(1)(a) For each hospital there shall be established a hospital service staffing committee. A hospital service staffing committee shall consist of an equal number of service staff managers and service staff who work at the hospital.

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(b) If the service staff who work at the hospital have an exclusive representative, the exclusive representative shall select the service staff members of the hospital service staffing committee.

(c) If none of the service staff who work at the hospital have an exclusive representative, the service staff managers shall select the service staff members of the hospital service staffing committee.

(2) A hospital service staffing committee shall develop a written hospital-wide hospital service staffing plan in accordance with subsection (5) of this section. The committee shall review and modify the staffing plan as needed in accordance with this section.

(3) A majority of the members of the hospital service staffing committee constitutes a quorum for the transaction of business.

(4) A hospital service staffing committee must have two cochairs. One cochair shall be a service staff manager elected by the members of the committee who are service staff managers. The other cochair shall be a service staff person elected by the members of the committee who are service staff.

(5) A hospital service staffing committee shall develop a hospital service staffing plan that is consistent with the approved nurse staffing plan for the hospital and that takes into account the professional and technical staffing plan for the hospital developed under ORS § 441.775. The committee shall consider the following criteria in developing the staffing plan:

(a) The hospital’s census;

(b) Location of the patients;

(c) Patient types and patient acuity;

(d) National standards, if any;

(e) The size of the hospital and square footage of the hospital;

(f) Ensuring patient access to care; and

(g) Feedback received during committee meetings from staff.

(6)(a) A hospital service staffing committee must adopt a hospital service staffing plan by a majority vote of the members of the committee. If a quorum of members present at a meeting comprises an unequal number of service staff and service staff managers, only an equal number of staff and managers may vote. A staffing plan adopted by the committee must include a summary of the committee’s consideration of the criteria in subsection (5) of this section and how the plan:

(A) Is consistent with the approved nurse staffing plan for the hospital; and

(B) Takes into account the professional and technical staffing plan for the hospital that was developed in accordance with ORS § 441.775.

(b) If the hospital service staffing committee does not adopt a hospital service staffing plan or adopts only a part of the staffing plan, either cochair may invoke the commencement of a 60-day period during which the committee shall continue to develop the staffing plan. If, by the end of the 60-day period, the committee does not adopt a staffing plan or adopts only part of a staffing plan, the committee shall submit the disputed plan or parts of the plan, as applicable, including a summary of the committee’s consideration of the criteria in subsection (5) of this section, to the chief executive officer of the hospital. No later than 60 days after receiving the submission from the committee, the chief executive officer or the chief executive officer’s designee shall decide the disputed plan or parts of the plan, as applicable, considering the summary of the committee’s consideration of the criteria in subsection (5) of this section, and adopt the staffing plan or parts of the staffing plan that were not adopted by the committee. The chief executive officer or the chief executive officer’s designee shall provide to the committee:

(A) A written explanation of the staffing plan or the parts of the staffing plan that were in dispute;

(B) The final written proposals of the members of the committee and the members’ rationales for their proposals and the committee’s summary of the committee’s consideration of the criteria in subsection (5) of this section; and

(C) A summary of the consideration by the chief executive officer or the chief executive officer’s designee of the criteria in subsection (5) of this section.

(c) If the hospital service staffing committee is unable to reach an agreement on the hospital service staffing plan during the 60-day period invoked under paragraph (b) of this subsection, the members of the committee may extend deliberations for one additional 60-day period before the disputed plan or parts of the plan must be submitted to the chief executive officer or the chief executive officer’s designee in accordance with paragraph (b) of this subsection. The deliberations may be extended under this paragraph only by a majority vote of the members of the committee. If a quorum of members present at a meeting comprises an unequal number of hospital service staff and hospital service managers, only an equal number of staff and managers may vote.

(d) A hospital service staffing plan adopted by a hospital service staffing committee, a chief executive officer or the chief executive officer’s designee must include any staffing-related terms and conditions that were previously adopted through any applicable collective bargaining agreement, including any meal break and rest break requirements, unless a term or condition is in direct conflict with an applicable statute or administrative rule.

(7) A hospital service staffing committee must meet three times each year and at the call of either cochair, at a time and place specified by the cochairs.

(8)(a) Except as provided in paragraph (b) of this subsection, a hospital service staffing committee meeting must be open to:

(A) The hospital’s service staff, who shall be offered the opportunity to provide feedback to the committee during the committee’s meetings; and

(B) Other observers or presenters invited by either cochair.

(b) While the committee is deliberating or voting during a meeting, either cochair may exclude individuals described in paragraph (a) of this subsection.

(9) Minutes must be taken at every hospital service staffing committee meeting and the minutes must:

(a) Include all motions made and the outcome of all votes taken;

(b) Include a summary of all discussions; and

(c) Be made available in a timely manner to any of the hospital staff upon request.

(10) A manager shall release from their duties staff and managers who serve on the hospital service staffing committee and compensate the staff and managers who serve on the committee for time spent attending committee meetings.

(11) The hospital shall submit the hospital service staffing plan adopted under subsection (6) of this section to the Oregon Health Authority no later than 30 days after adoption of the staffing plan and shall submit any subsequent changes to the authority no later than 30 days after the changes are adopted.

(12) Each hospital unit, as defined by the chief executive officer or the chief executive officer’s designee, may deviate from the hospital service staffing plan within a period of 12 consecutive hours, no more than six times during a rolling 30-day period, without being in violation of the staffing plan. The unit manager must notify the hospital service staffing committee cochairs no later than 10 days after each deviation. Each subsequent deviation during the 30-day period constitutes a separate violation under ORS § 441.792. [2023 c.507 § 4]

See note under 441.761.