justicedao/ipfs_state_laws huggingface dataset:
584-021-0105 Definitions As used in OAR chapter 584, division 021, unless otherwise indicated by the context, the following definitions apply: (1) "Application": A request for an Oregon certificate authorizing service in public schools or a request for reinstatement or renewal of such certificate. As used in these rules, "application" includes the Application Form N-1, the fee, and all supporting documents necessary for the evaluation for the certificate. (2) "Approved Institutions": Oregon colleges and universities accredited by an Institutional Accrediting Agency for the preparation of nurses by the Oregon State Board of Nursing or for preparation of teachers by Teacher Standards and Practices Commission and other nationally accredited colleges or universities approved to prepare nurses or teachers. (3) "Commission": The Teacher Standards and Practices Commission (TSPC). (4) "Executive Director": The Executive Director for the Commission. (5) "Expired Certificate": A certificate for which an application for renewal was not received by TSPC prior to the date of expiration stated on the certificate. (6) "Joint Application": Submitted by the school board or school superintendent in cooperation with the applicant. (7) "Nurse": A registered nurse who holds a current license issued by the Oregon State Board of Nursing. See also School Nurse. (8) "Personal Qualifications": Personal qualifications for certification including possessing good moral character and mental and physical health necessary for employment as a school nurse. (9) "Registered Private School": A private school, prekindergarten through grade twelve, registered with the Oregon Department of Education. (10) "Reinstatement": Restoration of the validity of a certificate which has expired, been revoked, or been surrendered. (11) "Renewal": Extension of validity of a current certificate. An application for renewal must be submitted prior to the expiration date stated on the certificate. (12) "School Nurse": A registered nurse who is certified by the Teacher Standards and Practices Commission as qualified to conduct and coordinate the health service programs of a school. (13) "Volunteer Nurse": A registered nurse who serves without remuneration in a school health services program. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 - 342.495 History: TSPC 8-2020, amend filed 11/23/2020, effective 01/01/2021 TSPC 5-2009, f. & cert. ef. 10-5-09 TSPC 3-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09 TSPC 5-2008, f. & cert. ef. 6-13-08 TSPC 5-2007, f. & cert. ef. 8-15-07 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 5-1993, f. & cert. ef. 10-7-93 TS 1-1992, f. & cert. ef. 1-15-92 TS 3-1988, f. & cert. ef. 4-7-88 TS 1-1987, f. & ef. 3-3-87 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0110 General Provisions for School Nurse Certificate (1) School districts which employ nurses and compensate them for services from public funds are encouraged to employ persons certified as school nurses by the Commission. (2) School districts may employ nurses who are not certified as school nurses by the Commission. No forfeiture of state school funds will be made for such employment. The district, however, shall not designate such personnel as "school nurses." (3) A school nurse certificate is not a teaching license. A person holding a school nurse certificate is not subject to the Fair Dismissal Law. See also ORS 342.475(5). Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 4-1982, f. & ef. 7-22-82
584-021-0115 Types of Nursing Certificates (1) A Professional School Nurse Certificate is issued to an applicant who meets the requirements set forth in OAR 584-021-0130. The Professional School Nurse Certificate is valid for five years and may be renewed. (2) An Emergency School Nurse Certificate is issued only when there are insufficient applicants in a region of the state. It is valid for one year and is renewable. (See OAR 584-021-0135 for the requirements for this certificate.) Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 4-1982, f. & ef. 7-22-82
584-021-0120 Requirements for Applying for Initial School Nurse Certification (1) An applicant for the first Oregon School Nurse Certificate must: (a) Supply all information requested on the application, Form N-1, and sign in the space provided attesting that the information is true and correct; (b) Provide official transcripts from all colleges and universities attended. Transcripts must bear the seal of the institution and the signature of the registrar; (c) Submit a current registered nurse license issued by the Oregon State Board of Nursing. A photocopy is acceptable; (d) Obtain a passing score on a commission adopted test of knowledge of U.S. and Oregon civil rights and professional ethics; (e) Furnish fingerprints in the manner prescribed by the commission and provide satisfactory responses to the character questions contained in the commission’s licensure application. (See also, OAR 584-036-0062 for Criminal Records Check Requirement.) (f) Submit the evaluation fee(s) as established by OAR 584-021-0170; and (g) Submit the employing school district's request for certification, and an explanation of why the joint application is being made, if the application is for the Emergency School Nurse Certificate. (2) A registered nurse who applies for certification and who is employed by a school, school district or education service district to conduct and coordinate a school or district health services program or who serves in such a capacity on a voluntary basis on November 1, 1981 will be issued a certificate under this subsection without further proof of qualification by the applicant. