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OREGON STATE BOARD OF NURSING

 

DIVISION 31

STANDARDS FOR LICENSURE OF REGISTERED
NURSES AND LICENSED PRACTICAL NURSES

851-031-0005

Definitions

(1) "Address of Record" means the home address of a licensee, submitted on the initial application or by written notification of change.

(2) "Application" means a request for licensure including all information identified on a form supplied by the Board and payment of required fee.

(3) "Approved Nursing Program" means a pre-licensure educational program approved by the Board for registered or practical nurse scope of practice; or an educational program in another state or jurisdiction approved by the licensing board for nurses or other appropriate accrediting agency for that state.

(4) "Clinical Component" means a course or session in which a student obtains nursing experience in a practice setting. The course or session may relate to activities that use nursing knowledge but not in a direct client/patient interaction, or may relate to nursing practice directly with clients/patients.

(5) "Commission on Graduates of Foreign Nursing Schools (CGFNS)" is a credentials evaluation/testing service for graduates of schools outside the U.S.

(6) "Completed application" means an application and all supporting documents related to licensure requirements.

(7) "Comprehensive Nursing Assessment" is an extensive data collection addressing current health status and anticipated or emerging changes in that status; recognizing alterations in health status; integrating biological, psychological, spiritual, and social aspects of care; recognizing the need to communicate and consult with other healthcare providers; and using this broad analysis to plan, implement, and evaluate nursing care.

(8) "Credentials Evaluation" means an independent determination, by a Board approved service, through review of transcripts and other relevant material, whether an educational program is or is not equivalent to nursing education in the United States.

(9) "Delinquent Renewal" means late receipt of a renewal application and fee up to 60 days following license expiration.

(10) "English Language Proficiency" means the ability to use and comprehend spoken and written English at a level sufficient for safety within the scope of practice.

(11) "Examination" means the licensing examination endorsed by the National Council of State Boards of Nursing, Inc. which may be the State Board Test Pool Examination (SBTPE) or the NCLEX-RN® or -PN®.

(12) "Expired license" means that the license has lapsed and is void, the nurse has not renewed Oregon licensure or been granted Retired or Inactive status and is not authorized to practice nursing but may elect to return to active status by meeting the Board's standards.

(13) "Graduate" means to qualify in the field of nursing by completing an approved program from a university, college or school that offers an academic degree, a diploma, a certificate or a transcript denoting fulfillment of an approved program.

(14) "Inactive Nurse" status means that the nurse has applied for inactive status, is not currently authorized to practice nursing in Oregon but may elect to return to active practice by meeting the Board's standards.

(15) "Individualized Re-entry Plan" means a plan developed by the re-entry nurse to utilize formal course work and supervised clinical practice for the purpose of meeting requirements for re-entry.

(16) "International Nurse" means an individual who is credentialed to practice as a nurse in a country other than the United States or its jurisdictions.

(17) "Limited License" means a registered nurse or practical nurse license with conditions which specifically limit its duration or full use for practice.

(18) "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, a residential care facility as defined in ORS 443.400 or an assisted living facility.

(19) "Name Change" means establishing the legal basis through documentation for a change in the name of record.

(20) "Name of Record" means the name to which the applicant is legally entitled, submitted on the initial application, or changed at the written request of the applicant with documentation of the legal basis for the change.

(21) "Official Transcript" means a transcript received directly from the school, bearing the official seal or other designation the school identified, showing the date of graduation or program completion and the degree, diploma or certificate awarded, if applicable.

(22) "Prelicensure Program" means a program of study in which achievement of the educational requirements for nursing licensure are achieved in the process of obtaining a higher degree (e.g., direct-entry master's or doctoral degree programs during which the requirements for a baccalaureate degree in nursing are achieved but the baccalaureate degree is not conferred; baccalaureate degree programs during which the requirements for an associate degree in nursing are met but the degree is not conferred).

(23) "Re-entry" is the process of licensing a nurse who does not meet the practice requirements at the time of application for licensure by examination, endorsement, reactivation, or reinstatement.

(24) "Reexamination" means subsequent examination(s) after one or more failures.

(25) "Reactivation" is the process of relicensing after the license is expired 61 or more days.

(26) "Reinstatement" is the process of relicensing when the license has been subject to disciplinary sanction by the Board.

(27) "Retired Nurse" is an honorary title given a nurse previously licensed in good standing in Oregon and does not authorize the nurse to practice nursing.

(28) "United States" or "U.S." includes all states and jurisdictions of the United States.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.040, 678.050, 678.101, 678.150 & 678.410
Hist.: NB 4-1997, f. 3-6-97, cert. ef. 5-1-97; BN 10-1998, f. & cert. ef. 8-7-98; BN 11-1999. f. & cert. ef. 12-1-99; BN 6-2000, f. & cert. ef. 4-24-00; BN 2-2002, f. & cert. ef. 3-5-02; BN 17-2002, f. & cert. ef. 10-18-02; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2003, f. & cert. ef. 10-2-03; BN 12-2006, f. & cert. ef. 10-5-06

851-031-0006

General Eligibility, Limits on Eligibility, and Requirements

(1) Eligibility:

(a) Graduation or program completion from an approved nursing program as documented in an official transcript or credentials evaluation:

(A) An applicant for the practical nurse examination shall show evidence of having completed a state approved Practical Nursing, Diploma, Associate Degree, Baccalaureate Degree or Master's Degree Program in Nursing.

