justicedao/ipfs_state_laws huggingface dataset:
851-047-0060 Ending a UAP’s Authorization to Perform a Nursing Procedure (1) The RN must end a UAP’s authorization or reauthorization to perform a nursing procedure when: (a) The medical order for the nursing procedure is discontinued; (b) The UAP no longer works with the client; (c) The RN cannot provide ongoing periodic inspection and evaluation; (d) Delegation is no longer a safe care delivery option for the client; or (e) The RN ends their professional relationship with the client. (2) When the RN ends a UAP’s authorization or reauthorization to perform a nursing procedure, the RN must: (a) Document the action taken, reason, date, time; and (b) Inform care team members who need to know. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 History: BN 9-2024, amend filed 08/27/2024, effective 09/01/2024 BN 3-2023, adopt filed 07/06/2023, effective 08/01/2023
851-048-0010 Statement of Purpose and Intent (1) The Board recognizes that there are situations where an immediate family member, such as a father, mother, grandfather, grandmother, husband, wife, son, daughter, sister, brother, other person related by blood, by marriage, by domestic partnership, or through legal adoption may not be available to execute medical orders for another family member. (2) In such a situation, the Board believes that friend or neighbor who is chosen by the person requiring care will act in the best interest of that person in the execution of the medical order on their behalf. (3) These rules provide scope of practice standards for the registered nurse (RN) who teaches the person designated by, or on behalf of, the person requiring care, how to execute the medical order. (4) These rules apply to the Oregon RN license holder which includes the nurse practitioner, the clinical nurse specialist, and the certified registered nurse anesthetist. (5) These rules further interpret ORS 678.010 (8)(c) definition of practice of nursing which states that the practice of nursing does not include the execution of medical orders by a person designated by, or on behalf of a person requiring care, if the person executing the order is not licensed under ORS 678.010 to 678.410. Statutory/Other Authority: HB 2779, 1997 & ORS 678.150 Statutes/Other Implemented: ORS 678.010 History: BN 1-2018, amend filed 12/06/2018, effective 01/01/2019 BN 8-2001, f. & cert. ef. 7-9-01 BN 2-1998, f. & cert. ef. 1-26-98
851-048-0060 Responsibilities of the Registered Nurse The RN who teaches the designated caregiver how to execute a medical order shall: (1) Adhere to Chapter 851 Division 45 Oregon administrative rules. (2) Ensure competency in one’s own execution of the medical order prior to teaching its performance to the designated caregiver. (3) Verify that: (a) The person for whom the order is written has directly chosen their designated caregiver; or (b) When designation of a person to execute a medical order has been made by a third party on behalf of the person requiring the order, determine that the third party holds the legal authority to make the designation. (4) Inform the designated caregiver that: (a) They may not teach another person how to execute the order; (b) They may not transfer their authority to execute the order to another person; and (c) They may not receive or accept monetary or other compensation for executing the medical order. (5) Generate and provide retrievable step-by-step instructions of how the medical order is to be performed on the person requiring care. The instructions shall: (a) Include signs and symptoms to observe related to executing the medical order, and action to take when observed; and (b) Be appropriate to the knowledge base of the designated caregiver. (6) Make a decision on the need for future evaluation of the care situation based on nursing judgment and document the decision. (7) Fulfill all mandatory reporting responsibilities. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.010 History: BN 1-2018, amend filed 12/06/2018, effective 01/01/2019 BN 8-2001, f. & cert. ef. 7-9-01 BN 2-1998, f. & cert. ef. 1-26-98
851-049-0000 Rule Summary, Statement of Purpose and Intent (1) ORS 678.150 establishes the Board’s authority to supervise the practice of nursing and to determine the scope of nursing practice. Pursuant ORS 678.010(9)(b)(A), the practice of nursing includes executing medical orders prescribed by a physician, dentist, clinical nurse specialist, nurse practitioner, certified registered nurse anesthetist or other health care provider licensed or certified by this state and authorized by the board by rule to issue orders for medical treatment. (2) When engaging in registered nursing practice, the RN may encounter a medical order for a treatment or a medication that contains inclusion or exclusion criteria that has been pre-identified by the prescriber. For the purposes of these rules, a medical order for a treatment or a medication that contains inclusion or exclusion criteria pre-identified by the prescriber is a protocol. (3) These rules identify acceptable levels of safe nursing practice for: (a) The RN who practices in an environment where a protocol is used in the execution of a medical order for a client; (b) The LPN who accepts an assignment to execute a medical order contained within a protocol; (c) The RN and the LPN who communicate a prescriber’s reauthorization of a client’s prescription to a pharmacy; and (d) The RN who dispenses medication in a setting certified by the Board of Pharmacy as a Community Health Clinic. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 & ORS 678.010 History: BN 36-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 26-2025, amend filed 11/20/2025, effective 11/20/2025 BN 17-2021, adopt filed 07/22/2021, effective 08/01/2021
