Hospital Staffing

Hospital Staffing Information

OHA is creating a variety of resources to provide information and answer questions about hospital staffing laws following the passage of HB 2697. OHA will use the hospital staffing listservs to announce new resources as they become available.

OHA presented a brief overview (pdf) of key aspects of the bill at the Nurse Staffing Advisory Board meeting on July 26, 2023.
House Bill (HB) 2697 Hospital Staffing Law Frequently Asked Questions (FAQ) (pdf) (updated September 9, 2024).

Hospital Staffing videos

Check out OHA's Staffing Webinars and Hospital Staffing Shorts. Hospital Staffing videos

Dashboard of Hospital Staffing Complaints Received Since Sep 1, 2023

Updated December 16, 2024

Total
Complaints

2674

OHA received 2394 complaints since 06/01/2024

Under
Investigation

595

96% of complaint investigations
started within 30 days

Completed Investigations

244

34% completed within 80 days of investigation start date

Complaints
Substantiated

148

Violations proven in 148 of the 244 complaints investigated to date (61%)

Hospital Staffing Complaint Process

HFLC conducts hospital staffing complaint investigations for allegations that are reflect the types of noncompliance specified in Oregon Revised Statute 441.792.

OHA provides a copy of the complaint to the staff member's Exclusive Representative and forwards meal and break complaints to the Oregon Bureau of Labor & Industries.
OHA staff reviews complaints sent to the OHA and seeks any additional information they need. After OHA determines that a complaint is valid for investigation, the agency:

Notifies the hospital, staffing committee co-chairs, and Exclusive Representative of the pending complaint;
Receives documentation regarding the allegations from the hospital; and
Conducts an investigation within 80 days;

Investigations include review of relevant records and interviews of any person(s) deemed necessary to determine compliance;
After an investigation, OHA sends the hospital, the staffing committee co-chairs, and the Exclusive Representative a written report that explains any hospital staffing concerns found during the investigation. OHA will be able to assess civil monetary penalties for violations that occur on or after June 1, 2025; and
OHA maintains and posts complaint reports online.

Complaints

Hospital staff members and Exclusive Representatives can submit a complaint about an alleged violation of the hospital staffing law through OHA's online Hospital Staffing Complaint Form

Meal and Break Complaints

The Oregon Bureau of Labor & Industries (BOLI) enforces the laws related to meal and rest break complaints. Before June 1, 2025, meal and rest break complaints are subject to the limitations in ORS 653.261 and OAR 839-020-0050. You may file a complaint about missed meal and rest breaks directly with BOLI through theBOLI Complaint Resolution Center

Health Care Regulation and Quality Improvement (HCRQI) & Health Facility Licensing Certification (HFLC)

HCRQI and HFLC Roles

Health Care Regulation and Quality Improvement (HCRQI) - HCRQI oversees the implementation of hospital staffing laws in Oregon.

Health Facility Licensing and Certification (HFLC) -HFLC's Hospital Staffing program is responsible for hospital staffing complaint investigations pursuant to Oregon statutes. HFLC staff also support the Nurse Staffing Advisory Board (NSAB). HFLC staff work together to provide guidance to hospitals and hospital staff members throughout Oregon. HFLC also maintains a list of hospital staffing committee co-chairs and chief nursing officers. Hospitals should submit a change form if the hospital staffing committee co-chairs or chief nursing officer changes.Hospital Staffing Change Form

Join our Listserv

The OHA Hospital Nurse Staffing Listserv is used to send announcements and information regarding hospital nurse staffing rules and related events put on by the Health Facility Licensing and Certification Program. OHA will be creating listservs for professional/technical staffing and services staffing shortly.

Select Join our Listserv to get started.

Hospital Staffing Laws & Administrative Rules

OHA issued permanent administrative rules, effective May 15, 2024, to implement House Bill 2697, now codified under Oregon Revised Statues 441.760 - 441.795. Additional information on the rulemaking activity and the Rulemaking Advisory Committee can be found under Rulemaking Advisory Committees In Progress at www.healthoregon.org/hcrqirules.

Hospital Staffing Laws

Statutes 441.760-441.795, Oregon nurse staffing laws

Administrative Rules Info

Hospital Staffing OARs

Hospital Staffing Waivers

HFLC may waive one or more of the staffing plan requirements if the waiver is necessary to ensure that the hospital is staffed to meet the health care needs of its patients.

Waiver requests must:

Be submitted in writing;
State the reason the hospital is seeking the waiver;
Explain how the waiver is necessary for the hospital to meet patient health care needs; and Include verification that the hospital nurse staffing committee has been notified of the request for waiver.

Hospitals can use the Hospital Staffing Waiver Request Form (pdf) to prepare the written request. Hospital Staffing Waiver

Contact Us

For questions about hospital nurse staffing, please email us: mailbox.nursestaffing@oha.oregon.gov

If you need any of these documents in large print, please contact us: Phone: 971-673-0540 Fax: 971-673-0556 TTY: 711