justicedao/ipfs_state_laws huggingface dataset:
851-062-0054 Temporary Certification as a CNA for Spouses and Domestic Partners of Active Duty Armed Forces of the United States Stationed in Oregon (1) A temporary certification to practice as a Certified Nursing Assistant (CNA) shall be issued to the spouse of active duty armed forces personnel when the following requirements are met: (a) A completed application and payment of fee is received by the Board; and (b) Submission of copy of the military orders assigning the active duty member to an assignment in Oregon; and (c) The spouse holds a current certification as a CNA in another state; and (d) The certificate is unencumbered and verified as active and current through processes defined by the Board. (2) The temporary certificate shall expire on the following date, whichever occurs first: (a) Oregon is no longer the duty station of the active armed forces member; or (b) The certificate in the state used to obtain a temporary certificate expires; or (c) Two years after the issuance of the temporary certificate; or (d) When no longer a spouse or domestic partner of an active duty armed forces member. (3) This temporary certificate is not renewable. If the dates in section two of this rule are exceeded and the spouse continues to practice in Oregon, the spouse must apply for an active Oregon certificate. This certificate must be obtained using the processes and fees established for permanent certification. Continuing to work in Oregon when the temporary certificate has expired will be considered practicing without a valid certificate and is subject to Board action. Statutory/Other Authority: ORS 678.150, ORS 678.390 & ORS 678.440 Statutes/Other Implemented: ORS 678.150, ORS 678.390 & ORS 678.440 History: BN 9-2025, amend filed 04/24/2025, effective 07/01/2025 BN 17-2019, adopt filed 11/23/2019, effective 01/01/2020
851-062-0055 Competency Examination (1) Exam Accommodations: A qualified applicant must be able to perform duties safely, without risk to the health and safety of others or themselves. (a) An applicant with a disability who requests accommodation at the exam site must: (A) Submit a fully completed accommodation request form provided by the Board; and (B) Arrange for primary source documentation to be sent directly to the Board by the diagnosing provider or learning specialist that includes: (i) Specific type of disability and confirmation of diagnosis; and (ii) Type of diagnostic study or analysis used; and (iii) Accommodation needed for testing related to the disability; and (iv) Provider’s original signature, official title and contact information. (b) An applicant who has been ill or has a temporary restriction of activity must arrange for the healthcare provider to send the Board a medical release for full return to normal activity before taking the manual skills portion of the exam. (2) Exam Controls: (a) Reference materials, including dictionaries, may not be used during testing. (b) Language translation aids must not be used for exam purposes. This includes translators, documentation or electronic devices that translate one language to another. (c) If a candidate decides not to complete the examination after receiving the knowledge test booklet or the skill test instructions, the attempt will be scored as a failure. (3) Examination results will be mailed or emailed to the applicant at the applicant's address of record and will not be released by telephone. (4) Failure to take the examination or to reschedule the examination in advance will result in re-examination fees unless the absence has been excused by the testing service. Statutory/Other Authority: ORS 678.440 & ORS 678.442 Statutes/Other Implemented: ORS 678.442 History: BN 5-2019, amend filed 07/03/2019, effective 08/01/2019 BN 10-2010, f. & cert. ef. 6-25-10 BN 6-2005, f. & cert. ef. 6-30-05 BN 2-2004, f. 1-29-04, cert. ef. 2-12-04
851-062-0061 CNA Limited Certificate for Governor Declared Emergency (1) During an emergency declared by the Governor pursuant to ORS 401.165 and subject to terms and conditions that the Board may impose, the Board may issue a limited certificate to a nursing assistant authorized in another state or U.S. jurisdiction when the following requirements are met: (a) A completed application (application fee waived) is received by the Board; and (b) Using instructions provided by the Board, the applicant must arrange for primary source verification of the active unencumbered nursing assistant certification in another state or jurisdiction. (2) The limited certification shall expire on the following date, whichever occurs first: (a) The Oregon Governor-Declared Emergency declaration expires; or (b) The certification in the state or jurisdiction used to obtain the limited certification expires; or (c) Two years after the issuance of the limited certification. (3) Non-Renewable Limited Certification: A limited certification is not renewable and expires based on whichever occurs first in OAR 851-062-0061(2). The individual must apply for permanent Oregon certification by endorsement in order to continue performing nursing assistant duties in Oregon. Continuing to work in Oregon after the limited certification has expired is considered practicing without a valid certification and is subject to Board action. (4) Reinstatement of Limited Certification: A previously issued expired limited certification may