ORS 441.181: Retaliation for disclosure is prohibited
A hospital may not take retaliatory action against a nursing staff member because the nursing staff:
(a) Discloses, reports or provides information about an activity, policy, or practice in violation of a law or professional standards of practice
(b) Objects to or refuses to participate in an activity, policy, or practice in violation of a law or professional standards of practice
(c) Participates in a committee or peer review process or files a report or complaint that discusses allegations of unsafe, dangerous or potentially dangerous care
If a nursing staff member is concerned about any hospital activity, policy, or practice in violation of a law or professional standards of practice that may pose a risk to the health, safety, or welfare of a patient or the public, the nurse is requested to provide notice to a hospital manager (or other reporting structure as defined by hospital policy) to provide the manager a reasonable opportunity for correction. If the nursing staff member is reasonably certain that the activity, policy, practice or violation is known to one or more hospital managers, or an emergency situation exists, or reasonably fears physical harm as a result of the disclosure, or reasonably believes that a crime has been committed, there is no requirement to notify a hospital manager prior to disclosure.
ORS 441.183 Remedies for retaliation. (1) A nursing staff aggrieved by an act prohibited by ORS 441.181 may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action brought under this subsection and are in addition to any remedies provided in subsection (2) of this section.
(2) In an action brought under subsection (1) of this section, a circuit court may do any of the following:
(a) Issue a temporary restraining order or a preliminary or permanent injunction to restrain a continued violation of ORS 441.181.
(b) Reinstate the nursing staff to the same or equivalent position that the nursing staff held before the retaliatory action.
(c) Reinstate full benefits and seniority rights to the nursing staff as if the nursing staff had continued in employment.
(d) Compensate the nursing staff for lost wages, benefits and other remuneration, including interest, as if the nursing staff had continued in employment.
(e) Order the hospital to pay reasonable litigation costs of the nursing staff, including reasonable expert witness fees and reasonable attorney fees.
(f) Award punitive damages as provided in ORS 31.730.
(3) Except as provided in subsection (4) of this section, in any action brought by a nursing staff under subsection (1) of this section, if the court finds that the nursing staff had no objectively reasonable basis for asserting the claim, the court may award costs, expert witness fees and reasonable attorney fees to the hospital.
(4) A nursing staff may not be assessed costs or fees under subsection (3) of this section if, upon exercising reasonable and diligent efforts after filing the action, the nursing staff moves to dismiss the action against the hospital after determining that no issue of law or fact exists that supports the action against the hospital.
ORS 441.184: Unlawful
employment practices; civil
action for retaliation.
hospital that takes any retaliatory
action described in ORS 441.181
against a nursing staff commits an
unlawful employment practice.
(2) A nursing staff claiming to
be aggrieved by an alleged
violation of ORS 441.181 may file
a complaint with the
Commissioner of the Bureau of
Labor and Industries in the
manner provided by ORS
659A.820. Except for the
provisions of ORS 659A.870,
659A.875, 659A.880 and
659A.885, violation of ORS
441.181 is subject to enforcement
under ORS chapter 659A.
(3) Except as provided in
subsection (4) of this section, a
civil action under ORS 441.183
must be commenced within one
year after the occurrence of the
unlawful employment practice
unless a complaint has been
timely filed under ORS 659A.820.
(4) The nursing staff who has
filed a complaint under ORS
659A.820 must commence a civil
action under ORS 441.183 within
90 days after a 90-day notice is
mailed to the nursing staff under
(5) The commissioner shall
issue a 90-day notice to the
(a) If the commissioner
dismisses the complaint within one
year after the filing of the
complaint and the dismissal is for
any reason other than the fact that
a civil action has been filed.
(b) On or before the one-year
anniversary of the filing of the
complaint unless a 90-day notice
has previously been issued under
paragraph (a) of this subsection or
the matter has been resolved by
the execution of a settlement
(6) A 90-day notice under this
section must be in writing and
must notify the nursing staff that a
civil action against the hospital
under ORS 441.183 may be filed
within 90 days after the date of
mailing of the 90-day notice and
that any right to bring a civil action
against the hospital under ORS
441.183 will be lost if the action is
not commenced within 90 days
after the date of mailing of the 90-
(7) The remedies under this
section and ORS 441.183 are
supplemental and not mutually
exclusive. [Formerly 441.178]
ORS 441.192: Notice of
employment outside of hospital.
(1) A hospital, as defined in ORS
441.179, may require a registered
nurse who is receiving full
employment benefits from the
hospital to provide notice of any
outside employment that may
reasonably impede the ability of
the nurse to fulfill the nurse’s
obligation to the hospital in
providing nursing services to
patients under the hospital’s care.
(2) If a hospital determines
that the outside employment
causes a risk to patients receiving
services in the hospital, the
hospital may require the nurse to
discontinue the outside
(3) A hospital may not
unreasonably restrict the outside
employment of nurses and may
restrict outside employment only if
the hospital provides in writing to
the nurse an explanation of the
hospital’s documentation that the
outside employment creates a risk
to patients in the hospital. A nurse
who does not discontinue outside
employment if required by the
hospital may be disciplined or
terminated from employment by
(4) A nurse who does not
provide notice as required by a
hospital pursuant to this section