851-049-0005 Scope of Practice Standards for RN Participation in Protocol Development (1) The RN who holds a nurse administrator practice position within an organization shall participate in the development of any protocol that describes the decision-making and actions of the RN. The RN shall ensure that the protocol: (a) Is developed considering input from nurses practicing within the organization; (b) Is based on nationally recognized evidence-based guidelines and recommendations; (c) Includes client inclusion or exclusion criteria in the protocol; (d) Identifies alternative actions or exceptions that allow for individual client circumstances as assessed and interpreted by the RN; and (e) Identifies a pathway for the RN to notify the prescriber when the RN’s assessment and interpretation of evidence and data leads to the clinical decision that the client does not meet protocol inclusion; and (f) Does not impede the individual nurse from fulfilling nursing practice responsibilities identified in the Nurse Practice Act. (2) The RN who practices in a setting or organization where there is no nurse administrator practice position assumes the responsibility for fulfilling the requirements pursuant to OAR 851-049-0005 (1) (a) through (f). Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 & ORS 678.010 History: BN 36-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 26-2025, amend filed 11/20/2025, effective 11/20/2025 BN 17-2021, adopt filed 07/22/2021, effective 08/01/2021
851-049-0010 Scope of Practice Standards for RN Protocol Utilization (1) The RN shall make an independent clinical judgment to utilize or to not utilize a protocol for a client based on the analysis of data and evidence relevant to: (a) The prescriber’s plan for the client; (b) The medical order contained within the protocol: (c) The client’s response to their health situation; and (d) The protocol pre-identified criteria; (2) The RN shall not execute the medical order contained in the protocol for the client when the RN reaches the independent clinical judgment that: (a) The medical order within the protocol is unsafe or is not appropriate for the client; or (b) The client does not meet the protocol inclusion criteria; or (c) The client meets the protocol exclusion criteria. (3) The RN may execute the medical order contained in the protocol for the client when the RN arrives at the independent clinical judgment that: (a) The medical order within the protocol is safe and appropriate for the client; (b) The client meets the protocol inclusion criteria; and (c) The client does not meet the protocol exclusion criteria. (4) If the RN determines, in accordance with subsection (3) of this rule, that the protocol may be used for the client, the RN may assign execution of the medical order contained within the protocol to an LPN or unregulated assistive person as appropriate to the context of care. (5) The RN shall document all actions and decisions required by these rules as identified in OAR Chapter 851 Division 45. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 & ORS 678.010 History: BN 7-2025, amend filed 04/24/2025, effective 05/01/2025 BN 17-2021, adopt filed 07/22/2021, effective 08/01/2021
851-049-0015 Scope of Practice Standards for LPN Protocol Utilization (1) An LPN may execute a medical order contained within a protocol if: (a) The protocol is identified in: (A) The RN plan of care providing clinical direction of the LPN’s practice of nursing; or (B) The health care provider treatment plan providing clinical direction of LPN practice. (b) The LPN verifies the RN or health care provider has determined that the client meets the protocol inclusion criteria; and (c) The LPN adheres to the scope and standards of practice identified in OAR Chapter 851 Division 45. (2) The independent nursing judgment regarding a client’s appropriateness for protocol inclusion exceeds the dependent and directed scope of practice of the LPN. (3) The LPN shall document all actions and decisions required by these rules as identified in OAR Chapter 851 Division 45. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 & ORS 678.010 History: BN 36-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 26-2025, amend filed 11/20/2025, effective 11/20/2025 BN 7-2025, amend filed 04/24/2025, effective 05/01/2025 BN 17-2021, adopt filed 07/22/2021, effective 08/01/2021
