Oregon Administrative Rules Chapter 851 - BOARD OF NURSING
Oregon Administrative Rules Chapter 851 — Board of Nursing
Overview
The Board of Nursing under Oregon Administrative Rules Chapter 851 is the administrative agency responsible for:
Licensing and regulating nurses in Oregon (registered nurses, licensed practical nurses, nurse practitioners, etc.).
Setting professional standards and requirements for nursing practice.
Investigating complaints against nurses.
Disciplining licensees for violations of professional conduct or incompetence.
Ensuring public safety and quality of healthcare through regulation of the nursing profession.
Functions and Powers of the Board of Nursing
Licensing and Certification:
The Board issues and renews licenses to qualified nursing professionals, ensuring they meet educational, training, and examination standards.
Rulemaking:
The Board creates rules regarding nursing education, practice standards, continuing education, and ethical conduct.
Complaint Investigation and Discipline:
It investigates allegations of misconduct, negligence, or unethical behavior and can impose sanctions, including license suspension or revocation.
Monitoring Compliance:
Ensures nurses comply with continuing education and practice requirements.
Legal Principles Governing the Board of Nursing
Administrative Authority
The Board acts within the scope granted by its administrative rules and underlying delegation of authority.
Due Process and Fair Hearing
Licensees have the right to fair notice and a hearing before disciplinary action is taken.
Reasonableness and Evidence
Board decisions must be supported by substantial evidence and not arbitrary or capricious.
Public Interest and Safety
The Board’s primary purpose is to protect public health and safety by enforcing professional standards.
Illustrative Case Law Examples
🔹 Case 1: License Suspension for Professional Misconduct
Facts:
A nurse was accused of violating professional standards by administering incorrect medication leading to patient harm.
Issue:
Was the Board justified in suspending the nurse’s license?
Holding:
The court upheld the Board’s suspension, finding that substantial evidence supported the charge and the action was necessary to protect the public.
Principle:
Regulatory boards may suspend licenses when credible evidence shows professional misconduct that endangers public safety.
🔹 Case 2: Due Process in Disciplinary Hearing
Facts:
A nurse was disciplined without a formal hearing or opportunity to present a defense.
Issue:
Did the Board violate due process?
Holding:
Yes. The court ruled that the nurse was entitled to notice and a fair hearing before disciplinary action.
Principle:
Licensees must be afforded procedural due process, including notice and an opportunity to be heard.
🔹 Case 3: Arbitrary and Capricious Decision
Facts:
The Board revoked a nurse’s license based on vague allegations without concrete evidence.
Issue:
Was the decision valid?
Holding:
The court found the revocation arbitrary and capricious and reinstated the nurse’s license.
Principle:
Boards must base disciplinary decisions on substantial and clear evidence.
🔹 Case 4: Scope of Practice and Board Rules
Facts:
A nurse practiced a procedure not explicitly authorized under the Board’s rules.
Issue:
Did the nurse violate the Board’s authority?
Holding:
The court held that the nurse exceeded the scope of practice as defined by the Board’s rules and could be disciplined.
Principle:
Nurses must adhere strictly to scope-of-practice rules set by regulatory authorities.
Summary Table
| Aspect | Description |
|---|---|
| Licensing | Issue and renewal of nursing licenses |
| Rulemaking | Set standards for education and practice |
| Disciplinary Actions | Investigate and sanction misconduct |
| Due Process | Provide fair hearings before discipline |
| Evidence Standard | Decisions must be based on substantial evidence |
| Public Safety Focus | Protect patients and ensure quality nursing care |
Conclusion
The Oregon Board of Nursing under Chapter 851 plays a critical role in regulating nursing practice, maintaining professional standards, and protecting the public. It operates under administrative law principles that ensure its decisions are fair, reasonable, and evidence-based. Nurses subject to the Board’s authority enjoy due process protections, especially in disciplinary proceedings.
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