Or. Admin. Code § 333-503-0005

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-503-0005 - Definitions

(1) The definitions in ORS 441.760 apply to these rules.

(2) For the purposes of these rules and for the processing of complaints, the Oregon Health Authority (Authority) shall apply the definitions below:

(a) "Adopt a plan" means:

(A) For purposes of adopting a nurse staffing plan, that:

(i) A hospital nurse staffing committee decided through a vote to approve a nurse staffing plan with a quorum of members present as described in ORS 441.762(3), and by a majority vote of the hospital nurse staffing committee with an equal number of direct care staff and managers voting; or

(ii) An arbitrator issued a decision on a nurse staffing plan or the disputed parts of a plan under ORS 441.766(3)(e).

(B) For purposes of adopting a professional and technical staffing plan, that:

(i) A hospital professional and technical staffing committee decided through a vote to approve a professional and technical staffing plan with a quorum of members present as described in ORS 441.775(3), and by a majority vote of the committee with an equal number of staff and managers voting; or

(ii) The chief executive officer or the chief executive officer's designee issued a written decision deciding the disputed professional and technical staffing plan or parts of the plan, as applicable, under ORS 441.775(6)(b).

(C) For purposes of adopting a hospital service staffing plan, that:

(i) A hospital service staffing committee decided to approve a service staffing plan with a quorum of members present as described in ORS 441.776(3), and by a majority vote of the committee with an equal number of staff and managers voting; or

(ii) The chief executive officer or the chief executive officer's designee issued a written decision deciding the disputed service staffing plan or parts of the plan, as applicable, under ORS 441.776(6)(b).

(b) "Allowed deviation" means a deviation from a staffing plan that is permitted under ORS 441.765(6), 441.775(12), or 441.776(12) and the unit manager provided written notice of that deviation to the applicable committee within 10 days of the deviation.

(c) "Create a plan" for purposes of ORS 441.792 has the same meaning as "adopt a plan" in this rule.

(d) "Experiencing complications" for purposes of determining the nurse-to-patient ratio as described in ORS 441.765(2)(c):

(A) Includes the physical or mental conditions, diagnoses, or circumstances identified by the adopted nurse staffing plan to mean "experiencing complications"; or

(B) If not defined in or referenced by a nurse staffing plan as described in paragraph (2)(d)(A) of this rule, means a patient that has one or more diagnosed physical or mental conditions recorded in the patient's medical record and the medical record indicates the condition may negatively affect the health of the pregnant or postpartum person, their baby, or both.

(e) "Processing of complaints" for purposes of ORS 441.795(1) means the Authority's processes and procedures for receiving, screening, and investigating complaints, including but not limited to evaluating investigation results, determining whether a violation of ORS 441.792(2) or (3) has occurred, and issuing reports, warnings or civil penalties.

(f) "Staffing plan" refers generically to nurse staffing plans, service staffing plans, and professional and technical staffing plans.

(g) "These rules" means OAR 333-503-0002 to 333-503-0060.

(h) "Trauma patient" for purposes of determining the nurse-to-patient ratio as described in ORS 441.765(2)(a):

(A) Has the meaning provided in the adopted nurse staffing plan; or

(B) If not defined by an adopted nurse staffing plan, means a patient that:

(i) Is transferred or meets the criteria for transfer, to a trauma center based on the guidelines in OAR 333-200-0080, Exhibit 2; or

(ii) Meets the criteria for activating a full trauma team response pursuant to OAR 333-200-0080, Exhibit 3.

(i) "Valid complaint" has the meaning given that term in ORS 441.791.

Or. Admin. Code § 333-503-0005

PH 59-2023, temporary adopt filed 12/21/2023, effective 1/1/2024 through 6/28/2024; PH 46-2024, adopt filed 05/15/2024, effective 5/15/2024

Statutory/Other Authority: ORS 413.042 & ORS 441.760 - 441.795

Statutes/Other Implemented: ORS 441.760 - 441.795