(B) An applicant for the registered nurse examination shall show evidence of having completed, a state approved pre-licensure, Diploma, Associate Degree, Baccalaureate Degree or Master's Degree Program in Nursing.

(C) An applicant who graduated from a nursing program outside the United States shall show evidence that the program is equivalent to Practical Nursing, Diploma, Associate Degree, Baccalaureate Degree or Master's Degree Program in Nursing in the U.S.

(b) Successful completion of the examination; and

(c) Current or recent nursing practice as defined in OAR 851-031-0006(3)(e); and

(d) English language proficiency as defined in OAR 851-031-0006(3)(f).

(2) Limits on Eligibility:

(a) If an applicant has a major physical or mental condition that could affect the applicant's ability to practice nursing safely, a physical or psychological assessment may be required, to assist in the determination as to whether or not the applicant's physical or mental health is adequate to serve the public safely.

(b) If an applicant has been arrested, charged or convicted of any criminal offense a determination shall then be made as to whether the arrest, charge or conviction bears a demonstrable relationship to the practice of nursing, in which case licensure may be denied.

(c) If the applicant has past, current or pending disciplinary action in another licensing jurisdiction, the Board shall investigate and may deny licensure.

(d) If the applicant falsifies an application, supplies misleading information or withholds information, such action may be grounds for denial or revocation.

(e) No state constructed examination, challenge examination or other method of licensure examination will be accepted.

(f) The Board shall be the sole judge of all credentials.

(3) General Requirements:

(a) Completed application using forms and instructions provided by the Board, and payment of appropriate fees established by the Board.

(b) Official transcript or credentials evaluation:

(A) Graduates of United States schools of nursing must document graduation or program completion.

(B) Graduates of schools of nursing outside the United States must document graduation and educational equivalency with a credentials evaluation.

(c) Picture Identification:

(A) Passport photograph taken within six months of the date of application;

(B) Submitted on a form, provided by the Board, that has been signed by the applicant;

(C) With photograph and signature of applicant verified by the Dean/Director of school or a Notary Public.

(d) Documentation of successful completion of the examination:

(A) A registered nurse applicant for licensure shall have achieved the following minimum score on the licensure examination:

(i) Between June 1951 up to and including February 1982, a standard score of 350 or above in each of the five test sections comprising the examination;

(ii) Between July 1982 through June 1988, a comprehensive standard minimum score of 1600 or above;

(iii) Beginning February 1989, a designation of a "Pass" score.

(B) A practical nurse applicant for licensure shall have achieved the following minimum standard score on the licensure examination:

(i) Between June 1951 up to and including April 1988, a comprehensive standard score of 350 or above;

(ii) Beginning October 1988, a designation of a "Pass" score.

(e) Documentation of meeting the nursing practice requirement.

(A) 960 hours of nursing practice, at the level of license sought, within the five years immediately preceding application for licensure; or

(B) Graduation from a Board-approved school of nursing or completion of an approved program within the five years immediately preceding application for licensure; or

(C) Completion of an Oregon State Board of Nursing approved reentry program at the level of license sought, within the two years immediately preceding issuance of licensure.

(f) Documentation of English language proficiency by one of the following methods:

(A) Graduation from or completion of an approved program in the United States in which:

(i) All classroom instruction was in English; and

(ii) All nursing textbooks were in English; and

(iii) The preponderance of clinical experience was in English; or

(B) Graduation from a school of nursing outside of the United States in which:

(i) All classroom instruction was in English; and

(ii) All nursing textbooks were in English; and

(iii) The preponderance of clinical experience was in English; or

(C) Documentation of nursing practice, in English, at level of license sought, in another state in the United States, for at least 960 hours, in the two years preceding application for licensure; or

(D) Successful completion of one of the following:

(i) CGFNS Certificate; or

(ii) Passing the Test of English as a Foreign Language (TOEFL) within two years of application for licensure with an overall score as follows:

(a) TOEFL written 560;

(b) TOEFL CBT (computer based test) 220;

(c) TOEFL iBT (internet based test) 83; or

(iii) Passing the Test of English for International Communication (TOEIC) examination within two years of application for licensure with a minimum score of 780; or

(iv) Passing the International English Language Testing System (IELTS) (Academic Module) within two years of application for licensure with an overall score of 6.5 with a minimum of 6.0 all modules; or

(v) VISA screen certificate; or

(vi) Passing the NCLEX examination in another state; or

(vii) Graduation from a post-licensure nursing education program in the United States.

(g) Use of documented legal name for licensure. Documents which may be submitted to document a legal name change include birth certificate, marriage license, court order or decree.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.040, 678.050 & 678.150
Hist.: BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2003, f. & cert. ef. 10-2-03; BN 9-2005, f. & cert. ef. 12-21-05

851-031-0007

State and Nationwide Criminal Records Checks, Fitness Determinations

(1) The purpose of these rules is to provide for the reasonable screening of applicants and licensees in order to determine if they have a history of criminal behavior such that they are not fit to be granted or renewed a license that is issued by the Board.

(2) These rules are to be applied when evaluating the criminal history of an applicant or licensee and conducting fitness determinations based upon such history. The fact that an applicant or licensee has cleared the criminal history check does not guarantee the granting or renewal of a license.