be reinstated if the following are true: (a) A new state of emergency has been declared by the Governor; and (b) The individual has not been issued permanent Oregon CNA certification by endorsement; and (c) Holds active unencumbered nursing assistant certification in another state or U.S. jurisdiction. (d) A qualified applicant must: (A) Submit a completed reinstatement application (application fee waived) to the Board; and (B) Using instructions provided by the Board, the applicant must arrange for primary source verification of the active unencumbered nursing assistant certification in another state or jurisdiction. Statutory/Other Authority: ORS 401.165 Statutes/Other Implemented: ORS 401.165 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 4-2024, adopt filed 06/20/2024, effective 07/01/2024 BN 8-2023, temporary adopt filed 11/22/2023, effective 01/01/2024 through 06/28/2024
851-062-0070 Renewal of CNA Certification (1) An NA certificate is valid for two years from the date it is issued. Certificate holders must apply for renewal by 11:59 p.m. on the date of their license expiration to be considered timely. (2) The certificate holder may reapply by submitting a completed application which includes: (a) The Board’s renewal application form; (b) Payment of applicable fees in OAR Chapter 851 Division 2; (c) Completion of state records criminal background check as described in OAR 851-001-0115; and (d) Every 48 months or every other renewal cycle, the applicant must attest to completion of two hours of cultural competency continuing education. (3) A renewal application may be submitted no more than 90 days before the expiration of the certificate. (4) Once a certificate has been expired for more than 90 days, an individual will need to apply for reinstatement described in OAR 851-062-0071. (5) Incomplete applications expire 12 months after 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 4-2022, amend filed 02/18/2022, effective 03/01/2022 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 10-2010, f. & cert. ef. 6-25-10 BN 4-2004, f. & cert. ef. 2-20-04 BN 2-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-062-0071 Reinstatement of CNA Certification (1) An individual whose NA certification has been expired for more than 90 days but no more than two years may apply for reinstatement by submitting a completed application, which includes: (a) The Board’s reinstatement application form; (b) Payment of the fee in OAR Chapter 851 Division 2; (c) Completion of a national fingerprint-based criminal background check as described in OAR 851-001-0115; and (d) Completion of two hours of cultural competency continuing education. (2) An individual with an expired NA certification for over two years can apply for reinstatement by completing the application and passing the Board-approved exam. (3) Applicants who do not pass the examination are required to complete a training program prior to a retake. 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, adopt filed 07/03/2019, effective 08/01/2019
851-062-0075 CNA Disciplinary Reinstatement (1) An individual whose NA certification has been revoked or voluntarily surrendered is not eligible for reinstatement under OAR 851-062-0071 but may apply for disciplinary reinstatement. (2) An applicant for disciplinary reinstatement may submit a completed application which includes: (a) The Board’s disciplinary reinstatement application form; (b) Payment of the fee in OAR Chapter 851 Division 2; (c) Proof of completion of an NA training program following revocation or surrender; (d) Passage of the Board approved competency exam after submission of application; and (e) Completion of a national fingerprint-based criminal background check as described in OAR 851-001-0115. (3) An applicant under this rule is also subject to OAR 851-001-0015. (4) Incomplete applications expire 12 months after submission date. Statutory/Other Authority: 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 2-2004, f. 1-29-04, cert. ef. 2-12-04
851-062-0080 Oregon CMA Certification A CMA must have a current Oregon CMA certificate and be listed on the Oregon CNA Registry prior to performing medication aide duties. Statutory/Other Authority: ORS 678.442 Statutes/Other Implemented: ORS 678.442 History: BN 5-2019, amend filed 07/03/2019, effective 08/01/2019 BN 14-2013, f. 12-4-13, cert. ef. 1-1-14 BN 2-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-062-0090 CMA Certification Eligibility (1) An applicant may apply for Medication Aide certification by submitting a completed application, which includes: (a) The Board’s medication aide application form; (b) Holding a current Oregon CNA certification; (c) Payment of the fee in OAR Chapter 851 Division 2; (d) Passing the Board-approved medication aide examination; and (e) One of the following: (A) Proof of completion of a medication aide training program approved by the Board, or, for non-Oregon programs, approved by the appropriate agency in that state or U.S. territory; (B) A joint Services transcript and DD-214 form; or (C) Proof of an active RN, PN or VN license in good standing. (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) Incomplete applications expire 12 months after submission date. Statutory/Other Authority: ORS 678.440 & 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 9-2025, amend filed 04/24/2025, effective 07/01/2025 BN 5-2019, amend filed 07/03/2019, effective 08/01/2019 BN 1-2012, f. 2-24-12, cert. ef. 4-1-12 BN 2-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-062-0100 CMA Examination (1) The medication aide examination shall be administered and evaluated only by the Board or by a Board-approved entity. (2) Examination sites and dates shall be determined by the Board or a Board-approved entity. Statutory/Other Authority: ORS 678.440 & ORS 678.442 Statutes/Other Implemented: ORS 678.442 History: BN 5-2019, amend filed 07/03/2019, effective 08/01/2019 BN 1-2013, f. 2-28-13, cert. ef. 4-1-13 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
