Board of Nursing
Chapter 851
Division 31
STANDARDS FOR LICENSURE OF REGISTERED NURSES AND LICENSED PRACTICAL NURSES
851-031-0040
Nurses Not Licensed in Oregon Hired to Meet a Temporary Staffing Shortage
(1) Per ORS 678.031 and 678.034, nurses who are contracted or hired in Oregon to meet a temporary staffing shortage in a coronary care unit, intensive care unit, emergency department, or long-term care facility, and who do not hold a current Oregon license, may be temporarily employed and placed on the work schedule if the employer’s chief nursing officer (or equivalent) submits written notification to the Board of Nursing by the day the nurse is placed on staff stating:
(a) Date nurse(s) placed on staff;
(b) Name(s) of nurse(s);
(c) Jurisdiction(s) of current licensure of nurse(s) so hired indicating evidence used to determine current unencumbered licensure;
(d) Nature of staffing shortage; and
(e) There is no labor dispute affecting nurses at the place of employment.
(2) A nurse hired under ORS 678.031(7)(e):
(a) Must apply for an Oregon license to practice nursing by the day the nurse begins practicing in Oregon.
(b) A nurse not applying for an Oregon license by the day the nurse begins practicing in Oregon is subject to a civil penalty for practicing nursing without an Oregon license as per ORS 678.021.
(c) The Board may deny the application of the nurse at any time during the licensing process if the nurse does not meet the qualifications for licensure. Once denied, the employer must not utilize the nurse in the practice of nursing. If the nurse continues in the practice of nursing in Oregon, the nurse, the chief nursing officer (or equivalent), and the employer may be subject to Board sanction and civil penalty.
(d) The employer and the nurse are each accountable for verifying if the license has been issued after the first 30 days of the nurse beginning practice in Oregon. If no license has been issued, the employer must contact the Board for a one-time extension for an additional 30 days.
(e) If no license has been issued by the 60th day of the nurse beginning practice in Oregon, the employer must cease using the nurse until such a time that a license is issued. Failure to comply may result in Board sanction and civil penalty for the employer, chief nursing officer (or equivalent), and the nurse.
Statutory/Other Authority: ORS 678.150
Statutes/Other Implemented: ORS 678.031 & ORS 678.150
History:
BN 11-2023, temporary amend filed 12/29/2023, effective 01/01/2024 through 06/28/2024
BN 6-2022, temporary amend filed 04/25/2022, effective 05/01/2022 through 10/27/2022
BN 6-2021, amend filed 06/21/2021, effective 07/01/2021
BN 1-2003, f. & cert. ef. 3-6-03
BN 2-2002, f. & cert. ef. 3-5-02
BN 10-1998, f. & cert. ef. 8-7-98
NB 1-1994, f. & cert. ef. 4-1-94, Renumbered from 851-020-0172
NER 2-1986, f. & cert. ef. 4-9-86
NER 1-1986, f. & cert. ef. 4-3-86