(3) The Board may require fingerprints of all initial applicants for a Registered Nurse (RN), Licensed Practical Nurse (LPN), Nurse Practitioner (NP), Clinical Nurse Specialist (CNS), Certified Registered Nurse Anethestist (CRNA), Certified Nursing Assistant, or Certified Medication Aide license, licensees renewing their license, and licensees under investigation to determine the fitness of an applicant or licensee. (All categories above are referred to as "licensee" for the purpose of these rules.) These fingerprints will be provided on prescribed forms made available by the Board. Fingerprints may be obtained at a law enforcement office or at a private service acceptable to the Board; the Board will submit fingerprints to the Oregon Department of State Police to conduct a National Criminal Records Check. Any original fingerprint cards will subsequently be destroyed by the Oregon Department of State Police.

(4) The Board shall determine whether an applicant or licensee is fit to be granted a license based on the criminal records background check, any false statements made by the applicant or licensee regarding the criminal history of the individual, any refusal to submit or consent to a criminal records check including fingerprint identification, and any other pertinent information obtained as part of an investigation. If an applicant is determined to be unfit, the applicant may not be granted a license. If a licensee is determined to be unfit the licensee's license may not be renewed. The Board may make a fitness determination conditional upon applicant's or licensee's acceptance of probation, conditions, limitations, or other restrictions upon licensure.

(5) Except as otherwise provided in section (2), in making the fitness determination the Board shall consider:

(a) The nature of the crime;

(b) The facts that support the conviction or pending indictment or that indicate the making of the false statement;

(c) The relevancy, if any, of the crime or the false statement to the specific requirements of the applicant's or licensee's present or proposed license; and

(d) Intervening circumstances relevant to the responsibilities and circumstances of the license. Intervening circumstances include but are not limited to:

(A) The passage of time since the commission of the crime;

(B) The age of the applicant or licensee at the time of the crime;

(C) The likelihood of a repetition of offenses or of the commission of another crime;

(D) The subsequent commission of another relevant crime;

(E) Whether the conviction was set aside and the legal effect of setting aside the conviction; and

(F) A recommendation of an employer.

(6) All background checks shall be requested to include available state and national data, unless obtaining one or the other is an acceptable alternative.

(7) In order to conduct the Oregon and National Criminal Records Check and fitness determination, the Board may require additional information from the licensee or applicant as necessary, such as but not limited to, proof of identity; residential history; names used while living at each residence; or additional criminal, judicial or other background information.

(8) Criminal offender information is confidential. Dissemination of information received under House Bill 2157 (2005 Legislative Session) is only to people with a demonstrated and legitimate need to know the information. The information is part of the investigation of an applicant or licensee and as such is confidential pursuant to ORS 678.126.

(9) The Board will permit the individual for whom a fingerprint-based criminal records check was conducted to inspect the individual's own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual's own state and national criminal offender records.

(10) The Board may consider any conviction of any violation of the law for which the court could impose a punishment and in compliance with ORS 670.280. The Board may also consider any arrests and court records that may be indicative of an individual's inability to perform as a licensee with care and safety to the public.

(11) If an applicant or licensee is determined not to be fit for a license, the applicant or licensee is entitled to a contested case process pursuant to ORS 183.414-470. Challenges to the accuracy or completeness of information provided by the Oregon Department of State Police, Federal Bureau of Investigation and agencies reporting information must be made through the Oregon Department of State Police, Federal Bureau of Investigation, or reporting agency and not through the contested case process pursuant to ORS 183.

(12) If the applicant discontinues the application process or fails to cooperate with the criminal records check process, the application is considered incomplete.

Stat. Auth.: ORS 678.150, 678.153
Stats. Implemented: ORS 678.126, 678.153
Hist.: BN 8-2007, f. & cert. ef. 8-14-07

851-031-0010

Licensure by Examination

(1) Eligibility for Licensure by Examination:

(a) An applicant for registered nurse or practical nurse licensure by examination shall meet all standards for eligibility as established in OAR 851-031-0006; and

(b) Graduates of United States schools shall be allowed to take the licensing examination prior to receipt of an official transcript provided that the school has verified, in writing, completion of all requirements for graduation or program completion, including supervised clinical experience at the level of licensure sought. An official transcript shall be on file with the Board before the license is issued.

(2) Limits on Eligibility for Licensure by Examination:

(a) Applicants for licensure by examination who have been previously licensed shall meet the practice and/or reentry requirements as stated in Board rules.

(b) Applicants for initial licensure by examination (not previously licensed in another state or country) shall be permitted to test no more than three years following graduation or program completion.

(c) An applicant who fails to pass the examination in three years shall not be eligible to reapply for licensure by examination, except that the applicant may subsequently enroll and successfully complete an approved program of nursing in order to be eligible to reapply for licensure by examination.

(3) Requirements and Procedures -- Application for Licensure by Examination:

(a) An applicant for registered nurse or practical nurse licensure by examination shall meet all requirements as established in OAR 851-031-0006;

(b) The examination registration and fee shall be filed with the testing service authorized to administer the examination; and

(c) The licensure application and fee shall be filed with the Oregon State Board of Nursing.

(d) A completed application which establishes eligibility for examination shall be valid for the three years of eligibility as described in OAR 851-031-0010(3).

(4) Results of Examination:

(a) Results of the examination shall be reported to the applicant at the applicant's address of record on file.

(b) An applicant who passes the examination shall be granted a license to practice nursing in Oregon provided all other requirements for licensure have been met.

(c) An applicant who fails the licensing examination shall not be licensed or be authorized to practice nursing in Oregon.

(d) Reexamination following one or more failure(s):

(A) An applicant for reexamination shall file the required application and fee with the Board before being eligible to take the examination.

(B) The examination registration and fee shall be filed with the testing service under contract with the National Council of State Boards of Nursing (NCSBN) to develop and administer NCLEX.