851-062-0110 Renewal of CMA Certification (1) A MA certificate is valid for two years from the date it is issued. Certificate holders must apply for renewal by 11:59 p.m. on the date of their license expiration to be considered timely. (2) The certificate holder may reapply by submitting a completed application which includes: (a) The Board’s renewal application form; (b) Payment of applicable fees in OAR Chapter 851 Division 2; (c) Completion of state records criminal background check as described in OAR 851-001-0115; and (d) Attest to completion of eight hours of continuing education within the past two years related to medication aide authorized duties. (3) A renewal application may be submitted no more than 90 days before the expiration of the certificate. (4) Once a certificate has been expired for more than 90 days, an individual will need to apply for reinstatement described in OAR 851-062-0114. (5) Incomplete applications expire 12 months after submission date. Statutory/Other Authority: ORS 678.440 & 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 9-2025, amend filed 04/24/2025, effective 07/01/2025 BN 5-2019, amend filed 07/03/2019, effective 08/01/2019 BN 1-2012, f. 2-24-12, cert. ef. 4-1-12 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
851-062-0114 Reinstatement of CMA Certification (1) An individual whose MA certification has been expired for more than 90 days but no more than two years may apply for reinstatement by submitting a completed application, which includes: (a) The Board’s reinstatement application form; (b) Payment of the fee in OAR Chapter 851 Division 2; (c) Completion of a national fingerprint-based criminal background check as described in OAR 851-001-0115; and (d) Completion of two hours of cultural competency continuing education. (2) An individual with an expired MA certification for over two years can apply for reinstatement by completing the application and passing the Board-approved exam. (3) Applicants who do not pass the examination are required to complete a training program prior to a retake. Statutory/Other Authority: ORS 678.440 & 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
851-062-0116 CMA Disciplinary Reinstatement (1) An individual whose MA certification has been revoked or voluntarily surrendered is not eligible for reinstatement under OAR 851-062-0071 but may apply for disciplinary reinstatement. (2) An applicant for disciplinary reinstatement may submit a completed application which includes: (a) The Board’s disciplinary reinstatement application form; (b) Payment of the fee in OAR Chapter 851 Division 2; (c) Proof of completion of an MA training program following revocation or surrender; (d) Passage of the Board approved MA competency exam after submission of application; and (e) Completion of a national fingerprint-based criminal background check as described in OAR 851-001-0115. (3) An applicant under this rule is also subject to OAR 851-001-0015. (4) Incomplete applications expire 12 months after submission date. Statutory/Other Authority: ORS 678.440 & 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
851-063-0010 Purpose of Authorized Duties and Standards (1) To establish standards for the certified nursing assistant (CNA). (2) To identify the authorized duties which may be performed by the certified nursing assistant (CNA) and certified medication aide (CMA) in the process of assisting a licensed nurse; and (3) To establish conduct unbecoming for CNAs and CMAs. Statutory/Other Authority: ORS 678.440, ORS 678.442 & ORS 678.444 Statutes/Other Implemented: ORS 678.440, ORS 678.442 & ORS 678.444 History: BN 15-2025, amend filed 06/27/2025, effective 07/01/2025 BN 7-2014, f. 12-3-14, cert. ef. 1-1-15 BN 3-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-063-0021 Standards for Certified Nursing Assistants In the process of client care the CNA must (1) Follow the plan of care as directed and supervised by the licensed nurse. A CNA may not work independently; (2) Report to the licensed nurse any observed changes in the client’s condition ; (3) Record observations and measurements, duties completed, and client statements about condition or care; and (4) Apply safety concepts in the workplace. Statutory/Other Authority: ORS 678.440, ORS 678.442 & ORS 678.444 Statutes/Other Implemented: ORS 678.440, ORS 678.442 & ORS 678.444 History: BN 15-2025, adopt filed 06/27/2025, effective 07/01/2025
