursing” does not include the execution of medical orders described in this subsection by a member of the immediate family for another member or by a person designated by or on behalf of a person requiring care as provided by board rule if the person executing the order is not licensed under ORS 678.010 to 678.410.

      (10) “Practice of practical nursing” means the application of knowledge drawn from basic education in the social and physical sciences in planning and giving nursing care and in assisting persons toward achieving of health and well-being.

      (11) “Practice of registered nursing” means the application of knowledge drawn from broad in-depth education in the social and physical sciences in assessing, planning, ordering, giving, delegating, teaching and supervising care that promotes the person’s optimum health and independence.

      (12) “Treating” means selection and performance of therapeutic measures essential to the effective execution and management of the nursing care and execution of the prescribed medical orders. [Amended by 1957 c.316 §2; 1973 c.584 §1; 1975 c.205 §1; 1975 c.659 §1; 1995 c.763 §3; 1997 c.204 §1; 1999 c.498 §4; 2001 c.465 §1; 2017 c.132 §1; 2019 c.358 §21; 2021 c.189 §1; 2022 c.38 §7; 2023 c.275 §3; 2023 c.346 §3]

 

      678.015 [1957 c.316 §6; repealed by 1973 c.584 §24]

 

      678.020 [Amended by 1953 c.254 §16; repealed by 1957 c.316 §3 (678.021 enacted in lieu of 678.020)]

 

      678.021 License required to practice nursing. Except as provided in ORS 676.347, it is unlawful for any person to practice nursing or offer to practice nursing in this state or to use any title or abbreviation, sign, card or device to indicate the person is practicing either practical or registered nursing unless the person is licensed under ORS 678.010 to 678.410 at the level for which the indication of practice is made and the license is valid and in effect. [1957 c.316 §4 (enacted in lieu of 678.020); 1973 c.584 §2; 2003 c.14 §431; 2022 c.62 §4]

 

      678.023 Use of title “nurse.” An individual may not use the title “nurse” unless the individual:

      (1) Has earned a nursing degree or a nursing certificate from a nursing education program that is:

      (a) Approved by the Oregon State Board of Nursing; or

      (b) Accredited or approved by another state or United States territory as described under ORS 678.040 and approved by the board; and

      (2) Is licensed by a health professional regulatory board as defined in ORS 676.160 to practice the particular health care profession in which the individual’s nursing degree or nursing certificate was earned. [2015 c.345 §6; 2019 c.358 §22; 2021 c.97 §78]

 

      678.025 Use of title “Advanced Practice Registered Nurse.” An individual may not use the title “Advanced Practice Registered Nurse” or the abbreviation “APRN” unless the individual is:

      (1) A clinical nurse specialist;

      (2) A nurse practitioner; or

      (3) A certified registered nurse anesthetist. [2015 c.452 §2; 2023 c.346 §4]

 

      678.030 [Repealed by 1957 c.316 §7 (678.031 enacted in lieu of 678.030)]

 

      678.031 Application of ORS 678.010 to 678.410. ORS 678.010 to 678.410 do not apply to:

      (1) The employment of nurses in institutions or agencies of the federal government.

      (2) The practice of nursing incidental to the planned program of study for students enrolled in nursing education programs approved by the Oregon State Board of Nursing or accredited or approved by another state or United States territory as described under ORS 678.040 and approved by the board.

      (3) Nursing practiced outside this state that is incidental to a distance learning program provided by an institution of higher education located in Oregon.

      (4) The furnishing of nursing assistance in an emergency.

      (5) The practice of any other occupation or profession licensed under the laws of this state.

      (6) Care of the sick with or without compensation when performed in connection with the practice of the religious tenets of a well-recognized church or denomination that relies exclusively on treatment by prayer and spiritual means by adherents thereof so long as the adherent does not engage in the practice of nursing as defined in ORS 678.010 to 678.410 and 678.990 or hold oneself out as a registered nurse or a licensed practical nurse.

      (7) Nonresident nurses licensed and in good standing in another state if nonresident nurses are practicing in this state on a single, temporary assignment of not to exceed 90 days, renewable for not to exceed 90 days, for assignments that are for the general public benefit limited to the following:

      (a) Transport teams;

      (b) Red Cross Blood Services personnel;

      (c) Presentation of educational programs;

      (d) Disaster teams;

      (e) Staffing in a hospital that is responding to a temporary staffing shortage and would be otherwise unable to meet the hospital’s staffing requirements;

      (f) Staffing a long term care facility that is responding to a temporary staffing shortage and would be otherwise unable to meet its staffing requirements;

      (g) Providing health care for students who attend school outside of Oregon and who are participating in a school-sponsored event; or

      (h) Staffing any of the following entities that is responding to a temporary staffing shortage and would otherwise be unable to meet its staffing requirements:

      (A) An adult or juvenile residential behavioral health treatment facility;

      (B) An opioid treatment program;

      (C) A withdrawal management program;

      (D) A sobering center;

      (E) A primary care facility; or

      (F) A behavioral health home, as defined in ORS 414.025. [1957 c.316 §8 (enacted in lieu of 678.030); 1973 c.584 §3; 1981 c.369 §1; 1997 c.110 §1; 2001 c.465 §2; 2001 c.568 §1; 2013 c.207 §§1,2; 2017 c.247 §§1,2; 2019 c.358 §§23,24; 2022 c.38 §12; 2023 c.276 §1]

 

      678.034 Hospitals to notify board of nurses employed to meet temporary staffing shortage. (1)(a) A hospital, long term care facility or entity described in ORS 678.031 (7)(h) that employs nurses under ORS 678.031 (7)(e), (f) or (h) shall:

      (A) Notify the Oregon State Board of Nursing in writing of the number of nurses employed under ORS 678.031 (7)(e), (f) or (h), the times of employment and the nature of the staffing shortage;

      (B) Certify that there is no labor dispute affecting nurses at the hospital, long term care facility or entity described in ORS 678.031 (7)(h); and

      (C) At the request of the board, provide documentation that the nurses employed under ORS 678.031 (7)(e), (f) or (h) are licensed and in good standing in another state or United States territory.

      (b) A hospital, long term care facility or entity described in ORS 678.031 (7)(h) that employs nurses as described in paragraph (a) of this subsection shall provide notice in writing of and certify to the nurses’ exclusive bargaining representative, if any, the information described in paragraph (a) of this subsection.

      (2) Nurses employed in this state under ORS 678.031 (7)(e), (f) or (h), at the time of employment, shall apply for an Oregon license by indorsement or, if the nurse was previously licensed in this state, for reactivation of the nurse’s Oregon license. [1981 c.369 §1a; 2001 c.465 §3; 2001 c.568 §2; 2022 c.38 §13; 2023 c.276 §2]

 

      678.035 [1975 c.659 §4; 1977 c.309 §3; repealed by 1981 c.369 §16]

 

      678.036 Liability of nurse supervising nursing assistants; liability when duties delegated. (1) A nurse who is responsible for supervising nursing assistants shall not be considered to be supervising a nursing assistant who administers medication while the nurse is absent from the facility at which the administration occurs unless the nursing assistant is acting pursuant to specific instructions from the nurse or the nurse fails to leave instructions when the nurse should have done so.

      (2) A nurse who is responsible for supervising nursing assistants shall not be subject to an action for civil damages for the failure of a nursing assistant who administers medication to notify the nurse of any patient reaction to the medication perceived by the assistant.

      (3) A nurse who delegates the provision of nursing care to another person pursuant to ORS 678.150 shall not be subject to an action for civil damages for the performance of a person to whom nursing care is delegated unless the person is acting pursuant to specific instructions from the nurse or the nurse fails to leave instructions when the nurse should have done so. [1981 c.431 §2; 1987 c.369 §3; 2021 c.189 §2]

 

      678.038 Registered nurse employed in school, education service district or local public health authority. A registered nurse who is employed by a public or private school, or by an education service district or a local public health authority as defined in ORS 431.003 to provide nursing services at a public or private school, may accept an order from a physician licensed to practice medicine in another state or territory of the United States if the order is related to the care or treatment of a student who has been enrolled at the school for not more than 90 days. [2015 c.112 §2; 2016 c.26 §6; 2017 c.409 §26]

 

      678.039 Registered nurse employed or contracted with long term care facility, in-home care agency. A registered nurse who is employed by or contracted with a long term care facility or an in-home care agency, as defined in ORS 443.305, may execute a medical order from a physician licensed to practice medicine in another state or territory of the United States if:

      (1) The order is related to the care or treatment of an individual who is a client, patient or resident of the long term care facility or in-home care agency that employs or contracts the registered nurse; and

      (2) The individual described in subsection (1) of this section has been a client, patient or resident of the long term care facility or in-home care agency for not more than 90 days. [2023 c.275 §2]

 

(Licensing)

 

      678.040 Qualifications of applicants for license; rules. An applicant for a license under ORS 678.010 to 678.448 shall provide to the Oregon State Board of Nursing satisfactory evidence that the applicant’s physical and mental health is such that it is safe for the applicant to practice, and that:

      (1) The applicant has graduated:

      (a) From a registered nurse or licensed practical nurse nursing education program approved by the Oregon State Board of Nursing;

      (b) From a nursing program in the United States that included in its curriculum a clinical component, as defined by the board by rule, and:

      (A) Is accredited or approved by the licensing board for nurses in a particular state or United States territory and approved by the Oregon State Board of Nursing; or

      (B) If the licensing board is not the accrediting or approval agency in that state or United States territory, is accredited or approved by the appropriate agency for that state or United States territory and approved by the Oregon State Board of Nursing;

      (c) In another country and has an education equivalent to that provided by accredited or approved programs in this country; or

      (d) From a military training program that the board specifies by rule to be qualified as a nursing education program for a licensed practical nurse; or

      (2) If the applicant is an applicant for licensure by indorsement, the applicant:

      (a) Is currently or has been licensed as a licensed practical nurse in another state or territory of the United States based upon recognition of the applicant’s military education; or

      (b) Has graduated from a registered nurse or licensed practical nurse nursing education program that included in its curriculum a clinical component, as defined by the board by rule. [Amended by 1953 c.254 §16; 1957 c.316 §9; 1973 c.584 §4; 1981 c.369 §2; 2019 c.257 §1; 2019 c.358 §25a; 2021 c.131 §1]

 

      678.045 [Formerly 678.250; repealed by 1981 c.369 §16]

 

      678.050 Examining applicants; issuing license; license by indorsement; processing license by indorsement application; limited license; rules. (1) Examinations for the licensing of applicants under ORS 678.010 to 678.448 must be held at least once a year. An applicant must pass an examination in subjects relating to nursing at the practical or registered level as the Oregon State Board of Nursing may determine necessary to protect the public health and welfare.

