Formation of Rule Making Advisory Committee for Prosed Rule Language related to OAR Chapter 851 Division 047 Standards for Community-Based Care Registered Nurse Delegation

Thu May 12 08:40:14 PDT 2022

This notice is distributed on behalf of:
Gretchen Koch MSN, RN
Policy Analyst, Nursing Practice and Evaluation
Oregon State Board of Nursing
17938 SW Upper Boones Ferry Road
Portland OR 97224-7012

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State of Oregon
Kate Brown, Governor

Oregon State Board of Nursing
Ruby Jason MSN, RN, NEA-BC
Executive  Director

17938 SW Upper Boones Ferry Road
Portland, OR 97224-7012
Telephone: (971) 673-0685
Fax: (971) 673-0684
E-Mail: oregon.bn.info at state.or.us<mailto:oregon.bn.info at state.or.us>
Website:  www.oregon.gov/OSBN<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.oregon.gov%2FOSBN&data=05%7C01%7CGretchen.Koch%40osbn.oregon.gov%7C80fd4939fc1f476247a608da3429f492%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C637879652035822282%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=CUNKHTkBKgo6DmCThW7irQ%2FqO3IEJRIliaDdbQGpOJs%3D&reserved=0>
Memorandum
To:                         All Interested Parties
From:                    Gretchen Koch RN, MSN
                                Policy Analyst, Nursing Practice and Evaluation
Date:                     May 12, 2022
Re:                         Extension of Deadline to submit Letter of Interest for Participation in Rule Making Advisory Committee to react to Prosed Rule Language related to Oregon Administrative Rule (OAR) Chapter 851 Division 047 Standards for Community-Based Care Registered Nurse Delegation
________________________________________________________________________
The Oregon State Board of Nursing (OSBN) announces that the submission deadline for letters of Interest to participate in the Oregon Administrative Rules (OAR) Chapter 851 Division 047 Standards for Community-Based Care Registered Nurse Delegation Rule Making Advisory Committee (RAC) is extended to May 20, 2022.

Forward all letters of interest for participation on the OAR 851-047 RAC to gretchen.koch at osbn.oregon.gov<mailto:gretchen.koch at osbn.oregon.gov> no later than close of business on Friday May 20, 2022. Stakeholders chosen to participate on the RAC will be notified by e-mail on May 24, 2022. The OAR 851-047 RAC will convene on June 1, 2022.

RAC membership is limited to 20 or fewer participants. Representation from the following stakeholder groups is sought:

  *   RN applying delegation process in their practice with a client.
  *   Member of the Public
  *   Small Business Owner
  *   LeadingAge
  *   Independent Adult Care Home Association
  *   Oregon School Nurses Association
  *   Oregon Hospice & Palliative Care Association
  *   Community Providers Association of Oregon
  *   Oregon Nurses Association
  *   Oregon Association for Home Care
  *   Oregon Health Care Association
  *   Oregon Department of Education
  *   Oregon Department of Corrections
  *   Oregon Department of Human Services
  *   Oregon Health Authority

Please read the information below prior to submitting a letter of interest for participation in the OAR 851-047 RAC.

Stakeholder Participation in OSBN Rule Making Advisory Committee Process
*        The Oregon's Administrative Procedures Act is the basis for agency rule writing. It is the intent of the OSBN to seek public input, when appropriate, into the proposed rule language when the Board authorizes revision or development of rules in OAR 851. RACs are not required by statute for rule advisory however, the rational for not using a RAC must be cited in the rule change documents submitted to the Secretary of State.
*        The RAC is advisory only. Input will be considered, however, the OSBN retains the final decision on final rule text. The RAC is open to the public but RACs are not subject to public meeting laws.
*        The Board makes every effort that, when necessary, a RAC is convened. However, the Board might not convene a RAC if:
?  The rule involves changing of fees necessary to implement statutory changes or legislatively approved fee increases by other state agencies. Example of this would be the $9 Oregon Center for Nursing fee required by statute and the increase in fingerprint fees by the Oregon State Police.
?  There is a legislative statute to change, amend, or add rule and the statute spells out the requirements of the rule change.
?  When the Board determines the rule language without a rule advisory committee.
*        RACs will be convened when rule writing is authorized by the Board and disbanded after the Board votes to approve the rule language. Recruitment for RAC members will be posted to interested party mail lists and posted on the OSBN websites. The Board reserves the right to limit participants and to determine member selection. Every effort will be made to assure adequate individual and association stakeholders' representation on the RAC.
*        The OSBN will develop and propose draft language that the RAC will review and respond with their input. No changes to the draft will be made during the RAC meetings. Suggested changes are reviewed by Board staff to assure that public protection and legal jurisdiction of the Board is maintained for any rule edits. The edits will be brought back for discussion at the next RAC meeting or through agreed communication methods. Suggestions not included will have exclusion justification presented to the RAC. The RAC is allowed to request revisiting of the exclusion if it can be shown how the exclusion was in the interest of public safety,
*        Rules must align with statute. The OSBN will consider scientific evidence and will focus on public safety. Effect of rules on the profession are considered but only secondary to that of public safety.
*        A RAC may meet only once or may meet over the course of a year or longer depending on the nature of the rule. Meetings will be scheduled prior to the ending of a current meeting to assure members of the RAC can attend.
*        The RAC will be staffed by the OSBN staff. Meeting notes will be drafted and shared with the RAC. Meeting material will be shared at least one week before the next scheduled meeting date.
*        All meetings will have time allotted for public input from non-RAC participants.
*        Correspondence from RAC members regarding rules are public information and will be shared with the entire RAC.
*        Substantive changes to current rule and proposed rule will be presented to the Board prior to inclusion to assure that the direction of the rule writing is in keeping with the direction of the Board.

Thank you,

Gretchen Koch MSN, RN
Policy Analyst, Nursing Practice and Evaluation
Oregon State Board of Nursing
17938 SW Upper Boones Ferry Road
Portland OR 97224-7012
Gretchen.koch at osbn.oregon.gov<mailto:Gretchen.koch at osbn.oregon.gov>
www.oregon.gov/OSBN<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.oregon.gov%2FOSBN&data=05%7C01%7CGretchen.Koch%40osbn.oregon.gov%7C80fd4939fc1f476247a608da3429f492%7Caa3f6932fa7c47b4a0cea598cad161cf%7C0%7C0%7C637879652035822282%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=CUNKHTkBKgo6DmCThW7irQ%2FqO3IEJRIliaDdbQGpOJs%3D&reserved=0>

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