Chapter 678 — Chapter 678
149 sections in this chapter.
ORS 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]
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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)
ORS 678.440 Nursing assistants; training; effect of employing untrained assistant; civil penalties. (1) As used in ORS 678.440 to 678.448
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(a) “Medication aide” means a nursing assistant who has additional training and qualifications, as determined by the Oregon State Board of Nursing. (b) “Nursing assistant” means an individual who assists licensed nursing personnel in the provision of nursing care. (2) It is the i…
ORS 678.442 Certification of nursing assistants; discipline; rules. (1) The Oregon State Board of Nursing shall establish standards for certifying and may certify as a nursing assistant any person who
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(a) Submits an application; (b)(A) Shows completion of an approved training program for nursing assistants; (B) Has military training or experience that the board determines is substantially equivalent to the training required by subparagraph (A) of this paragraph; or (C) Has oth…
ORS 678.444 Standards for training programs for nursing assistants; survey of training programs; authority to revoke approval of training programs. (1) The Oregon State Board of Nursing shall establish standards for training programs for nursing assistants. An institution may apply to the board for approval of a nursing assistant training program. Upon receipt of an application, the board shall review and may approve programs that meet board standards
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(2) The board may, at intervals determined by the board, survey training programs approved under this section to ensure the training programs continue to meet the standards established under this section. The board may revoke approval from a training program that the board determ…
ORS 678.445 Administration of noninjectable medication by nursing assistant; nurse duty to report regarding certain medications; rules. (1) It is the intent of the Legislative Assembly that the Oregon State Board of Nursing adopt by rule standards that allow a nursing assistant in a long term care facility to administer noninjectable medication under the direct supervision of or as assigned by a nurse
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(2) If a nurse employed in a long term care facility questions the efficacy, need or safety of continuation of medications dispensed by the nurse or by another employee of the long term care facility to a patient, the nurse shall report that question to the health care provider, …
ORS 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
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(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 indi…
ORS 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
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(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 as…
ORS 678.505 [1977 c.635 §2; 1981 c.469 §2; renumbered 342.455]
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[Repealed or reserved.]
ORS 678.510 [1955 c.489 §1(1),(3),(4),(5); 1957 c.579 §1; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.515 [1977 c.635 §§3,4; 1981 c.469 §3; renumbered 342.475]
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[Repealed or reserved.]
ORS 678.520 [1955 c.489 §11; 1957 c.579 §2; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.525 [1977 c.635 §5; 1981 c.469 §4; renumbered 342.465]
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[Repealed or reserved.]
ORS 678.530 [1955 c.489 §1(2); 1957 c.579 §3; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.540 [1955 c.489 §5; 1957 c.579 §4; 1961 c.371 §1; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.550 [1955 c.489 §6; 1957 c.579 §5; 1967 c.487 §1; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.560 [1955 c.489 §§7,8; 1957 c.579 §6; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.570 [1955 c.489 §4; 1957 c.579 §7; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.575 [1957 c.579 §17; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.580 [1955 c.489 §9; repealed by 1957 c.579 §8 (678.581 enacted in lieu of 678.580)]
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[Repealed or reserved.]
ORS 678.581 [1957 c.579 §9 (678.581 enacted in lieu of 678.580); repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.590 [1955 c.489 §10; repealed by 1957 c.579 §10 (678.591 enacted in lieu of 678.590)]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 678.593 [1957 c.579 §13; repealed by 1971 c.663 §17 and 1971 c.734 §21]
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[Repealed or reserved.]
ORS 678.596 [1957 c.579 §15; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.600 [1955 c.489 §2; 1957 c.579 §18; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.610 [1955 c.489 §3; 1957 c.579 §19; 1969 c.314 §81; repealed by 1971 c.663 §17]
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[Repealed or reserved.]
ORS 678.620 [1955 c.489 §13; repealed by 1971 c.663 §17]
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LICENSED NURSING HOME ADMINISTRATORS; RESIDENTIAL CARE FACILITY ADMINISTRATORS (Generally)
ORS 678.710 Definitions for ORS 678.710 to 678.820. As used in ORS 678.710 to 678.820, unless the context requires otherwise
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(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…
ORS 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
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(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…
ORS 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
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(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 pro…
ORS 678.730 Licensing qualifications of nursing home administrator; rules. (1) An individual qualifies for licensure as a nursing home administrator if the individual
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(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 individu…
ORS 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
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(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 hig…
ORS 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
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(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 examina…
ORS 678.743 Residential care facility administrator examination; fees; rules. (1) The Long Term Care Administrators Board shall
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(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…
ORS 678.746 Rules. The Health Licensing Office shall adopt rules to
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(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 y…
ORS 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
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(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 t…
ORS 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]
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[Repealed or reserved.]
ORS 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
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(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 licen…
ORS 678.775 [1993 c.572 §4; 2009 c.768 §23; repealed by 2013 c.314 §65]
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(Discipline)
ORS 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
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(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 an…
ORS 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
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(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 reinstat…
ORS 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]
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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)
ORS 678.800 Long Term Care Administrators Board. (1) The Long Term Care Administrators Board is established within the Health Licensing Office
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(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 a…
ORS 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
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(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; 2…
ORS 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
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(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…
ORS 678.825 [1985 c.47 §9; 1997 c.791 §24; repealed by 2009 c.768 §34]
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[Repealed or reserved.]
ORS 678.830 [1971 c.663 §12; 1973 c.427 §20; 2005 c.726 §7; repealed by 2009 c.768 §34]
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[Repealed or reserved.]
ORS 678.840 [1971 c.663 §15; repealed by 2009 c.768 §34]
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PENALTIES
ORS 678.990 Penalties. (1) Violation of any provision of ORS 678.010 to 678.415 is a Class C misdemeanor
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(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 …