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 curriculum of established nursing assistant and medication aide education programs.
(3) Allow flexibility in the manner of teaching the required curriculum when not in conflict with the parameters of Board-approved curriculum.
(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 8-2020, 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

851-061-0030
Approval of New Nursing Assistant or Medication Aide Education Program

(1) Any person, partnership, association, corporation, or limited liability company desiring to offer education other than just nursing assistant or medication aide education to non-employed students will need to be licensed through the Oregon Higher Education Coordinating Commission in addition to meeting the Board’s standards as described in these rules.
(2) All nursing assistant level one, level two, or medication aide education programs must be Board-approved prior to being offered.
(3) Application for initial approval of level one, level two, and medication aide education programs: A facility, agency, on-line program provider, or individual wishing to establish a new nursing assistant level one, level two, or medication aide education program shall make application to the Board at least 45 days in advance of expected start date. The application for initial approval of an education program must include:
(a) A completed application form provided by the Board;
(b) Tentative time schedule for initiating the programs;
(c) Completed application form provided by the Board with resume for all faculty;
(d) Names and addresses of all classroom and clinical facilities;
(e) Name of person authorized to accept service of notices issued by the Board;
(f) Program rationale, philosophy and purpose;
(g) Program outline:
(A) Objectives;

(B) Curriculum content divided into number and sequence of didactic and clinical hours; and
(C) Teaching methodology.
(h) Evaluation method:
(A) Laboratory and clinical skills checklist approved by the Board;
(B) Final exam; and
(C) In addition, for level 2 education programs, a Board-approved competency validation.
(i) Student enrollment agreement and disclosure statement that includes:
(A) Beginning and ending dates of the education;
(B) An outline of the instructional program as required by these rules for which the student is enrolled;
(C) Fees, tuition, and other program costs (books, clothing, etc.) itemized separately;
(D) A published cancellation and refund policy, procedure, and schedule that is fully explained during orientation, prior to the beginning of instruction, and requires no less than:
(i) If the education program discontinues after the fees and tuition have been paid, the program provider must refund the tuition and fees in full if the closure happens before the course is completed;
(ii) If the student cancels enrollment in writing three days before the commencement of the first day of classes or three days before they receive access to the online didactic education, all tuition and fees paid to the program specific to the enrollment agreement, will be refunded, less a cancellation fee that cannot exceed ten percent of the tuition and fees paid; and
(iii) Clearly stated reasons for which a refund will not be granted; and
(E) Information about how the student can file a complaint about the program with the Board; and
(F) Explanation of what job placement assistance the student can expect from the education program.
(4) A site visit may be conducted by representatives of the Board.
(5) The program director will be notified of approval or non-approval. Following receipt of notification from the Board of approval or non-approval:
(a) A program that is approved may begin classes according to the schedule submitted;
(b) A program that is not approved will be notified of the deficiencies and will be re-evaluated after appropriate modifications are made;
(c) A program denied approval may petition the Board for reconsideration.
(6) An approved nursing assistant level one, level 2, or medication aide education program:
(a) Must be required to demonstrate ongoing compliance with the standards of approval at least every two years for continued approval.
(b) Must be surveyed for consideration of continued approval and may have a survey visit or interim self-evaluation report required by the Board at any time.
(c) May be subject to scheduled or non-scheduled site visits for continued approval or any other purpose at any time.
(d) Must submit an interim self-evaluation during the intervening year or as requested by the Board on forms provided by the Board.
(e) Must have records available for review.
(f) Must have adequate financial support for the stability and continuation of the program.
(g) Must have a written agreement with any clinical facility that is not a part of the controlling institution. Written agreements must:
(A) Be mutually agreed upon with the clinical facility;

(B) Be periodically reviewed;
(C) Include provisions for adequate notice of termination;
(D) Specify the responsibility of the education program to the facility and the responsibility of the facility to the education program; and
(E) Identify functions and responsibilities of the parties involved.

