Nurse Staffing Law Provisions and Anti-Retaliation

Nurse Staffing Law Provisions

ORS 441.152: Nurse Staffing Advisory Board is established and consists of 12 appointed members, half being nurse managers, and the other half being direct care nursing staff.

ORS 441.154: Hospital Nurse Staffing Committee requirements outlined, require equal number of nurse managers and direct care staff. This committee must develop a written hospital-wide nurse staffing plan. The committee must have bylaws or a charter that determine membership, voting rights, and define a quorum.

ORS 441.155: Written Staffing Plan for Nursing Services must be based upon skill mix, qualifications, and patient acuity. They must be consistent with nationally recognized best practices, and they must include a formal process for evaluating the staffing plan.

ORS 441.156: Annual Review of Staffing Plan is required, considering patient outcomes, mandatory and voluntary overtime worked, and quality measures.

ORS 441.157: Oregon Health Authority will audit each hospital at least once every three years, interviewing co-chairs, and review records.

ORS 441.164: Oregon Health Authority may grant variances to the written staffing plan requirements if they deem it necessary.

ORS 441.165: The Nurse Staffing Plan may be disregarded in the case of a national, state, or local emergency.

ORS 444.166: Hospital must make every reasonable effort to find replacement staff. Mandatory overtime is limited.

ORS 441.168: A Nurse may not leave a Patient Care Assignment during an agreed-upon shift.

ORS 441.169: On each hospital unit there shall be a Public Notice summarizing these requirements.

ORS 441.171: Oregon Health Authority will investigate any complaint regarding a violation of these provisions within 60 days.

ORS 441.173: Hospital must retain records to demonstrate compliance with this law.

ORS 441.175: Civil Penalties

ORS 441.177: Posting of Audit reports and Civil Penalties

To file a complaint regarding Nurse Staffing, you may contact:

Oregon Health Authority

Website: Click Here

Email: to mailbox.hclc@state.or.us

Phone: 971.673.0540 (complaint reporting)

Anti-Retaliation Law Provisions

ORS 441.181: Hospital may not take retaliatory action against nursing staff for disclosing, intending to disclose, or testifying to a manager, accreditation organization or public body a reasonable belief that the hospital is in violation of the law or rule, and poses a risk to the health or well-being of the patients.

ORS 441.183: Remedies for retaliation may include civil action in a court of law.

ORS 441.184: Civil actions for retaliation are outlined.

ORS 441.192: Hospital shall post notices of anti-retaliation laws in a conspicuous place, where employees and applicants would easily notice.