You surely have good reasons to want to move your nursing practice into or out of Oregon. Nurse mobility can be a boon to a nurse's employment and career while also necessary for family reasons and beneficial for health and lifestyle choices. However, Oregon does not participate in the Nurse Licensure Compact, meaning that nurse mobility in and out of Oregon can be more difficult. If you find yourself facing nursing license issues moving into or out of Oregon, retain the Lento Law Firm's premier Professional License Defense Team now to help you favorably and timely resolve those issues. Call 888.535.3686 or complete this contact form now for the skilled and experienced representation you need for your best license outcome.
Nurse Licensure Compact Benefits
If it were in place in Oregon, the Nurse Licensure Compact would provide you with benefits moving in or out of the state for nursing practice. The Nurse Licensure Compact standardizes nursing licensure requirements among participating states. The Compact fosters reciprocity between states, meaning that qualifying for a license in one state will qualify you for a license in the other state. Streamlining the cross-state licensing procedures can save nurses tens of thousands of dollars in lost income from employment gaps awaiting licensing. The Compact can also save time, trouble, and expense in retaking licensing exams, obtaining additional education, and completing additional background checks, among other licensing efforts. You can still move in or out of Oregon with appropriate licensing. It may just be harder, raising more issues. Let us help you resolve those issues.
Oregon Nurse Licensure Compact Legislation
Oregon does not have a bill pending in its state legislature that would qualify the state for Nurse Licensure Compact participation. About forty states participate in the Nurse Licensure Compact, leaving about ten states that do not participate. We say “about” because some states participate only partially while others are implementing participation. Of the ten states that do not participate, most have introduced bills to do so. The National Council of State Boards of Nursing heavily promotes Compact participation, encouraging its members to advocate for legislation in the remaining non-participating states. But, because Oregon does not even have a bill pending to join the Compact, it is unlikely that you will benefit from Compact participation soon. Even if Oregon were to join the Compact, full implementation may take years. Instead of waiting, let us help you.
Oregon Nurse Licensure Authority
Oregon's Nurse Practice Act authorizes the Oregon State Board of Nursing to regulate nursing practice within the state. The Act's Section 678.021 makes it unlawful to practice nursing in the state without a license. Section 678.164 authorizes the Oregon State Board of Nursing to obtain a court injunction against unlicensed practice. Violating Oregon Nurse Practice Act licensure requirements in the unauthorized practice of nursing is a Class C misdemeanor crime punishable by up to thirty days in jail and a $1,250 fine. You must not practice nursing in Oregon without an Oregon State Board of Nursing license. Let us help you address and resolve any issues delaying or preventing your licensure.
Oregon Nurse Licensure Requirements
Section 678.040 of Oregon's Nurse Practice Act states the qualifications Oregon's State Board of Nursing requires for a nursing license. Those qualifications begin with your mental and physical fitness to practice nursing. You must then have graduated from a nursing education program that the Oregon State Board of Nursing has approved. The following Section 678.050 states the examination requirement that you must pass an exam the Oregon State Board of Nursing approves. Other provisions of Oregon Board of Nursing Rule 851-031-0006 require fitness, criminal background checks, checks for prior license discipline in another state, and related good moral character requirements. The same rule defines the approved licensing exam to include the NCLEX and, for Canada's provinces, the SBTPE. Your application must be on the required form and must include the required documentation in the verified form meeting the State Board of Nursing protocols. Any one or more of these requirements can raise issues that delay or prevent your Oregon nurse licensure. Let us help you resolve your licensing issues.
Licensure in Other States
If instead you are licensing in another state based on your Oregon nursing license, you will need to meet similar requirements. Licensing requirements vary in small respects from state to state, and those small differences can lead to big delays in licensure. However, states generally have rigorous education and examination requirements, along with the usual criminal history and license discipline checks, as well as application and documentation requirements. Many states accept the Accreditation Commission for Education in Nursing (ACEN) approval of your nursing education program as meeting their education requirements. All states accept the NCLEX examination for their licensing exam requirements. However, many states accept other education and examination requirements in addition or alternative to ACEN and NCLEX requirements. Those variations are what can create issues for your multi state licensure. What one state accepts, another state might not. If that's your situation, let us help you resolve the conflict issues. Your state nursing board may have special approval procedures for qualifications that do not meet board pre-approval but nonetheless meet board standards.
Licensure in Oregon Based on Endorsement
Even though Oregon has not joined the Nurse Licensure Compact, Oregon does offer you advantages in licensing within the state if you already hold a license in another state, commonly called licensure by endorsement. States typically call a first license licensure by examination, while a second or subsequent license is a license by endorsement. Licensure by endorsement can offer some streamlining of procedures and if both were pursued and may be your only option if you already hold a license.