      (2) The board shall issue to all duly qualified applicants who pass the examination and meet other standards established by the board the license provided for in ORS 678.010 to 678.448 according to the nature of the license for which application is made and examination taken and passed. The board shall provide evidence of current licensure. The board shall determine by rule the form and manner of the evidence of current licensure.

      (3)(a) The board may issue a license by indorsement to an applicant qualified as provided in ORS 678.040 who has passed the examination used by the board and who meets other standards established by the board. The board may also require evidence of competency to practice nursing at the level for which application is made.

      (b) Except as provided in ORS 676.308, the board shall process in order applications for licensure by indorsement of qualified applicants.

      (c) Paragraph (b) of this subsection does not prohibit the board from processing requests to employ nurses to meet temporary staffing shortages, as described in ORS 678.031 or 678.034, in facilities in this state not involved in labor disputes.

      (4) Subject to terms and conditions that the board may impose, the board may issue a limited license to practice registered or practical nursing:

      (a) To an applicant whose license has become void for nonpayment of fees at either level and who otherwise meets the requirements of the board. The board may, in issuing a limited license, require the applicant to demonstrate ability to give safe nursing care by undergoing a supervised experience in nursing practice designated by the board, or by satisfactorily completing a continuing education program approved by the board. The license issued under this paragraph expires on the date set in the license by the board. Upon the applicant’s satisfactory completion of the board’s requirements, and payment of the renewal fee and delinquency fee, the board shall issue to the applicant a license to practice nursing.

      (b) To an applicant who has not practiced nursing in any state for a period of five years, but has maintained a current license by the payment of fees. The applicant may not practice nursing in Oregon unless the applicant applies to the board for a limited license and the board issues the limited license to the applicant. The board may, in issuing a limited license, require the applicant to demonstrate ability to give safe nursing care by undergoing a supervised experience in nursing practice designated by the board, or by satisfactorily completing a continuing education program approved or designated by the board. The board may not issue a license if, in the judgment of the board, the applicant’s conduct has been such, during absence from practice, that the applicant would be denied a license if applying for an initial license to practice nursing in this state.

      (c) To a licensee who has been placed on probation or has been otherwise subjected to disciplinary action by the board.

      (d) To any of the following persons if the person is affiliated with a planned program of study in Oregon consistent with the standards and requirements established by the board:

      (A) A foreign nurse;

      (B) A foreign student nurse; or

      (C) A nurse licensed in another jurisdiction.

      (e) During an emergency declared by the Governor pursuant to ORS 401.165, to a nurse licensed in another jurisdiction. The board shall adopt rules to establish criteria for issuance of a license under this paragraph.

      (5) The board may adopt by rule requirements and procedures for placing a license or certificate in inactive status.

      (6)(a) Retired status may be granted to a person licensed as a registered nurse, licensed practical nurse, nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist and who surrenders the person’s license while in good standing with the issuing authority if the person is not subject to any pending disciplinary investigation or action. The board may adopt by rule requirements, procedures and fees for placing a license in retired status.

      (b) A person granted retired status by the board under the provisions of paragraph (a) of this subsection:

      (A) Shall pay a fee in an amount to be determined by the board for retired status.

      (B) May not practice nursing or offer to practice nursing in this state.

      (C) May use the title or abbreviation with the retired license only if the designation “retired” appears after the title or abbreviation. [Amended by 1953 c.254 §16; 1957 c.316 §10; 1969 c.71 §1; 1973 c.584 §5; 1975 c.205 §2; 1981 c.369 §3; 1983 c.221 §1; 1989 c.673 §1; 1999 c.420 §1; 2001 c.275 §1; 2005 c.380 §1; 2009 c.37 §1; 2017 c.128 §1; 2019 c.358 §26; 2022 c.38 §14; 2023 c.276 §3]

 

      678.055 Nurse emeritus license; fees; rules. (1) The Oregon State Board of Nursing may issue a nurse emeritus license to an applicant who:

      (a) Is a certified registered nurse anesthetist, clinical nurse specialist, licensed practical nurse, nurse practitioner or registered nurse;

      (b) Has been granted retired status by the board as described in ORS 678.050; and

      (c) Pays the license fee as established by rule of the board.

      (2) Notwithstanding ORS 678.050 (6), a nurse emeritus may engage in the practice of nursing, practical nursing or registered nursing on a volunteer or other noncompensatory basis.

      (3) The board shall adopt rules to establish:

      (a) The annual license fee for the nurse emeritus license described in subsection (1) of this section; and

      (b) The method to determine the competency required to practice nursing, practical nursing or registered nursing as a nurse emeritus. [2015 c.353 §2]

 

      Note: 678.055 was added to and made a part of 678.010 to 678.410 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      678.060 [Amended by 1953 c.254 §16; repealed by 1957 c.316 §11 (678.061 enacted in lieu of 678.060)]

 

      678.061 [1957 c.316 §12 (enacted in lieu of 678.060); 1963 c.50 §2; 1969 c.71 §2; repealed by 1973 c.584 §24]

 

      678.070 [Repealed by 1953 c.254 §16]

 

      678.080 Evidence of licensure. A person to whom a license is issued under ORS 678.010 to 678.448, whenever requested to do so in relation to employment as a registered or practical nurse or nurse intern or in relation to enforcement of ORS 678.010 to 678.448, shall provide evidence of current licensure. [Amended by 1953 c.254 §16; 1957 c.316 §13; 1973 c.584 §6; 1981 c.369 §4; 2009 c.37 §2; 2022 c.38 §8]

 

      678.085 [1953 c.254 §14; 1957 c.316 §14; repealed by 1973 c.584 §24]

 

      678.090 [Repealed by 1953 c.254 §16]

 

      678.100 [Amended by 1953 c.254 §16; repealed by 1957 c.316 §15 (678.101 enacted in lieu of 678.100)]

 

      678.101 Renewal of license; fee; authority to prescribe. (1) A person licensed to practice nursing shall apply to the Oregon State Board of Nursing for renewal of the license, other than a limited license, in every second year before 11:59 p.m. on the anniversary of the birthdate of the person in the odd-numbered year for persons whose birth occurred in an odd-numbered year and in the even-numbered year for persons whose birth occurred in an even-numbered year. Persons whose birthdate anniversary falls on February 29 shall be treated as if the anniversary were March 1.

      (2) Each application must be accompanied by a nonrefundable renewal fee payable to the board.

      (3) The board may not renew the license of a person licensed to practice nursing unless:

      (a) The requirements of subsections (1) and (2) of this section are met; and

      (b) Prior to payment of the renewal fee described in subsection (2) of this section the person completes, or provides documentation of completion within the previous 36 months, of:

      (A) A one-hour pain management education program approved by the board and developed based on recommendations of the Pain Management Commission; or

      (B) An equivalent pain management education program, as determined by the board.

      (4) The license of any person not renewed for failure to comply with subsections (1) to (3) of this section is expired and the person shall be considered delinquent and is subject to any delinquent fee established under ORS 678.410.

      (5) A registered nurse who has been issued a license as a nurse practitioner, clinical nurse specialist or certified registered nurse anesthetist shall apply as specified by the board by rule for renewal of the license and for renewal of the authority to prescribe in every second year before 11:59 p.m. on the anniversary of the birthdate, as determined for the person’s license to practice nursing. [1957 c.316 §16 (enacted in lieu of 678.100); 1965 c.158 §1; 1969 c.71 §3; 1973 c.584 §7; 1975 c.205 §3; 1981 c.369 §5; 1987 c.79 §5; 1999 c.420 §2; 2001 c.987 §15; 2017 c.131 §1; 2019 c.358 §27; 2021 c.50 §7; 2021 c.189 §3]

 

      678.110 [Repealed by 1957 c.316 §17 (678.111 enacted in lieu of 678.110)]

 

(Discipline of Nurses)

 

      678.111 Causes for denial, revocation or suspension of license or probation, reprimand or censure of licensee. In the manner prescribed in ORS chapter 183 for a contested case, and except as provided in ORS 678.138:

      (1) The Oregon State Board of Nursing may refuse to issue a license to practice nursing by examination or indorsement or a nurse internship license or may revoke or suspend a license, issue a limited license, censure or reprimand or place on probation, subject to any conditions imposed by the board, a person issued a license, for any of the following causes:

      (a) Conviction of the licensee of crime where the crime bears demonstrable relationship to the practice of nursing. A copy of the record of the conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.

      (b) Gross incompetence or gross negligence of the licensee in the practice of nursing at the level for which the licensee is licensed.

      (c) Any willful fraud or misrepresentation in applying for or procuring a license or renewal of a license.

      (d) Fraud or deceit of the licensee in the practice of nursing or in admission to the practice of nursing.

      (e) Impairment as defined in ORS 676.303.

      (f) Conduct derogatory to the standards of nursing.

      (g) Violation of any provision of ORS 678.010 to 678.448 or rules adopted under ORS 678.010 to 678.448.

      (h) Revocation or suspension of a license to practice nursing by any state or territory of the United States, or any foreign jurisdiction authorized to issue nursing credentials whether or not that license or credential was relied upon in issuing that license in this state. A certified copy of the order of revocation or suspension shall be conclusive evidence of the revocation or suspension.

      (i) Physical condition that makes the licensee unable to conduct safely the practice for which the licensee is licensed.

      (j) Violation of any condition imposed by the board when issuing a limited license.

      (2) A license may be denied, suspended or revoked for the reasons stated in subsection (1) of this section.

      (3) A license in inactive status may be denied, suspended or revoked for the reasons stated in subsection (1) of this section.

      (4) A license in retired status may be denied, suspended or revoked for any cause stated in subsection (1) of this section. [1957 c.316 §18 (enacted in lieu of 678.110); 1973 c.584 §11; 1975 c.205 §4; 1979 c.744 §51; 1981 c.369 §7; 1983 c.221 §2; 1985 c.23 §7; 2001 c.275 §2; 2009 c.756 §31; 2019 c.358 §28; 2022 c.38 §9; 2023 c.228 §36]

 

      678.112 Impaired health professional program. Persons licensed to practice nursing who elect not to participate in the impaired health professional program established under ORS 676.190 or who fail to comply with the terms of participation shall be reported to the Oregon State Board of Nursing for formal disciplinary action under ORS 678.111. [1991 c.193 §2; 2007 c.335 §1; 2009 c.697 §7; 2009 c.756 §§32,94]

 

      678.113 When evaluation of mental or physical condition, demonstration of competency or evidence of continuing education may be required; rules. (1) During the course of an investigation into the performance or conduct of an applicant, certificate holder or licensee, the Oregon State Board of Nursing may order mental health, physical condition or chemical dependency evaluations of the applicant, certificate holder or licensee upon reasonable belief that the applicant, certificate holder or licensee is unable to practice nursing with reasonable skill and safety to patients.

