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Oregon Bulletin

August 1, 2012

Board of Nursing, Chapter 851

Rule Caption: Delinquent renewal fees for RN/LPN and AP applications increase from $12.00 to $100.00.

Adm. Order No.: BN 10-2012

Filed with Sec. of State: 7-6-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 6-1-2012

Rules Amended: 851-002-0010, 851-002-0020, 851-002-0030, 851-002-0035

Subject: The proposed rule changes will streamline the processing of late renewals and reduce OSBN operational and licensee costs of administering civil penalties for those practicing as a nurse without an active license for less than 60 days delinquent. Rather than pursue a civil penalty of $50/day for up to 60 days for working without a license, the delinquent renewal fee for RN/LPN and Advanced Practice applications would increase in all cases from $12.00 to $100.00. The OSBN will pursue civil penalties for practicing as a nurse without a license, where a renewal or reactivation application is more than 60 days late or deemed necessary by Board order, at $50/day up to $5,000 maximum.

Rules Coordinator: Peggy A. Lightfoot—(971) 673-0638

851-002-0010

RN/LPN Schedule of Fees

(1) License Renewal – $145.

(2) Delinquent fee – $100.

(3) Workforce Data Analysis Fund at Renewal – $5.

(4) License by Endorsement – $195.

(5) Licensure by Examination – $160.

(6) Written Verification of License – $12.

(7) Limited Licenses:

(a) License Memorandum – $25.

(b) Reentry – $95.

(c) Extension of Reentry – $25.

(8) Limited Licenses for Educational Experience:

(a) International Graduate Nursing Students – $65.

(b) Extension of International Graduate Nursing Students – $25.

(c) International RN in Short-Term Educational Experience – $35.

(d) International Exchange Students – $25.

(e) U.S. RNs in Distance Learning – $15.

(f) Extension of Distance Learning – $15.

(9) Reexamination for Licensure – $25.

(10) Reactivation – $160.

(11) Reinstatement by Reactivation —$160.

Stat. Auth.: ORS 678.150 & 678.410
Stats. Implemented: ORS 678.410
Hist.: NER 26(Temp), f. & ef. 12-11-75; NER 32, f. & ef. 5-4-76; NER 5-1981, f. & ef. 11-24-81; NER 2-1982, f. & ef. 8-25-82; NER 5-1983, f. 12-9-83, ef. 1-1-84; NER 5-1985, f. 7-30-85, ef. 10-1-85; NER 6-1986, f. & ef. 12-3-86; NB 5-1987, f. & ef. 7-1-87; NB 7-1987, f. & ef. 10-5-87; NB 1-1988, f. & cert. ef. 4-18-88; NB 2-1989, f. 6-22-89, cert. ef. 7-1-89; NB 2-1991, f. 6-14-91, cert. ef. 7-1-91; NB 3-1991, f. & cert. ef. 9-25-91; NB 5-1993, f. 6-15-93, cert. ef. 7-1-93; NB 7-1993, f. & cert. ef. 7-1-93; NB 13-1993, f. & cert. ef. 12-20-93; NB 5-1994 f. & cert. ef. 9-15-94; Renumbered from 851-020-0295; NB 8-1994, f. & cert. ef. 12-7-94; NB 7-1995(Temp), f. & cert. ef. 6-23-95; NB 2-1996, f. & cert. ef. 3-12-96; NB 9-1997, f. 7-22-97, cert. ef. 9-1-97; BN 6-1998(Temp), f. & cert. ef. 7-15-98 thru 12-31-98; Administrative correction 8-5-98; BN 10-1998, f. & cert. ef. 8-7-98; BN 11-1998, f. & cert. ef. 9-22-98; BN 4-1999, f. 5-21-99, cert. ef. 7-1-99, Renumbered from 851-031-0200; BN 11-1999, f. & cert. ef. 12-1-99; BN 6-2000, f. & cert. ef. 4-24-00; BN 17-2002, f. & cert. ef. 10-18-02; BN 6-2003, f. & cert. ef. 7-7-03; BN 5-2007, f. 5-4-07, cert. ef. 7-1-07; BN 5-2009, f. & cert. ef. 10-7-09; BN 6-2009, f. 12-17-09, cert. ef. 1-1-10; BN 7-2010, f. & cert. ef. 6-25-10; BN 16-2010, f. & cert. ef. 11-29-10; BN 10-2012, f. 7-6-12, cert. ef. 8-1-12

851-002-0020

Nurse Practitioner Schedule of Fees

(1) Initial Nurse Practitioner Certification – $150.