Oregon LPN and RN Licensure by Endorsement Statutes
Section 678.050 of Oregon's Nurse Practice Act states the requirements you must meet to gain an Oregon State Board of Nursing license by endorsement, or by “endorsement,” as Oregon calls it. We will use the more common endorsement spelling here. Section 678.050 promptly refers back to Section 678.040, stating that applicants for licensure by endorsement must meet the standard Oregon requirements for licensure by application. There is no getting around it. You must have nursing education and examination that the Oregon State Board of Nursing approves. You must also meet the general character and fitness requirements. Indeed, Section 678.050 ominously warns that the State Board of Nursing may require an applicant for licensure by endorsement to supply “evidence of competency to practice nursing” at the level the applicant applies.
Oregon LPN and RN Licensure by Endorsement Rules
Oregon's State Board of Nursing has also adopted rules governing licensure by endorsement. Rule 851-031-0039 first requires applicants for licensure by endorsement to have graduated within two years of the application or practiced at least 400 hours within the prior two years. Let us help you address and resolve issues that arise when applying for Oregon nurse licensure by endorsement. The rule's goal is to ensure reasonably current skills. The same Rule 851-031-0039 also requires that you verify your passing NCLEX or other examination scores and provide a transcript from your education program. Your examination and education must meet the general Oregon requirements for licensure by examination.
Oregon Temporary Work Permit for Endorsement Applicants
An advantage of your application for Oregon nurse licensure by endorsement is that you may be able to obtain a temporary work authorization or permit while your application for licensure by endorsement is pending. Section 678.050 expressly provides for work authorization without a full license by endorsement on employer notice of a temporary staffing shortage. Details of the temporary staffing shortage program appear in Section 678.031, including that the temporary authorization can last for ninety days with renewal for an additional ninety days. The primary requirement is that your employer notify the State Nursing Board of its staffing shortage. If you are facing delays from issues with your Oregon application for licensure by endorsement, let us help you seek a temporary work authorization to bridge the gap in your employment.
Oregon Nurse Specialist Licensure by Endorsement
Section 678.370 of Oregon's Nurse Practice Act authorizes the State Board of Nursing to license nurse specialists. Under Section 678.370, you must not practice as a nurse specialist in Oregon without a specialist's license. Oregon State Board of Nursing Rule 851-053-0005 details the qualifications necessary to obtain an advanced practice registered nurse (APRN) license. Those requirements include showing that you hold an Oregon RN license or have simultaneously applied for that license, that you hold the master's degree required for specialist licensing, and that you have qualified for national board certification within the nursing specialty. You must also complete the application form documenting your credentials. Oregon does not provide separate rules or procedures for specialist licensure by endorsement. Your national board certification serves as the key qualifying criterion. We can help you address and resolve APRN licensing issues in Oregon.
Issues Obtaining a Second or Subsequent License
You've seen above that issues can arise due to the distinctions in licensure requirements and procedures from state to state. Oregon's requirements may differ in small respects which make for large delays in licensure by endorsement. Those differences are one common cause of licensure by endorsement issues. Another common cause for licensure by endorsement issues is that your circumstances may have changed since your initial licensure. Consider below more detail about these common issues delaying or preventing licensure by endorsement in Oregon.
Oregon Nursing Education Issues Delaying Licensure
Oregon is among the many states, along with New York, California, and Texas, that do not require LPN and RN candidates for licensure to graduate from a nursing education program that the Accreditation Commission for Education in Nursing (ACEN) has approved. Your graduation from an ACEN approved program will likely satisfy Oregon's own education requirements. However, Oregon's State Board of Nursing will also approve licensure for nurses graduating from non-ACEN accredited programs, which the State Board of Nursing determines meets its own education requirements. Other state nursing boards may do likewise. Your challenge with Oregon's nursing education requirement is that your program may not be on Oregon's list of approved programs and may not have met Oregon's own education program rules. Let us help you show the State Board of Nursing that your program meets its requirements. You may also face transcript verification issues or issues with school discipline, unresolved disciplinary charges, academic progress issues, or curriculum anomalies. Let us help you address and favorably resolve those issues.
Oregon Nursing Examination Issues Delaying Licensure
Because Oregon's State Nursing Board accepts the National Council Licensure Exam (NCLEX) for its licensing exam requirement, you may be less likely to face examination issues than education issues. However, examination issues can still arise. One issue may have to do with the number of attempts that you need to pass the NCLEX or the time within which you passed it after your first attempt. Many states allow unlimited retake attempts without a time limit for the candidate to pass the exam. Oregon instead imposes a two-year period from education program graduation, during which the candidate must pass the NCLEX. A candidate who fails to pass the NCLEX within two years must complete additional education before retaking and passing the exam to qualify for an Oregon nursing license. You may face such an issue qualifying for Oregon licensure, even if your initial licensure state accepted your exam results. Let us help you resolve examination issues.
