For purposes of determining hospital compliance with ORS 441.770, and whether a hospital has a violation under ORS 441.792(2)(h):
(1) “Emergency circumstances” includes:
- (a) Sudden and unforeseen adverse weather conditions;
- (b) An infectious disease outbreak suffered by hospital staff;
- (c) Any unforeseen event preventing replacement staff from approaching or entering the premises; or
- (d) Unplanned direct care staff vacancies of 20 percent or more of the nursing staff for the next shift hospital-wide at the Oregon State Hospital if, based on the patient census, the Oregon State Hospital determines the number of direct care staff available hospital-wide cannot ensure patient safety.
- (2) "Infectious disease outbreak" means a significant or notable increase in the number of cases in hospital staff of a disease or other condition of public health importance.
- (3) “Nursing staff” means only registered nurses, licensed practical nurses, and certified nursing assistants.
- (4) "Require" means to make compulsory as a condition of employment, whether as a result of a previously scheduled shift or hours actually worked during time spent on call or on standby.
Statutory/Other Authority
ORS 413.042 & ORS 441.770
Statutes/Other Implemented
ORS 441.760 - 441.795
History
PH 1-2026, minor correction filed 01/06/2026, effective 01/06/2026
PH 46-2024, adopt filed 05/15/2024, effective 05/15/2024
PH 59-2023, temporary adopt filed 12/21/2023, effective 01/01/2024 through 06/28/2024