ORS 676.190
Establishment of program

  • reports of noncompliance
  • diversion agreements
  • audit
  • rules

(1)

The health profession licensing boards may establish or contract to establish an impaired health professional program.

(2)

A program established or contracted for under this section must:

(a)

Enroll licensees of participating health profession licensing boards who have been diagnosed with alcohol or substance abuse or a mental health disorder;

(b)

Require that a licensee sign a written consent prior to enrollment in the program allowing disclosure and exchange of information between the program, the licensee’s board, the licensee’s employer, evaluators and treatment entities in compliance with ORS 179.505 (Disclosure of written accounts by health care services provider) and 42 C.F.R. part 2;

(c)

Enter into diversion agreements with enrolled licensees;

(d)

If the enrolled licensee has a direct supervisor, assess the ability of the direct supervisor to supervise the licensee, including an assessment of any documentation of the direct supervisor’s completion of specialized training;

(e)

Report substantial noncompliance with a diversion agreement to a noncompliant licensee’s board within one business day after the program learns of the substantial noncompliance; and

(f)

At least weekly, submit to licensees’ boards:

(A)

A list of licensees who were referred to the program by a health profession licensing board and who are enrolled in the program; and

(B)

A list of licensees who were referred to the program by a health profession licensing board and who successfully complete the program.

(3)

The lists submitted under subsection (2)(f) of this section are exempt from disclosure as a public record under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(4)

When the program reports substantial noncompliance under subsection (2)(e) of this section to a licensee’s board, the report must include:

(a)

A description of the substantial noncompliance;

(b)

A copy of a report from the independent third party who diagnosed the licensee under ORS 676.200 (Board participation in program) (2)(a) or subsection (7)(a) of this section stating the licensee’s diagnosis;

(c)

A copy of the licensee’s diversion agreement; and

(d)

The licensee’s employment status.

(5)

The program may not diagnose or treat licensees enrolled in the program.

(6)

The diversion agreement required by subsection (2) of this section must:

(a)

Require the licensee to consent to disclosure and exchange of information between the program, the licensee’s board, the licensee’s employer, evaluators and treatment programs or providers, in compliance with ORS 179.505 (Disclosure of written accounts by health care services provider) and 42 C.F.R. part 2;

(b)

Require that the licensee comply continuously with the agreement for at least two years to successfully complete the program;

(c)

Require that the licensee abstain from mind-altering or intoxicating substances or potentially addictive drugs, unless the drug is:

(A)

Prescribed for a documented medical condition by a person authorized by law to prescribe the drug to the licensee; and

(B)

Approved by the program if the licensee’s board has granted the program that authority;

(d)

Require the licensee to report use of mind-altering or intoxicating substances or potentially addictive drugs within 24 hours;

(e)

Require the licensee to agree to participate in a recommended treatment plan;

(f)

Contain limits on the licensee’s practice of the licensee’s health profession;

(g)

Require the licensee to submit to random drug or alcohol testing in accordance with federal regulations, unless the licensee is diagnosed with solely a mental health disorder and the licensee’s board does not otherwise require the licensee to submit to random drug or alcohol testing;

(h)

Require the licensee to report to the program regarding the licensee’s compliance with the agreement;

(i)

Require the licensee to report any arrest for or conviction of a misdemeanor or felony crime to the program within three business days after the licensee is arrested or convicted;

(j)

Require the licensee to report applications for licensure in other states, changes in employment and changes in practice setting; and

(k)

Provide that the licensee is responsible for the cost of evaluations, toxicology testing and treatment.

(7)

Intentionally left blank —Ed.

(a)

A health profession licensing board may establish by rule an option to permit licensees of the health profession licensing board to self-refer to the program.

(b)

The program shall require a licensee who self-refers to the program to attest that the licensee is not, to the best of the licensee’s knowledge, under investigation by the licensee’s board. The program shall enroll the licensee on the date on which the licensee attests that the licensee, to the best of the licensee’s knowledge, is not under investigation by the licensee’s board.

(c)

When a licensee self-refers to the program, the program shall:

(A)

Require that an independent third party approved by the licensee’s board to evaluate alcohol or substance abuse or mental health disorders evaluate the licensee for alcohol or substance abuse or mental health disorders; and

(B)

Investigate to determine whether the licensee’s practice while impaired has presented or presents a danger to the public.

(d)

When a licensee self-refers to the program, the program may not report the licensee’s enrollment in or successful completion of the program to the licensee’s board.

(8)

The health profession licensing boards shall arrange for an independent third party to conduct an audit every four years of an impaired health professional program for the licensees of those health profession licensing boards to ensure compliance with program guidelines. The health profession licensing boards shall report the results of the audit to the Legislative Assembly in the manner provided by ORS 192.245 (Form of report to legislature) and to the Governor. The report may not contain individually identifiable information about licensees.

(9)

The health profession licensing boards, in consultation with one another, may adopt rules to carry out this section. [2009 c.697 §1b; 2009 c.828 §73; 2012 c.2 §1; 2013 c.367 §2; 2016 c.5 §1]

Source: Section 676.190 — Establishment of program; reports of noncompliance; diversion agreements; audit; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors676.­html.

