Chapter 441 — Chapter 441
346 sections in this chapter.
ORS 441.155 [Formerly 441.162; 2023 c.507 §14; renumbered 441.763 in 2023]
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[Repealed or reserved.]
ORS 441.156 [2015 c.669 §5; 2023 c.507 §16; renumbered 441.764 in 2023]
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[Repealed or reserved.]
ORS 441.157 [2015 c.669 §9; 2021 c.338 §4; repealed by 2023 c.507 §32]
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[Repealed or reserved.]
ORS 441.160 [2001 c.609 §1; renumbered 441.151 in 2015]
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[Repealed or reserved.]
ORS 441.162 [2001 c.609 §2; 2005 c.665 §2; 2015 c.669 §4; renumbered 441.155 in 2015]
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[Repealed or reserved.]
ORS 441.164 [2001 c.609 §3; 2009 c.595 §733; 2015 c.669 §12; 2023 c.507 §23; renumbered 441.778 in 2023]
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[Repealed or reserved.]
ORS 441.165 [2015 c.669 §5a; 2021 c.248 §1; 2023 c.507 §24; renumbered 441.769 in 2023]
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[Repealed or reserved.]
ORS 441.166 [2001 c.609 §4; 2005 c.665 §1; 2009 c.595 §734; 2015 c.669 §6; renumbered 441.770 in 2023]
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[Repealed or reserved.]
ORS 441.168 [2001 c.609 §5; renumbered 441.772 in 2023]
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[Repealed or reserved.]
ORS 441.169 [2015 c.669 §7; renumbered 441.785 in 2023]
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[Repealed or reserved.]
ORS 441.170 [2001 c.609 §6; 2009 c.595 §735; 2015 c.669 §13; renumbered 441.175 in 2015]
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[Repealed or reserved.]
ORS 441.171 [2015 c.669 §10; 2023 c.199 §1; 2023 c.507 §18; renumbered 441.791 in 2023]
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[Repealed or reserved.]
ORS 441.172 [2001 c.609 §9; renumbered 441.179 in 2015]
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[Repealed or reserved.]
ORS 441.173 [2015 c.669 §8; 2023 c.507 §26; renumbered 441.780 in 2023]
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[Repealed or reserved.]
ORS 441.174 [2001 c.609 §10; renumbered 441.181 in 2015]
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[Repealed or reserved.]
ORS 441.175 [Formerly 441.170; 2023 c. 507 §19; renumbered 441.793 in 2023]
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[Repealed or reserved.]
ORS 441.176 [2001 c.609 §11; renumbered 441.183 in 2015]
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[Repealed or reserved.]
ORS 441.177 [2015 c.669 §11; 2023 c.507 §21; renumbered 441.783 in 2023]
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[Repealed or reserved.]
ORS 441.178 [2001 c.609 §12; 2001 c.609 §12a; renumbered 441.184 in 2015]
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HOSPITAL NURSES
ORS 441.179 Definitions for ORS 441.179 to 441.186. As used in ORS 441.179 to 441.186
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(1) “Affiliated hospital” means a hospital that has a business relationship with another hospital. (2) “Hospital” means: (a) An acute inpatient care facility, as defined in ORS 442.470; or (b) A hospital as described in ORS 442.015. (3) “Manager” means a person who: (a) Has autho…
ORS 441.180 [2001 c.609 §13; 2009 c.595 §736; 2015 c.669 §15; renumbered 441.185 in 2015]
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[Repealed or reserved.]
ORS 441.181 Retaliation prohibited. (1) A hospital may not take retaliatory action against a nursing staff because the nursing staff
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(a) Discloses or intends to disclose to a manager, a private accreditation organization or a public body an activity, policy or practice of the hospital or of a hospital that the nursing staff reasonably believes is in violation of law or a rule or is a violation of professional …
ORS 441.182 [2001 c.609 §14; renumbered 441.186 in 2015]
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[Repealed or reserved.]
ORS 441.183 Remedies for retaliation. (1) A nursing staff aggrieved by an act prohibited by ORS 441.181 may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action brought under this subsection and are in addition to any remedies provided in subsection (2) of this section
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(2) In an action brought under subsection (1) of this section, a circuit court may do any of the following: (a) Issue a temporary restraining order or a preliminary or permanent injunction to restrain a continued violation of ORS 441.181. (b) Reinstate the nursing staff to the sa…
ORS 441.184 Unlawful employment practices; civil action for retaliation. (1) A hospital that takes any retaliatory action described in ORS 441.181 against a nursing staff commits an unlawful employment practice
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(2) A nursing staff claiming to be aggrieved by an alleged violation of ORS 441.181 may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. Except for the provisions of ORS 659A.870, 659A.875, 659A.880 and 659A.885,…
ORS 441.185 Hospital posting of notice. (1) A hospital shall post a notice summarizing the provisions of ORS 441.181, 441.183, 441.184 and 441.192 in a conspicuous place on the premises of the hospital. The notice must be posted where notices to employees and applicants for employment are customarily displayed
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(2) Any hospital that willfully violates this section is subject to a civil penalty not to exceed $500. Civil penalties under this section shall be imposed by the Oregon Health Authority in the manner provided by ORS 183.745. [Formerly 441.180] Note: See note under 441.179.
