(1) The Oregon State Board of Nursing shall establish standards for certifying and may certify as a nursing assistant any person who:

Terms Used In Oregon Statutes 678.442

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(a) Submits an application;

(b)(A) Shows completion of an approved training program for nursing assistants; or

(B) Has military training or experience that the board determines is substantially equivalent to the training required by subparagraph (A) of this paragraph; and

(c) Passes a board approved examination.

(2) In the manner prescribed in ORS Chapter 183, the board may revoke, suspend or deny a certificate issued under this section, reprimand a nursing assistant or place a nursing assistant on probation for a period of time and subject to any conditions specified by the board for the following reasons:

(a) Conviction of the certificate holder of a crime if the crime bears demonstrable relationship to the duties of a nursing assistant. A copy of the record of the conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of the conviction.

(b) Any willful fraud or misrepresentation in applying for or procuring a certificate or renewal of a certificate.

(c) Impairment as defined in ORS § 676.303.

(d) Violation of any provisions of ORS § 678.010 to 678.448 or rules adopted under ORS § 678.010 to 678.448.

(e) Physical condition that makes the certificate holder unable to perform safely the duties of a nursing assistant.

(f) Conduct unbecoming a nursing assistant in the performance of duties.

(3) The board shall establish by rule a procedure for the biennial renewal of nursing assistant certificates. The certificate renewal procedure must be substantially like the procedure established for the licensing of nurses under ORS § 678.101.

(4) Notwithstanding ORS § 192.345, the board may use the results of a nursing assistant examination for the continuing education of applicants for certification as a nursing assistant.

(5) During an emergency declared by the Governor pursuant to ORS § 401.165 and subject to terms and conditions that the board may impose, the board may issue a limited certificate to a nursing assistant authorized in another jurisdiction. The board shall adopt rules to establish criteria for issuance of a limited certificate under this subsection. [1989 c.800 § 3; 1991 c.536 § 1; 2009 c.756 § 36; 2011 c.156 § 1; 2012 c.43 § 8; 2023 c.276 § 4; 2023 c.294 § 1]

 

  Previous section
Next section  
 Nursing Assistants Contents