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 3-2011, f. & cert. ef. 3-15-11 TSPC 5-2007, f. & cert. ef. 8-15-07 TS 5-1993, f. & cert. ef. 10-7-93 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 7-1986, f. 10-15-86, ef. 1-15-87 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0130 Requirements for a Professional School Nurse Certificate (1) Upon filing a correct and complete application in form and manner prescribed by the Commission, a qualified applicant may be granted a Professional School Nurse Certificate for five years. The first license will be issued for five years plus time to the applicant's birthday. (2) To be eligible for a Professional School Nurse Certificate, an applicant must: (a) Possess the personal qualifications for certification including attainment of at least eighteen years of age and possessing good moral character and mental and physical health necessary for employment as an educator; and (b) Hold a bachelor’s degree from an approved institution; and (c) Hold a current registered nurse license issued by the Oregon State Board of Nursing; and (d) Obtain a passing score on a test of knowledge of U.S. and Oregon civil rights laws and professional ethics; and (e) Evidence of completion of one of the following: (A) Coursework equivalent to thirty clock hours, three quarter hours, or two semester hours in the following content areas: (i) American school law and legal responsibilities of the School Nurse; (ii) The nursing process in the school setting; (iii) School health policies, issues and funding; (iv) Schools and society; (v) Mental health and counseling concepts; (vi) The exceptional child -- disabled, gifted, learning disabled; (vii) Physical and developmental assessment of the school-age child; (viii) The role and responsibilities of the School Nurse; (ix) Human growth, development and learning; (x) Diversity; and (xi) School emergencies; or (B) Evidence of current National School Nurse Certification received from the National Board for Certification of School Nurses. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2013, f. & cert. ef. 11-14-13 TSPC 5-2007, f. & cert. ef. 8-15-07 TS 5-1997, f. 9-25-97, cert. ef. 1-15-99 TS 1-1992, f. & cert. ef. 1-15-92 TS 4-1982, f. & ef. 7-22-82
584-021-0135 Requirements for an Emergency School Nurse Certificate (1) An Emergency School Nurse Certificate may be issued when there are insufficient applicants in a region of the state. The emergency certificate is valid for one year and issued upon joint application from the employing school board or school superintendent. (2) An applicant under section (1) of this rule must hold a current registered nurse license issued by the State Board of Nursing. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 4-1982, f. & ef. 7-22-82
584-021-0140 Requirements for Applying for Renewal or Reinstatement of Certification An applicant for renewal or reinstatement of an Oregon School Nurse Certificate must: (1) Provide the information requested on the Application, Form N-1, and sign in the space provided. The character questions pertaining to dismissal, revocation, and conviction must be answered and supporting materials attached to the application, if necessary; (2) Present a statement verifying satisfactory completion of a Commission-approved workshop or course on the laws prohibiting discrimination, if not previously verified; (3) Submit all required fees; (4) Provide verification of professional upgrading satisfactory to the school district, if applicable; (5) Provide evidence satisfactory to the Commission of fitness to serve as school nurse, if the application is for reinstatement of a surrendered or revoked certificate; (6) Submit the employing school district's request for the certificate if the application is for renewal of an Emergency School Nurse Certificate; (7) Submit a current registered nurse license issued by the Oregon State Board of Nursing. A photocopy is acceptable; and (8) Submit official transcripts of nine quarter hours or six semester hours of additional preparation during the life of the current certificate or since expiration of the certificate, if unable to verify adequate or acceptable experience during the life of the certificate. [ED. NOTE: Forms referenced are available from the ageny] Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2009, f. & cert. ef. 10-5-09 TSPC 3-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09 TSPC 5-2007, f. & cert. ef. 8-15-07 TSPC 2-2007, f. & cert. ef. 4-23-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 6-1989, f. & cert. ef. 10-6-89 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 7-1986, f. 10-15-86, ef. 1-15-87 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0150 Renewal for Professional School Nurse Certificate (1) The Professional School Nurse Certificate may be renewed for five years upon verification that the applicant holds a current registered nurse license issued by the Oregon State Board of Nursing and that one of the following continuing professional development requirements has been met: (a) Nine (9) quarter hours, six (6) semester hours, or 125 clock hours of professional upgrading; or (b) Evidence of National School Nurse Certification recertification. (2) Professional upgrading must be approved by the school district as part of the professional improvement program for the school nurse if the school nurse has been employed during the life of the license. Professional upgrading may include, but is not limited to: College and university courses, community college courses, established workshops, or planned experiences in nursing. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2013, f. & cert. ef. 11-14-13 TSPC 5-2009, f. & cert. ef. 10-5-09 TSPC 3-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09 TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 6-1989, f. & cert. ef. 10-6-89 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 7-1986, f. 10-15-86, ef. 1-15-87 TS 4-1982, f. & ef. 7-22-82