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 11-2017, amend filed 12/05/2017, effective 01/01/2018
BN 6-2017, f. 7-3-17, cert. ef. 8-1-17
BN 5-2014, f. 12-1-14, cert. ef. 1-1-15
BN 13-2013, f. 12-3-13, cert. ef. 1-1-14
BN 2-2011, f. & cert. ef. 7-11-11
BN 2-2008, f. & cert. ef. 2-25-08
BN 7-2006, f. & cert. ef. 5-8-06
BN 1-2004, f. 1-29-04, cert. ef. 2-12-04
BN 5-2002, f. & cert. ef. 3-5-02
BN 6-1999, f. & cert. ef. 7-8-99

851-061-0035
Periodic Evaluation of Nursing Assistant or Medication Aide Education Programs

A nursing assistant or medication aide education program may be the recipient of a site survey for any one of the following reasons:
(1) Nursing Assistant or Medication Aide Education Program Survey Request: The education program may request a survey or site visit at any time. Such request must be in writing and must include the purpose(s) for the visit.
(2) Periodic Evaluations related to possible non-compliance with federal or state standards.
(3) Survey Visits to Determine Continued Approval:
(a) All nursing assistant and medication aide education programs are required to demonstrate continuing compliance with the Standards for Approval at least every two years for continued approval;
(b) The survey visit must be made by representative(s) of the Board on dates mutually acceptable to the Board representative and the program;
(c) A program must submit a narrative self-evaluation report that provides evidence of compliance with the Standards of Approval between on-site visits.
(d) The program may be asked to participate in scheduling survey visit activities;
(e) During an announced or unannounced survey site visit, the Board representative must have access to, review and analyze various sources of information regarding program performance; including, but not limited to:
(A) All education program and student records;
(B) Students, staff, and faculty;
(C) Previous Board of Nursing survey reports, as necessary;
(D) Results of ongoing program evaluation; and
(E) Other sources of evidence regarding achievement of program outcomes including, but not limited to:
(i) Student retention, attrition, and on-time program completion rates;
(ii) Sufficient and adequate type and number of faculty, faculty competence and faculty retention and turnover;
(iii) Adequate laboratory and clinical learning experiences;
(iv) Pass rates on Board-approved competency examination;
(v) Trend data and action planning related to pass rate on Board-approved competency examination;
(vi) Trend data and action planning related to employer and graduate satisfaction;
(vii) Performance improvement initiatives related to program outcomes; and
(viii) Program complaints and grievance review and resolution.

(f) The education program will be evaluated by use of a rubric to guide the timing of the next survey site visit:
(A) Each standard will be evaluated as “met”, “partially met” or “not met”;
(B) The Board representative’s comments will be included for most standards and in every case when a standard is partially met or not met;
(C) Standards partially met will be deemed sufficiently met to merit the recommendation for continued approval;
(D) Recommendations in the summary of the report are intended as advisory to the education program. Recommendations, or alternative approach to meet the standard, are intended to be implemented before the next survey visit;
(E) Any failure to address previously-identified survey recommendations may result in a deficiency;
(F) If a deficiency exists, notice will be given in writing to the education program director specifying the deficiency(ies) and prescribing the timeframe within which the deficiency(ies) must be corrected;
(G) Any violation of standards or failure to address previously-identified survey deficiencies, in the time prescribed by the Board, may result in withdrawal of program approval as established in OAR 851-061-0050;
(g) Continuing approval will be granted upon the Board’s ratification:
(A) Board representative retains authority to recommend the length of approval granted regardless of rubric score; and
(B) The final decision is made by the Board.

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

851-061-0040
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

851-061-0050
Denial or Withdrawal of Program Approval

(1) The Board may deny or withdraw approval if standards for approval of new or existing nursing assistant level one, level two, or medication aide education programs are not being met:
(a) Notice of the deficiency(ies) will be given in writing to the program director;
(b) The program director may submit evidence of correction to the Board;
(c) The Board may withdraw program approval immediately or prescribe the time within which the deficiency(ies) must be corrected;
(d) The approval may be withdrawn if the program fails to correct the deficiency(ies) within the time specified;
(e) A program may request a hearing if the approval is withdrawn; and
(f) The withdrawal may be effective after the last currently enrolled student has completed the program.
(2) Pursuant to Federal Regulations the Board must deny approval to a education program and withdraw approval from a previously approved education program offered by or in a licensed nursing facility or a skilled nursing facility which, in the previous two years:
(a) Is operating under a waiver for coverage by licensed nurses; or
(b) Has been subject to an extended survey or partial extended survey; or
(c) Has been subject to imposition of a denial of payment, temporary manager, or termination; or
(d) Was assessed a civil money penalty affecting eligibility for the federal Nurse Aide Training and Competency Evaluation Program.
(3) A program or facility that has had its approval denied or withdrawn pursuant to OAR 851-061-0050(2) may apply to the Department of Human Services for a Waiver of Program Prohibition.
(4) The Board may withdraw program approval of a nursing assistant level one, level two, or medication aide education program if:
(a) The program cannot provide satisfactory evidence that the standards for nursing assistant level one, level two, or medication aide education programs are consistently maintained as determined by a survey visit or interim self-evaluation report which may be required by the Board at any time, for any purpose, and may be announced or unannounced; or
(b) No classes have been taught for 24 consecutive months; or
(c) The pass rate for graduates of the program falls below 70% for the first-time candidates taking the Board-approved competency examination for two consecutive 12-month periods or below 85% for the first attempt and all subsequent attempts of all exam-takers for the most recent 12 months; or
(d) An education site visit is not permitted, records are not available for review, or access to students or faculty is denied; or
(e) The clinical facility fails to permit a site visit of the education program; or

