justicedao/ipfs_state_laws huggingface dataset:
851-055-0090 Special Provisions (1) Medical records must be completed within one month (30 days) following each client encounter per the Center for Medicaid and Medicare Services (CMMS) and prevailing standards of practice. (2) Client Access to Medical Records: (a) Medical records must be: (A) Available upon request by the client or legal client representative and provided within 30 days; (B) Kept for a period of at least seven years; (C) Retained on paper, microfilm, electronic or other media; and (D) Protected against unauthorized access, fire, water and theft. (b) Custodian of records must be maintained in the event of an APRN’s death. The identified custodian will be required to keep the medical records for a contiguous seven years. (3) Opening, Closing or Transferring an APRN Practice: (a) Any APRN active in practice, whether with direct or indirect client care, must report to the Board their current practice address or addresses. Each change in practice setting and mailing address must be submitted to the Board no later than 30 days after the change. (b) Any APRN who closes their practice is required to notify clients by letter that the practice will end with the effective date. The letter must include: (A) The location of records and process to request them; (B) Advice to seek the services of another health care provider; and (C) Notification to the client regarding how long the APRN will continue to refill prescriptions while the client obtains a new provider. (c) If a practice changes ownership, all medical records must be the responsibility of the new owner to protect and maintain. (4) Conduct Related to Licensees Relationship to the Board: (a) APRNs must produce client medical records or other materials as requested by the Board. (b) The Board must notify the appropriate national board certification agency when an APRN has discipline placed on their license, prescriptive or dispensing authority. (5) Informed Consent and Informed Refusal of Medical Treatment: (a) APRNs must provide sufficient information for the client to reach an informed decision. Prevailing standards of practice require either: (A) The client’s signed informed consent form; or (B) Chart note reflecting the content of the informed consent discussion indicating refusal of the treatment or procedure. (b) In an emergency, APRNs are authorized to supply necessary medical treatment without the client’s prior informed consent. 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
851-061-0010 Purpose of Standards To foster the safe and effective performance of duties by graduates of nursing assistant and medication aide education programs by setting standards which promote adequate preparation of students. These standards will: (1) Serve as a guide for the development and approval of new nursing assistant and medication aide education programs. (2) Create minimum standards and provide general parameters for Board-approved curricula of established nursing assistant and medication aide education programs. (3) Allow flexibility in the manner of teaching the required curricula when not in conflict with the parameters of Board-approved curricula. (4) Provide for sanctions for nursing assistant and medication aide education programs that do not maintain compliance with Board established standards. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.440 & ORS 678.444 History: BN 8-2025, amend filed 04/24/2025, effective 07/01/2025 BN 8-2020, amend filed 12/14/2020, effective 01/01/2021 BN 1-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-061-0040 Inactive Status or Closure of a Program (1) Voluntary Inactive Status. An education program may be granted temporary inactive status for up to two years: (a) The program director must notify the Board in writing of the intended inactive date and the plan for allowing the currently enrolled students to complete the program. (b) The program must be continued until the committed class schedule of currently enrolled students is completed. (2) Involuntary Inactive Status. An education program will be placed on temporary inactive status for up to one year for the following reasons: (a) To allow an opportunity for the program to take corrective action; or (b) After a period of 12 months during which no classes were taught. (3) Process to reinstate active status: An education program may request reinstatement subsequent to voluntary or involuntary inactive status by submitting satisfactory evidence that the program meets Board standards. (4) Voluntary Closing. When a facility, institution or individual discontinues an education program, the program director must first: (a) Notify the Board in writing of the intended closing date and the plan for allowing the currently enrolled students to complete the program. (b) Continue the program until the committed class schedule of currently enrolled students is completed. (c) Provide for the custody of the records: (A) If the education program closes but the educational institution or licensed health care agency continues to function, the institution must assume responsibility for the records of the students and the graduates. The Board of Nursing must be advised of the arrangements made to safeguard the records. (B) If the facility-based or independent education program ceases to exist, the Board of Nursing must be consulted within 30 days about the maintenance of student records. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.440 & ORS 678.444 History: BN 8-2020, amend filed 12/14/2020, effective 01/01/2021 BN 5-2014, f. 12-1-14, cert. ef. 1-1-15 BN 2-2011, f. & cert. ef. 7-11-11 BN 1-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-061-0070 Reports and Approvals (1) Program changes requiring Board approval: (a) Change of program ownership: (A) When ownership of an education program changes, a report must be submitted, in writing within 15 days, to the Board representative containing the following information: (i) Anticipated effects on students, faculty and resources; and (ii) Plans for the orderly transition of the program. (B) If the change in ownership only causes minor changes to the program, as determined by the Board representative, there is no need to seek new approval of the program. (C) If the change causes a substantial impact on the students, faculty or program resources, as determined by the Board representative, on the students, faculty, or program resources, an application and approval for the program will be required. (b) Changes in course content, lab/clinical skill checklist, final exam, certificate of completion, program director, primary instructor, clinical teaching associate, policies and procedures related to attendance, course requirements, cancellation and refunds, or classroom or clinical sites must be submitted to the Board for approval prior to implementation. (2) Program data to be sent to Board: (a) Nursing assistant and medication aide education programs shall register with the Board by the end of the second class day, each student’s: (A) Name; (B) Date started education program; (C) E-mail address; and (D) Phone number. (b) Nursing assistant and medication aide education programs shall register with the Board within 14 days of program completion, each student’s: (A) Number of classroom and clinical hours completed; and (B) Date of program completion. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.440 & ORS 678.444 History: BN 8-2025, amend filed 04/24/2025, effective 07/01/2025 BN 8-2020, amend filed 12/14/2020, effective 01/01/2021 BN 5-2014, f. 12-1-14, cert. ef. 1-1-15 BN 6-2008, f. & cert. ef. 6-24-08 BN 1-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-061-0075 Standards for Approval: Organization and Administration (1) Education program policies and procedures must be in written form, include date initiated, date reviewed, and date revised, and must be reviewed by education program director at least annually. (2) Education programs implementing program changes cannot require students who are currently enrolled to complete the requirements of a revised program. Enrolled students must be allowed to complete the program requirements identified in their most current signed enrollment agreement. Exceptions may be allowed when and if the school and student mutually agree to the program change(s) and a new or amended enrollment agreement is negotiated, accepted, and signed by the student and school. Examples of program changes as used in this rule include, but are not limited to, increase or decrease of hours required, changes in the schedule of hours of instruction, adding or dropping course requirements, increasing program costs or fees, or changes in the payment plan. (3) Education program must be financially viable for the stability and continuation of the program. (a) Education program providers in assisted living, licensed nursing, and residential care facilities licensed by the Department of Human Services or the Health Authority and education programs licensed by the Department of Education are exempt from demonstrating financial viability to the Board. (b) Education program providers not identified in OAR 851-061-0075(3)(a), will provide financial statements or tax documents to demonstrate: (A) Assets equal to or greater than liabilities; (B) No operating loss in any year of more than 10% of their net worth; and (C) No operating loss of any amount for two consecutive years. (c) An education program that is unable to verify financial viability may be required to get a letter of credit, or escrow unearned tuition. (4) All education program advertising, sales, collection, credit or other business practices are conducted in a manner that does not violate ORS 646.608. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.440 & ORS 678.444 History: BN 11-2022, amend filed 07/26/2022, effective 08/01/2022 BN 8-2020, amend filed 12/14/2020, effective 01/01/2021 BN 2-2011, f. & cert. ef. 7-11-11
851-061-0100 Standards for Program Approval: Responsibility to Students The nursing assistant and medication aide education programs will be accountable to students by: (1) Providing reasonable assurance that expectations of becoming a certified nursing assistant or medication aide will be met, as evidenced by maintaining: (a) At least a 70% pass rate for first-time candidates taking the Board-approved competency examination for two consecutive 12-month periods; and (b) An 85% or higher total pass rate that includes first-attempt and all subsequent attempts of all exam-takers for the most recent 12 months. (2) Informing students of the following information: (a) That for facility-based nursing assistant programs, no student who is employed by, or who has received an offer of employment from a facility on the date on which the student begins the educational program will be charged for any portion of the program, including any fees for textbooks or other required course materials in accordance with federal regulations. (b) The Department of Human Services and Board of Nursing's criminal history requirements and policies. This information must be provided to students prior to admission to the program. (3) Issuing the Board-approved certificate of completion or making an appropriate notation on a transcript for a graduate who has successfully completed the education. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.444 History: BN 8-2025, amend filed 04/24/2025, effective 07/01/2025 BN 8-2020, amend filed 12/14/2020, effective 01/01/2021 BN 6-2008, f. & cert. ef. 6-24-08 BN 7-2006, f. & cert. ef. 5-8-06 BN 1-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-061-0120 Standards for Approval: Facilities and Services (1) Facilities used for education must be in compliance with all applicable federal and state standards. (2) For programs other than on-line programs, the classroom must be large enough to meet the students' and instructor's basic needs and must have: (a) Temperature controlled environment; (b) Adequate ventilation; (c) A clean, quiet, and undisturbed environment; (d) Conditions that are safe and conducive to learning; (e) Functional and adequate lighting; and (f) Seating and note-taking surfaces for each student. (3) Laboratory facilities must have: (a) Materials, equipment, and supplies needed for student practice of all required skills taught in the curriculum; (b) The laboratory facility available for the students’ and instructors’ use during instructional hours throughout the education period; and (c) At least one fully functional bed for every five students. (4) Clinical facilities must provide private meeting space for education program faculty and students’ use during instructional hours throughout the clinical experience. (5) Resources must include: (a) Needed A-V equipment or modules; and (b) Access to library resources. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.444 History: BN 8-2020, amend filed 12/14/2020, effective 01/01/2021 BN 2-2008, f. & cert. ef. 2-25-08 BN 6-1999, f. & cert. ef. 7-8-99
851-061-0123 Standards for Program Approval: Records A system of nursing assistant and medication aide education program records must be made available to the Board representative and: (1) Be maintained for a period of seven years; (2) Be maintained in a secure and dry manner; and (3) Include the following program files that are dated and contain: (a) Faculty name and qualifications; (b) Curricula, including the teaching methodology; (c) Course schedules, including classroom and supervised clinical hours; (d) Laboratory and clinical skill checklists; (e) Final exams; (f) Documentation of Board approvals and re-approvals; and (g) Policies, including but not limited to attendance, behavioral expectations, course requirements including satisfactory progress standards, criminal history checks, dress code, cancellations and refunds, and administration of examinations. (4) Include student records that contain: (a) Course start date; (b) Document signed by student stating that they have received, read, and understand the disclosure statement, enrollment agreement, and program policies; (c) Student progress record; (d) Laboratory and clinical skills checklist; (e) Attendance record; (f) Examination scores; (g) Proof of CPR certification (nursing assistant education program); (h) Proof of the criminal history check; (i) Date of completion; (j) Record of student completion: (A) Facility-based and independent programs shall must maintain a copy of the student certificate of completion; (B) Community College and High School programs may meet this standard by appropriate notation on student transcript ; and (k) Date the student was employed (if applicable). Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.444 History: BN 8-2025, amend filed 04/24/2025, effective 07/01/2025 BN 8-2020, adopt filed 12/14/2020, effective 01/01/2021
851-061-0126 Standards for Approval: Evaluation (1) An education program must provide and implement a plan to evaluate the program that includes: (a) Frequency of evaluation; (b) Evaluative criteria; (c) Person responsible for evaluation criteria; (d) Results of the evaluation; and (e) Actions taken to improve the program. (2) The program must evaluate the following elements at least every two years: (a) Student evaluations of the education program; (b) Pass rates on the Board-approved competency examination for each admission cohort; (c) Student attrition rates during the education for each admission cohort; (d) Resolution of student complaints and grievances in the past two years; (e) Program policies and procedures; (f) Feedback from clinical education sites; and (g) Feedback from employers of graduates. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.444 History: BN 8-2020, adopt filed 12/14/2020, effective 01/01/2021
851-061-0130 Standards for Out-of-State Student Clinical Experience in Oregon (1) Out-of-State Programs who seek to send student(s) for clinical experience in Oregon must meet the requirements established in OAR 851-061-0090(8)(c) and 851-061-0090(9)(b). (2) Programs with faculty and facilities located in Oregon and approved by another state will be required to obtain approval as a program in Oregon. Statutory/Other Authority: ORS 678.440 & ORS 678.444 Statutes/Other Implemented: ORS 678.444 History: BN 8-2020, amend filed 12/14/2020, effective 01/01/2021 BN 2-2011, f. & cert. ef. 7-11-11 BN 1-2004, f. 1-29-04, cert. ef. 2-12-04
