ORS 441.763
Written staffing plan for nursing services
(1)
Each hospital shall implement a written hospital-wide staffing plan for nursing services that:(a)
Meets the requirements of this section and ORS 441.762 (Hospital nurse staffing committee), 441.764 (Annual review of nurse staffing plan), 441.765 (Staffing ratios for direct care registered nurses), 441.766 (Exceptions to direct care registered nurse staffing ratios), 441.767 (Staffing plans for psychiatric units) and 441.768 (Staffing ratios for certified nursing assistants);(b)
Includes any staffing-related terms and conditions that were previously adopted through any applicable collective bargaining agreement, including meal breaks and rest breaks, unless a term or condition is in direct conflict with an applicable statute or administrative rule; and(c)
Has been developed and approved by the hospital nurse staffing committee under ORS 441.762 (Hospital nurse staffing committee).(2)
If the nurse-to-patient ratios in ORS 441.765 (Staffing ratios for direct care registered nurses) apply, the hospital nurse staffing committee:(a)
May consider:(A)
The specialized qualifications and competencies of the nursing staff and the skill mix and level of competency needed to ensure that the hospital is staffed to meet the health care needs of patients;(B)
The size of the hospital and a measurement of hospital unit activity that quantifies the rate of admissions, discharges and transfers for each hospital unit and the time required for a direct care registered nurse belonging to a hospital unit to complete admissions, discharges and transfers for that hospital unit;(C)
The unit’s general and predominant patient population as defined by the Medicare Severity Diagnosis-Related Groups adopted by the Centers for Medicare and Medicaid Services, or by other measures for patients who are not classified in the Medicare Severity Diagnosis-Related Groups;(D)
Nationally recognized evidence-based standards and guidelines established by professional nursing specialty organizations, if any;(E)
Differences in patient acuity; and(F)
Tasks not related to providing direct care; and(b)
Must comply with ORS 441.765 (Staffing ratios for direct care registered nurses).(3)
A hospital must maintain and post, in a physical location or online, a list of on-call nursing staff or staffing agencies to provide replacement nursing staff in the event of a vacancy. The list of on-call nursing staff or staffing agencies must be sufficient to provide for replacement nursing staff.(4)
Intentionally left blank —Ed.(a)
An employer may not impose upon unionized nursing staff any changes in wages, hours or other terms and conditions of employment pursuant to a staffing plan unless the employer first provides notice to and, upon request, bargains with the union as the exclusive collective bargaining representative of the nursing staff in the bargaining unit.(b)
A staffing plan does not create, preempt or modify a collective bargaining agreement or require a union or employer to bargain over the staffing plan while a collective bargaining agreement is in effect.(5)
A hospital shall submit to the Oregon Health Authority a nurse staffing plan adopted in accordance with this section and ORS 441.766 (Exceptions to direct care registered nurse staffing ratios) and submit any changes to the plan no later than 30 days after approval of the changes by the hospital nurse staffing committee.(6)
A type A or a type B hospital may vary from the requirements of ORS 441.765 (Staffing ratios for direct care registered nurses) if the hospital nurse staffing committee of the hospital has voted to approve the variance. A type A hospital or type B hospital shall notify the authority of the variance through the authority’s website. The notification to the authority shall include a statement signed by the cochairs of the committee, confirming that the committee voted to approve the variance. The variance becomes effective upon the submission of the notification to the authority and remains in effect for two years. A type A or type B hospital may renew a variance or notify the authority of a new variance as provided in this subsection. [Formerly 441.155](1)
Consistent with nationally recognized nurse staffing standards or benchmarks;(2)
Consistent with a tool that measures patient acuity and intensity and that has been calibrated to the hospital unit, as defined by the hospital nurse staffing committee; or(3)
Approved after the hospital nurse staffing committee has considered:(a)
The specialized qualifications and competencies of the staff in the unit;(b)
The historic acuity and intensity of the patients in the unit;(c)
Nationally recognized nurse staffing standards, if any; and(d)
Patients’ access to care. [2023 c.507 §15](b)
A hospital must be in compliance with section 6 of this 2023 Act [441.765 (Staffing ratios for direct care registered nurses)] no later than June 1, 2024.(c)
A nurse staffing plan that is in effect on the effective date of this 2023 Act and that complies with ORS 441.152 to 441.177 remains in effect until revised in accordance with ORS 441.154 [renumbered 441.762 (Hospital nurse staffing committee)].(2)
A hospital must establish a hospital professional and technical staffing committee and a hospital service staffing committee in accordance with sections 3 [441.775 (Hospital professional and technical staffing committee)] and 4 [441.776 (Hospital service staffing committee)] of this 2023 Act no later than December 31, 2024.(3)
Intentionally left blank —Ed.(a)
Except as provided in subsection (4) of this section, the Oregon Health Authority may begin the enforcement of:(A)
Sections 3 and 4 of this 2023 Act on the date specified in subsection (2) of this section;(B)
Section 6 of this 2023 Act on the date specified in subsection (1) of this section; and(C)
The amendments to ORS 441.020 (Application), 441.151 [renumbered 441.760 (Definitions)], 441.152 [renumbered 441.761 (Nurse Staffing Advisory Board)], 441.154, 441.155 [renumbered 441.763 (Written staffing plan for nursing services)], 441.156 [renumbered 441.764 (Annual review of nurse staffing plan)], 441.164 [renumbered 441.778 (Variances to staffing plan requirements)], 441.165 [renumbered 441.769 (Modification of nurse staffing plan in case of emergency or epidemic)], 441.171 [renumbered 441.791 (Process for investigating and resolving complaints)], 441.173 [renumbered 441.780 (Hospital to maintain records)], 441.175 [renumbered 441.793 (Penalties)] and 441.177 [renumbered 441.783 (Information to be posted to Oregon Health Authority’s website)] by sections 1, 13, 14, 16, 18, 19 and 21 to 26 of this 2023 Act on the effective date of this 2023 Act.(b)
The authority shall adopt rules to implement the process for receiving complaints under ORS 441.171 and section 12 of this 2023 Act [441.790 (Process for filing complaint)] no later than January 1, 2024. Complaints may be filed for any violation occurring on or after the effective date of this 2023 Act.(4)
The authority may not impose civil penalties under section 20 of this 2023 Act [441.792 (Disposition of complaints)] for violations that occur before June 1, 2025. [2023 c.507 §29]
Source:
Section 441.763 — Written staffing plan for nursing services, https://www.oregonlegislature.gov/bills_laws/ors/ors441.html (accessed May 26, 2025).