(f) The parent institution or governing body knowingly makes any false, misleading, or deceptive statements, or submits or causes to be submitted any false, misleading or deceptive information or documentation to the Board or any representative of the Board.
(5) When program approval is withdrawn, the program must:
(a) Submit a plan to the Board within ten working days for completion of the currently enrolled students;
(b) Allow currently enrolled students to complete the course; and
(c) Submit the required student information to the Board, using the Board approved format, when the students have completed the course.
(6) The Board may reinstate approval of the program upon submission of satisfactory evidence that the program meets the Board standards.

Statutory/Other Authority: ORS 678.440 & ORS 678.444
Statutes/Other Implemented: ORS 678.444
History:
BN 28-2021, amend filed 12/15/2021, effective 01/01/2022
BN 8-2020, amend filed 12/14/2020, effective 01/01/2021
BN 14-2017, amend filed 12/05/2017, effective 01/01/2018
BN 5-2014, f. 12-1-14, cert. ef. 1-1-15
BN 2-2011, f. & cert. ef. 7-11-11
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

851-061-0070
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 level one and medication aide education programs shall register with the Board:
(A) By the end of the second class day, each student’s:
(i) Name;
(ii) Date started education program;
(iii) E-mail address; and
(iv) Phone number.
(B) Within 14 days of program completion, each student’s:
(i) Number of classroom and clinical hours completed; and
(ii) Date of program completion;

(b) Nursing assistant level two education programs must submit to the Board, within two weeks of completion of a class, verification of each student’s program completion by the Board approved format.

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 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

851-061-0080
Standards for Program Approval: Faculty Qualifications and Responsibilities

(1) The education program director must:
(a) Hold a current Oregon RN license;
(b) Have at least two years of RN nursing experience that includes at least one year of direct care; and

(c) Have evidence of completion of a course on teaching adults, or one year of experience teaching adults:
(A) As faculty in a nursing education program;
(B) In a staff development role; or
(C) As a nurse administrator.
(2) An applicant for program director whose RN license has been previously disciplined or is under current discipline will be subject to further evaluation by Board staff.
(3) Supervision of level-one nursing assistant education must be done by:
(a) A program director who has at least one year of nursing experience in the provision of long-term care facility services; or
(b) All primary instructors must have at least one year of nursing experience in the provision of long-term care facility services.
(4) Supervision of level-two nursing assistant education must be done by:
(a) A program director who has at least one year of nursing experience in an acute care facility; or
(b) All primary instructors must have at least one year of nursing experience in an acute care facility.
(5) The program director must:
(a) Act as liaison with the Board related to the program's continuing compliance with the required elements of these rules;
(b) Implement and maintain a program that complies with all Board standards contained in these rules;
(c) Assume the ultimate responsibility for the implementation of the Board-approved curriculum;
(d) Have sufficient time provided for carrying out administrative responsibilities. Number of faculty, students, classes in progress, and locations utilized for classroom and clinical training are to be considered in determining appropriate time allocated;
(e) Recruit, supervise, and evaluate qualified primary instructors and clinical teaching associates;
(f) Provide or arrange for the orientation of the primary instructors and clinical teaching associates to their role and responsibilities.
(g) Develop and implement written policies necessary for the operation of the program, including those maintained under OAR 851-061-0123(3)(g);
(h) Ensure that all students have initiated a criminal history check that meets the laws governing the clinical site facility prior to entering the program and all students are determined eligible to participate in the program's clinical experiences.
(i) Coordinate classroom and clinical sites and activities;
(j) Ensure that the classroom, lab, and clinical environment is conducive to teaching and learning;
(k) Assure that the clinical setting provides an opportunity for the students to perform the skills taught in the curriculum;
(l) Ensure that a Board-approved primary instructor or clinical teaching associate is on the premises at all times during scheduled clinical hours;
(m) Supervise or coordinate supervision of students in the clinical setting or assign this responsibility to the primary instructor.
(n) Assess students' reactions to course content, instructional effectiveness, and other aspects of the learning experience through an anonymous and confidential process;
(o) Submit program data upon request of the Board on forms provided by the Board;
(p) Submit required reports;

