(1) As used in this section:

Terms Used In Oregon Statutes 336.201

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

(a) ‘Licensed practical nurse’ means an individual who is licensed as a licensed practical nurse under ORS § 678.010 to 678.410.

(b) ‘Medically complex students’ means students who may have an unstable health condition and who may require daily professional nursing services.

(c) ‘Medically fragile students’ means students who may have a life-threatening health condition and who may require immediate professional nursing services.

(d) ‘Nursing-dependent students’ means students who may have an unstable or life-threatening health condition and who may require daily, direct and continuous professional nursing services.

(e) ‘Registered nurse’ means an individual who is licensed as a registered nurse under ORS § 678.010 to 678.410.

(f) ‘School nurse’ has the meaning given that term in ORS § 342.455.

(2) Each school district shall ensure that the district has access to a sufficient level of nursing services to provide:

(a) One registered nurse or school nurse for every 225 medically complex students.

(b) One registered nurse or school nurse for every 125 medically fragile students.

(c) One registered nurse or school nurse, or one licensed practical nurse under the supervision of a registered nurse or school nurse, for each nursing-dependent student.

(3) In addition to the requirements of subsection (2) of this section, each school district is encouraged to have one registered nurse or school nurse for every 750 students in the school district.

(4)(a) A school district may satisfy the requirements of subsection (2) of this section by using the most cost-effective means available.

(b) A school district may satisfy the requirements described in subsection (2)(a) of this section and the recommendations described in subsection (3) of this section by:

(A) Providing personnel trained and supervised by a registered nurse or school nurse; and

(B) Complying with the requirements of ORS § 678.010 to 678.448.

(5)(a) A registered nurse or school nurse is responsible for coordinating the school nursing services provided to an individual student. The registered nurse or school nurse shall work in partnership with the student’s parent or guardian, health care provider and appropriate school staff to the extent allowed by law.

(b) Decisions related to when or where a student receives school nursing services must jointly be made by the registered nurse or school nurse, the parent or guardian of the student and any appropriate school staff. This paragraph does not apply to students who have an individualized education program and for whom special education and related services are determined by an individualized education program team.

(6) The Department of Education shall submit to the State Board of Education and the interim legislative committees related to education an annual report no later than October 1 of each year that is based on the previous school year and that provides information on:

(a) The availability of licensed practical nurses, registered nurses and school nurses in each school district; and

(b) The number of medically complex students, medically fragile students and nursing-dependent students in each school district. [2009 c.843 § 2; 2009 c.843 § 4]