Nurse Staffing

1. Registered nurses, including registered nurses that do not assume primary responsibility for a patient’s care but have responsibility for consulting on patient care;
2. Licensed practical nurses; or
3. Certified nursing assistants.”
Examples of nursing staff members are direct care registered nurses working in an Emergency Department and licensed practical nurses working in a Medical/Surgical unit. Certified nursing assistants may be treated as Nursing Staff or a Service Staff for purposes of inclusion in staffing plans, which may vary by hospital.

Nurse Staffing Variances

Under ORS 441.763(6), a hospital may vary from requirements related to staffing ratios for direct care registered nurses if:

• The hospital is a Type A or Type B hospital;
• The requirement being varied is in ORS 441.765;
• The nurse staffing committee has voted to approved the variance.
• The Co-Chairs of the nurse staffing committee submit a signed statement to OHA that the nurse staffing committee voted to approve the variance.

The variance becomes effective upon submission of the signed statement. Hospitals must notify OHA of a variance through the online Nurse Staffing Variance for Type A & Type B Hospitals Form.

Nurse Staffing Advisory Board

The Nurse Staffing Advisory Board (NSAB) is a 12-member board of hospital nurse managers, direct care registered nurses, and a direct care staff member. The OHA has create an NSAB FAQ (pdf) for direct care nursing staff members and nurse managers to learn more about the Oregon NSAB and how to apply for membership.

NSAB Members (pdf) are charged with

• Providing advice to the Oregon Health Authority on the administration of Oregon's nurse staffing laws;
• Identifying trends, opportunities and concerns related to nurse staffing;
• Making recommendations to the Oregon Health Authority on the basis of those trends, opportunities and concerns;
• Reviewing the enforcement powers and processes under Oregon's nurse staffing laws.
  

Arbitration

Under ORS 441.766(3), a hospital Nurse Staffing Committee may submit certain Nurse Staffing Plans to OHA for arbitration if a plan is not adopted after a 60-day deliberation period. Click here to submit your request for a list of arbitrators.