(q) Verify that the training facility in which the education program is offered or utilized for the clinical experience is licensed under the appropriate licensing agency and is in substantial compliance with all standards for licensure;
(r) Verify that a facility utilized for out-of-state clinical experience:
(A) Has not been found within the preceding two years, by the state survey and certification agency, using the currently applicable Center for Medicare and Medicaid Services regulations, to be categorized as providing substandard quality of care;
(B) Is no more than 50 miles from an Oregon border; and
(C) Has given permission for site visits by Board staff.
(s) For medication aide education programs, determine student eligibility by verifying that the applicant:
(A) Holds a current certificate to practice as a CNA 1 on the CNA Registry prior to starting and throughout the medication aide education;
(B) Has graduated from an approved basic nurse aide education program at least six months prior to enrollment in the medication aide education program; and
(C) Meets the employment requirement of at least six months of full time experience as a nursing assistant or the equivalent in part time experience since graduation from a basic nursing assistant education program unless the applicant is exempt under OAR 851-062-0090.
(t) For level two education programs, determine student eligibility by verifying that the applicant holds a current certificate to practice as a CNA 1 on the CNA Registry prior to starting and throughout the level two education.
(6) Education primary instructor for level one and level two must:
(a) Hold a current Oregon RN license.
(b) Have at least two years’ experience as an RN; and
(c) Have evidence of completion of a course on teaching adults, or one year or experience teaching adults.
(7) Education primary instructor for medication aide must:
(a) Hold a current Oregon RN license;
(b) Have at least two years of RN nursing experience that includes at least one year:
(A) Experience as a nurse educator or in staff development role, or as a primary instructor in a nursing assistant education program; and
(B) Working in the provision of long-term care facility services.
(8) An applicant for primary instructor whose RN license has been previously disciplined or is under current discipline will be subject to further evaluation by Board staff.
(9) A Director of Nursing is prohibited from being the primary instructor.
(10) The primary instructor must:
(a) Implement the required Board-approved curriculum;
(b) Provide effective teaching strategies in an environment that encourages student and instructor interaction;
(c) Supervise and be present in the classroom at least 75% of the time that classes are being taught, or for on-line programs, be available for consultation and additional clarification at least every 72 hours;
(d) Evaluate competency of students; and
(e) The primary instructor of a medication aide program, in addition to the above, must:
(A) Obtain approval from a facility prior to using a facility employee as a clinical teaching associate. The facility has the right to refuse such approval;
(B) Ensure that each student's clinical experience includes administration of medications by all approved routes of administration and includes administration of a variety of medications; and

(C) Supervise the clinical experience for all medication aide students. Clinical teaching associates may be used as appropriate.
(11) Other personnel from the healthcare professions may supplement the instructor in their area of expertise:
(a) For a nursing assistant level one and level two education program, the program director or primary instructor may:
(A) Involve as trainers for a specific portion of the nursing assistant education, other licensed nursing personnel or other licensed health care professionals who have at least one year of experience in their field.
(B) Use an approved clinical teaching associate who must:
(i) Hold a current Oregon RN or LPN license; and
(ii) Have the equivalent of at least one year of experience as a licensed nurse.
(b) For a medication aide education program, the clinical teaching associate must:
(A) Hold a current Oregon RN or LPN license;
(B) Have the equivalent of at least one year full time experience as a licensed nurse and must have six months' nursing experience in a facility licensed the same as the setting in which the medication aide student will be passing medications;
(C) Provide direct supervision of students; and
(D) Have only the responsibility for clinical precepting during the scheduled clinical experience.
(c) An applicant whose nursing license has been previously disciplined or is under current discipline will be subject to further evaluation by Board staff.
(d) Certified medication aides, resident care managers, and directors of nursing are prohibited from acting as clinical teaching associates for medication aide students.
(e) A Board-approved clinical teaching associate may assist the primary instructor in the classroom or lab setting to meet the faculty-to-student ratios.