Oregon License Discipline Issues Delaying Licensure
Other licensure by endorsement issues can arise because of events that occur after your initial licensure. Section 678.111 of Oregon's Nurse Practice Act expressly states that the Oregon State Board of Nursing may deny a license by endorsement to any applicant whose conduct includes actions that would be cause for Oregon discipline. Section 678.111 lists more than a dozen grounds for denying a license by endorsement including discipline in another jurisdiction. Those grounds include impairment, gross incompetence, conduct derogatory of the profession, credential fraud, and many other forms of misconduct. If your prior nursing practice has resulted in malpractice lawsuits and liability, state nursing board disciplinary charges, employment termination for impairment or unprofessionalism, or other indications of unfitness, you may face licensure by endorsement delays. If you suffered formal license discipline, the national Nursys database or state nursing board online databases will reflect that discipline. Let us help you address disciplinary issues.
Oregon Criminal History Issues Delaying Licensure
You may also have faced criminal charges and conviction since your prior licensure or may have qualified for your prior licensure with a conviction that Oregon's State Nursing Board may not accept. Section 678.111 of Oregon's Nurse Practice Act makes a criminal conviction a disqualifying condition for licensure when the conviction “bears a demonstrable relationship to the practice of nursing.” Many states attempt to apply bright lines for criminal convictions that automatically disqualify, such as for felony convictions only or for felonies and gross misdemeanors relating to nursing practice. Oregon does not follow bright-line conviction rules but instead determines qualifications on a case-by-case basis. Let us help you resolve criminal conviction issues delaying your licensure by endorsement. We may be able to show that you did not suffer a criminal conviction, a court reversed your conviction, or your conviction bore no relationship to nursing practice.
Oregon Nurse Licensing Procedures
Nurses facing licensing proceedings generally have a constitutional right to the state nursing board's due process so that nurses can protect their property and liberty interests in the license and nursing practice. Due process in the licensing context generally means fair notice of your alleged deficiency to qualify for a license and a fair hearing before an impartial hearing official or panel. Section 678.790 of Oregon's Nurse Practice Act is an example. Section 678.790 expressly references and incorporates the protections of Oregon's Administrative Procedures Act. Oregon's Administrative Procedures Act is replete with notice, hearing, appeal, and judicial review requirements. The Act's Section 183.413 is the key provision guaranteeing notice and a hearing in contested agency cases. We can invoke your hearing rights to their best strategic effect to resolve your licensure by endorsement issues. If you have already lost your hearing, let us pursue your available appeal and judicial review rights to reverse errors in the initial decision to deny you a license by endorsement.
Qualifications of Licensing Counsel
You will do well to keep in mind that you need highly qualified, skilled, and experienced administrative license defense counsel for your best licensing outcome. Administrative licensing proceedings are not civil or criminal court proceedings. Administrative proceedings under Oregon's Administrative Procedures Act follow different laws, rules, customs, and conventions. Do not retain unqualified local criminal defense counsel or an unqualified civil litigator or transactional attorney. Our administrative license defense attorneys have the skills and experience you need to put the administrative protections to work. Unqualified counsel can do more harm than good, giving the appearance of representation but not invoking the procedures as they ought. Let us take the prompt, wise, efficient, and effective steps you need to resolve your licensure by endorsement issues as early and as favorably as possible.
Steps We Take to Address Your Licensing Issue
We appreciate the many strategic steps we can take to speed up the resolution of your licensure by endorsement issues. Our first step may be to notify Oregon State Board of Nursing officials of our appearance on your behalf. That notice lets your licensing officials know that you have the skilled and experienced representation you need to address and resolve your issues. Our national reputation and relationships tend to help licensing officials sit up and take notice of your matter, in ways that can speed and ease resolution. We can also help you gather, organize, and present your evidence of your qualifications informally at early resolution conferences. We may be able to swiftly resolve your issue simply by an exchange of accurate and verified information and documentation. If your matter must proceed to a hearing, we can, of course, appear at the hearing to present your witnesses and exhibits and to challenge opposing witnesses and evidence. We also have the skills and experience for effective appeals and pursuit of court review.
What's at Stake in Oregon Nursing License Issues
You clearly have a lot at stake, based on the reasons you are pursuing licensure by endorsement. You may be moving into or out of Oregon, but whichever is the case, you very likely know your compelling or beneficial causes to do so. Don't give up on those interests, whether personal, family related, financial, or professional. Those interests may be much more valuable than you think. But, you should also appreciate the value of keeping your licensing record clear. You never know when you may need to seek a new license in another jurisdiction. You also face periodic license renewals. If you do not clear up your licensing issues now, you may face the same issues, perhaps even at a time when they are more difficult to address and resolve. Let us help you keep your professional and personal affairs in order. Let us help you address and resolve your licensure by endorsement issues now.
Premier Oregon Nursing License Attorneys
When facing licensure by endorsement issues moving into or out of Oregon, your best move is to retain the Lento Law Firm's premier Professional License Defense Team. Our attorneys have helped hundreds of nurses and other professionals in Oregon and nationwide, successfully resolve licensing issues. We are available in Portland, Eugene, Salem, Gresham, Hillsboro, Bend, Beaverton, Medford, Springfield, Corvallis, Auburn, Tigard, Lake Oswego, Grants Pass, Aloha, and across the rest of Oregon, as well as nationwide. Call 888.535.3686 or complete this contact form now for our skilled and experienced representation.
