Oregon Health Authority
Public Health Division - Chapter 333
Division 510
PATIENT CARE AND NURSING SERVICES IN HOSPITALS
333-510-0140
Nurse Staffing Plan During an Emergency
(1) A hospital is not required to follow the staffing plan developed and approved by the staffing committee in the event of:
(a) A national emergency or state emergency declared under ORS 401.165 to 401.236 or 433.441 to 433.452 requiring the implementation of a facility disaster plan and crisis standards of care, as those terms are defined in section (7) of this rule;
(b) Sudden and unforeseen adverse weather conditions; or
(c) An infectious disease epidemic suffered by hospital staff.
(2) No later than 30 calendar days after any hospital unit or hospital department first deviates from a written nurse staffing plan under subsection (1)(a) of this rule, the hospital incident command shall report to both co-chairs of the hospital nurse staffing committee established under ORS 441.154 a written assessment of the nurse staffing needs arising from the national or state emergency declaration.
(3) Upon receipt of the report described in section (2) of this rule, either co-chair of the nurse staffing committee shall call a meeting of the staffing committee to develop a contingency nurse staffing plan to address the needs arising from the emergency. The contingency nurse staffing plan must align with the nursing services required under crisis standards of care as implemented.
(4) The hospital’s deviation from the written hospital-wide staffing plan approved by the hospital nurse staffing committee may not be in effect for more than 90 cumulative days without approval of the hospital nurse staffing committee. If the hospital nurse staffing committee does not approve the deviation by the 90th cumulative day, the hospital must return to the written nurse staffing plan developed and approved by the hospital nurse staffing committee.
(5) The hospital shall maintain documentation showing compliance with subsection (1)(a) through section (4) of this rule.
(6) In the event of an emergency circumstance not described in section (1) of this rule, either co-chair of the staffing committee may specify a time and place to meet to review and potentially modify the staffing plan in response to the emergency circumstance.
(7) For the purposes of this rule, the following definitions apply:
(a) "Crisis standards of care" are policies or standards adopted by a hospital to be implemented during an emergency for objective prioritization of care, prioritization of patients, and limitations on services because of the declared emergency. The crisis standards of care for purposes of this rule include only those policies or standards adopted by the hospital that change the nursing services.
(b) "Facility disaster plan" means a plan that is developed pursuant to 42 CFR 482.15 and is activated to meet the health, safety and security needs of the facility, its staff, patient population and community during a declared emergency.
Statutory/Other Authority: ORS 413.042 & 441.165
Statutes/Other Implemented: ORS 441.155 & 441.165
History:
PH 59-2023, temporary suspend filed 12/21/2023, effective 01/01/2024 through 06/28/2024
PH 96-2021, amend filed 12/30/2021, effective 01/01/2022
PH 22-2016, f. & cert. ef. 7-1-16