      (2) When the board has reasonable cause to believe that an applicant, certificate holder or licensee is or may be unable to practice nursing with reasonable skill and safety to patients, the board may order a competency examination of the applicant, certificate holder or licensee for the purpose of determining the fitness of the applicant, certificate holder or licensee to practice nursing with reasonable skill and safety to patients.

      (3) A licensee or certificate holder by practicing nursing, or an applicant by applying to practice nursing in Oregon, gives consent to submit to mental health, physical condition or chemical dependency evaluations when ordered by the board and waives any objection on the grounds of privileged communication to the admissibility of information derived from evaluations ordered by the board.

      (4) By rule, the board may require evidence of continuing education in a nursing education program approved by the board as a prerequisite for renewal of registered or practical nursing licenses, or both, or may require continuing education for persons whose license has lapsed for nonpayment of fees, who have not practiced nursing for five years, or who have their licenses suspended or revoked as a condition to relicensure. [1973 c.584 §9; 1975 c.205 §5; 1995 c.79 §341; 1999 c.375 §1; 2019 c.358 §29]

 

      678.115 [1957 c.316 §20 (enacted in lieu of 678.120); 1971 c.734 §121; repealed by 1973 c.584 §24]

 

      678.117 Procedure for imposing civil penalty; amount; rules. (1) The Oregon State Board of Nursing shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for any violation of ORS 678.010 to 678.448 or any rule of the board. No civil penalty shall exceed $5,000.

      (2) In imposing a penalty pursuant to this section, the board shall consider the following factors:

      (a) The past history of the person incurring the penalty in observing the provisions of ORS 678.010 to 678.448 and the rules adopted pursuant thereto.

      (b) The economic and financial conditions of the person incurring the penalty.

      (3) Any penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board considers proper and consistent with the public health and safety.

      (4) Civil penalties under this section shall be imposed as provided in ORS 183.745.

      (5) All penalties recovered under this section shall be credited to the special account described in ORS 678.170. [1973 c.584 §22; 1981 c.369 §8; 1985 c.23 §3; 1991 c.734 §72; 1999 c.375 §2]

 

      678.120 [Repealed by 1957 c.316 §19 (678.115 enacted in lieu of 678.120)]

 

      678.121 [1957 c.316 §22; repealed by 1971 c.734 §21]

 

      678.123 Prohibited acts. It shall be unlawful for any person:

      (1) To sell or fraudulently obtain or furnish any diploma or license or record thereof for any person not graduated from a nursing education program described under ORS 678.040 or is not licensed under ORS 678.010 to 678.410 or to sell or fraudulently obtain or furnish any certificate to a person not certified as a nursing assistant.

      (2) To practice nursing under authority of a diploma or license or record thereof illegally or fraudulently obtained or issued unlawfully.

      (3) To employ unlicensed persons to practice practical or registered nursing. [1973 c.584 §10; 1989 c.800 §4; 2019 c.358 §30]

 

      678.125 [1957 c.316 §24; repealed by 1973 c.584 §24]

 

      678.126 Confidentiality of information; duty to investigate complaints; immunity. (1) Any information that the Oregon State Board of Nursing obtains pursuant to ORS 678.021, 678.111, 678.113, 678.123, 678.135 or 678.442 is confidential as provided under ORS 676.175.

      (2) Upon receipt of a complaint under ORS 678.010 to 678.410 or 678.442, the Oregon State Board of Nursing shall conduct an investigation as described under ORS 676.165.

      (3) Any person, facility, licensee or association that reports or provides information to the board under ORS 678.021, 678.111, 678.113, 678.123, 678.135 or 678.442 in good faith shall not be subject to an action for civil damages as a result thereof. [1981 c.369 §14; 1985 c.23 §6; 1997 c.791 §22]

 

      678.128 Liability of complainants, witnesses, investigators, counsel and board members in disciplinary proceedings. (1) Members of the Oregon State Board of Nursing, members of its administrative and investigative staff and its attorneys acting as prosecutors or counsel shall have the same privileges and immunities from civil and criminal proceedings arising by reason of official actions as prosecuting and judicial officers of the state.

      (2) No person who has made a complaint as to the conduct of a licensee of the board or who has given information or testimony relative to a proposed or pending proceeding for misconduct against the licensee of the board, shall be answerable for any such act in any proceeding except for perjury. [1981 c.369 §13]

 

      678.130 [Amended by 1953 c.254 §16; 1957 c.316 §25; 1963 c.50 §3; repealed by 1969 c.71 §9]

 

      678.135 Duty to report violations. (1) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any health care facility licensed as required by ORS 441.015, or any person licensed by the Oregon State Board of Nursing, shall report to the board any suspected violation of ORS 678.010 to 678.410 or any rule adopted by the board.

      (2) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, the Oregon Nurses Association or any other organization representing registered or licensed practical nurses shall report to the board any suspected violation of ORS 678.010 to 678.410 or any rule adopted by the board.

      (3) Any person may report to the board any suspected violation of ORS 678.010 to 678.410 or any rule adopted by the board, association or other organization representing registered or licensed practical nurses.

      (4) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a person licensed by the board who has reasonable cause to believe that a licensee of another board has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150. [1985 c.23 §5; 2009 c.536 §14]

 

      678.138 Exception from certain disciplinary actions for provision of reproductive or gender-affirming health care service. The Oregon State Board of Nursing may not suspend or revoke a person’s license or refuse to grant a license to a person, because of a conviction or disciplinary action by another state resulting solely from the person’s provision of a reproductive or gender-affirming health care service that is otherwise lawful in this state but unlawful in the jurisdiction in which the person provided the service, so long as the service provided was performed in accordance with the standard of care applicable to the service. [2023 c.228 §35]

 

(State Board)

 

      678.140 Oregon State Board of Nursing. (1) There is created an Oregon State Board of Nursing composed of nine members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board:

      (a) Five must be registered nurses;

      (b) One must be a licensed practical nurse;

      (c) One must be a certified nursing assistant; and

      (d) Two must be members of the public who are otherwise not eligible for appointment to the board.

      (2)(a) Board members required to be nurse members may be selected by the Governor from a list of three to five nominees for each vacancy, submitted two months before the expiration of the term of office of a nurse member by:

      (A) The Oregon Nurses Association or any other professional organization representing registered nurses, if the vacancy is in a registered nurse position;

      (B) The Oregon Licensed Practical Nurses Association or any other professional organization representing licensed practical nurses, if the vacancy is in a licensed practical nurse position; or

      (C) A professional organization representing certified nursing assistants, if the vacancy is in a certified nursing assistant position.

      (b) Each nurse or certified nursing assistant member must:

      (A) Be currently licensed and not under disciplinary status with the board in the category for which the member is appointed; and

      (B) Have at least five years’ experience in the category in which the member is appointed, three of which were immediately prior to appointment.

      (c) The public members and any person who is a spouse, domestic partner, child, parent or sibling of a public member may not be licensed by the board.

      (d) In making appointments of registered nurses, the Governor shall ensure that the following areas of practice are represented on the board:

      (A) One nursing educator;

      (B) One nursing administrator;

      (C) Two nonsupervisory nurses involved in direct patient care; and

      (D) One nurse practitioner.

      (e) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to:

      (A) Geographic areas of this state;

      (B) Ethnic group; and

      (C) For the members who are nurses or a certified nursing assistant, the setting in which the member practices nursing or provides care, with priority given to members who practice or provide care in facilities or other locations that are licensed by the Department of Human Services or the Oregon Health Authority.

      (3)(a) The members of the board shall be appointed by the Governor for terms of three years, beginning on January 1. A member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. A member is eligible for reappointment. An unexpired term of a board member shall be filled in the same manner as an original appointment is made. The appointment shall be for the remainder of the unexpired term.

      (b) A board member shall be removed immediately from the board if, during the member’s term, the member:

      (A) Is not a resident of this state;

      (B) Has been absent from three consecutive board meetings, unless at least one absence is excused; or

      (C) Is not a registered nurse or licensed practical nurse or a retired registered nurse or licensed practical nurse who was a registered nurse in good standing or licensed practical nurse in good standing at the time of retirement, if the board member was appointed to serve on the board as a nurse member.

      (4) Members of the board are entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. [Amended by 1953 c.254 §16; 1957 c.316 §26; 1971 c.650 §27; 1973 c.584 §12; 1973 c.792 §34; 1981 c.206 §1; 1983 c.113 §1; 1995 c.79 §342; 1997 c.141 §1; 2009 c.535 §9; 2023 c.412 §1]

 

      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 to 678.448. 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 to 678.448. 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 to 678.448.

      (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 to 678.448 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 or of psychotherapist-patient privilege under ORS 40.230 is not grounds for quashing the subpoena or for refusing to produce the material that is subject to the subpoena.

      (h) Enforce the provisions of ORS 678.010 to 678.448, 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)(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 to 678.448 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, 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 to 678.448. [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]

 

      678.153 Interagency agreement to share results of nationwide criminal records check. The Department of Human Services, the Oregon Health Authority and the Oregon State Board of Nursing shall enter into an interagency agreement to share the results of nationwide criminal records checks conducted under ORS 181A.195 on subject individuals who are subject to criminal records checks by the department, the authority and the board. [2005 c.730 §67; 2009 c.595 §1058]

 

      Note: 678.153 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.155 Restrictions on certain standards prescribed by board. (1) In carrying out its duties under ORS 678.150 (5), (6) and (7), the Oregon State Board of Nursing shall not make changes in entry level nursing education or licensure requirements unless such changes are enacted by the Legislative Assembly.