Statutory/Other Authority: ORS 678.440 & ORS 678.444
Statutes/Other Implemented: ORS 678.440 & ORS 678.444
History:
BN 14-2021, minor correction filed 06/24/2021, effective 06/24/2021
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 13-2013, f. 12-3-13, cert. ef. 1-1-14
BN 2-2011, f. & cert. ef. 7-11-11
BN 2-2008, f. & cert. ef. 2-25-08
BN 7-2006, f. & cert. ef. 5-8-06
BN 11-2004, f. & cert. ef. 7-13-04
BN 1-2004, f. 1-29-04, cert. ef. 2-12-04
BN 18-2002, f. & cert. ef. 10-18-02
BN 6-1999, f. & cert. ef. 7-8-99

851-061-0090
Standards for Program Approval: Curriculum

(1) Board-approved curriculum must be used in approved nursing assistant level one, level two, and medication aide education programs.
(2) A nursing assistant level one education program must consist of at least 105 hours divided into:
(a) At least 37 hours of classroom instruction, which may be provided via a live virtual platform;
(b) At least 28 hours of supervised laboratory instruction with return student demonstrations of learned skills to determine comprehension and competency, in addition to facility orientation, preceding the students' care of clients; and
(c) At least 40 hours of supervised clinical experience in a hospital, licensed nursing, residential care, or assisted living facility that has an RN on duty during all scheduled student clinical hours, is in substantial compliance with all standards of licensure, and provides an opportunity for the student to perform the skills taught in the Board’s approved curriculum.

(3) An on-line nursing assistant level one education program must consist of at least 105 hours divided into:
(a) At least the equivalent of 37 hours of the on-line didactic portion of the curriculum according to the nationally recognized standard of content to credit ratio;
(b) At least 28 hours of supervised laboratory instruction provided no later than two weeks after the successful completion of the on-line portion of the curriculum. The laboratory portion of the program must include return student demonstration of learned skills to determine comprehension and competency, in addition to facility orientation, preceding the students’ care of clients;
(c) At least 40 hours of supervised clinical experience in a hospital, licensed nursing, residential care, or assisted living facility that has an RN on duty during all scheduled student clinical hours, is in substantial compliance with all standards of licensure, and provides an opportunity for the student to perform the skills taught in the Board’s approved curriculum;
(d) Ongoing technical support services to sustain the electronically offered program including provisions for staffing, reliability, privacy, and security; and
(e) Ongoing technical support services for students on each required educational technology hardware, software, and delivery system.
(4) A nursing assistant level two education program must consist of:
(a) At least 88 hours of instruction divided into 60 hours of classroom/lab instruction and 28 hours of supervised clinical experience in a hospital, licensed nursing, residential care, or assisted living facility that has a RN on duty during all scheduled student clinical hours, is in substantial compliance with all standards of licensure, and provides an opportunity for the student to perform the skills taught in the Board’s approved curriculum. The classroom instruction may include hybrid synchronous didactic model; and
(b) Board approved competency validation.
(5) Medication aide education program must consist of:
(a) At least 84 hours of instruction divided into at least 60 hours of classroom/lab instruction and at least 24 hours of 1:1 supervised clinical experience. The classroom instruction may include hybrid synchronous didactic model;
(b) All clinical hours must be completed at one site (licensed nursing facility, hospital, assisted living facility, or residential care facility); and
(c) All required clinical hours must be in medication administration related activities.
(6) Admission requirements for medication aide education programs must be:
(a) Current, CNA 1 status on the Oregon CNA Registry maintained by the Board;
(b) Documentation of graduation from an approved basic nursing assistant level 1 education program at least six months prior to enrollment in the medication aide education program; and
(c) Documentation of at least six months full time experience as a nursing assistant level 1 or the equivalent in part time experience since graduation from a basic nursing assistant education program.
(7) An on-line nursing assistant level two or medication aide education program must consist of:
(a) At least the nationally recognized standard of content to credit ratio to meet the Board’s curriculum policy for the specific education program;
(b) Supervised laboratory instruction that meets the Board’s approved curriculum provided no later than two weeks after the successful completion of the on-line portion of the curriculum. The laboratory portion of the program must include return student demonstration of learned skills to determine comprehension and competency, in addition to facility orientation, preceding the students’ care of clients;
(c) Supervised clinical experience in a hospital, licensed nursing, residential care, or assisted living facility that has an RN on duty during all scheduled student clinical hours, is in substantial compliance with all standards of licensure, and provides an opportunity for the student to perform the skills taught in the Board’s approved curriculum;