(C) An applicant will be permitted to test no sooner than the 46th day following the previous test date.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.040, 678.050 & 678.150
Hist.: NER 25, f. 9-22-75, ef. 10-10-75; NER 3-1978, f. & ef. 6-30-78; NER 15-1980, f. & ef. 3-3-80; NER 5-1981, f. & ef. 11-24-81; NER 4-1983, f. & ef. 12-1-83; NB 5-1987, f. & ef. 7-1-87; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0156; NB 4-1997, f. 3-6-97, cert. ef. 5-1-97; BN 10-1998, f. & cert. ef. 8-7-98; BN 14-1999, f. & cert ef. 12-1-99; BN 7-2000, f. & cert. ef. 7-3-00; BN 5-2001(Temp), f. & cert. ef. 4-3-01 thru 9-25-01; BN 14-2001, f. & cert. ef. 10-16-01; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2003, f. & cert. ef. 10-2-03; BN 12-2003, f. & cert. ef. 12-9-03; BN 15-2006, f. & cert. ef. 11-29-06

851-031-0030

License by Endorsement

(1) Eligibility for License by Endorsement:

(a) Applicant shall meet all standards for eligibility established in 851-031-0006(1)(2)(3); and

(b) Applicant shall be or have been licensed in another state or jurisdiction.

(2) Requirements and procedures for Licensure by Endorsement:

(a) An applicant for registered nurse or practical nurse licensure by endorsement shall meet all requirements as established in OAR 851-031-0006; except the requirement for Picture Identification.

(b) Using instructions provided by the Board, the applicant shall provide for verification of:

(A) Successful completion of an approved examination; and

(B) Licensure status in the current or most recent state of practice.

(c) An application for licensure by endorsement which has not resulted in the issue of a license within one (1) calendar year shall be considered void.

Stat. Auth.: ORS 678.150

Stats. Implemented: ORS 678.040, ORS 678.050 & ORS 678.150

Hist.: NER 25, f. 9-22-75, ef. 10-10-75; NER 5-1981, f. & ef. 11-24-81; NER 4-1978, f. & ef. 6-30-78; NER 4-1980, f. & ef. 3-3-80; NER 5-1981, f. & ef. 11-24-81; NER 6, 1983, f. & ef. 12-9-83; NB 5-1987, f. & ef. 7-1-87; NB 5-1989, f. & cert. ef. 10-4-89; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0171; NB 5-1995(Temp), f. & cert. ef. 6-15-95; NB 10-1995, f. & cert. ef. 10-9-95; BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. & cert. ef. 3-6-03

851-031-0040

Nurses Not Licensed in Oregon Hired to Meet a Temporary Staffing Shortage

(1) Nurses who are hired in Oregon to meet a temporary staffing shortage in a coronary care unit, intensive care unit, emergency department (see ORS 678.031 and 678.034), or in a long term care facility as defined in these rules, and who do not hold a current Oregon license may be temporarily employed if the following conditions are met:

(a) Employer submits written notification to the Board of Nursing by the day the nurse is placed on staff indicating:

(A) Date nurse(s) placed on staff;

(B) Name(s) of nurse(s);

(C) Jurisdiction(s) of current licensure of nurse(s) so hired indicating evidence used to determine current unencumbered licensure;

(D) Nature of staffing shortage; and

(E) There is no labor dispute affecting nurses at the place of employment.

(b) A nurse hired under ORS 678.031(6)(e):

(A) Must apply for an Oregon license to practice nursing (see OAR 851-031-0030) by the day the nurse is placed on staff.

(B) A nurse not applying for an Oregon license by the day placed on staff shall be subject to a civil penalty for practicing nursing without an Oregon license as indicated in OAR 851-045-0025.

(2) The Board shall notify the Oregon Department of Human Resources of any hospital not complying with subsection (1)(a) of this rule or any hospital hiring nurses not complying with subsection (1)(b) of this rule.

(3) The Board shall notify the Department of Human Services of any long term care facility not complying with subsection (1)(a) of this rule or any long term care facility hiring nurses not complying with subsection (1)(b) of this rule.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.031 & ORS 678.150
Hist.: NER 1-1986, f. & ef. 4-3-86; NER 2-1986, f. & ef. 4-9-86; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0172; BN 10-1998, f. & cert. ef. 8-7-98; BN 2-2002, f. & cert. ef. 3-5-02; BN 1-2003, f. & cert. ef. 3-6-03

851-031-0045

Limited License for Certain Students in Oregon Educational Programs

(1) RNs from other countries who enroll for graduate study in Oregon.

(a) Required licensure:

(A) When the nature of the graduate program includes no clinical component or a clinical component which requires no direct patient care, the international nurse is required to hold either a limited or full Oregon RN license.

(B) When the nature of the graduate program includes a clinical component with direct patient care experience (e.g. nurse practitioner programs) an Oregon RN license is required prior to clinical experience.

(b) Limited License Requirements:

(A) Completed application using forms and instructions provided by the Board and payment of appropriate fees established by the Board.

(B) Graduation from an educational program that is equivalent to nursing education in the United States documented by a Board approved credentials evaluation service.

(C) Demonstration of English language proficiency by one of the following methods:

(i) Pass an English language proficiency test that meets the standards as defined in OAR 851-031-0006(3)(f)(D)(ii) (iii) or (iv); or

(ii) Documentation of holding a Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate; or

(iii) Graduation from a school of nursing outside of the United States in which all classroom instruction was in English; and all nursing textbooks were in English; and the preponderance of clinical experience was in English; or

(iv) Documentation of practice as a registered nurse, in English, in another state in the United States, for at least 960 hours, in the two years preceding application for licensure.