      (2) In carrying out its duties under ORS 678.150 (6)(i), the Oregon State Board of Nursing shall not prescribe any standard that would substantially alter the practices followed prior to July 1, 1979, in long term care facilities relating to the administration of noninjectable medication by nursing assistants, except for the training requirements in ORS 678.440. [1979 c.770 §17; 1985 c.208 §2; 1985 c.565 §92a; 1987 c.158 §141; 2009 c.535 §11]

 

      Note: 678.155 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.157 [1979 c.771 §4; 1985 c.565 §92b; 2009 c.535 §12; repealed by 2017 c.129 §2]

 

      678.158 Continuing authority of board upon lapse, suspension, revocation or voluntary surrender of license or certificate. The lapse, suspension or revocation of a license or certificate by the operation of law or by order of the Oregon State Board of Nursing or by the decision of a court of law, or the voluntary surrender of a license by a licensee or of a certificate by a certificate holder, shall not deprive the board of jurisdiction to proceed with any investigation of or any action or disciplinary proceeding against the licensee or certificate holder or to revise or render null and void an order of disciplinary action against the licensee or certificate holder. [2001 c.275 §6]

 

      Note: 678.158 was added to and made a part of 678.010 to 678.448 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      678.160 [Amended by 1953 c.254 §16; 1957 c.316 §31; 1967 c.559 §2; 1969 c.314 §79; repealed by 1973 c.584 §24]

 

      678.162 [1953 c.254 §9; repealed by 1973 c.584 §24]

 

      678.164 Enjoining violations or threatened violations. (1) Upon suit by the Oregon State Board of Nursing for which no bond shall be required, the circuit courts have jurisdiction to restrain or enjoin any violation or threatened violation of ORS 678.010 to 678.410. Such suit may be brought against a person who practices nursing without a current license or who practices registered nursing when licensed as a practical nurse or who has failed to become licensed or whose license has been suspended, revoked or declared void.

      (2) The remedies provided for in this section are in addition to, and not in lieu of, criminal penalties provided for in ORS 678.990. [1953 c.254 §11; 1957 c.316 §32; 1973 c.584 §15]

 

      678.166 [1953 c.254 §10; repealed by 1973 c.584 §24]

 

      678.168 [1953 c.254 §12; 1973 c.584 §16; 1981 c.369 §11; 1991 c.460 §7; repealed by 2011 c.597 §118]

 

      678.170 Disposition of receipts. (1) All money received by the Oregon State Board of Nursing under ORS 678.010 to 678.448 shall be paid into the General Fund in the State Treasury and placed to the credit of the Oregon State Board of Nursing Account. Such moneys are appropriated continuously and shall be used only for the administration and enforcement of ORS 676.850, 676.860 and 678.010 to 678.448.

      (2) The board shall keep a record of all moneys deposited in the Oregon State Board of Nursing Account. This record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

      (3) The board may maintain a petty cash fund in compliance with ORS 293.180 in the amount of $1,000. [Amended by 1973 c.584 §16a; 1981 c.101 §1; 2013 c.240 §9; 2017 c.511 §8]

 

      678.210 [Amended by 1959 c.49 §1; repealed by 1973 c.584 §24]

 

      678.220 [Repealed by 1973 c.584 §24]

 

      678.230 [Repealed by 1973 c.584 §24]

 

      678.235 [1959 c.49 §3; 1967 c.559 §3; repealed by 1973 c.584 §24]

 

      678.237 [1967 c.559 §5; repealed by 1973 c.584 §24]

 

      678.240 [Amended by 1959 c.49 §5; repealed by 1973 c.584 §24]

 

      678.245 [1997 c.575 §1; 2013 c.406 §1; 2017 c.409 §27; repealed by 2023 c.346 §8]

 

      678.250 [Amended by 1973 c.584 §17; renumbered 678.045]

 

      678.255 [1997 c.575 §2; repealed by 2023 c.346 §8]

 

      678.260 [Repealed by 1973 c.584 §24]

 

      678.265 [1997 c.575 §3; repealed by 2023 c.346 §8]

 

      678.270 [Repealed by 1973 c.584 §24]

 

      678.275 [1997 c.575 §4; repealed by 2023 c.346 §8]

 

      678.278 [2013 c.406 §3; repealed by 2023 c.346 §8]

 

(Nurse Anesthetists)

 

      678.279 Certified registered nurse anesthetist license; prohibition on unlicensed practice, use of title. (1) The Oregon State Board of Nursing shall issue a license to practice as a certified registered nurse anesthetist to a licensed registered nurse who applies to the board and meets the requirements adopted by the board by rule under ORS 678.285.

      (2) Unless a person is licensed under subsection (1) of this section, a person may not:

      (a) Practice as a certified registered nurse anesthetist;

      (b) Use the title “certified registered nurse anesthetist” or any initials, abbreviation or other name indicating the person is a certified registered nurse anesthetist; or

      (c) Otherwise hold oneself out as a certified registered nurse anesthetist.

      (3)(a) A certified registered nurse anesthetist may not use the title “anesthesiologist.”

      (b) As used in this subsection, “anesthesiologist” means a physician who has completed a residency program in anesthesiology that meets or exceeds the standards adopted by the Oregon Medical Board. [2023 c.346 §2]

 

      678.280 [Amended by 1969 c.71 §4; repealed by 1973 c.584 §24]

 

      678.282 Prescribing authority of nurse anesthetists; rules. (1)(a) Subject to paragraph (b) of this subsection, the Oregon State Board of Nursing may authorize a certified registered nurse anesthetist to prescribe prescription drugs, including prescriptions for controlled substances listed in Schedules II, III, III N, IV and V.

      (b) A certified registered nurse anesthetist may prescribe prescription drugs under paragraph (a) of this subsection only for an individual for whom the certified registered nurse anesthetist has, at the time of the prescription, established a client or patient record.

      (2) For the purpose of authorizing certified registered nurse anesthetists to prescribe prescription drugs, the board shall adopt rules establishing:

      (a) That the scope of practice of a certified registered nurse anesthetist includes the authority to prescribe prescription drugs.

      (b) Educational requirements for certified registered nurse anesthetists applying for the authority to prescribe prescription drugs. Educational requirements adopted under this subsection must include:

      (A) At least 45 contact hours in pharmacology; and

      (B) Clinical education in pharmacotherapeutics, including management of patients that is congruent with the specialty role sought.

      (c) The form and manner of applying for and renewing the authority to prescribe prescription drugs.

      (d) Application and renewal fees.

      (e) Record keeping requirements for certified registered nurse anesthetists who prescribe prescription drugs that are the same as the record keeping requirements for pharmacies licensed under ORS chapter 689.

      (3) In accordance with ORS chapter 183, the board may deny, suspend or revoke the authority to prescribe prescription drugs under this section if the board finds that a certified registered nurse anesthetist has abused the authority. [2013 c.297 §2; 2019 c.129 §1]

 

      Note: Section 7, chapter 346, Oregon Laws 2023, provides:

      Sec. 7. ORS 678.282 and 678.285 and section 3, chapter 297, Oregon Laws 2013, are added to and made a part of ORS 678.010 to 678.410. [2023 c.346 §7]

 

      Note: Section 3, chapter 297, Oregon Laws 2013, provides:

      Sec. 3. Nothing in ORS 678.282 affects the authority of a certified registered nurse anesthetist to select, order and administer controlled substances in connection with the delivery of anesthesia services. A certified registered nurse anesthetist may obtain and renew licensure with the Oregon State Board of Nursing without prescriptive authority. [2013 c.297 §3; 2019 c.358 §46; 2023 c.346 §5]

 

      678.285 Board regulation of nurse anesthetists; rules. The Oregon State Board of Nursing shall adopt rules necessary to establish:

      (1) The scope of practice of a certified registered nurse anesthetist that include, but are not limited to, the authority to prescribe prescription drugs if the certified registered nurse anesthetist is authorized under ORS 678.282;

      (2) Procedures for licensing a certified registered nurse anesthetist under ORS 678.279;

      (3) Educational and competency requirements required for licensure; and

      (4) Procedures for the maintenance of licensure as a certified registered nurse anesthetist, including but not limited to fees necessary for original or renewal licensure. [1997 c.575 §5; 2019 c.358 §32; 2023 c.346 §6]

 

      678.290 [Amended by 1957 c.293 §2; 1959 c.49 §6; 1969 c.71 §5; repealed by 1973 c.584 §24]

 

      678.300 [Repealed by 1973 c.584 §24]

 

      678.310 [Amended by 1971 c.734 §122; repealed by 1973 c.584 §24]

 

      678.320 [Repealed by 1971 c.734 §21]

 

      678.325 [1985 c.208 §1; repealed by 1993 c.18 §147]

 

      678.330 [Amended by 1959 c.49 §7; 1967 c.559 §6; 1969 c.314 §80; repealed by 1973 c.584 §24]

 

      678.335 [1967 c.559 §8; repealed by 1973 c.584 §24]

 

(Nursing Education Programs)

 

      678.340 Requirements for institutions desiring to establish nursing education programs. (1) Any institution desiring to establish a nursing education program leading to licensing or a continuing education program that may be recognized or required by the Oregon State Board of Nursing to supplement such program shall apply to the board and submit satisfactory evidence that it is prepared to meet the curricula and standards prescribed by the board.

      (2) In considering applications under subsection (1) of this section the board shall review:

      (a) Statewide needs for nursing education programs or supplementary programs; and

      (b) The financial and clinical resources of the institution making application and the ability of the institution to retain qualified faculty.

      (3) An institution or program may not represent itself as qualified or approved to prepare nurses for licensing unless the institution is approved by the board. [Amended by 1973 c.584 §18; 2019 c.358 §33]

 

      678.350 [Repealed by 1973 c.584 §24]

 

      678.360 Survey to evaluate institutions; reporting; withdrawal of approval. (1) As determined necessary by the Oregon State Board of Nursing, the board shall survey the institutions approved to provide nursing education programs.

      (2) An institution shall submit to the board a written report that includes an evaluation of physical facilities, clinical resources, courses of study and qualifications of instructors.

      (3) If the board determines an institution does not meet requirements for approved programs, the board shall issue to the institution written notice that specifies the defect and the time within which the institution must correct the defect.

      (4) The board shall withdraw approval from an institution that fails to correct the defect specified under subsection (3) of this section within the period of time prescribed in the notice. The institution may request and if requested shall be granted a hearing before the board in the manner required for contested cases under ORS chapter 183. [Amended by 1973 c.584 §19; 2019 c.358 §34]

 

(Circulating Nurses)

 

      678.362 Circulating nurses; duties. (1) As used in this section:

      (a) “Circulating nurse” means a registered nurse who is responsible for coordinating the nursing care and safety needs of the patient in the operating room and who also meets the needs of operating room team members during surgery.

      (b) “Ambulatory surgical center” has the meaning given that term in ORS 442.015.

      (2)(a) The duties of a circulating nurse performed in an operating room of an ambulatory surgical center or a hospital shall be performed by a registered nurse licensed under ORS 678.010 to 678.410.

      (b) In any case requiring general anesthesia, a circulating nurse shall be assigned to, and present in, an operating room for the duration of the surgical procedure unless it becomes necessary for the circulating nurse to leave the operating room as part of the surgical procedure. While assigned to a surgical procedure, a circulating nurse may not be assigned to any other patient or procedure.

      (c) Nothing in this section precludes a circulating nurse from being relieved during a surgical procedure by another circulating nurse assigned to continue the surgical procedure.

