OSBN Rule Making Advisory Committee (RAC) - Division 21

[SIMMONS Ginger * OSBN]

On behalf of Tracy A. Thompson, DNP, RN
Policy Analyst; Nursing Education
Oregon State Board of Nursing
tracy.a.thompson at osbn.oregon.gov<mailto:tracy.a.thompson at osbn.oregon.gov>
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The Oregon State Board of Nursing (OSBN) announces the formation of a Rule Making Advisory Committee (RAC) to react to prosed draft rule language related to Oregon Administrative Rules (OAR) Chapter 851 Division 021 Standards for the Approval of Education Programs in Nursing Preparing Candidates for Licensure as Practical or Registered Nurses, sections 0010, 0025, and 0045.



Forward all letters of interest for participation on the OAR 851-021 RAC to tracy.a.thompson at osbn.oregon.gov<mailto:tracy.a.thompson at osbn.oregon.gov> no later than close of business on October 18th, 2022. Stakeholders chosen to participate on the RAC will be notified by e-mail on October 28th, 2022. The RAC will convene on November 3rd, 2022, from 10am-2pm.



Please read the information prior to submitting a letter of interest for participation.

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.

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