(2) First Category Renewal (combined with Prescriptive Privilege renewal) – $105.

(3) Prescription Monitoring Fund (Biennial) – $50.

(4) Additional Category Renewal – $50.

(5) Delinquent fee – $100.

(6) Nurse Practitioner Prescriptive Authority Initial Application – $75.

(7) Limited License for Reentry or Clinical Practicum – $95.

Stat. Auth.: ORS 678.150 & 678.410
Stats. Implemented: ORS 678.410
Hist.: NER 26(Temp), f. & ef. 12-11-75; NER 32, f. & ef. 5-4-76; NER 5-1981, f. & ef. 11-24-81; NER 2-1982, f. & ef. 8-25-82; NER 5-1983, f. 12-9-83, ef. 1-1-84; NER 5-1985, f. 7-30-85, ef. 10-1-85; NER 6-1986, f. & ef. 12-3-86; NB 5-1987, f. & ef. 7-1-87; NB 7-1987, f. & ef. 10-5-87; NB 1-1988, f. & cert. ef. 4-18-88; NB 2-1989, f. 6-22-89, cert. ef. 7-1-89; NB 2-1991, f. 6-14-91, cert. ef. 7-1-91; NB 3-1991, f. & cert. ef. 9-25-91; NB 5-1993, f. 6-15-93, cert. ef. 7-1-93; NB 7-1993, f. & cert. ef. 7-1-93; NB 13-1993, f. & cert. ef. 12-20-93; NB 5-1994 f. & cert. ef. 9-15-94; Renumbered from 851-020-0295; NB 8-1994, f. & cert. ef. 12-7-94; NB 7-1995(Temp), f. & cert. ef. 6-23-95; NB 2-1996, f. & cert. ef. 3-12-96; NB 9-1997, f. 7-22-97, cert. ef. 9-1-97; BN 6-1998(Temp), f. & cert. ef. 7-15-98 thru 12-31-98; Administrative correction 8-5-98; BN 10-1998, f. & cert. ef. 8-7-98; BN 11-1998, f. & cert. ef. 9-22-98; BN 4-1999, f. 5-21-99, cert. ef. 7-1-99, Renumbered from 851-031-0200; BN 16-2006, f. & cert. ef. 11-29-06; BN 7-2009, f. 12-17-09, cert. ef. 1-1-10; BN 10-2012, f. 7-6-12, cert. ef. 8-1-12

851-002-0030

Certified Registered Nurse Anesthetist Schedule of Fees

(1) Initial Certified Registered Nurse Anesthetist License – $150.

(2) Renewal of CRNA License – $55.

(3) Delinquent fee of CRNA License – $100.

(4) Combined Limited and Initial License – $175.

(5) Reentry Limited License – $95.

Stat. Auth.: ORS 678.150 & 678.410
Stats. Implemented: ORS 678.410
Hist.: NER 26(Temp), f. & ef. 12-11-75; NER 32, f. & ef. 5-4-76; NER 5-1981, f. & ef. 11-24-81; NER 2-1982, f. & ef. 8-25-82; NER 5-1983, f. 12-9-83, ef. 1-1-84; NER 5-1985, f. 7-30-85, ef. 10-1-85; NER 6-1986, f. & ef. 12-3-86; NB 5-1987, f. & ef. 7-1-87; NB 7-1987, f. & ef. 10-5-87; NB 1-1988, f. & cert. ef. 4-18-88; NB 2-1989, f. 6-22-89, cert. ef. 7-1-89; NB 2-1991, f. 6-14-91, cert. ef. 7-1-91; NB 3-1991, f. & cert. ef. 9-25-91; NB 5-1993, f. 6-15-93, cert. ef. 7-1-93; NB 7-1993, f. & cert. ef. 7-1-93; NB 13-1993, f. & cert. ef. 12-20-93; NB 5-1994 f. & cert. ef. 9-15-94; Renumbered from 851-020-0295; NB 8-1994, f. & cert. ef. 12-7-94; NB 7-1995(Temp), f. & cert. ef. 6-23-95; NB 2-1996, f. & cert. ef. 3-12-96; NB 9-1997, f. 7-22-97, cert. ef. 9-1-97; BN 6-1998(Temp), f. & cert. ef. 7-15-98 thru 12-31-98; Administrative correction 8-5-98; BN 10-1998, f. & cert. ef. 8-7-98; BN 11-1998, f. & cert. ef. 9-22-98; BN 4-1999, f. 5-21-99, cert. ef. 7-1-99, Renumbered from 851-031-0200; BN 10-2012, f. 7-6-12, cert. ef. 8-1-12

851-002-0035

Clinical Nurse Specialist Schedule of Fees

(1) Initial Clinical Nurse Specialist Certification – $150.