(D) A passing score on the licensing examination as defined in OAR 851-031-0005(10) or on the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination.

(c) Limited licenses issued under this section shall be valid for a period of two years from the date of issuance. After that period, the limited license may be extended annually for a one year period upon application by licensee, payment of the appropriate fee, and demonstration of continued enrollment in the graduate program.

(d) The limited license issued under this section is to be used only for study in the graduate program.

(2) RNs from other countries who seek short term educational experience in Oregon:

(a) Required licensure:

(A) When the nature of the short-term educational experience includes the practice of nursing, the international nurse is required to hold a limited RN license.

(B) When the nature of the short-term educational experience is observation only, the international nurse does not require an Oregon license. “Observation only” means that the individual is not responsible for nor a participant in any aspect of nursing practice.

(b) Limited license requirements:

(A) Completed application using forms and instructions provided by the Board and payment of appropriate fees.

(B) Demonstration of English language proficiency by one of the following methods:

(i) Pass an English language proficiency test that meets the standards as defined in OAR 851-031-0006(3)(f)(D)(ii) (iii) or (iv); or

(ii) Documentation of holding a Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate; or

(iii) Graduation from a school of nursing outside of the United States in which all classroom instruction was in English; and all nursing textbooks were in English; and the preponderance of clinical experience was in English; or

(iv) Documentation of practice as a registered nurse, in English, in another state in the United States, for at least 960 hours, in the two years preceding application for licensure.

(C) Graduation from an educational program that is equivalent to nursing education in the United States documented by a Board approved credentials evaluation service.

(D) A passing score on the licensing examination as defined in OAR 851-031-0005(10) or on the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination.

(E) A contract with an organization or agency in Oregon for a planned learning experience including at least the planned learning outcomes, dates for the experience, and how the outcomes will be achieved.

(c) Limited licenses issued under this section shall be valid for practice only within the contracted learning experience, and shall be issued to the last date of the learning contract up to a maximum of six months.

(3) Students from other countries in established exchange programs with Oregon schools:

(a) When a nursing student from another country engages in clinical experience as part of an established exchange program, a limited license is required.

(b) Limited license requirements:

(A) Completed application using forms and instructions provided by the Board and payment of appropriate fees established by the Board;

(B) Enrollment in a pre-licensure nursing program in another country;

(C) Acceptance by an approved Oregon nursing program for exchange experience; and

(D) Demonstration of English language proficiency by one of the following methods:

(i) Pass an English language proficiency test that meets the standards as defined in OAR 851-031-0006(3)(f)(D)(ii) (iii) or (iv); or

(ii) Documentation of holding a Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate; or

(iii) Graduation from a school of nursing outside of the United States in which all classroom instruction was in English; and all nursing textbooks were in English; and the preponderance of clinical experience was in English; or

(iv) Documentation of practice as a registered nurse, in English, in another state in the United States, for at least 960 hours, in the two years preceding application for licensure.

(c) Limited licenses issued under this section shall be valid only for student experience within the exchange program, and shall be valid for the term of the exchange agreement up to a maximum of one year.

(4) RNs from other countries enrolled in Oregon-approved re-entry program for internationally-educated nurses

(a) Required licensure:

(A) When the nature of the educational experience includes the practice of nursing, the international nurse is required to hold an Oregon issued limited license.

(B) When the nature of the educational experience is classroom-based, skills/simulation laboratory-based, or observational only, the international nurse does not require an Oregon issued license.

(b) Limited license requirements:

(A) Completed application using forms and instructions provided by the Board and payment of applicable fees.

(B) Demonstration of English language proficiency as stated in OAR 851-031-0006(3)(f)

(C) Graduation from an educational program that is equivalent to nursing education in the United States documented by a Board approved credentials evaluation service.

(D) Evidence of current enrollment in a Board approved re-entry program for internationally-educated nurses.

(c) Limited licenses issued under this section shall be valid for practice only within the planned curriculum. The limited license expires on successful completion of the re-entry program, on withdrawal from the re-entry program, or in one year, whichever comes first. At the discretion of the Board, an extension of the limited license may be granted upon written request from the limited license holder or re-entry program director and submission of a fee.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.040, 678.050, 678.101, 678.150 & 678.410
Hist.: BN 11-1999. f. & cert. ef. 12-1-99; BN 6-2000, f. & cert. ef. 4-24-00; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2005, f. & cert. ef. 12-21-05; BN 18-2010, f. & cert. ef. 11-29-10

851-031-0060

Renewal of License

(1) Eligibility for Renewal of License:

(a) An applicant for renewal of license shall meet the practice requirement as established in OAR 851-031-0006(3)(e).

(b) An applicant for renewal of license who does not meet the practice requirement, and who is otherwise eligible for renewal, may satisfy the practice requirement through successful completion of a Board approved re-entry program with a limited license for the clinical portion of the program pursuant to OAR 851-031-0070 and 851-030-0080.

(2) Requirements and procedures for renewal of license:

(a) The licensee shall submit, prior to the expiration date as set forth in ORS 678.101, an application and fee as prescribed by the Board. An application for renewal not completed within two calendar years shall be considered void.

(b) The licensee shall answer all mandatory questions on the renewal form concerning employment and education.

(c) A renewal application and fee postmarked up to 60 days following expiration of the license, shall be considered delinquent and the applicant shall pay the delinquent fee.

