Or. Admin. Code § 851-031-0006

Current through Register Vol. 63, No. 11, November 1, 2024

Section 851-031-0006 - General Eligibility Requirements for All Initial Applications for License, License Renewal, and License Reactivation

(1) Limits on Eligibility:

(a) If an applicant has a major physical or mental condition that could affect the applicant's ability to practice nursing safely, a physical or psychological assessment may be required to assist in the determination as to whether or not the applicant's physical or mental health is adequate to serve the public safely. This assessment will be part of the investigative process that could lead to denial or other discipline including possible revocation.

(b) If an applicant has pled guilty, convicted, completed a diversion program, pled no contest, or submitted an Alford Plea of any criminal offense that has not been expunged a determination must be made whether the conviction bears a demonstrable relationship to the practice of nursing. If the conviction does relate to the practice of nursing, licensure may be denied or otherwise disciplined up to, and including revocation.

(c) If the applicant has past, current or pending disciplinary action in another licensing jurisdiction, the Board must investigate and may deny or otherwise discipline including possible revocation of licensure.

(d) If the applicant falsifies an application, supplies misleading information or withholds information, such action may be grounds for denial or revocation.

(e) The Board is the sole judge of all documents and credentials determining eligibility for licensing.

(2) General Eligibility Requirements:

(a) A completed application per the instructions on application(s) provided by the Board. The Board determines the format for application submission. The applicant takes accountability for assuring that the appropriate application(s) are completed.

(b) Documentation of successful completion of the Board approved examination based upon the graduation date of the applicant:

(A) A registered nurse applicant for licensure must have achieved the following minimum score on the licensure examination:

(i) Tests taken before February 1982, a standard score of 350 or above in each of the five test sections comprising the State Board Test Pool Examination (SBTPE) examination.

(ii) Between July 1982 through June 1988, a comprehensive standard minimum score of 1600 or above on the NCLEX® comprehensive exam.

(iii) Beginning February 1989, a designation of a "Pass" score on the NCLEX-RN®.

(B) A practical nurse applicant for licensure must have achieved the following minimum standard score on the licensure examination:

(i) Between June 1951 up to and including April 1988, a comprehensive standard score of 350 or above on the Vocational Nursing Exam.

(ii) Beginning October 1988, a designation of a "Pass" score on the NCLEX-PN®.

(c) No challenge or state constructed examination or other method of licensure examination will be accepted.

(d) All applicants must show English proficiency by one of the following methods:

(A) Graduation from an approved nursing program in the United States, its territories, and jurisdictions, in which:

(i) All classroom instruction was in English; and

(ii) All nursing textbooks were in English; and

(iii) The preponderance of clinical experience was in English; or

(B) Graduation from a school of nursing outside of the United States in which:

(i) All classroom instruction was in English; and

(ii) All nursing textbooks were in English; and

(iii) The preponderance of clinical experience was in English; or

(C) Documentation of nursing practice, in English, at level of license sought, in another state in the United States for at least 400 hours in the two years preceding application for licensure; or

(D) Successful completion of one of the following:

(i) A score of 83 on the Test of English as a Foreign Language (TOEFL) iBT within two years of application for licensure; or

(ii) Passing the International English Language Testing System (IELTS) (Academic Module) within two years of application for licensure with an overall score of 6.5 with a minimum of 6.0 all modules; or

(iii) Occupational English Test (OET) taken within two years of application submission with Grade C+ for reading, writing. listening (which is at least a score of 300) and Grade B for speaking (which is at least a score of 350); or

(iv) Passing the English NCLEX® examination in another state; or

(v) Graduation from a post-licensure nursing education program in the United States.

(e) All initial, reactivation, and re-entry applicants will be subject to a national fingerprintbased criminal background check as described in OAR 851-001-0115. Renewal applicants may be subject to a state-based criminal background check through the Oregon Law Enforcement Data System (LEDS) and, in addition, will be subject to a national fingerprint based criminal background check every second renewal after initial licensure.

(f) An initial license, endorsement or reactivation applicant who do not have previously documented evidence of compliance must have documentation of the Pain Management Education through the Oregon Pain Commission plus six hours of continuing education units and in accordance with ORS 413.590. The applicant will provide documentation to the Board through submission of certificates of completion if such certifications are not currently on file with the Board. Applicants graduating from an Oregon Practical Nurse or Registered Nurse program after January 1, 2009 do not need to complete the additional 6 hours of continuing education as it was provided in their education. These applicants must still provide evidence of completion of the Pain Management Education through the Oregon Pain Management Commission. In addition, effective January 1, 2022, all licensees must show evidence of having taken the current Oregon Pain Commission online pain management course with every renewal or reactivation application.

(g) All applicants submitting an application after July 1, 2021, must attest to having at least two hours of cultural competency education in the two years preceding the receipt of a completed application. Employer cultural competency education is acceptable.

Or. Admin. Code § 851-031-0006

BN 10-1998, f. & cert. ef. 8-7-98; BN 1-2003, f. & cert. ef. 3-6-03; BN 9-2003, f. & cert. ef. 10-2-03; BN 9-2005, f. & cert. ef. 12-21-05; BN 1-2019, temporary amend filed 02/22/2019, effective 03/01/2019 through 08/15/2019; BN 6-2019, amend filed 07/03/2019, effective 8/1/2019; BN 6-2021, amend filed 06/21/2021, effective 7/1/2021; BN 26-2021, amend filed 11/22/2021, effective 12/1/2021; BN 3-2022, amend filed 02/18/2022, effective 3/1/2022; BN 17-2022, amend filed 12/27/2022, effective 1/1/2023

Statutory/Other Authority: ORS 678.140, ORS 678.040 & HB 2078 - 2021-2023 Regular Legislative Session

Statutes/Other Implemented: ORS 678.140 & ORS 678.040