676.108
Definition of “health professional regulatory board.”
676.110
Use of title “doctor.”
676.115
Use of title “nurse.”
676.120
Use of deceased licensee’s name
676.130
Enforcement of ORS 676.110, 676.115 and 676.120
676.150
Duty to report prohibited or unprofessional conduct, arrests and convictions
676.160
Definitions for ORS 676.165 to 676.180
676.165
Complaint investigation
676.170
Immunity of information providers
676.175
Complaints and investigations confidential
676.177
Disclosure of confidential information to another public entity
676.180
Notice prior to disclosure
676.185
Definitions for ORS 676.185 to 676.200
676.190
Establishment of program
676.194
Impaired Health Professional Program Work Group
676.200
Board participation in program
676.205
Continuing jurisdiction of boards
676.210
Practice of health care profession after suspension or revocation of license prohibited
676.220
Enjoining health care professional from practicing after suspension or revocation of license
676.230
Injunction as cumulative remedy
676.260
Health care facility notification of blood alcohol level or presence of cannabis or controlled substance in blood
676.280
Immunity of person providing notice to law enforcement of blood test results
676.300
Authority of health care provider to notify law enforcement agency that patient who is under influence of intoxicants is about to drive vehicle
676.303
Purposes of health professional regulatory boards
676.306
Executive directors
676.308
Authorization for military spouse or domestic partner to practice health profession
676.310
Fees for laboratory testing
676.330
Approved osteopathic residency training and certification included as medical specialty certification
676.340
Limitations on liability of health practitioners providing health care services without compensation
676.345
Registration program for health care professionals claiming liability limitation
676.350
Authority of health professional regulatory boards to adopt rules permitting expedited partner therapy
676.360
Pelvic examinations
676.400
Racial and ethnic composition of regulated health professions
676.405
Release of personal information
676.410
Information required for renewal of certain licenses
676.440
Duty of health professional regulatory boards to encourage multidisciplinary pain management services
676.450
Health Care Provider Incentive Fund
676.454
Health care provider incentive program
676.459
Health care workforce needs
676.463
Financial incentive program participation data
676.467
Allocation of moneys
676.551
Needlestick injury
676.553
Prohibitions relating to provision of substance abuse, problem gambling or mental health services and support
676.560
Purpose of Health Licensing Office
676.562
Definitions for ORS 676.560 to 676.625
676.565
Oversight and centralized service by office
676.568
Office responsibilities
676.572
Issuance of authorizations
676.576
Fees
676.579
Director
676.585
Duty of director to keep records and prepare reports
676.590
Disclosure of investigatory information, records
676.595
Disclosure of certain investigatory information
676.599
Disclosure of information to other public entity
676.608
Investigative authority
676.612
Disciplinary authority
676.613
Injunctions
676.615
Rulemaking authority
676.616
Final order authority for contested cases related to practice of direct entry midwifery
676.618
Inspection of facilities
676.622
Exemption from certain requirements for original signatures
676.625
Health Licensing Office Account
676.630
Definitions for ORS 676.630 to 676.660
676.635
Prohibition on unauthorized practice of advanced nonablative esthetics procedures or unauthorized use of title
676.640
Certification for practice of advanced nonablative esthetics procedures
676.645
Renewal of certificate
676.647
Prohibition on use of unregistered device
676.650
Board of Certified Advanced Estheticians
676.655
Board powers
676.660
Health Licensing Office authority to discipline persons certified to practice advanced nonablative esthetics procedures
676.665
Definitions for ORS 676.665 to 676.689
676.669
Lactation consultant license
676.673
Continuing education
676.677
Standards of practice and professional responsibility
676.681
Prohibition on unauthorized practice, use of title
676.685
Discipline
676.689
Rules
676.730
Definitions for ORS 676.730 to 676.748
676.733
Genetic counseling license
676.736
Prohibition on unauthorized practice, use of title
676.739
Requirement to refer for diagnosis, certain treatment
676.742
Requirement to practice, provide services in culturally, linguistically appropriate manner
676.745
Discipline
676.748
Rules
676.802
Definitions for ORS 676.802, 676.806 and 676.810 to 676.820
676.806
Behavior Analysis Regulatory Board
676.810
Board duties
676.815
Behavior analysis interventionists
676.820
Use of titles “licensed behavior analyst,” “licensed assistant behavior analyst,” “registered behavior analysis interventionist.”
676.825
Disciplinary authority over persons licensed or registered
676.830
Health benefit plan credentialing for applied behavior analysis providers
676.850
Authority of regulatory boards to require cultural competency continuing education
676.855
Authority of public universities and community colleges to require cultural competency continuing education
676.860
Suicide risk assessment, treatment and management continuing education for physical health care providers
676.863
Oregon Health Authority list of continuing education opportunities
676.866
Suicide risk assessment, treatment and management continuing education for behavioral health care providers
676.870
Definitions for ORS 676.870 to 676.890
676.875
Requirements for practice of surgical technology in health care facilities
676.880
Exemption
676.885
Practice of surgical technology in health care facility in rural or medically underserved community
676.890
Penalties
676.990
Criminal penalties
676.992
Civil penalties
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