Board of Nursing, Chapter 851
Rule Caption: Clarifies registration requirements for students enrolled in non-Oregon based graduate programs lending to licensure.
Adm. Order No.: BN 9-2012
Filed with Sec. of State: 6-5-2012
Certified to be Effective: 6-5-12
Notice Publication Date: 4-1-2012
Rules Amended: 851-045-0100
Subject: Re-locates section of registration requirements for Nurse Practitioner students enrolled in out of state programs. Provides definitions for out of state and in state programs. Amends rules for Clinical Nurse Specialist students and Certified Registered Nurse Anesthesist students to be consistent with registration requirements for Nurse Practitioner students. Proposes civil penalty for preceptors violating state law.
***Omitted key words in 851-045-0100(2)(d) that were added by temporary rulemaking process that was effective 4/26/12.***
Rules Coordinator: Peggy A. Lightfoot—(971) 673-0638
Imposition of Civil Penalties
(1) Imposition of a civil penalty does not preclude disciplinary sanction against the nurse’s license. Disciplinary sanction against the nurse’s license does not preclude imposing a civil penalty. Criminal conviction does not preclude imposition of a civil penalty for the same offense.
(2) Civil penalties may be imposed according to the following schedule:
(a) Practicing nursing as a Licensed Practical Nurse (LPN), Registered Nurse (RN), Nurse Practitioner (NP), Certified Registered Nurse Anesthetist (CRNA) or Clinical Nurse Specialist (CNS) without a current license or certificate or Board required concurrent national certification; or prescribing, dispensing, or distributing drugs without current prescription writing authority, due to failure to renew and continuing to practice $50 per day, up to $5,000.
(b) Using a limited license to practice nursing for other than its intended purpose $100 per day.
(c) Nurses not licensed in Oregon hired to meet a temporary staffing shortage who fail to make application for an Oregon license by the day placed on staff $100 per day up to $3,000.
(d) Practicing nursing prior to obtaining an Oregon license by examination or endorsement $100 per day.
(e) Nurse imposter up to $5,000. “Nurse Imposter” means an individual who has not attended or completed a nursing education program or who is ineligible for nursing licensure or certification as a LPN, RN, NP, CRNA or CNS and who practices or offers to practice nursing or uses any title, abbreviation, card or device to indicate that the individual is so licensed or certified to practice nursing in Oregon; and
(f) Conduct derogatory to the standards of nursing $1,000 – $5,000. The following factors will be considered in determining the dollar amount, to include, but not be limited to:
(B) Damage and/or injury to the client;
(C) History of performance in current and former employment settings;
(D) Potential danger to the public health, safety and welfare;
(E) Prior offenses or violations including prior complaints filed with the Board and past disciplinary actions taken by the Board;
(F) Severity of the incident;
(G) Duration of the incident; and
(H) Economic impact on the person.
(g) Violation of any disciplinary sanction imposed by the Board of Nursing $1,000–$5,000.
(h) Conviction of a crime which relates adversely to the practice of nursing or the ability to safely practice $1,000–$5000.
(i) Gross incompetence in the practice of nursing $2,500 – $5000.
(j) Gross negligence in the practice of nursing $2,500 – $5000.
(k) Employing any person without a current Oregon LPN, RN or CRNA license, NP or CNS certificate to function as a LPN, RN, CRNA, NP or CNS subject to the following conditions:
(A) Knowingly hiring an individual in a position of a licensed nurse when the individual does not have a current, valid Oregon license or certificate $5,000; or
(B) Allowing an individual to continue practicing as a LPN, RN, NP, CRNA or CNS Knowing that the individual does not have a current, valid Oregon license or certificate $5,000.
(l) Employing a LPN, RN, NP, CRNA or CNS without a procedure in place for checking the current status of that nurse’s license or certificate to ensure that only those nurses with a current, valid Oregon license or certificate be allowed to practice nursing $5,000;
(m) Supplying false information regarding conviction of a crime, discipline in another state, physical or mental illness/physical handicap, or meeting the practice requirement on an application for initial licensure or re-licensure, or certification or recertification $5,000; and
(n) Precepting a nursing student at any level without verifying their appropriate licensure, registration, or certification $5,000.
Stats. Implemented: ORS 678.150 & 678.117
Hist.: BN 4-2008, f. & cert. ef. 6-24-08; BN 2-2012(Temp), f. & cert. ef. 4-26-12 thru 10-1-12; BN 5-2012, f. 5-7-12, cert. ef. 6-1-12; BN 9-2012, f. & cert. ef. 6-5-12