(b) Of the 12 members of the board:
(A) Six must be hospital nurse managers;
(B) Five must be direct care registered nurses who work in hospitals; and
(C) One must be either a direct care registered nurse who works in a hospital or a direct care staff member who is not a registered nurse and whose services are covered by a written hospital-wide staffing plan that meets the requirements of ORS 441.155.
(c) To the extent practicable, board members shall be appointed to ensure that the board is represented by members from hospitals where direct care staff are represented under a collective bargaining agreement and hospitals where direct care staff are not represented by a collective bargaining agreement and by hospitals of different sizes, types and geographic location.
(d) The term of office of each board member is three years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins January 1 next following. A member is eligible for reappointment, but may not serve more than two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(2) The board shall:
(a) Provide advice to the authority on the administration of ORS 441.152 to 441.177;
(b) Identify trends, opportunities and concerns related to nurse staffing;
(c) Make recommendations to the authority on the basis of those trends, opportunities and concerns; and
(d) Review the authority’s enforcement powers and processes under ORS 441.157, 441.171 and 441.177.
(3)(a) Upon request, the authority shall provide the board with written hospital-wide staffing plans implemented under ORS 441.155, reviews conducted under ORS 441.156, information obtained during an audit under ORS 441.157 and complaints filed and investigations conducted as described in ORS 441.171.
(b) The authority may not provide the board with any information under paragraph (a) of this subsection that is identifiable with a specific hospital unless the information is publicly available.
(c) Hospital-wide staffing plans provided to the board under this section are confidential and not subject to public disclosure.
(4) A majority of the members of the board constitutes a quorum for the transaction of business.
(5) The board shall have two cochairs selected by the Governor. One cochair shall be a hospital nurse manager and one cochair shall be a direct care registered nurse.
(6) Official action by the board requires the approval of a majority of the members of the board.
(7) The board shall meet:
(a) At least once every three months; and
(b) At any time and place specified by the call of both cochairs.
(8) The board may adopt rules necessary to for the operation of the board.
(9) The board shall submit a report on the administration of ORS 441.152 to 441.177 in the manner provided in ORS 192.245 to an interim committee of the Legislative Assembly related to health no later than September 15 of each year. The board may include in its report recommendations for legislation.
(10) Members of the board are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses shall be paid out of funds appropriated to the authority for purposes of the board. [2015 c.669 §2]
Note: 441.152 to 441.177 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 441 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Chapter 441 - Health Care Facilities
Section 441.020 - Application; fees; rules.
Section 441.021 - Additional fees for investigation and compliance activities.
Section 441.025 - License issuance; rules; renewal; disclosure; transfer; posting.
Section 441.026 - Licensing of extended stay centers; rules.
Section 441.037 - Hearings; procedures; judicial review.
Section 441.038 - Additional remedies.
Section 441.044 - Complaints about standard of care in facility; retaliation prohibited; rules.
Section 441.049 - Support persons for patients with disabilities.
Section 441.051 - Discharge of patient to care of lay caregiver.
Section 441.053 - Release of patient presenting with behavioral health crisis.
Section 441.054 - Discharge of patients receiving mental health treatment.
Section 441.055 - Health care facility medical staff and bylaws; rules.
Section 441.056 - Credentialing telemedicine providers; rules.
Section 441.060 - Inspections; approval of plans and specifications; rules; fees.
Section 441.062 - Coordination of inspections; rules.
Section 441.065 - Exemption of certain religious institutions.
Section 441.067 - Inspection reports, complaint procedures and rules; posting.
Section 441.073 - Rules regarding staff ratio in long term care facilities; variances; posting.
Section 441.079 - Eye, organ and tissue transplants.
Section 441.084 - Choice of patient on suppliers of drugs and supplies.
Section 441.086 - Ambulatory surgical centers; rules.
Section 441.087 - General inspection of long term care facility.
Section 441.094 - Denial of emergency medical services because of inability to pay prohibited.
Section 441.096 - Identification badges.
Section 441.099 - Health Licensing Office to ensure compliance with ORS 441.098.
Section 441.101 - Safeguards for protected health information; rules.
Section 441.151 - "Hospital" defined for ORS 441.152 to 441.177.
Section 441.152 - Nurse Staffing Advisory Board.
Section 441.154 - Hospital nurse staffing committee.
Section 441.155 - Written staffing plan for nursing services.
Section 441.156 - Annual review of nurse staffing plan.
Section 441.164 - Variances to staffing plan requirements.
Section 441.165 - Modification of nurse staffing plan in case of emergency or epidemic.
Section 441.166 - Need for replacement staff.
Section 441.168 - Leaving a patient care assignment.
Section 441.169 - Public notice.
Section 441.171 - Complaint investigations.