(d) Ongoing technical support services to sustain the electronically offered program including provisions for staffing, reliability, privacy, and security; and
(e) Ongoing technical support services for students on each required educational technology hardware, software, and delivery system.
(8) Classroom and clinical faculty/student ratios for nursing assistant level one, level two, and medication aide education programs:
(a) Classroom:
(A) The ratio of students per Board-approved faculty in the classroom must be such that each trainee is provided with RN assistance and supervision and be no more than 30 students per instructor for nursing assistant level one, medication aide, and CNA level two education programs.
(B) The amount of students assigned per Board-approved faculty with self-directed, on-line instruction must be such that each student is provided with consultation and additional clarification by Board-approved faculty within 72 hours of a student’s inquiry.
(C) The ratio of students per Board-approved faculty with faculty-directed, on-line instruction must be such that each student is provided with consultation and additional clarification by Board-approved faculty within 72 hours of a student’s inquiry, and the class size must be no more than 30 students per Board-approved faculty per on-line classroom.
(b) Lab: The ratio of students per Board-approved faculty in nursing assistant level one, level two, and medication aide education programs must be no more than 10 students per Board-approved faculty at all times during the lab experience.
(c) Clinical:
(A) The ratio of students per Board-approved faculty in a nursing assistant level one and level two education program must be no more than ten students per Board-approved faculty at all times during the clinical experience.
(B) The ratio of students per Board-approved faculty in a medication aide education program must begin with a ratio of one clinical teaching associate to one medication aide student during the first 24 hours of the clinical experience. Less intensive supervision (either more students per Board-approved faculty or less direct supervision by Board-approved faculty) may occur after the first 24 hours, with satisfactory evaluation and approval of the primary instructor and clinical teaching associate.
(9) Clinical experience and demonstration of competency for nursing assistant level one and medication aide education programs:
(a) A clinical schedule must be prepared by program faculty for all students prior to the course start date, and provided to the clinical facility director of nursing, the clinical teaching associate, and the student.
(b) Student practice and demonstration of competency for nursing assistant level one and medication aide education programs:
(A) Students may provide direct client care within their authorized duties under the supervision of a Board-approved faculty member.
(B) Students must be identified as students at all times while in the clinical area.
(C) Students must not be counted as staff or utilized as staff during the hours that are scheduled for clinical experience.
(D) Students may be on a unit, floor or wing of a facility only under direct supervision of a qualified faculty member.
(E) Students must not be on a unit, floor, or wing without a CNA or licensed nurse.
(F) Students must provide care only to the level they have been taught and determined competent by the approved clinical teaching associate.

(c) In addition, for medication aide education programs, the clinical experience must be progressive with the Board-approved clinical teaching associate observing the medication administration and gradually increasing the number of clients to whom the student is administering medications;
(10) Program completion:
(a) Completion of a nursing assistant level one or medication aide education means that:
(A) The student has successfully completed 100% of the required classroom and clinical hours and content in the curriculum;
(B) The student has successfully demonstrated the required skills on the laboratory and clinical skills checklist;
(C) The student has achieved a score of 75% or higher on the program's final examination;
(D) The student has successfully completed the clinical portion of the program no later than four months following the last date of classroom instruction or within four months after the successful completion of the on-line portion of the program; and
(E) In addition, for nursing assistant level one education programs, the student has successfully completed current, adult CPR certification in accordance with Board-approved curriculum.
(b) Completion of a nursing assistant level two education means that:
(A) The student has successfully completed 100% of the required classroom and clinical hours and content in the curriculum; and
(B) The student has successfully completed the competency validation.

Statutory/Other Authority: ORS 678.440 & ORS 678.444
Statutes/Other Implemented: ORS 678.444
History:
BN 1-2024, amend filed 02/23/2024, effective 03/01/2024
BN 1-2023, amend filed 04/27/2023, effective 05/01/2023
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 13-2013, f. 12-3-13, cert. ef. 1-1-14
BN 2-2011, f. & cert. ef. 7-11-11
BN 10-2009, f. & cert. ef. 12-17-09
BN 1-2009, f. & cert. ef. 5-15-09
BN 2-2008, f. & cert. ef. 2-25-08
BN 7-2006, f. & cert. ef. 5-8-06
BN 12-2005, f. & cert. ef. 12-21-05
BN 11-2004, f. & cert. ef. 7-13-04
BN 1-2004, f. 1-29-04, cert. ef. 2-12-04
BN 15-2002, f. & cert. ef. 7-17-02
BN 6-1999, f. & cert. ef. 7-8-99

851-061-0100
Standards for Program Approval: Responsibility to Students

The nursing assistant level 1 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 level 1 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 8-2020, 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 level 1, level 2, 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 level 1 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 8-2020, 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