(d) A renewal application and fee postmarked 61 or more days following expiration shall be considered a request for reactivation.

(3) Reactivation of license. An applicant for reactivation of license shall:

(a) Submit a completed application and fee, including the delinquent fee;

(b) Meet the nursing practice requirement as set forth in OAR 851-031-0006(3)(e); and

(c) Submit written verification of license from the most recent state of practice if licensed in another state since Oregon license has expired.

(4) Reinstatement. An applicant for reinstatement of license shall:

(a) Submit evidence that Board has issued an Order for reinstatement;

(b) Submit a completed application and fee, including the delinquent fee;

(c) Meet the nursing practice requirement as set forth in OAR 851-031-0006(3)(e); and

(d) Submit written verification of license in the most recent state of practice if licensed in another state since Oregon license has expired.

(5) If a licensee fails to make application for renewal on or before the deadline prescribed, the license shall be considered delinquent:

(a) In order to reinstate a delinquent license, a delinquent fee in addition to a renewal fee shall be required as prescribed by the Board.

(b) In addition, the delinquent licensee may be required to engage in a re-entry program as defined in OAR 851-031-0070 and 851-031-0080.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.021, ORS 678.040, ORS 678.101 & ORS 678.150
Hist.: NER 25, f. 9-22-75, ef. 10-10-75; NER 3-1980, f. & ef. 3-3-80; NER 5-1981, f. & ef. 11-24-81; NB 5-1987, f. & ef. 7-1-87; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0186; NB 12-1997, f. & cert. ef. 9-29-97; BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2003, f. & cert. ef. 10-2-03

851-031-0070

Re-entry into Nursing

(1) An applicant who has worked as a licensed or credentialed nurse and meets all standards of eligibility established in OAR 851-031-0006(1), (2) & (3) except OAR 851-031-0006(3)(d)(e) must complete an approved re-entry program or individualized plan and provide evidence of successful completion of the licensing examination, prior to issuance of a license to practice. The applicant shall:

(a) Provide documentation of having successfully completed within the two years preceding issuance of the license:

(A) A Board-approved re-entry program (as specified in OAR 851-031-0045, OAR 851-031-0080), or

(B) An individualized re-entry plan as specified in OAR 851-031-0070(4).

(b) Satisfactorily complete required supervised clinical practice as specified in OAR 851-031-0070(2).

(c) Provide documentation of successful completion of the licensing examination as defined in 851-031-0006(3)(d).

(2) Standards for supervised clinical practice. The nurse shall obtain a limited license to practice prior to engaging in supervised clinical practice.

(a) Supervised clinical practice for nursing re-entry shall be in the student role and unpaid.

(b) A nurse who has less than 960 hours of nursing practice in the five-year period immediately preceding application for licensure shall complete a re-entry program or individualized plan that includes a minimum of 160 hours of supervised clinical practice.

(c) Up to 160 additional hours of supervised clinical practice may be required when recommended to the Board by the re-entry program director, nurse preceptor or nurse manager/supervisor. Additional required supervised clinical practice is subject to the availability of a qualified preceptor, willingness of the facility to provide the experience, and availability of the program director to supervise/coordinate the experience.

(3) Standards for the limited license for re-entry.

(a) The limited license may be issued to a nurse who:

(A) Meets all requirements for licensure except for completion of the re-entry requirement;

(B) Submits verification of enrollment in an approved re-entry program; or

(C) Received Board approval of an individualized re-entry plan.

(b) A limited license issued under these rules is to be used only for completion of an approved re-entry program or individualized re-entry plan, and required supervised clinical practice for re-entry.

(c) The limited license expires on successful completion of the re-entry program or individualized plan, on withdrawal from an approved re-entry program or individualized plan, or in one year, whichever comes first. At the discretion of the Board, a one-year extension of the limited license may be granted on written request and submission of a fee.

(d) An applicant who fails to successfully complete the re-entry program or individualized re-entry plan and required supervised clinical experience may reapply for licensure, re-entry, and a limited license. The applicant is required to complete all requirements set forth in OAR 851-031-0070(1), (2).

(4) Standards for individualized re-entry plans. The nurse choosing to complete an individualized plan for re-entry shall submit, in writing, the following for Board approval:

(a) Summary of nursing education and practice with rationale for use of an individualized plan for re-entry into nursing practice;

(b) Anticipated timeframe for completing all required components, including acquisition/demonstration of current knowledge and required supervised clinical practice;

(c) Clinical competencies/outcomes to be achieved and the mechanism for evaluating competence in nursing practice on completion of the plan;

(d) Plan for obtaining and demonstrating knowledge/competence in nursing, as identified in OAR 851-031-0080(2)(c);

(e) Plan for obtaining required hours of supervised clinical practice as specified in OAR 851-031-0070(2). The plan shall identify:

(A) The agency or agencies and contact person(s) where required supervised clinical experience will be obtained. A signed contract/agreement with each agency is required. The contract/agreement shall include but is not limited to:

(i) Learning objectives/outcomes for the re-entry experience;

(ii) Provisions for client and re-entry nurse safety;

(iii) Unit(s) on which the experience is to occur with the name of the preceptor on each unit, if applicable;

(iv) A provision allowing the agency to nullify the contact/agreement in the event of client safety issues.

(B) The name and credentials of the registered nurse preceptor(s). Each nurse preceptor shall:

(i) Hold a current unencumbered registered nursing license in Oregon.