584-021-0155 Emergency School Nurse Certificate Renewal (1) An Emergency School Nurse Certificate may be renewed for one year upon verification of ten clock hours of professional upgrading as described in OAR 584-021-0150 during the life of the certificate. The application must be submitted jointly with the school district and must include verification that the applicant holds a current registered nurse license issued by the Oregon State Board of Nursing. (2) There is no limit on the number of renewals permitted if the requirements specified in section (1) of this rule are met for each renewal. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 1-1987, f. & ef. 3-3-87 TS 4-1982, f. & ef. 7-22-82
584-021-0160 Incomplete Applications (1) An incomplete application will not be processed. During the ninety (90) days following the evaluation which determined that the application was incomplete, an applicant may resubmit the application with additional supporting documents necessary for the evaluation for the certificate. If the applicant is eligible, a certificate will be issued at no additional cost. Materials provided following the expiration of ninety (90) days must be accompanied by a new evaluation fee. (2) A transcript evaluation which does not result in the issuance of a certificate is retained by TSPC for one year. Upon verification during that time of additional preparation correcting the deficiencies for which the certificate was not issued initially, a certificate will be issued at no additional cost. (3) If the applicant does not qualify for the certificate within one year from the date of the first evaluation, all documents necessary for reevaluation for the certificate must be resubmitted. The reevaluation will be made under rules which are in effect at the time of the reevaluation and the fee for evaluation of an application must be submitted again. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 4-1994, f. 7-19-94, cert. ef. 10-15-94 TS 1-1992, f. & cert. ef. 1-15-92 TS 5-1988, f. 10-6-88, cert. ef. 1-15-89 TS 4-1985, f. 10-4-85, ef. 1-1-86 TS 6-1983, f. & ef. 10-18-83 TS 4-1982, f. & ef. 7-22-82
584-021-0165 Verifying Knowledge of Laws Prohibiting Discrimination All new applicants for a school nurse certificate must demonstrate knowledge of civil rights and ethics by obtaining a passing score on a commission-approved test of knowledge of U.S. and Oregon civil rights laws and professional ethics. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.533 History: TSPC 9-2010, f. 12-15-10, cert. ef. 1-1-11 TSPC 5-2010(Temp), f. & cert. ef. 8-13-10 thru 12-31-10 TSPC 8-2009, f. & cert. ef. 12-15-09 TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0170 Fees for Nursing Certificates (1) All fees are assessed for evaluation of the application and are nonrefundable. (2) The Commission issues the appropriate certificate at no additional cost if the applicant qualifies for the certificate within ninety (90) days following evaluation of the application except as provided in OAR 584-021-0160(2). (3) The fee for evaluating an application for a school nurse certificate is $100. (4) The fee for evaluating an application for renewal of a certificate is $100. (5) The fee for each duplicate certificate is $20. (6) The fee to evaluate an application for reinstatement of an expired certificate is $100 plus a late application fee of $25 for each month or portion of a month that the certificate has been expired to a maximum of $200 total. (7) The fee for evaluating an application for reinstatement of a suspended certificate is $100. (8) The fee for evaluating an application for reinstatement of a revoked certificate is $150 in addition to the $100 application fee. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183, 342.127 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TSPC 5-2006, f. & cert. ef. 2-10-06 TSPC 11-2005(Temp), f. 11-18-05, cert. ef. 1-1-06 thru 6-29-06 TS 5-1994, f. 9-29-94, cert. ef. 10-15-94 TS 4-1994, f. 7-19-94, cert. ef. 10-15-94 TS 5-1993, f. & cert. ef. 10-7-93 TS 1-1992, f. & cert. ef. 1-15-92 TS 5-1988, f. 10-6-88, cert. ef. 1-15-89 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 4-1985, f. 10-4-85, ef. 1-1-86 TS 6-1983, f. & ef. 10-18-83 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0177 Criminal Records Check Requirement (1) For the first Oregon certificate as a school nurse, or for reinstatement of a certificate that has been expired for more than three years, the applicant must submit one fingerprint card in a manner specified in the Commission's application packet for checking Oregon and Federal Bureau of Investigation criminal history. (2) The fee to submit fingerprints for a criminal records check is $62. (3) The Commission may issue a temporary or emergency certificate valid until receipt and clearance of fingerprint reports from the Oregon State Police and the Federal Bureau of Investigation. Statutory/Other Authority: ORS 181 & 342 Statutes/Other Implemented: ORS 181.533, 183, 342.175 – 342.190, 342.223 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TSPC 5-2006, f. & cert. ef. 2-10-06 TSPC 10-2005(Temp), f. & cert. ef. 11-15-05 thru 4-30-06 TS 4-1995, f. & cert. ef. 11-9-95 TS 2-1995(Temp), f. 8-16-95, cert. ef. 9-11-95 TS 2-1994, f. & cert. ef. 7-19-94 TS 6-1993, f. & cert. ef. 12-7-93