      (3) At the request of an ambulatory surgical center or a hospital, the Oregon Health Authority may grant a variance from the requirements of this section based on patient care needs or the nursing practices of the surgical center or hospital. [2005 c.665 §3; 2009 c.595 §1059; 2019 c.231 §1]

 

      Note: 678.362 was added to and made a part of 678.010 to 678.448 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

(Registered Nurse First Assistants)

 

      678.366 Registered nurse first assistants; rules. The Oregon State Board of Nursing shall adopt rules establishing procedures for the recognition of registered nurses who become registered nurse first assistants by receiving additional certification through nationally recognized professional organizations. [2005 c.628 §5]

 

(Clinical Nurse Specialists)

 

      678.370 Clinical nurse specialists; licenses. (1) The Oregon State Board of Nursing shall issue a license to act as a clinical nurse specialist to any nurse who meets the requirements established by the board pursuant to ORS 678.372.

      (2) A person may not act as a clinical nurse specialist, use the name, title, designation, initial or abbreviation of clinical nurse specialist or otherwise hold oneself out as a clinical nurse specialist unless the person is licensed as a clinical nurse specialist pursuant to subsection (1) of this section.

      (3) A licensed clinical nurse specialist is authorized to prescribe drugs for the use of and administration to other persons if approval has been given under ORS 678.390. The authority to prescribe and dispense prescription drugs shall be included within the scope of practice of licensed clinical nurse specialists as defined by rules of the board. [1999 c.498 §2; 2005 c.462 §4; 2008 c.4 §1; 2019 c.358 §35]

 

      678.372 Rules for clinical nurse specialists. The Oregon State Board of Nursing shall adopt rules to implement ORS 678.370, including but not limited to rules establishing:

      (1) Procedures and requirements for initial issuance and continuation of licensure to act as a clinical nurse specialist, including but not limited to educational requirements;

      (2) The scope of practice of clinical nurse specialists, including the authority to prescribe and dispense prescription drugs after approval of an application to do so by the board;

      (3) Educational requirements for clinical nurse specialists applying for prescriptive authority that include but are not limited to:

      (a) At least 45 contact hours in pharmacology; and

      (b) Clinical education in patient management, including pharmacotherapeutics, that is comparable to the requirements for completion of a nurse practitioner program;

      (4) The amount of any fees necessary for initial issuance and renewal of licensure, initial application for prescriptive authority and renewal of application for prescriptive authority; and

      (5) Other rules necessary to carry out the provisions of ORS 678.370. [1999 c.498 §3; 2005 c.462 §5; 2019 c.358 §36]

 

(Nurse Practitioners)

 

      678.375 Nurse practitioners; licenses; prohibitions; authority to sign reports of death; authority to prescribe. (1) The Oregon State Board of Nursing is authorized to issue licenses to licensed registered nurses to practice as nurse practitioners if they meet the requirements of the board pursuant to ORS 678.380.

      (2) A person may not practice as a nurse practitioner or hold oneself out to the public or to an employer, or use the initials, name, title, designation or abbreviation as a nurse practitioner until and unless the person is licensed by the board.

      (3) A registered nurse licensed as a nurse practitioner is authorized to complete and sign reports of death. Reports of death signed by a nurse practitioner fulfill the requirements of the laws dealing with reports of death. A nurse practitioner who completes a report of death shall comply with ORS 432.133.

      (4) A registered nurse licensed as a nurse practitioner is authorized to prescribe drugs for the use of and administration to other persons if approval has been given under ORS 678.390. The drugs that the nurse practitioner is authorized to prescribe must be included within the nurse practitioner’s scope of practice as defined by rules of the board.

      (5) A licensed pharmacist may fill and a licensed pharmacist or an employee of the licensed pharmacist may dispense medications prescribed by a nurse practitioner in accordance with the terms of the prescription. The filling of a prescription described in this subsection does not constitute evidence of negligence on the part of the pharmacist if the prescription was dispensed within the reasonable and prudent practice of pharmacy.

      (6) As used in this section:

      (a) “Drug” means:

      (A) Articles recognized as drugs in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, other drug compendium or any supplement to any of them;

      (B) Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings;

      (C) Articles other than food that are intended to affect the structure or any function of the body of human beings; and

      (D) Articles intended for use as a component of any articles specified in subparagraph (A), (B) or (C) of this paragraph.

      (b) “Prescribe” means to direct, order or designate the preparation, use of or manner of using by spoken or written words or other means. [1975 c.205 §8; 1979 c.785 §1; 1993 c.469 §9; 1993 c.571 §28; 2001 c.357 §1; 2001 c.623 §5; 2008 c.4 §2; 2013 c.366 §77; 2019 c.358 §37; 2021 c.189 §5]

 

      678.380 Rules for nurse practitioners; scope. The Oregon State Board of Nursing may adopt rules regarding nurse practitioners that:

      (1) Establish the education, training and qualifications necessary for licensure.

      (2) Limit or restrict practice.

      (3) Establish categories and define the scope of nurse practitioner practice.

      (4) Establish procedures for maintaining licensure, including continuing education and procedures for the reinstatement of licenses rendered void by reason of nonpayment of fees. [1975 c.205 §9; 2019 c.358 §38]

 

      678.385 [1979 c.785 §16; 1987 c.79 §1; 1989 c.1006 §4; 1991 c.295 §1; 1993 c.742 §4; 1999 c.536 §1; 2005 c.462 §7; repealed by 2008 c.4 §5]

 

(Prescriptive Authority)

 

      678.390 Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs; requirements; revocation; rules. (1) The Oregon State Board of Nursing may authorize a nurse practitioner or clinical nurse specialist to write prescriptions, including prescriptions for controlled substances listed in schedules II through V.

      (2) A nurse practitioner or clinical nurse specialist may submit an application to the Oregon State Board of Nursing to dispense prescription drugs.

      (3) An application for the authority to dispense prescription drugs under this section must include any information required by the Oregon State Board of Nursing by rule.

      (4) Prescription drugs dispensed by a nurse practitioner or clinical nurse specialist must be personally dispensed by the nurse practitioner or clinical nurse specialist, except that nonjudgmental dispensing functions may be delegated to staff assistants when:

      (a) The accuracy and completeness of the prescription is verified by the nurse practitioner or clinical nurse specialist; and

      (b) The prescription drug is labeled with the name of the patient to whom it is being dispensed.

      (5) The Oregon State Board of Nursing shall adopt rules requiring:

      (a) Prescription drugs dispensed by nurse practitioners and clinical nurse specialists to be either prepackaged by a manufacturer registered with the State Board of Pharmacy or repackaged by a pharmacist licensed by the State Board of Pharmacy under ORS chapter 689;

      (b) Labeling requirements for prescription drugs dispensed by nurse practitioners and clinical nurse specialists that are the same as labeling requirements required of pharmacies licensed under ORS chapter 689;

      (c) Record keeping requirements for prescriptions and prescription drug dispensing by a nurse practitioner and a clinical nurse specialist that are the same as the record keeping requirements required of pharmacies licensed under ORS chapter 689;

      (d) A dispensing nurse practitioner and a dispensing clinical nurse specialist to have available at the dispensing site a hard copy or electronic version of prescription drug reference works commonly used by professionals authorized to dispense prescription medications; and

      (e) A dispensing nurse practitioner and a dispensing clinical nurse specialist to allow representatives of the State Board of Pharmacy, upon receipt of a complaint, to inspect a dispensing site after prior notice to the Oregon State Board of Nursing.

      (6) The Oregon State Board of Nursing has sole disciplinary authority regarding nurse practitioners and clinical nurse specialists who have prescription drug dispensing authority.

      (7) The authority to write prescriptions or dispense prescription drugs may be denied, suspended or revoked by the Oregon State Board of Nursing upon proof that the authority has been abused. The procedure shall be a contested case under ORS chapter 183. Disciplinary action under this subsection is grounds for discipline of the nurse practitioner or clinical nurse specialist in the same manner as a licensee may be disciplined under ORS 678.111. [1979 c.785 §17; 1981 c.693 §29; 1983 c.486 §58; 1985 c.747 §53; 1987 c.79 §2; 1993 c.742 §5; 2003 c.617 §1; 2005 c.462 §6; 2005 c.471 §13; 2008 c.4 §3; 2009 c.456 §1; 2013 c.402 §1; 2017 c.130 §1; 2019 c.358 §39; 2021 c.189 §6; 2023 c.275 §4]

 

(Nurse Interns)

 

      678.392 Nurse intern license; rules. (1) The Oregon State Board of Nursing shall issue a nurse internship license to an applicant who:

      (a) Is a student who is enrolled in and has successfully completed at least one academic term of a nursing education program that:

      (A) Is approved by the board or accredited or approved by another state or United States territory as described under ORS 678.040 and approved by the board; and

      (B) Includes a clinical component;

      (b) Submits documentation from the applicant’s nursing education program that, to the satisfaction of the board, specifies the nursing tasks and functions that the applicant is qualified to perform;

      (c) Meets any other requirements established by the board by rule; and

      (d) Pays a licensure fee.

      (2) The board may adopt by rule the duration for which a nurse internship license is valid and any requirements and fees for license renewal. [2022 c.38 §2]

 

      678.394 Academic credit as nurse intern; participation in nurse internship licensure program. (1) A nurse intern may receive academic credit in addition to monetary compensation for work as a nurse intern.

      (2) The Oregon State Board of Nursing shall allow for and encourage participation by individuals practicing as certified nursing assistants, licensed professional nurses or medical assistants in the nurse internship licensure program, both while an individual described in this subsection is a student in a nursing education program and while the individual is employed or otherwise working at a hospital or other facility. [2022 c.38 §3]

 

      678.395 [1995 c.627 §3; repealed by 1996 c.21 §1]

 

      678.396 Nurse intern scope of practice; prohibited acts. (1) A nurse intern may:

      (a) Perform specific nursing functions within the limits of the nurse intern’s nursing education program;

      (b) Practice nursing only under the direct supervision of a registered nurse who has agreed to act as the nurse intern’s supervisor under ORS 678.398;

      (c) Gather information about and administer care to patients; and

      (d) Participate in all aspects of the nursing care process under the supervision required and limitations imposed by this section.