851-049-0020 Scope of Practice Standards Related to Communicating a Re-authorization of a Client's Prescription (1) As identified in Oregon Board of Pharmacy in OAR 855-041, after one year from date of issue, a prescription for a non-controlled substance becomes invalid and must be re-authorized by the prescriber. (2) Prior to an RN or an LPN communicating a prescriber’s re-authorization of a client’s prescription, the nurse must confirm that: (a) The prescriber has authorized the continuing of the medication for the client through a new prescription order; or (b) The prescriber’s plan of care or treatment plan for the client: (A) Identifies the client’s ongoing medication needs; (B) Authorizes ongoing renewal of the prescription for the client; and (C) Identifies exceptions to prescription reauthorization for the client. (3) An RN or an LPN may only communicate a prescriber’s re-authorization of a client’s prescription if: (a) The RN or LPN has complied with subsection (2) of this rule; and (b) Communicating the re-authorization would be consistent with OAR 851-045-0065(9). Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 & ORS 678.010 History: BN 36-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 26-2025, amend filed 11/20/2025, effective 11/20/2025 BN 17-2021, adopt filed 07/22/2021, effective 08/01/2021
851-049-0025 Standards Related to the Responsibility of the RN Dispensing (1) The rule that designates the RN’s ability to dispense a medication is found in Board of Pharmacy OAR chapter 855, division 043 practitioner dispensing rules. (2) The RN who dispenses shall comply with OAR 855-043-0700 through OAR 855-043-0750. Statutory/Other Authority: ORS 678.150 Statutes/Other Implemented: ORS 678.150 & ORS 678.010 History: BN 17-2021, adopt filed 07/22/2021, effective 08/01/2021
851-055-0000 Purpose of Scope and Standards of Practice The purpose of these rules is to define the scope of practice for the group of advanced practice registered nurses collectively known as APRNs. Licensees in Oregon must identify themselves to their clients and in all other aspects of their practice by their Oregon awarded license type. (1) The Board recognizes and licenses the APRN in one of the following roles: (a) Nurse Practitioner (NP), inclusive of NPs specializing in Certified Nurse-Midwifery. (b) Certified Registered Nurse Anesthetist (CRNA). (c) Clinical Nurse Specialist (CNS). (2) The Board may grant prescriptive authority consistent with the individual’s scope of practice, competency, and applicable state laws. Statutory/Other Authority: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390 Statutes/Other Implemented: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390 History: BN 34-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 28-2025, amend filed 11/20/2025, effective 11/20/2025 BN 6-2023, amend filed 09/26/2023, effective 10/01/2023 BN 13-2021, adopt filed 06/24/2021, effective 07/01/2021
851-055-0040 Scope and Standards of Practice for Licensed Clinical Nurse Specialist (1) CNS practice is consistently directed toward achieving quality, cost-effective, client focused outcomes across three spheres of impact: direct care, nurses and nursing practice, and organization and system. (2) The CNS uses clinical expertise to: (a) Enhance nursing practice to impact outcomes for entire client populations and individual clients; or (b) Assist the interprofessional team to attain identified outcomes; or (c) Influence health care organizations to improve identified outcomes; or (d) Work as a system level change agent to impact clinical practice and outcomes through evidenced based intervention; or (e) Provide direct care as a healthcare provider; or (f) Impact direct care through nursing or system interventions. (3) The CNS will only provide health care services within their CNS scope for which they are educationally prepared and for which competency has been established and maintained. Education preparation includes academic coursework, workshops, or seminars, provided both theory and clinical experience are included. Statutory/Other Authority: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390 Statutes/Other Implemented: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390 History: BN 34-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 28-2025, amend filed 11/20/2025, effective 11/20/2025 BN 6-2023, amend filed 09/26/2023, effective 10/01/2023 BN 13-2021, adopt filed 06/24/2021, effective 07/01/2021
851-055-0050 Expanding Scope of Practice within OSBN Issued APRN License (1) The role of the APRN expands in response to societal demand and new knowledge gained through research, educational preparation and clinical experience. (2) The APRN must ensure practice is at the same level of safety and competency as required by all other Oregon state licensing boards whose licensees perform similar interventions and procedures. (3) Acceptable educational preparation includes academic coursework, workshops and seminars when theory and clinical experience are applicable. (4) Evidence of the APRN’s preparation for expanded scope through educational preparation and clinical experience are subject to review at the request of the Board. The Board has statutory authority to determine competency of licensees. (5) To expand outside of the initial population focus, an APRN must seek additional education and qualify for licensure in that population focus. (6) The APRN must not present themselves to the public as practicing within a different population focus unless they are also licensed by the Board in that population focus. Statutory/Other Authority: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.375, ORS 678.380 & ORS 678.390 Statutes/Other Implemented: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.375, ORS 678.380 & ORS 678.390 History: BN 34-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 28-2025, amend filed 11/20/2025, effective 11/20/2025 BN 6-2023, amend filed 09/26/2023, effective 10/01/2023 BN 13-2021, adopt filed 06/24/2021, effective 07/01/2021