(2) Renewal of Certification without Prescriptive Authority – $75.

(3) Prescription Monitoring Fund (Biennial) – $50.

(4) Renewal of Certification with Prescriptive Authority – $105.

(5) Clinical Nurse Specialist Prescriptive Authority Initial Application – $75.

(6) Delinquent fee – $100.

(7) Limited License for Reentry or Clinical Practicum – $95.

(8) Extension of Limited License – $95.

Stat. Auth.: ORS 678.150 & 678.410
Stats. Implemented: ORS 678.410
Hist.: BN 4-2001, f. & cert. ef. 2-21-01; BN 16-2006, f. & cert. ef. 11-29-06; BN 7-2009, f. 12-17-09, cert. ef. 1-1-10; BN 10-2012, f. 7-6-12, cert. ef. 8-1-12


 

Rule Caption: To bring the language in line with previous versions and the intent of the Board.

Adm. Order No.: BN 11-2012

Filed with Sec. of State: 7-6-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 6-1-2012

Rules Amended: 851-045-0100

Subject: The purpose of the revision to 851-045-0100(2)(d) is to bring the language in line with previous versions of the rule and the intent of the Board.

Rules Coordinator: Peggy A. Lightfoot—(971) 673-0638

851-045-0100

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:

(A) Intent;

(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.

Stat. Auth.: ORS 678.150
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; BN 11-2012, f. 7-6-12, cert. ef. 8-1-12


 

Rule Caption: To bring the language in line with previous versions and the intent of the Board.

Adm. Order No.: BN 12-2012

Filed with Sec. of State: 7-6-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 6-1-2012

Rules Repealed: 851-050-0150

Subject: The purpose of the revision to Division 50 is to bring the language in line with previous versions of the rule and the intent of the Board.

Rules Coordinator: Peggy A. Lightfoot—(971) 673-0638


 

Rule Caption: To clarify language regarding the requirements of the Health Professionals’ Services Program.

Adm. Order No.: BN 13-2012

Filed with Sec. of State: 7-6-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 6-1-2012

Rules Amended: 851-070-0090

Subject: The purpose of the revisions to Division 70 is to:

 • Clarify that the program is for four years for a substance use disorder and/or substance use and mental health disorder (co-occurring); and

 • Clarify that the program is for two years for a mental health disorder; and

 • Clarify that monitored practice is to be supervised in the work setting.

Rules Coordinator: Peggy A. Lightfoot—(971) 673-0638

851-070-0090

Completion Requirements

(1) To successfully complete the Health Professionals’ Services Program (HPSP), licensees with a substance use disorder, or with a mental health disorder and a substance use disorder, must have participated in the HPSP program for a minimum of four years and have worked for at least two years in a supervised monitored practice. Licensees must complete the required two years of supervised monitored practice within four years of entering the Health Professionals’ Services Program.

(2) To successfully complete the Health Professionals’ Services Program, licensees with a mental health disorder, but no substance use disorder, must have participated in the HPSP program for a minimum of two years and have worked for at least one year in a supervised monitored practice. Licensees must complete the required year of supervised monitored practice within two years of entering the Health Professionals’ Services Program.

(3) The Board may extend by one year the time within which a licensee must complete the supervised monitored practice if the licensee has remained compliant with the program.

(4) A licensee who does not complete the required term of supervised monitored practice will be discharged from the Health Professionals’ Services Program and may be subject to discipline.

(5) The time spent working in a supervised monitored practice before transferring from the Nurse Monitoring Program to the Health Professionals’ Services Program effective July 1, 2010, will be counted toward the required term of supervised monitored practice.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 4-2012(Temp), f. & cert. ef. 4-26-12 thru 10-1-12; BN 13-2012, f. 7-6-12, cert. ef. 8-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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