      (2) A nurse intern may not:

      (a) Assume ongoing responsibility for assessments, planning, implementation or evaluation of guidance of the nurse intern’s supervisor;

      (b) Function independently, act in a supervisory role or delegate tasks to licensed practical nurses, nursing assistants or unlicensed persons;

      (c) Administer chemotherapy, blood or blood products, intravenous medications or controlled substances;

      (d) Carry out procedures on central lines; or

      (e) Perform any other task or function that is not included in the documentation described in ORS 678.392 (1)(b). [2022 c.38 §4]

 

      678.398 Supervision of nurse intern; rules. (1) A registered nurse who is responsible for the supervision of a nurse intern:

      (a) Is accountable at all times for the safety and well-being of patients to whom the nurse intern provides care;

      (b) Shall maintain an awareness of the nursing tasks and functions performed by the nurse intern;

      (c) Shall be immediately available to the nurse intern through methods determined by the Oregon State Board of Nursing; and

      (d) Shall have knowledge of the tasks and functions that the nurse intern may perform as detailed on the documentation described in ORS 678.392 (1)(b).

      (2) The board may adopt rules to carry out this section. [2022 c.38 §5]

 

      678.400 Disciplinary action for failure to maintain good academic standing. In addition to the grounds listed in ORS 678.111, the Oregon State Board of Nursing may revoke or suspend a nurse internship license issued under ORS 678.392 if the nurse intern is not in good academic standing, as determined by the board. [2022 c.38 §6]

 

(Fees)

 

      678.410 Fees; how determined. (1) The Oregon State Board of Nursing may establish and collect fees necessary to carry out the provisions of ORS 678.010 to 678.448.

      (2) Fees are nonrefundable.

      (3)(a) The board shall obtain approval from the Oregon Department of Administrative Services prior to establishing fees under this section.

      (b) A fee established and collected under this section may not exceed the cost of administering a regulatory program for which the fee is established and collected, as authorized by the Legislative Assembly within the Oregon State Board of Nursing budget, subject to modification by the Emergency Board.

      (c) If federal or other funds are available to offset costs of administering the program, fees shall be established based on net costs to the state but may not exceed $75 per biennium for a nursing assistant certification. [1969 c.71 §7; 1973 c.584 §20; 1975 c.205 §6; 1983 c.221 §4; 1987 c.79 §3; 1989 c.800 §5; 1991 c.193 §3; 1991 c.536 §2; 1991 c.703 §24; 1999 c.420 §3; 1999 c.498 §5; 2001 c.275 §4; 2005 c.380 §3; 2005 c.462 §10; 2007 c.532 §1; 2009 c.697 §8; 2019 c.358 §40; 2023 c.602 §21]

 

      678.415 Additional fee for examination, license by indorsement, license renewal fees. (1) The Oregon State Board of Nursing shall impose an additional $9 fee for each examination fee, each license by indorsement fee and each license renewal fee charged under ORS 678.410 for a registered nurse or a licensed practical nurse for the purposes specified in subsection (2) of this section.

      (2) The additional fees imposed on examination fees, license by indorsement fees and license renewals by subsection (1) of this section shall be credited to the Oregon Nursing Advancement Fund established by ORS 678.417. [2015 c.660 §1; 2016 c.113 §1]

 

      Note: 678.415 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Miscellaneous)

 

      678.417 Oregon Nursing Advancement Fund; rules. (1) The Oregon Nursing Advancement Fund is established separate and distinct from the General Fund. Interest earned by the Oregon Nursing Advancement Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon State Board of Nursing to be used as specified in subsection (2) of this section.

      (2) The principal amount accrued in the fund shall be remitted quarterly on dates established by rule of the Oregon State Board of Nursing to an Oregon nonprofit organization, exempt from taxation under section 501 (c)(3) of the Internal Revenue Code, that:

      (a) Works to advance the profession of nursing in this state through research, leadership development, educational support and advocacy for nursing;

      (b) Conducts research studies on the nursing workforce in this state, including projected supply and demand of nurses and workforce shortages in nursing education and practice;

      (c) Distributes information free of charge about the nursing workforce in this state to residents of this state; and

      (d) Convenes nursing organizations to address issues and recommendations identified through nursing workforce research. [2015 c.660 §2; 2016 c.113 §2]

 

      Note: 678.417 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.420 Declaration of nursing workforce and faculty shortage. There is declared a nursing workforce and nursing faculty shortage in Oregon. The declaration of the nursing workforce shortage shall remain in effect until the Governor suspends the declaration by executive action. [2007 c.789 §1]

 

      Note: 678.420 and 678.425 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      678.425 Advisory organizations. The Oregon Center for Nursing and the Oregon Healthcare Workforce Institute may serve in advisory capacities to the State Workforce and Talent Development Board, the Higher Education Coordinating Commission and other related entities. The Oregon Center for Nursing may advise on education and workforce development issues affecting nursing. The Oregon Healthcare Workforce Institute may advise on education and workforce development issues affecting doctors, dentists and other allied health professionals. The Oregon Center for Nursing and the Oregon Healthcare Workforce Institute may work together to develop comprehensive solutions to the healthcare workforce shortages in Oregon. [2007 c.789 §2; 2011 c.637 §283; 2017 c.185 §43; 2017 c.297 §28]

 

      Note: See note under 678.420.

 

      678.427 Oregon State Board of Nursing support for nonprofit wellness organization. The Oregon State Board of Nursing shall support an Oregon nonprofit organization, exempt from taxation under section 501(c)(3) of the Internal Revenue Code, that promotes the well-being of Oregon health professionals through education, coordinated regional counseling, telemedicine services and research, in order to allow nurses authorized to practice in Oregon to receive the benefit of the services offered by the nonprofit organization. [2022 c.38 §15]

 

      Note: 678.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Nursing Assistants)

 

      678.440 Nursing assistants; training; effect of employing untrained assistant; civil penalties. (1) As used in this section and ORS 678.442, 678.444, 678.445, 678.447 and 678.448, “nursing assistant” means an individual who assists licensed nursing personnel in the provision of nursing care.

      (2) It is the intent of the Legislative Assembly to require that nursing assistants be adequately trained.

      (3) The Oregon State Board of Nursing shall prepare curricula and standards for training programs for nursing assistants. The curricula and standards must provide for additional training for nursing assistants to have the authority to administer noninjectable medications.

      (4) The Department of Human Services may impose civil penalties or revoke the license of any long term care facility that employs an untrained nursing assistant for a period of more than eight weeks without providing for the training prescribed by the board. Any license that is revoked shall be revoked as provided in ORS 441.030.

      (5) The Oregon Health Authority may impose civil penalties or revoke the license of a health care facility that employs any untrained nursing assistant for a period of more than eight weeks without providing for the training prescribed by the board. Any license that is revoked shall be revoked as provided in ORS 441.030. [1977 c.309 §1; 2009 c.595 §1060; 2015 c.346 §1; 2015 c.347 §1]

 

      678.442 Certification of nursing assistants; rules. (1) The Oregon State Board of Nursing shall establish standards for certifying and may certify as a nursing assistant any person who:

      (a) Submits an application;

      (b)(A) Shows completion of an approved training program for nursing assistants; or

      (B) Has military training or experience that the board determines is substantially equivalent to the training required by subparagraph (A) of this paragraph; and

      (c) Passes a board approved examination.

      (2) In the manner prescribed in ORS chapter 183, the board may revoke, suspend or deny a certificate issued under this section, reprimand a nursing assistant or place a nursing assistant on probation for a period of time and subject to any conditions specified by the board for the following reasons:

      (a) Conviction of the certificate holder of a crime if the crime bears demonstrable relationship to the duties of a nursing assistant. A copy of the record of the conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.

      (b) Any willful fraud or misrepresentation in applying for or procuring a certificate or renewal of a certificate.

      (c) Impairment as defined in ORS 676.303.

      (d) Violation of any provisions of ORS 678.010 to 678.448 or rules adopted under ORS 678.010 to 678.448.

      (e) Physical condition that makes the certificate holder unable to perform safely the duties of a nursing assistant.

      (f) Conduct unbecoming a nursing assistant in the performance of duties.

      (3) The board shall establish by rule a procedure for the biennial renewal of nursing assistant certificates. The certificate renewal procedure must be substantially like the procedure established for the licensing of nurses under ORS 678.101.

      (4) Notwithstanding ORS 192.345, the board may use the results of a nursing assistant examination for the continuing education of applicants for certification as a nursing assistant.

      (5) During an emergency declared by the Governor pursuant to ORS 401.165 and subject to terms and conditions that the board may impose, the board may issue a limited certificate to a nursing assistant authorized in another jurisdiction. The board shall adopt rules to establish criteria for issuance of a limited certificate under this subsection. [1989 c.800 §3; 1991 c.536 §1; 2009 c.756 §36; 2011 c.156 §1; 2012 c.43 §8; 2023 c.276 §4; 2023 c.294 §1]

 

      678.444 Standards for training programs for nursing assistants. The Oregon State Board of Nursing shall establish standards for training programs for nursing assistants. Upon application therefor, the board shall review and approve programs that meet board standards. The board by means of a contested case proceeding under ORS chapter 183 may revoke approval of any training program that ceases to meet board standards. [1989 c.800 §2]

 

      678.445 Administration of noninjectable medication by nursing assistant; rules. (1) It is the intent of the Legislative Assembly that the Oregon State Board of Nursing adopt by rule, subject to ORS 678.155, standards that allow a nursing assistant in a long term care facility to administer noninjectable medication under the direct supervision of or as delegated by a registered nurse.

      (2) If a nurse employed by the long term care facility questions the efficacy, need or safety of continuation of medications dispensed by that nurse or by another employee of the facility to a patient, the nurse shall report that question to the physician or nurse practitioner who ordered or authorized the medication and shall seek further instructions concerning the continuation of the medication. [1979 c.770 §18; 2017 c.129 §1]

 

      678.447 Use of titles “medication aide,” “Certified Medication Aide” or “CMA.” (1) An individual may not use the title “medication aide” or “Certified Medication Aide” or the abbreviation “CMA” unless the individual:

      (a) Is a nursing assistant;

      (b) Has successfully completed training prescribed by the Oregon State Board of Nursing pursuant to ORS 678.440 for the administration of noninjectable medications; and

      (c) Is authorized by the board to administer noninjectable medications.

      (2) An individual who is currently enrolled in a program approved by the board under ORS 678.444 that includes training in the administration of noninjectable medications may use the title “student medication aide.” [2015 c.347 §3]

 

      678.448 Use of titles “Certified Nursing Assistant,” “nursing assistant,” “nurse aide” or “CNA.” (1) Except as provided in subsection (2) of this section, an individual may not use the title “Certified Nursing Assistant,” “nursing assistant” or “nurse aide” or the abbreviation “CNA” unless the individual:

      (a) Has successfully completed a program approved by the Oregon State Board of Nursing under ORS 678.444; and

      (b) Is certified under ORS 678.442.

      (2) An individual who is currently enrolled in a program approved by the board under ORS 678.444 may use the title “student nursing assistant.”