(ii) Agree to directly supervise and evaluate the re-entry nurse;

(iii) Have no less than two years of registered nursing experience, of which at least six months shall be in the setting in which the clinical experience is to occur; and

(iv) Be recommended by the nurse executive or immediate supervisor in that setting.

(f) Documentation of successful completion of the individualized re-entry plan shall be provided in writing, and shall include:

(A) Completion of program objectives/outcomes;

(B) Completion of required supervised clinical practice hours;

(C) Achievement of predetermined competencies;

(D) Recommendation for licensure by clinical preceptor and nurse manager.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.113 & 678.150
Hist.: NER 25, f. 9-22-75, ef. 10-10-75; NER 2-1980, f. & ef. 3-3-80; NER 5-1981, f. & ef. 11-24-81; NER 6, 1983, f. & ef. 12-9-83; NB 5-1987, f. & ef. 7-1-87; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0187; NB 12-1997, f. & cert. ef. 9-29-97; BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2003, f. & cert. ef. 10-2-03; BN 12-2006, f. & cert. ef. 10-5-06; BN 18-2010, f. & cert. ef. 11-29-10

851-031-0080

Standards for Re-Entry Programs

(1) Re-entry programs shall be approved by the Board before their implementation and at least every 5 years thereafter.

(a) An application for program approval shall include:

(A) The intended size and type of re-entry program;

(B) A written program plan addressing the standards for approval in OAR 851-031-0080(2);

(C) Projected number and type of faculty;

(D) Description and availability of educational and clinical practice facilities and resources, as appropriate; and

(b) Program changes requiring Board approval:

(A) Change in program director;

(B) Major change in curriculum or instructional design;

(C) Intent to close or substantially reduce program enrollment.

(2) Standards for Approval:

(a) Faculty qualifications:

(A) The program director, each instructor, clinical instructor, and clinical preceptor shall hold a current unencumbered license to practice as a registered nurse in Oregon.

(B) The re-entry program director and all instructors newly appointed after January 2, 2007 shall have:

(i) A minimum of a bachelor's degree in nursing,

(ii) No less than three years of registered nursing experience;

(iii) Evidence of academic and/or experiential preparation for teaching.

(C) Each clinical instructor shall have no less than three years of registered nursing experience and evidence of academic preparation or experience in education.

(D) Each clinical preceptor shall:

(i) Agree to directly supervise and evaluate the re-entry nurse;

(ii) Have no less than two years of registered nursing experience, of which at least six months shall be in the setting in which the clinical experience is to occur;

(iii) Be recommended by the nurse executive or immediate supervisor in that setting.

(b) Faculty Responsibilities. The faculty shall:

(A) Plan, implement, evaluate, and revise the educational program;

(B) Select and evaluate clinical facilities for supervised clinical practice;

(C) Develop and use written examinations and clinical performance measures based on the registered or practical nurse scope of practice to evaluate student achievement of program objectives/required competencies;

(D) Develop, implement, and evaluate policies related to student admission, retention, and progression, and polices related to program operations;

(E) Provide for student evaluation of the program.

(c) Curriculum

(A) Curriculum shall be consistent with the law governing the practice of nursing as defined in division 45 and division 47 of the Nurse Practice Act.

(B) Curriculum plan shall identify:

(i) Course length, methods of instruction, and planned learning experiences;

(ii) Course content and practice requirements for completion of the program;

(iii) Competencies achieved on completion of the program.

(C) The curriculum shall include, but not be limited to, a minimum of 120 hours instruction in current nursing practice, encompassing:

(i) The scope of nursing practice, legal/ethical perspectives, the current health care system, and working within interdisciplinary teams;

(ii) The nursing process, critical thinking, prioritizing, decision-making, and cultural competence in nursing practice;

(iii) The prescribing/directing, management, assignment, and supervision of nursing care;

(iv) Nursing care of clients with alterations in body systems;

(v) Current nursing procedures and processes including use of technology in patient management, nursing practice and documentation;

(vi) Comprehensive nursing assessment;

(vii) Documentation including legal aspects of documentation;

(viii) Application of pharmacologic knowledge and administration of medications.

(d) Supervised clinical practice:

(A) The student shall hold a current full or limited license at the level for which the re-entry course is being taken prior to engaging in supervised clinical practice to meet competency requirements.

(B) Supervised clinical practice shall be appropriate to the student's level of licensure and plan for competency development;

(C) Prior to required supervised clinical practice, the facility shall provide relevant orientation appropriate to the planned clinical experience;

(D) Instructor-supervised clinical practice may be provided.

(E) The faculty-to-student ratio for instructor-supervised clinical practice shall be no greater than 1:9. A lower ratio shall apply when dictated by student/client safety and learning effectiveness.

(e) Documentation of successful completion of the re-entry program shall include:

(A) Completion of program objectives/outcomes;

(B) Completion of required supervised clinical practice hours;

(C) Achievement of predetermined competencies;

(D) Recommendation for licensure by the re-entry program director and the clinical preceptor.

(f) The program shall notify the Board in writing on each student's successful completion of the program, withdrawal from the program prior to completion, or failure to meet required objectives/competencies.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.113 & 678.150
Hist.: NB 5-1987, f. & ef. 7-1-87; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0189; NB 12-1997, f. & cert. ef. 9-29-97; BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. & cert. ef. 3-6-03; BN 12-2006, f. & cert. ef. 10-5-06

851-031-0085

Inactive Nurse

(1) Inactive Nurse status does not authorize nursing practice, either for compensation or as a volunteer or the use of the title "nurse". A full license to practice nursing is required to practice nursing in Oregon.