Section 441.173 - Hospital to maintain records; rules.
Section 441.175 - Civil penalties; suspension or revocation of license; rules; records.
Section 441.177 - Posting of audit reports and civil penalties.
Section 441.179 - Definitions for ORS 441.179 to 441.186.
Section 441.181 - Retaliation prohibited.
Section 441.183 - Remedies for retaliation.
Section 441.184 - Unlawful employment practices; civil action for retaliation.
Section 441.185 - Hospital posting of notice.
Section 441.186 - Rights, privileges or remedies of nursing staff.
Section 441.192 - Notice of employment outside of hospital.
Section 441.221 - Advisory Committee on Physician Credentialing Information; membership; terms.
Section 441.222 - Committee recommendations.
Section 441.223 - Implementation of committee recommendations; rules.
Section 441.277 - Definitions for ORS 441.277 to 441.323.
Section 441.281 - Petition for appointment of trustee; hearing; order.
Section 441.286 - Grounds for appointment of trustee.
Section 441.289 - Powers and duties of trustee.
Section 441.293 - Liability to trustee for goods and services after notice; effect of nonpayment.
Section 441.296 - Liability for rent or contracts.
Section 441.309 - Trustee as public employee.
Section 441.316 - Termination of trust; extension; license revocation.
Section 441.318 - Trustee accounting; deficiencies; lien.
Section 441.331 - Definition of "facility" for ORS 441.331 to 441.341.
Section 441.333 - Appointment of temporary manager.
Section 441.336 - Accounting by temporary manager; deficiencies; lien.
Section 441.338 - Temporary manager as agent of state agency.
Section 441.357 - Definitions for ORS 441.357 to 441.367.
Section 441.402 - Definitions for ORS 441.402 to 441.419.
Section 441.406 - Duties of ombudsman; rules.
Section 441.407 - Procedures to maintain confidentiality.
Section 441.408 - Right of entry into facilities and access to records.
Section 441.409 - Report after investigation; referral to other agencies.
Section 441.411 - Notice of complaint procedures; posting.
Section 441.412 - Immunity of employees.
Section 441.413 - Appointment of designees; qualifications; duties.
Section 441.418 - Appeal to Residential Ombudsman and Public Guardianship Advisory Board.
Section 441.525 - Definitions for ORS 441.525 to 441.595.
Section 441.535 - Procedure to create public authority.
Section 441.540 - Board of directors; rules; conflict of interest; quorum; personnel.
Section 441.550 - General powers.
Section 441.555 - Issuance of revenue obligations; nature of obligation; refunding.
Section 441.595 - Construction of ORS 441.525 to 441.595.
Section 441.600 - Definitions for ORS 441.600 to 441.625.
Section 441.605 - Legislative declaration of rights intended for residents.
Section 441.610 - Nursing home patients’ bill of rights; rules.
Section 441.612 - Additional rights; rules.
Section 441.615 - Powers and responsibilities of department; rules.
Section 441.630 - Definitions for ORS 441.630 to 441.680.
Section 441.637 - Rules; submission of rules to advisory group.
Section 441.640 - Report of suspected abuse of resident required.
Section 441.645 - Oral report to area agency on aging, department or law enforcement agency.
Section 441.655 - Immunity for reporter of abuse.
Section 441.659 - Disclosure of protected health information to law enforcement.
Section 441.660 - Photographing resident; photograph as record.
Section 441.665 - Record of reports; classification of investigation report.
Section 441.671 - Confidentiality of reports; when available.
Section 441.674 - Specified evidentiary privileges inapplicable.
Section 441.676 - Investigation of licensing violations; powers of investigator.
Section 441.679 - Preemployment inquiries; when employment prohibited.
Section 441.685 - Monitors; designation; duties; peer review of facilities.
Section 441.695 - Conduct of investigation.
Section 441.700 - Access to facilities by persons providing services.
Section 441.703 - Complaint file; summary; availability on request.
Section 441.705 - Definitions for ORS 441.705 to 441.745.
Section 441.710 - Civil penalties; when imposed.
Section 441.712 - Notice of civil penalty.
Section 441.715 - Criteria for civil penalties; rules.
Section 441.720 - Remittance or reduction of penalties.
Section 441.726 - Progressive enforcement process.
Section 441.731 - Civil penalties.
Section 441.736 - License conditions.
Section 441.740 - Judicial review.
Section 441.745 - Penalties to Quality Care Fund.
Section 441.755 - Report form; contents.
Section 441.816 - Influenza vaccines for patients 65 years of age or older; rules.
Section 441.990 - Civil and criminal penalties.
Section 441.991 - Civil penalty for violation of ORS 441.098.
Section 441.992 - Civil penalty for violation of ORS 441.048 or 441.049.