      (3) An individual who has successfully completed a program approved by the board under ORS 678.444 and who is employed by a nursing facility, as defined by the board by rule, may use the title “nursing assistant” or “nurse aide” for a period of up to 120 days beginning on the date the nursing facility hired the individual. [2015 c.346 §3]

 

      678.505 [1977 c.635 §2; 1981 c.469 §2; renumbered 342.455]

 

      678.510 [1955 c.489 §1(1),(3),(4),(5); 1957 c.579 §1; repealed by 1971 c.663 §17]

 

      678.515 [1977 c.635 §§3,4; 1981 c.469 §3; renumbered 342.475]

 

      678.520 [1955 c.489 §11; 1957 c.579 §2; repealed by 1971 c.663 §17]

 

      678.525 [1977 c.635 §5; 1981 c.469 §4; renumbered 342.465]

 

      678.530 [1955 c.489 §1(2); 1957 c.579 §3; repealed by 1971 c.663 §17]

 

      678.540 [1955 c.489 §5; 1957 c.579 §4; 1961 c.371 §1; repealed by 1971 c.663 §17]

 

      678.550 [1955 c.489 §6; 1957 c.579 §5; 1967 c.487 §1; repealed by 1971 c.663 §17]

 

      678.560 [1955 c.489 §§7,8; 1957 c.579 §6; repealed by 1971 c.663 §17]

 

      678.570 [1955 c.489 §4; 1957 c.579 §7; repealed by 1971 c.663 §17]

 

      678.575 [1957 c.579 §17; repealed by 1971 c.663 §17]

 

      678.580 [1955 c.489 §9; repealed by 1957 c.579 §8 (678.581 enacted in lieu of 678.580)]

 

      678.581 [1957 c.579 §9 (678.581 enacted in lieu of 678.580); repealed by 1971 c.663 §17]

 

      678.590 [1955 c.489 §10; repealed by 1957 c.579 §10 (678.591 enacted in lieu of 678.590)]

 

      678.591 [1957 c.579 §11 (678.591 enacted in lieu of 678.590); repealed by 1971 c.663 §17 and 1971 c.734 §21]

 

      678.593 [1957 c.579 §13; repealed by 1971 c.663 §17 and 1971 c.734 §21]

 

      678.596 [1957 c.579 §15; repealed by 1971 c.663 §17]

 

      678.600 [1955 c.489 §2; 1957 c.579 §18; repealed by 1971 c.663 §17]

 

      678.610 [1955 c.489 §3; 1957 c.579 §19; 1969 c.314 §81; repealed by 1971 c.663 §17]

 

      678.620 [1955 c.489 §13; repealed by 1971 c.663 §17]

 

LICENSED NURSING HOME ADMINISTRATORS; RESIDENTIAL CARE FACILITY ADMINISTRATORS

 

(Generally)

 

      678.710 Definitions for ORS 678.710 to 678.820. As used in ORS 678.710 to 678.820, unless the context requires otherwise:

      (1) “Dual facility” means a facility that operates both a hospital and a long term care facility on the same campus.

      (2) “Nursing home” means any institution or facility defined as a long term care facility for licensing purposes under state statute or the rules of the Department of Human Services, including a long term care facility operated as part of a dual facility.

      (3) “Nursing home administrator” means an individual responsible for planning, organizing and managing the operation of a nursing home, whether or not the individual has an ownership interest in the nursing home and whether or not the functions are shared by one or more other individuals, if:

      (a) Final responsibility and authority are retained in the nursing home administrator; and

      (b) In the case of a dual facility, the nursing home administrator may be subject to the authority of the administrator of the dual facility or the dual facility administrator may administer the nursing home if the dual facility administrator is licensed or otherwise qualified by statute to administer a nursing home.

      (4) “Provisional license” means a temporary license issued to a provisional nursing home administrator under the rules of the Health Licensing Office.

      (5) “Residential care facility” has the meaning given that term in ORS 443.400.

      (6) “Residential care facility administrator” means an individual who is responsible for planning, organizing and managing the operation of a residential care facility. [1971 c.663 §1; 1973 c.829 §57; 1989 c.495 §1; 1995 c.643 §1; 2009 c.768 §14; 2013 c.568 §34; 2018 c.61 §5]

 

      678.720 Prohibited acts relating to administration of nursing homes; rules. (1)(a) Unless an individual holds an active license issued under ORS 678.710 to 678.820, an individual may not:

      (A) Practice or offer to practice as a nursing home administrator; or

      (B) Use in connection with the name of the individual the words or letters “nursing home administrator,” “NHA” or any other words, letters or abbreviations or insignia tending to indicate that the individual is a licensed nursing home administrator.

      (b) A nursing home must be conducted or operated under the supervision of a nursing home administrator who holds an active license issued under ORS 678.710 to 678.820.

      (2)(a) Unless an individual holds an active license issued under ORS 678.710 to 678.820, an individual may not:

      (A) Practice or offer to practice as a residential care facility administrator; or

      (B) Use in connection with the name of the individual the words or letters “residential care facility administrator,” “RCFA” or any other words, letters or abbreviations or insignia tending to indicate that the individual is a licensed residential care facility administrator.

      (b) Subject to rules adopted under paragraph (c) of this subsection, a residential care facility must be conducted or operated under the supervision of a residential care facility administrator who holds an active license issued under ORS 678.710 to 678.820.

      (c) The Department of Human Services shall adopt rules to allow a residential care facility to be operated by an individual who is not a residential care facility administrator who holds an active license under ORS 678.710 to 678.820 in transitional, emergency and similar situations. [1971 c.663 §2; 2009 c.768 §15; 2013 c.314 §18; 2018 c.61 §6]

 

      678.725 Reporting unlawful or unsatisfactory nursing home conditions and prohibited conduct; limitation of liability. (1)(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any health care facility licensed under ORS 441.015, any licensee licensed by the Health Licensing Office, any physician licensed by the Oregon Medical Board, any naturopathic physician licensed by the Oregon Board of Naturopathic Medicine, any licensed professional nurse and any licensed pharmacist shall report to the office suspected violations of ORS 678.710 to 678.820 and unsanitary or other unsatisfactory conditions in a nursing home.

      (b) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a licensee licensed under ORS 678.710 to 678.820 who has reasonable cause to believe that a licensee of any board as defined in ORS 676.150 has engaged in prohibited conduct as defined in ORS 676.150 shall report the prohibited conduct in the manner provided in ORS 676.150.

      (c) Any person may report to the office suspected violations of ORS 678.710 to 678.820 or unsanitary conditions in a nursing home.

      (2) A person who in good faith provides information to the office under this section is not subject to an action for civil damages as a result of providing the information. [1985 c.47 §7; 1995 c.643 §2; 2009 c.768 §§16,16a; 2013 c.568 §35; 2017 c.101 §6; 2017 c.356 §86]

 

(Licensing)

 

      678.730 Licensing qualifications of nursing home administrator; rules. (1) An individual qualifies for licensure as a nursing home administrator if the individual:

      (a) Has a baccalaureate degree from an accredited school of higher education;

      (b) Has passed an examination as provided in ORS 678.740; and

      (c) Has completed training requirements established by the Long Term Care Administrators Board by rule.

      (2) The requirement that an individual have a baccalaureate degree under subsection (1)(a) of this section does not apply to a person who was licensed as a nursing home administrator in any state or territory of the United States before January 1, 1983.

      (3) The training requirements established under subsection (1)(c) of this section do not apply to a person who has at least one year of experience as an administrator of a dual facility.

      (4) Notwithstanding the requirements established under subsection (1) of this section, upon the request of the governing body of a hospital, as defined in ORS 442.015, the board shall adopt standards by rule that deem a health care administrator to have met the requirements for licensure as a nursing home administrator if the health care administrator possesses an advanced degree in management and has at least 10 years of experience in health care management. [1971 c.663 §6; 1973 c.827 §68; 1973 c.829 §58a; 1985 c.47 §3; 1987 c.544 §1; 1989 c.495 §2; 1995 c.667 §5; 2001 c.104 §260; 2009 c.595 §1061; 2009 c.768 §17; 2009 c.792 §47; 2013 c.314 §19; 2021 c.97 §79]

 

      678.733 Residential care facility administrator license; fee. (1) The Health Licensing Office may issue a residential care facility administrator license to an applicant who:

      (a) Is at least 21 years of age;

      (b) Has earned at least a high school diploma or its equivalent, as indicated by evidence of the following, in a form deemed sufficient by the office:

      (A) Completion of high school or an equivalent educational level;

      (B) Passage of an approved high school equivalency test, including but not limited to the General Educational Development (GED) test; or

      (C) Graduation from a post-secondary institution;

      (c)(A) For at least two of the last five years has been employed in a professional or managerial capacity in a health or social service related field, or has a combination of experience and education deemed sufficient by the office; or

      (B) Has earned at least a bachelor’s degree in a health or social service related field;

      (d) Has completed at least 40 hours of training approved by the office by rule;

      (e) Pays a licensure fee; and

      (f) Passes an examination described in ORS 678.743.

      (2) Evidence of the education described in subsection (1)(b) of this section may be provided by a diploma or other document, or by facts, circumstances or other indicators deemed sufficient by the office.

      (3) When issuing a license under this section, the office shall consider the qualifications for employment under ORS 443.004. [2018 c.61 §2; 2021 c.366 §9]

 

      678.740 Examination for nursing home administrator license; fee. (1) Examinations for licensure as a nursing home administrator shall be conducted at such times and places as the Long Term Care Administrators Board designates, but not less than once a year.

      (2) At the time of taking an examination for licensure as a nursing home administrator, an applicant shall pay an examination or reexamination fee established by the Health Licensing Office under ORS 676.576.

      (3) The board shall, consistent with the purposes for which the examination is given, determine the subjects, scope, content and the minimum passing grade for examinations. [1971 c.663 §7; 1973 c.829 §59; 1979 c.127 §1; 1993 c.572 §1; 2009 c.768 §18; 2013 c.314 §20; 2013 c.568 §36; 2018 c.61 §7]

 

      678.743 Residential care facility administrator examination; fees; rules. (1) The Long Term Care Administrators Board shall:

      (a) Approve at least one examination for licensure as a residential care facility administrator; and

      (b) Ensure that the examinations are easily and frequently accessible to applicants.

      (2) An applicant for licensure under ORS 678.733 shall pay an examination or reexamination fee established by the Health Licensing Office under ORS 676.576.