(2) A nurse currently licensed in good standing in Oregon may apply for Inactive Nurse status.

(3) To receive Inactive Nurse status a nurse shall:

(a) Request inactive status; and

(b) Notify the Board of the reason for requesting this status; and

(c) Sign a disclaimer acknowledging that Inactive Nurse status is not an authorization to practice nursing.

(4) To reactivate a license from Inactive Nurse status a nurse must:

(a) Meet all requirements for licensure.

(b) Provide nursing history if applicable. A nurse who does not meet the nursing practice requirement is required to complete the re-entry requirements specified in Board rules.

(c) Pay fee established by the Board.

(5) For two (2) years from the effective date of these rules, a nurse whose license has expired within the last two (2) years may apply for Inactive Nurse status by meeting the requirements of 851-031-0085(3).

Stat. Auth.: ORS 678.021, ORS 678.031
Stats. Implemented: ORS 678.021, ORS 678.031
Hist.: BN 1-2003, f. & cert. ef. 3-6-03

851-031-0086

Retired Oregon Nurse Status

(1) A nurse currently or previously licensed in good standing in Oregon is eligible to apply for Retired Nurse status if the nurse held an unencumbered Oregon nursing license.

(2) All licenses shall be retired simultaneously.

(3) To receive Retired Nurse status a nurse shall:

(a) Hold a current unencumbered license to practice nursing in Oregon; or

(b) Have been licensed in good standing in Oregon; and

(c) Indicate an intent to retire from nursing practice; and

(d) Apply using forms and instructions provided by the Board; and

(e) Sign a disclaimer acknowledging that Retired Nurse status is not an authorization to practice nursing; and

(4) A nurse with Retired Nurse Status must indicate “Retired” when using the title nurse. (e.g. RN, Retired, LPN, Retired, NP, Retired, CNS, Retired, CRNA, Retired).

Stat. Auth: ORS 678.031 – 678.050
Stats. Implemented: ORS 678.031 & 678.050
Hist.: BN 17-2002, f. & cert. ef. 10-18-02; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2010, f. & cert. ef. 6-25-10

851-031-0088

Registered Nurse First Assistant Status

(1) The Board shall maintain a registry of Registered Nurse First Assistants.

(2) Oregon Registered Nurses may apply for placement on the registry pursuant to ORS 678.366.

(3) An applicant for initial placement on the registry shall:

(a) Hold a current, unencumbered Registered Nurse license in the State of Oregon;

(b) Submit a registry application; and

(c) Submit evidence of current certification as a Registered Nurse First Assistant from a Board-approved national certifying body; or

(d) Submit evidence of current certification as a Certified Operating Room Nurse (CNOR); and

(e) Submit documentation showing successful completion of a Registered Nurse First Assistant program which meets the Association of PeriOperative Registered Nurses' "AORN Recommended Education Standards for RN First Assistant Programs" as stated in the 2005 AORN Standards, Recommended Practices, and Guidelines.

(4) To maintain placement on the registry an applicant shall:

(a) Submit the registry application and evidence of current certification as a Registered Nurse First Assistant from a Board-approved national certifying body; or

(b) Submit the registry application and evidence of current certification as a CNOR.

Stat. Auth.: ORS 678.021 & 678.040
Stats. Implemented: ORS 678.021 & 678.040
Hist.: BN 1-2006, f. & cert. ef. 2-22-06

851-031-0090

Name, Address and Employer of Record

(1) Name of Record:

(a) A licensee of the Board shall establish and keep his/her current legal name on file with the Board at all times.

(b) The name currently on file with the Board shall be considered the name of record.

(c) At the time of a name change, the licensee shall send a signed, written notification of change of name to the Board, accompanied by legal proof of that name change. Legal proof shall be in the form of official records such as a birth certificate, marriage certificate or a court order/decree.

(d) Upon receipt of written notification and legal proof of name change, the Board will change its records to reflect the licensee's name change.

(e) The name of record shall be the same name used for nursing practice.

(2) Address of Record:

(a) Licensee shall keep his/her current home address on file with the Board at all times.

(b) The home address currently on file with the Board shall be considered the address of record.

(c) Upon receipt of notification from the licensee of a change of home address, the Board will change its records to reflect the licensee's current address.

(d) The Board will send all correspondence, the Board Newsletter and all official documents, including license renewal notices and Notices of Proposed Disciplinary Action to the licensee's address of record with the Board.

(e) A Notice of Proposed Disciplinary Action sent to the licensee at the licensee's address of record by certified mail or registered mail, is sufficient notice even if the licensee fails to or refuses to respond to the postal service "return receipt" and never receives the Notice. Such mailing permits the Board to proceed with disciplinary action in the absence of a request for a hearing.

(3) Employer of Record: Any licensed nurse actively practicing nursing shall report his/her current nursing employer(s) and employer’s mailing address(es) to the Board. All employers, where the licensed nurse is working within his/her given scope of practice, must be reported. Each change in employer and employer’s mailing address must be submitted to the Board no later than 30 days after the change.

Stat. Auth.: ORS 678.150
Stats. Implemented: ORS 678.150
Hist.: NER 25, f. 9-22-75, ef. 10-10-75; NER 5-1981, f. & ef. 11-24-81; NER 6, 1983, f. & ef. 12-9-83; NB 5-1987, f. & ef. 7-1-87; NB 1-1994, f. & cert. ef. 4-1-94; Renumbered from 851-020-0191; BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. & cert. ef. 3-6-03; BN 3-2009, f. & cert. ef. 6-26-09

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