851-062-0011 Name, Address and Employer of Record (1) Name of Record: (a) The current legal name of the Certified Nursing Assistant (CNA) or Certified Medication Aide (CMA) must be on file with the Board at all times and shall be considered the name of record. (b) To change the name of record, the CNA or CMA must submit notification of change of name to the Board, accompanied by legal proof of that name change. Such proof must be in the form of official records reflecting the current name of legal record. (c) The name of record must be the same name used for the performance of authorized duties. (2) Contact Information of Record: (a) A CNA or CMA must keep current contact information on file with the Board at all times, including mailing address which shall be considered the address of record, primary phone contact number, and e-mail address. (b) A Notice of Proposed Disciplinary Action sent to the CNA or CMA’s address of record by certified mail or registered mail, is sufficient notice even if the CNA or CMA fails to respond to the postal service "return receipt" and never receives the Notice. Such mailing permits the Board to proceed with disciplinary action in the absence of a request for a hearing. (3) Employer of Record: Any CNA or CMA actively performing CNA or CMA authorized duties must report current employer(s) and employer’s mailing address(es) to the Board. All employers, where the CNA or CMA is working within the authorized duties, must be reported. The CNA or CMA must update every change in employer and employer’s mailing address to the Board no later than 30 days after the change. Statutory/Other Authority: ORS 678.442 Statutes/Other Implemented: ORS 678.442 History: BN 33-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 29-2025, amend filed 11/20/2025, effective 11/20/2025 BN 5-2019, adopt filed 07/03/2019, effective 08/01/2019
851-062-0012 CNA Registry In accordance with federal regulations, the Board maintains a CNA Registry. The Registry contains: (1) Identifying demographic information on each CNA; (2) Date of initial and most recent certification; (3) Board sanctions against a CNA certificate; and (4) Findings of resident abuse, neglect or misappropriation of resident property, made by the Department of Human Services against a CNA. Statutory/Other Authority: ORS 678.442 Statutes/Other Implemented: ORS 678.442 History: BN 5-2019, adopt filed 07/03/2019, effective 08/01/2019
851-062-0020 Oregon CNA Certification (1) An individual must have an active Oregon CNA certification and be listed on the Oregon CNA Registry before performing CNA authorized duties. (2) A student nursing assistant in a Board-approved training program may perform nursing assistant duties with appropriate supervision. (3) An unlicensed person who is performing tasks that have been delegated by a Registered Nurse according to OAR 851-047-0000 through OAR 851-047-0040 is exempt from the certification requirement. (4) Successful completion of a Board-approved nursing assistant training program and competency examination alone does not qualify an individual for Oregon CNA certification. All application requirements must be met before certification is issued. (5) An RN, LPN or student nurse must have active CNA certification before being identified as a CNA and performing CNA authorized duties. (6) An RN or LPN employed as a CNA must not perform duties outside of the CNA authorized duties while working as a CNA. Statutory/Other Authority: ORS 678.440 & ORS 678.442 Statutes/Other Implemented: ORS 678.440 & ORS 678.442 History: BN 9-2025, amend filed 04/24/2025, effective 07/01/2025 BN 7-2023, amend filed 10/06/2023, effective 10/06/2023 BN 4-2023, amend filed 09/22/2023, effective 10/01/2023 BN 5-2019, amend filed 07/03/2019, effective 08/01/2019 BN 10-2010, f. & cert. ef. 6-25-10 BN 8-2008, f. & cert. ef. 11-26-08 BN 2-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-062-0050 Initial Nursing Assistant (NA) Certification Eligibility (1) An individual may apply for initial NA certification by submitting a completed application, which includes: (a) The Board’s initial application form; (b) Payment of all applicable fees described in OAR Chapter 851 Division 2; (c) Proof of passing the Board-approved NA competency examination; (d) Completion of a national fingerprint criminal history background check as described in OAR 851-001-0115; and (e) One of the following: (A) Proof of completion, including date of completion of a nursing assistant training program approved by the Board or, for non-Oregon programs, by the appropriate agency in that state or U.S. territory; (B) A Joint Services transcript and DD214 form; (C) Proof of an active RN, PN or Vocational Nurse (VN) license in good standing; or (D) Proof of current enrollment in a nursing education program approved by the Board or, for non-Oregon programs, by the appropriate agency in that state or U.S. territory. (2) For applicants with NA certification in another state or U.S. territory at the time of application, the active certification may be considered proof of completion of the Board-approved competency examination. (3) Incomplete applications expire 12 months after the initial submission date. Statutory/Other Authority: ORS 678.440, ORS 678.442 & ORS 676.850 Statutes/Other Implemented: ORS 678.442 & ORS 676.850 History: BN 33-2025, temporary amend filed 11/24/2025, effective 11/24/2025 through 12/31/2025 BN 29-2025, amend filed 11/20/2025, effective 11/20/2025 BN 9-2025, amend filed 04/24/2025, effective 07/01/2025 BN 5-2021, amend filed 06/21/2021, effective 07/01/2021 BN 5-2019, amend filed 07/03/2019, effective 08/01/2019 BN 6-2014, f. 12-2-14, cert. ef. 1-1-15 BN 3-2014, f. 6-25-14, cert. ef. 8-1-14 BN 14-2013, f. 12-4-13, cert. ef. 1-1-14 BN 10-2010, f. & cert. ef. 6-25-10 BN 2-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99