584-021-0180 Criteria for Granting School Nurse Certificates The Executive Director may issue certificates, grant reinstatements, and renew certificates when each of the following conditions exists: (1) All requirements for certification established by law and rules have been met; (2) The applicant has furnished evidence satisfactory to TSPC of the applicant’s fitness to serve as a school nurse; (3) The Executive Director deems that any “yes” answer on the application’s character questions does not adversely affect the applicant’s ability to serve as a school nurse. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0185 Criteria for Denying Issuance or Reinstatement of School Nurse Certificates The Executive Director may deny issuance of certificates or reinstatement of certificates under the same conditions that apply to educator licenses as described in OAR 584-050. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 1-1992, f. & cert. ef. 1-15-92 TS 4-1982, f. & ef. 7-22-82
584-021-0190 Criteria and Procedures for Denying Renewal of a School Nurse Certificate (1) The Executive Director may deny renewal of a certificate under the same conditions that apply to educator licenses as described in OAR 584-050 (2) In any case where the Executive Director of TSPC proposes to deny renewal of a certificate, a notice must be furnished the applicant at least ten days prior to the date of denial. Notice must be given personally or by registered mail and must state that the applicant may, prior to the date of denial, request a contested case hearing. (3) When the applicant requests a hearing, the decision on the denial shall be postponed until the hearing has been held. The current certificate continues in effect despite any expiration dates stated thereon until a formal order of denial has been issued. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183, 342.175 – 342.190 & 342.455 - 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 1-1992, f. & cert. ef. 1-15-92 TS 4-1982, f. & ef. 7-22-82
584-021-0195 Procedures for Consideration of Other Cases In a case not covered by OAR 584-021-0180 through 584-021-0190, the Executive Director must refer the application to TSPC for action. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 –342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 4-1982, f. & ef. 7-22-82
584-021-0202 Criteria for Denial of Certification Based on Conviction for Crimes An applicant for the initial Oregon certificate or for reinstatement of an Oregon certificate that has been lapsed for three years or more must submit to a fingerprint check. If the applicant has been convicted of any of the crimes listed in ORS 342.143 or if the applicant has made a false statement about a conviction, the applicant shall be denied certification. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183, 342.175 – 342.190 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 2-1994, f. & cert. ef. 7-19-94
584-021-0205 Reinstatement of Revoked or Surrendered School Nurse Certificates A revoked or surrendered certificate may be reinstated, if the applicant is qualified, for the number of months remaining on the certificate when it was revoked or surrendered. The applicant must hold a current registered nurse license issued by the Oregon State Board of Nursing at the time of reinstatement. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183, 342.175 – 342.190 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1987, f. & ef. 3-3-87 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0210 Reinstatement of Expired School Nurse Certificates (1) For one year after expiration, a Professional Nurse Certificate may be reinstated upon payment of the required late application fee. Applicable renewal requirements must also be met. (See OAR 584-021-0150 for renewal requirements.) (2) The applicant also must hold a current registered nurse license issued by the Oregon State Board of Nursing. The additional preparation must be completed within the three-year period prior to application for reinstatement. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183, 342.175 – 342.190 & 342.455 – 342.495 History: TSPC 5-2009, f. & cert. ef. 10-5-09 TSPC 3-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09 TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 6-1989, f. & cert. ef. 10-6-89 TS 2-1989, f. & cert. ef. 2-16-89 TS 1-1988, f. 1-14-88, cert. ef. 1-15-88 TS 4-1982, f. & ef. 7-22-82
584-021-0215 Revocations (1) Revocations of certificates shall be handled in accordance with ORS 342.175 through 342.190. (2) Failure to maintain a valid registered nurse license issued by the Oregon State Board of Nursing shall constitute grounds for revocation of a Professional School Nurse Certificate or an Emergency School Nurse Certificate. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183, 342.175 – 342.190 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82