851-055-0070 Standards for Prescriptive Authority (1) Prescribing, procuring or authorizing use of controlled substances, non-controlled prescription medications, therapeutic devices, and dispensing drugs must be consistent with the individual’s scope of specialty practice and competency. (2) All APRNs who provide pharmacological management for clients must have prescriptive authority. (3) Prescriptions must be written per the following standards: (a) A written prescription must include the date, printed name, legal signature, specialty category/title, business address, and telephone number of the prescribing APRN, in addition to the required client and drug information. (b) An electronically transmitted prescription as defined in OAR 855 of the Pharmacy Act must include the name and immediate contact information of the prescriber and be electronically encrypted or in some manner protected by up-to-date technology from unauthorized access, alteration or use. Controlled substances have additional restrictions as defined by the Drug Enforcement Administration (DEA) which must be followed. (c) A tamper resistant prescription must meet criteria as defined in OAR 855 of the Pharmacy Act. (d) Prescriptions may be written for over-the-counter drugs, durable medical equipment (DME) and therapeutic devices. (e) The APRN must comply with all applicable laws and rules in prescribing, administering, and distributing drugs, including compliance with the labeling requirements of ORS 689. (f) An APRN must only prescribe controlled substances in conjunction with their own valid and current (DEA) registration number appropriate to the classification level of the controlled substance. Statutory/Other Authority: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.375, ORS 678.372, ORS 678.380 & ORS 678.390 Statutes/Other Implemented: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 678.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.375, ORS 678.372, ORS 678.380 & ORS 678.390 History: BN 34-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 28-2025, amend filed 11/20/2025, effective 11/20/2025 BN 6-2023, amend filed 09/26/2023, effective 10/01/2023 BN 13-2021, adopt filed 06/24/2021, effective 07/01/2021
851-055-0072 Conduct Derogatory to the Standards of Nursing of Prescriptive or Dispensing Authority (1) The Board may deny, suspend or revoke the authority to write prescriptions or dispense drugs for the causes identified in ORS 678.111(1) or with a preponderance of evidence that the authority has been abused. (2) The abuse of the prescriptive or dispensing authority constitutes conduct derogatory to nursing standards and is defined as: (a) Prescribing, dispensing or distributing drugs which are not Food and Drug Administration approved unless done in accordance with the Oregon State Board of Pharmacy policies and regulations on exceptions; (b) Prescribing, dispensing, administering, or distributing drugs for other than therapeutic or prophylactic purposes; (c) Prescribing, dispensing, or distributing drugs to an individual who is not the APRN’s client unless written under Expedited Partner Therapy guidelines from the Department of Human Services; or under the Oregon Health Authority Programs to Treat Allergic Response, Hypoglycemia, or Opiate Overdose in ORS 433.800–433.830. An APRN client relationship is established through documentation of the client assessment, treatment plan, and ongoing evaluation plan; (d) Prescribing, dispensing or distributing drugs to an individual not within the scope of practice or population focus; (e) Prescribing, dispensing, or distributing drugs for personal use; (f) Prescribing, dispensing, administering, or distributing drugs while functionally impaired; (g) Prescribing, dispensing, administering, or distributing drugs in an unsafe or unlawful manner or without adequate instructions to the client according to acceptable and prevailing standards or practice; (h) Prescribing, dispensing, or distributing drugs which are specifically restricted under federal law; (i) Failure to properly assess and document client assessment when prescribing, dispensing, administering, or distributing drugs; (j) Selling, purchasing, trading, or offering to sell, purchase or trade any drug sample; and (k) Dispensing medications without dispensing authority granted by the Board or other dispensing authority issued by the State of Oregon. Statutory/Other Authority: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 278.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390 Statutes/Other Implemented: ORS 678.150, ORS 678.255, ORS 678.265, ORS 678.275, ORS 278.278, ORS 678.282, ORS 678.285, ORS 678.370, ORS 678.372, ORS 678.375, ORS 678.380 & ORS 678.390 History: BN 34-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 28-2025, amend filed 11/20/2025, effective 11/20/2025 BN 6-2023, amend filed 09/26/2023, effective 10/01/2023 BN 13-2021, adopt filed 06/24/2021, effective 07/01/2021