851-063-0070 Authorized Duties and Standards for Certified Medication Aide (CMA) (1) Under the supervision of a licensed nurse, a CMA may administer: (a) Oral, sublingual and buccal medications; (b) Eye medications; (c) Ear medications; (d) Nasal medications; (e) Rectal medications; (f) Vaginal medications; (g) Skin ointments, topical medications including patches and transdermal medications; (h) Medications by gastrostomy and jejunostomy tubes; (i) Premeasured medication delivered by aerosol or nebulizer; and (j) Medications delivered by metered hand-held inhalers. (2) A CMA may administer pro re nata (PRN) medications including controlled substances to stable clients according to the licensed independent practitioner's orders. (3) A CMA may: (a) Administer regularly scheduled controlled substances; (b) Jointly witness wasted controlled substances with a licensed nurse; (c) Count controlled substances with a licensed nurse or another CMA; (d) Perform fingerstick CBG test; (e) Turn oxygen on and off at predetermined, established flow rate; and (f) Add fluid to established jejunostomy or gastrostomy tube feedings and change established tube feeding bags. (4) A CMA may not administer medications by the following routes: (a) Central lines; (b) Colostomy; (c) Intramuscular; (d) Intrathecal; (e) Intravenous; (f) Nasogastric; (g) Nonmetered inhaler; (h) Subcutaneous; (i) Intradermal; (j) Urethral; (k) Epidural; or (l) Endotracheal. (5) A CMA may not administer the following kinds of medications: (a) Barium and other diagnostic contrast media; or (b) Chemotherapeutic agents except oral maintenance chemotherapy. (6) A CMA may not act as a clinical teaching associate to a student in a medication aide education program. Statutory/Other Authority: ORS 678.440, ORS 678.442, ORS 678.444 & ORS 678.445 Statutes/Other Implemented: ORS 678.440, ORS 678.442 & ORS 678.444 History: BN 15-2025, amend filed 06/27/2025, effective 07/01/2025 BN 16-2021, amend filed 07/21/2021, effective 08/01/2021 BN 7-2014, f. 12-3-14, cert. ef. 1-1-15 BN 3-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-063-0100 Conduct Unbecoming Certified Medication Aides A certified medication aide is subject to discipline as a CNA as described in these rules. In addition, a CMA is subject to discipline for conduct unbecoming a medication aide. Such conduct includes but is not limited to: (1) Failing to administer medications as ordered by an individual authorized by law to prescribe medications; (2) Failing to document a medication as administered, withheld, wasted, or refused as well as the reason a medication was withheld, wasted, or refused. (3) Violating the individual’s rights, including the right to refuse medication; (4) Altering or falsifying medication administration record; (5) Altering educational documentation submitted for CNA or CMA certification; (6) Diverting medications for use by self or others; (7) Accepting a verbal order or telephone order for medication from an individual authorized by law to prescribe medications, except as allowed in authorized duties; (8) Performing duties beyond those authorized for the CMA ; (9) Working as a CMA without CMA Certification; or (10) Representing oneself as a CMA without current CMA certification. Statutory/Other Authority: ORS 678.442 Statutes/Other Implemented: ORS 678.442 History: BN 15-2025, amend filed 06/27/2025, effective 07/01/2025 BN 16-2021, amend filed 07/21/2021, effective 08/01/2021 BN 7-2014, f. 12-3-14, cert. ef. 1-1-15 BN 3-2004, f. 1-29-04, cert. ef. 2-12-04 BN 6-1999, f. & cert. ef. 7-8-99
851-070-0011 Purpose, Intent and Scope The Oregon State Board of Nursing recognizes that substance use disorders and/or mental health disorders are potentially progressive, chronic diseases. The Board believes certified nursing assistants, licensed practical nurses, registered nurses, and advanced practice registered nurses can develop these diseases and, with appropriate treatment, be assisted in recovery and safely return to the practice of nursing. It is the intent of the Board that a certificate holder or licensee with a substance use disorder and/or mental health disorder may have the opportunity to enter the Health Professionals' Services Program (HPSP). Participation in the HPSP does not shield a certificate holder or licensee from possible disciplinary action. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, adopt filed 08/22/2025, effective 09/01/2025
851-070-0026 Participation in Health Professionals' Services Program Effective September 1, 2025, the Board will participate in the Health Professionals’ Services Program (HPSP) and may refer eligible certificate holder or licensee to the program in lieu of or in addition to discipline. Only certificate holder and licensee who meet the eligibility criteria may be referred by the Board to the program. (1) The certificate holder or licensee must be evaluated by an independent third-party evaluator. (2) The evaluation must include a diagnosis of a substance disorder and/or mental health disorder with the appropriate diagnostic code from the DSM, and treatment recommendations. (3) The certificate holder or licensee must provide a written statement agreeing to enter the HPSP and agreeing to abide by all rules established by the Board. (4) The certificate holder or licensee must enter the “HPSP Monitoring Agreement.” (5) The Board will determine whether a Board-referred certificate holder or licensee’s practice has presented or presents a danger to the public. (6) The contractor will determine whether a self-referred certificate holder or licensee’s practice has presented or presents a danger to the public. Statutory/Other Authority: ORS 676.200 Statutes/Other Implemented: ORS 676.200 History: BN 18-2025, adopt filed 08/22/2025, effective 09/01/2025