      (3) The board shall adopt rules to:

      (a) Determine the subjects, scope and content of the examinations;

      (b) Ensure the examinations are specific to Oregon law and administrative rules;

      (c) Determine a passing score for each examination approved by the board; and

      (d) Ensure the integrity of the examination process. [2018 c.61 §3]

 

      678.746 Rules. The Health Licensing Office shall adopt rules to:

      (1) Approve training and continuing education for residential care facility administrators; and

      (2) Establish continuing education requirements for residential care facility administrators, including that a residential care facility administrator complete at least 20 hours each year of approved continuing education. [2018 c.61 §4]

 

      678.750 Applicability of licensing requirements to administrators of organizations that rely on spiritual care and treatment. (1) Nothing in ORS 678.710 to 678.820 or the rules adopted under ORS 678.710 to 678.820 may be construed to require an individual, who is employed to administer an institution exempted under ORS 441.065 as an institution that is operated by and for persons who rely on spiritual means alone for the care and treatment of the sick, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in the institution. Any license issued under ORS 678.710 to 678.820 to an individual described in this subsection shall indicate the limited extent of the authority of the individual to act as an administrator.

      (2) Subsection (1) of this section does not limit or prohibit the operator of an institution from enforcing any religious affiliation requirements imposed as a bona fide occupational qualification or business necessity or as otherwise permitted by section 703(e) of Title VII of the Civil Rights Act of 1964 or other provision of federal law. [1971 c.663 §8; 1997 c.574 §1; 2009 c.768 §19]

 

      678.760 [1971 c.663 §9; 1973 c.829 §60; 1979 c.127 §2; 1979 c.696 §17; 1993 c.572 §2; 1995 c.643 §3; 2007 c.768 §44; 2009 c.768 §20; repealed by 2013 c.314 §65]

 

      678.770 Licensing reciprocity; rules. (1) The Long Term Care Administrators Board may establish by rule standards for the issuance of a nursing home administrator or residential care facility administrator license by endorsement to an applicant who:

      (a) Meets the requirements as established by the board; and

      (b) On the date of making application, is a nursing home administrator or residential care facility administrator licensed under the laws of any other state or territory of the United States if the requirements for licensing of nursing home administrators or residential care facility administrators in the state or territory in which the applicant is licensed are not less than those required by ORS 678.710 to 678.820.

      (2) An applicant under this section shall pay to the Health Licensing Office at the time of filing the application the applicable fees established under ORS 676.576. [1971 c.663 §11; 1973 c.829 §61; 1993 c.572 §3; 2009 c.768 §22; 2013 c.82 §1; 2013 c.314 §21; 2013 c.568 §38; 2018 c.61 §8]

 

      678.775 [1993 c.572 §4; 2009 c.768 §23; repealed by 2013 c.314 §65]

 

(Discipline)

 

      678.780 Grounds for discipline of nursing home administrator. (1) In the manner prescribed in ORS chapter 183 for contested cases, the Health Licensing Office may impose a form of discipline as specified in ORS 676.612 against any person practicing as a nursing home administrator for any of the grounds listed in ORS 676.612 and for any violation of the provisions of ORS 678.710 to 678.820, or the rules adopted under ORS 678.710 to 678.820.

      (2) In addition to any discipline that may be imposed as provided by subsection (1) of this section, the office may impose disciplinary sanctions against a person practicing as a nursing home administrator for any of the following causes:

      (a) Violation of or noncompliance with any applicable provisions of ORS 678.710 to 678.820 or of any rule or order of the office;

      (b) Any continuous or substantial violation of the rules adopted under ORS 441.025; or

      (c) Discipline imposed by any other licensing body in this or any other state based on conduct that would be grounds for discipline under this section or rules adopted by the office. [1971 c.663 §14; 1973 c.58 §1; 1979 c.744 §52; 1985 c.47 §4; 1995 c.643 §4; 1997 c.791 §23; 1999 c.849 §§160,161; 2003 c.75 §58; 2009 c.768 §24; 2009 c.792 §74; 2013 c.568 §40]

 

      678.790 Procedure; review of orders. (1) When the Health Licensing Office proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license under ORS 678.710 to 678.820, opportunity for hearing shall be accorded as provided in ORS chapter 183.

      (2) Judicial review of orders under subsection (1) of this section shall be in accordance with ORS chapter 183.

      (3) If the final order of the court on review reverses the office’s order of suspension, revocation or refusal to renew, the office shall issue the license and reinstate the appellant not later than the 30th day after the decision of the court. [1971 c.734 §124; 2009 c.768 §26; 2013 c.568 §41]

 

      678.793 Licensure type of board member in disciplinary action. The Long Term Care Administrators Board may not carry out a disciplinary action against an individual who holds a license under ORS 678.710 to 678.820 unless at least one board member who represents the type of license held by the individual attends all board meetings related to the disciplinary action. [2018 c.61 §12]

 

      Note: 678.793 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 678 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

(Board)

 

      678.800 Long Term Care Administrators Board. (1) The Long Term Care Administrators Board is established within the Health Licensing Office.

      (2) The board consists of nine members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be concerned with the care and treatment of the chronically ill or infirm elderly patients and must be residents of this state. Of the members of the board:

      (a) Three must be nursing home administrators licensed under ORS 678.710 to 678.820;

      (b) Three must be residential care facility administrators licensed under ORS 678.710 to 678.820, at least one of whom serves in a memory care community;

      (c) One must be a physician licensed under ORS 677.100 to 677.228 who has expertise in geriatric care or care for persons with disabilities; and

      (d) Two must be members of the public who are not:

      (A) Otherwise eligible for appointment to the board; or

      (B) A spouse, domestic partner, child, parent or sibling of a nursing home administrator or residential care facility administrator.

      (3)(a) Board members required to be nursing home administrators and residential care facility administrators may be selected by the Governor from a list of three to five nominees submitted by any professional organization representing those professions.

      (b) Except for those persons described in paragraph (a) of this subsection, a member of the board may not have a direct financial interest in a nursing home or residential care facility.

      (c) No more than two of the members of the board may be officials or full-time employees of state or local governments.

      (d) At least one public member must be at least 62 years of age.

      (e) Public members of the board may not hold any pecuniary interest in, or have any employment contract with, a nursing home or residential care facility.

      (f) In selecting the members of the board, the Governor shall strive to balance the representation on the board according to:

      (A) Geographic areas of this state, ensuring that at least one member is from a rural area; and

      (B) Ethnicity.

      (4)(a) The term of office of each member is three years but a member serves at the pleasure of the Governor. The terms must be staggered so that no more than three terms end each year. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause the Governor shall make an appointment to become immediately effective for the unexpired term.

      (b) A board member shall be removed immediately from the board if, during the member’s term, the member:

      (A) Is not a resident of this state;

      (B) Has been absent from three consecutive board meetings, unless at least one absence is excused;

      (C) Is not a licensed nursing home administrator or a retired nursing home administrator whose license as a nursing home administrator was in good standing at the time of retirement, if the member was appointed to serve on the board as a nursing home administrator; or

      (D) Is not a licensed residential care facility administrator or a retired residential care facility administrator whose license as a residential care facility administrator was in good standing at the time of retirement, if the member was appointed to serve on the board as a residential care facility administrator.

      (5) The members of the board are entitled to compensation and expenses as provided in ORS 292.495. The board may provide by rule for compensation to board members for the performance of official duties at a rate that is greater than the rate provided in ORS 292.495. [1971 c.663 §3; 1973 c.58 §2; 1973 c.792 §35; 1975 c.234 §1; 1979 c.500 §1; 2009 c.535 §13; 2009 c.768 §3a; 2013 c.568 §42; 2017 c.409 §28; 2018 c.61 §9]

 

      678.810 Board meetings; officers. (1) The Long Term Care Administrators Board shall meet at least once each year. A majority of the members of the board constitutes a quorum for the transaction of business.

      (2) The board shall select one of its members as chairperson and another as vice chairperson, for a one-year term and with the duties and powers necessary for the performance of the functions of the offices as the board determines. [1971 c.663 §4; 2005 c.726 §8; 2009 c.768 §12; 2018 c.61 §10]

 

      678.820 Duties and powers of board and Health Licensing Office; rules. (1) The Long Term Care Administrators Board is responsible for advising the Health Licensing Office in all matters relating to the administration of ORS 678.710 to 678.820, including:

      (a) Developing standards for education and training;

      (b) Developing standards of practice and professional conduct;

      (c) Establishing standards related to the issuance, denial, revocation, suspension or renewal of licenses to practice as a nursing home administrator or residential care facility administrator;

      (d) Preparing or approving the examinations required under ORS 678.710 to 678.820, in accordance with standards provided by the office; and

      (e) Assisting the office in administering ORS 678.710 to 678.820.

      (2) The office shall administer ORS 678.710 to 678.820 by:

      (a) Determining the qualifications and fitness of applicants for licenses, renewed licenses, reciprocal licenses and provisional licenses under ORS 678.710 to 678.820.

      (b) Examining, approving, issuing, denying, revoking, suspending and renewing licenses to practice as a nursing home administrator and residential care facility administrator.

      (c) Providing for waivers of examinations or provisional licenses.

      (d) Establishing and carrying out procedures to ensure compliance with professional standards adopted by the board.

      (e) Pursuant to ORS 676.608, receiving and investigating complaints filed regarding nursing home administrators and residential care facility administrators.

      (f) Establishing and collecting fees and charges to carry out the office’s duties under ORS 678.710 to 678.820.

      (g) In accordance with ORS 183.330 and 676.615, adopting, amending and repealing rules that are necessary to carry out the administration of ORS 678.710 to 678.820.

      (h) Maintaining a register of all licensed nursing home administrators and residential care facility administrators.

      (3) The office shall consider and be guided by the recommendations of the board in all matters relating to the administration of ORS 678.710 to 678.820. [1971 c.663 §5; 1985 c.47 §5; 1995 c.79 §343; 2009 c.768 §13; 2013 c.568 §43; 2018 c.61 §11]

 

      678.825 [1985 c.47 §9; 1997 c.791 §24; repealed by 2009 c.768 §34]

 

      678.830 [1971 c.663 §12; 1973 c.427 §20; 2005 c.726 §7; repealed by 2009 c.768 §34]

 

      678.840 [1971 c.663 §15; repealed by 2009 c.768 §34]

 

PENALTIES

 

      678.990 Penalties. (1) Violation of any provision of ORS 678.010 to 678.410 is a Class C misdemeanor.

      (2) It shall be a misdemeanor for any person to:

      (a) Sell or fraudulently obtain or furnish any license or permit or aid or abet therein under ORS 678.710 to 678.820; or

      (b) Violate any of the provisions of ORS 678.720. [Amended by 1953 c.254 §16; subsections (1) and (2) enacted as 1953 c.254 §15; subsection (3) enacted as 1955 c.489 §12; 1957 c.316 §33; 1971 c.663 §16; subsection (3) enacted as 1971 c.663 §13; 1973 c.584 §21]

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