(1) The Oregon State Board of Nursing shall elect annually from its number a president, a president-elect and a secretary, each of whom shall serve until a successor is elected and qualified. The board shall meet on the call of the president or as the board may require. Special meetings of the board may be called by the secretary upon the request of any three members. Five members constitute a quorum.

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(2) The board shall adopt a seal which shall be in the care of the executive director.

(3) The board shall keep a record of all its proceedings and of all persons licensed and schools or programs approved under ORS § 678.010 to 678.448. The records must at all reasonable times be open to public scrutiny.

(4) The executive director of the board may hire and define the duties of employees as necessary to carry out the provisions of ORS § 678.010 to 678.448. The executive director, with approval of the board, may employ special consultants. All salaries, compensation and expenses incurred or allowed shall be paid out of funds received by the board.

(5) The board shall determine the qualifications of applicants for a license to practice nursing in this state and establish educational and professional standards for such applicants subject to laws of this state.

(6) The board shall:

(a) Exercise general supervision over the practice of nursing in this state.

(b) Prescribe standards and approve curricula for nursing education programs preparing persons for licensing under ORS § 678.010 to 678.448.

(c) Provide for surveys of nursing education programs as may be necessary.

(d) Approve nursing education programs that meet the requirements of ORS § 678.010 to 678.448 and of the board.

(e) Deny or withdraw approval from nursing education programs for failure to meet prescribed standards.

(f) Examine, license and renew the licenses of duly qualified applicants.

(g) Issue subpoenas for any records relevant to a board investigation, including patient and other medical records, personnel records applicable to nurses and nursing assistants, records of schools of nursing and nursing assistant training records and any other relevant records; issue subpoenas to persons for personal interviews relating to board investigations; compel the attendance of witnesses; and administer oaths or affirmations to persons giving testimony during an investigation or at hearings. In any proceeding under this subsection, when a subpoena is issued to an applicant, certificate holder or licensee of the board, a claim of nurse-patient privilege under ORS § 40.240 or of psychotherapist-patient privilege under ORS § 40.230 is not grounds for quashing the subpoena or for refusing to produce the material that is subject to the subpoena.

(h) Enforce the provisions of ORS § 678.010 to 678.448, and incur necessary expenses for the enforcement.

(i) Adopt rules to prescribe:

(A) Standards for the delegation of patient care tasks by a registered nurse to a nursing assistant. The standards must specify that only a registered nurse may delegate the provision of nursing care. The standards must include rules governing the delegation of administration of medication, including of controlled substances, and other tasks ordered or prescribed by a nurse practitioner or clinical nurse specialist or a physician licensed under ORS Chapter 677.

(B) Standards for the delegation by a registered nurse of procedures ordered or prescribed by a nurse practitioner or clinical nurse specialist or a physician licensed under ORS Chapter 677 to persons other than licensed nursing personnel in a community-based setting, as defined by the board. The rules must provide for the delegation of procedures related to administration of medication.

(j) Notify licensees at least annually of changes in legislative or board rules that affect the licensees. Notice may be by newsletter or other appropriate means.

(7) The board shall determine the scope of practice as delineated by the knowledge acquired through approved courses of education or through experience.

(8)(a) The board shall adopt rules regarding the provision of nursing care and various tasks relating to the administration of medication, including the administration of controlled substances, for the community-based settings described in subsection (6) of this section.

(b) The rules adopted under this subsection must:

(A) Provide for the delegation, to other than licensed nursing personnel, of tasks relating to the administration of medication and patient care tasks that are ordered or prescribed by a physician licensed under ORS Chapter 677, a clinical nurse specialist or a nurse practitioner.

(B) Specify that the delegation must occur under the procedural guidance, initial direction and periodic inspection and evaluation of the physician, clinical nurse specialist, nurse practitioner or registered nurse.

(C) Specify that the provision of nursing care may be delegated only by a registered nurse.

(D) Determine sites in addition to the facilities described in this subsection where the delegation of nursing tasks and administration of medication may occur.

(9) The board may require applicants, licensees and certificate holders under ORS § 678.010 to 678.448 to provide to the board data concerning the individual’s nursing employment and education.

(10) For the purpose of requesting a state or nationwide criminal records check under ORS § 181A.195, the board may require the fingerprints of a person who is:

(a) Applying for a license or certificate that is issued by the board;

(b) Applying for renewal of a license or certificate that is issued by the board; or

(c) Under investigation by the board.

(11) Pursuant to ORS Chapter 183, the board shall adopt rules necessary to carry out the provisions of ORS § 678.010 to 678.448. [Amended by 1953 c.254 § 16; 1957 c.316 § 28; subsections (5) to (9) enacted as 1957 c.316 § 30; 1973 c.584 § 14; 1975 c.659 § 2; 1977 c.309 § 2; 1979 c.771 § 1; 1981 c.369 § 9; 1983 c.511 § 1; 1983 c.598 § 2; 1987 c.369 § 1; 1993 c.114 § 1; 1999 c.375 § 3; 2001 c.275 § 3; 2001 c.763 § 1; 2003 c.297 § 1; 2005 c.730 § 48; 2009 c.535 § 10; 2009 c.756 § 35; 2017 c.127 § 1; 2019 c.358 § 31; 2021 c.189 § 4]