ORS 441.186 Rights, privileges or remedies of nursing staff. (1) Except as provided in subsection (2) of this section, nothing in ORS 441.183 and 441.184 shall be deemed to diminish any rights, privileges or remedies of a nursing staff under federal or state law or regulation or under any collective bargaining agreement or employment contract
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(2) ORS 441.183 and 441.184 provide the only remedies under state law for a nursing staff for an alleged violation of ORS 441.181 committed by a hospital. [Formerly 441.182] Note: See note under 441.179.
ORS 441.192 Notice of employment outside of hospital. (1) A hospital, as defined in ORS 441.179, may require a registered nurse who is receiving full employment benefits from the hospital to provide notice of any outside employment that may reasonably impede the ability of the nurse to fulfill the nurse’s obligation to the hospital in providing nursing services to patients under the hospital’s care
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(2) If a hospital determines that the outside employment causes a risk to patients receiving services in the hospital, the hospital may require the nurse to discontinue the outside employment. (3) A hospital may not unreasonably restrict the outside employment of nurses and may r…
ORS 441.195 [1957 s.s. c.13 §1; renumbered 440.305]
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[Repealed or reserved.]
ORS 441.196 [2015 c.466 §2; renumbered 441.054 in 2019]
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[Repealed or reserved.]
ORS 441.198 [2015 c.263 §2; renumbered 441.051 in 2019]
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[Repealed or reserved.]
ORS 441.200 [1957 s.s. c.13 §2; renumbered 440.310]
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SAFETY OF HOSPITAL AND HOME HEALTH CARE WORKERS
ORS 441.201 Flagging systems. (1) As used in this section
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(a) “Authorized staff” means the staff of a covered entity who are responsible for creating and tracking electronic health record flags. (b) “Covered entity” means: (A) A hospital as defined in ORS 441.760, except for the Oregon State Hospital. (B) A home health agency as defined…
ORS 441.203 Bullet resistance requirements for emergency rooms. (1) As used in this section
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(a) “Emergency room intake window” means the designated area within an emergency department of a hospital where patients are registered. (b) “Hospital” has the meaning given that term in ORS 441.760, except for the Oregon State Hospital. (2) Every hospital in this state shall be …
ORS 441.205 [Amended by 1969 c.343 §1; renumbered 440.315]
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[Repealed or reserved.]
ORS 441.210 [Amended by 1969 c.343 §2; 1971 c.727 §114; renumbered 440.320]
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[Repealed or reserved.]
ORS 441.215 [Repealed by 1957 s.s. c.13 §4 (441.216 enacted in lieu of 441.215)]
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[Repealed or reserved.]
ORS 441.216 [1957 s.s. c.13 §5 (enacted in lieu of 441.215); 1969 c.343 §3; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.220 [Amended by 1969 c.343 §4; repealed by 1971 c.727 §203]
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ADVISORY COMMITTEE ON PHYSICIAN CREDENTIALING INFORMATION
ORS 441.221 Advisory Committee on Physician Credentialing Information; membership; terms. (1) The Advisory Committee on Physician Credentialing Information is established within the Oregon Health Authority. The committee consists of nine members appointed by the Director of the Oregon Health Authority or the director’s designee as follows
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(a) Three members who are health care practitioners licensed by the Oregon Medical Board or representatives of health care practitioners’ organizations doing business within the State of Oregon; (b) Three representatives of hospitals licensed by the Oregon Health Authority; and (…
ORS 441.222 Committee recommendations. (1) The Advisory Committee on Physician Credentialing Information shall develop and submit recommendations to the Director of the Oregon Health Authority for the collection of uniform information necessary for credentialing organizations to credential health care practitioners seeking designation as a participating provider or member of a credentialing organization. The recommendations must specify
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(a) The content and format of a credentialing application form; and (b) The content and format of a recredentialing application form. (2) The committee shall meet at least once every calendar year to review the uniform credentialing information and to assure the director that the…
ORS 441.223 Implementation of committee recommendations; rules. (1) Upon receiving the recommendations of the Advisory Committee on Physician Credentialing Information, the Oregon Health Authority shall
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(a) Adopt administrative rules in a timely manner, as required by the Administrative Procedures Act, for the purpose of effectuating the provisions of ORS 441.221 to 441.223; and (b) Ensure that the rules adopted by the Oregon Health Authority are identical and are consistent wit…
ORS 441.224 [2013 c.603 §2; repealed by 2021 c.50 §1]
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[Repealed or reserved.]
ORS 441.225 [Repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.226 [2013 c.603 §3; repealed by 2021 c.50 §1]
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[Repealed or reserved.]
ORS 441.227 [1965 c.403 §2; 1969 c.343 §5; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.228 [2013 c.603 §4; repealed by 2021 c.50 §1]
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[Repealed or reserved.]
ORS 441.229 [2013 c.603 §5; repealed by 2021 c.50 §1]
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[Repealed or reserved.]
ORS 441.230 [Amended by 1965 c.403 §3; 1969 c.343 §6; repealed by 1971 c.727 §203]
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[Repealed or reserved.]
ORS 441.232 [2013 c.603 §7; repealed by 2021 c.50 §1]
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[Repealed or reserved.]