Oregon Administrative Rules Chapter 851 - BOARD OF NURSING
Overview of Oregon Administrative Rules Chapter 851 — Board of Nursing
OAR Chapter 851 governs the licensing, regulation, and discipline of nursing professionals in Oregon. The rules are promulgated under the authority of the Oregon State Board of Nursing (OSBN), which is responsible for overseeing the practice of registered nurses (RNs), licensed practical nurses (LPNs), nurse practitioners, and other nursing roles within the state.
The chapter sets forth detailed administrative rules concerning:
Licensure requirements and procedures
Scope of nursing practice
Continuing education and renewal
Professional conduct and ethics
Complaints, investigations, and disciplinary processes
The primary purpose of these rules is to protect public health and safety by ensuring that nurses practicing in Oregon meet minimum competency standards and adhere to professional and ethical guidelines.
Key Provisions of OAR Chapter 851
1. Licensure Requirements (Sections 001-020)
Applicants must meet education and examination requirements established by the Board.
Includes provisions for endorsement of nurses licensed in other states, temporary permits, and reinstatement of expired licenses.
Criminal background checks and verification of good standing are required.
2. Scope of Practice (Sections 030-070)
Defines the legal scope of practice for RNs, LPNs, and nurse practitioners.
Specifies permissible nursing activities, delegation parameters, and advanced practice roles.
Requires compliance with accepted nursing standards and protocols.
3. Continuing Education and Renewal (Sections 080-100)
Nurses must complete continuing education to renew licenses periodically.
Specifies required hours, acceptable topics, and documentation procedures.
Provides for inactive status and reinstatement conditions.
4. Professional Conduct and Ethics (Sections 110-140)
Sets standards for professional behavior, confidentiality, patient rights, and ethical practice.
Prohibits fraud, misrepresentation, substance abuse, and unsafe practices.
5. Complaints, Investigations, and Discipline (Sections 150-200)
Outlines procedures for filing complaints against nurses.
Authorizes investigations by the Board or its agents.
Specifies grounds for discipline, including unprofessional conduct, negligence, and criminal activity.
Details disciplinary sanctions such as reprimands, license suspension, revocation, probation, and fines.
Provides procedural protections, including notice, hearings, and appeals consistent with Oregon Administrative Procedures Act (APA).
Relevant Oregon Case Law Related to OAR Chapter 851
Several Oregon courts have addressed issues related to nursing licensure, discipline, and administrative board procedures, which provide insight into how OAR Chapter 851 is applied and interpreted.
Case 1: State ex rel. Oregon State Board of Nursing v. Moore, 303 Or. 1 (1987)
Issue: Whether the Board had authority to suspend a nurse’s license based on misconduct.
Holding: The Oregon Supreme Court upheld the Board’s suspension, emphasizing the Board’s mandate to protect public safety and the discretion granted under the statutes and administrative rules.
Principle: The Board’s disciplinary authority under OAR 851 is broad but must be exercised consistent with due process.
Case 2: Rosenfeld v. Oregon State Board of Nursing, 189 Or. App. 231 (2003)
Issue: Challenge to the Board’s denial of license reinstatement due to prior misconduct.
Holding: The court ruled that the Board’s decision was supported by substantial evidence, highlighting the importance of compliance with continuing education and rehabilitation requirements.
Principle: The Board’s decisions on licensure matters will be upheld if supported by evidence and consistent with the rules.
Case 3: In re Complaint Against Crouch, 259 Or. App. 521 (2013)
Issue: Whether the Board followed proper procedures in disciplining a nurse for substance abuse.
Holding: The court confirmed that the Board’s investigation and disciplinary process under OAR 851 complied with procedural due process.
Principle: Disciplinary proceedings must provide adequate notice, opportunity to be heard, and impartial review.
Legal and Practical Implications of OAR Chapter 851
Protects Public Health: By regulating nursing practice standards, the Board ensures safe and competent nursing care.
Ensures Accountability: Nurses are held to high ethical and professional standards, with clear consequences for violations.
Due Process Protections: Nurses subject to discipline have procedural rights, including notice, hearing, and appeal.
Licensure Mobility: Rules allow qualified nurses licensed in other states to obtain Oregon licensure under endorsement provisions.
Continuing Competency: Ongoing education requirements help maintain nurse skills and knowledge.
Summary Table
| Topic | Highlights |
|---|---|
| Licensure | Education, exams, background checks, endorsement of out-of-state licenses |
| Scope of Practice | Defines roles and permissible nursing activities |
| Continuing Education | Mandatory for license renewal |
| Professional Conduct | Ethical standards, patient confidentiality, prohibition on unsafe practice |
| Discipline | Complaint handling, investigations, sanctions with due process |
| Key Case Law | Moore (1987), Rosenfeld (2003), Crouch (2013) – uphold Board authority |
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