Oregon Revised Statutes Chapter 676 § 676.190 — Establishment of program; reports of noncompliance; self-referrals; audit;

Establishment of program; reports of noncompliance; self-referrals; audit; fees; rules. (1) The health professional licensing boards may establish or contract to establish an impaired health professional program to assist licensees who are unable to practice with professional skill and safety by reason of habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability or by reason of a mental health disorder. (2) A program established or contracted for under this section must: (a) Enroll licensees of participating health professional 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 health professional licensing board, the licensee’s employer, evaluators and treatment entities in compliance with ORS 179.505 and 42 C.F.R. part 2; (c) Enter into monitoring agreements with enrolled licensees, regardless of whether the licensee was referred by the licensee’s health professional licensing board or was self-referred; (d) If the enrolled licensee has a workplace monitor, assess the ability of the workplace monitor to supervise the licensee, including an assessment of any documentation of the workplace monitor’s completion of specialized training; (e) Report substantial noncompliance with a monitoring agreement to a noncompliant licensee’s health professional licensing board within one business day after the program learns of the substantial noncompliance; and (f) At least weekly, submit to licensees’ health professional licensing boards: (A) A list of licensees who were referred to the program by a health professional licensing board and who are enrolled in the program; and (B) A list of licensees who were referred to the program by a health professional 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 to 192.478. (4) When the program reports substantial noncompliance under subsection (2)(e) of this section to a licensee’s health professional licensing board, the report must include: (a) A description of the substantial noncompliance; (b) A copy of a report from the independent clinical evaluator who diagnosed the licensee under ORS 676.200 (2)(a) or subsection (6)(c) of this section stating the licensee’s diagnosis; (c) A copy of the licensee’s monitoring agreement; and (d) The licensee’s employment status. (5) The program may not diagnose or treat licensees enrolled in the program. (6)(a) A health professional licensing board may establish by rule an option to permit licensees of the health professional 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 health professional licensing 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 health professional licensing board. (c) When a licensee self-refers to the program, the program shall: (A) Require that an independent clinical evaluator 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 health professional licensing board. (7) The health professional licensing boards shall arrange for an independent clinical evaluator to conduct an audit every four years of an impaired health professional program for the licensees of those health professional licensing boards to ensure compliance with program guidelines. The health professional licensing boards shall report the results of the audit to the Legislative Assembly in the manner provided by ORS 192.245 and to the Governor. The report may not contain individually identifiable information about licensees. (8) The health professional licensing boards, in consultation with one another, may adopt rules to carry out this section and ORS 676.193. (9) In addition to other fees that a health professional licensing board imposes on licensees, a health professional licensing board may adopt rules to impose a fee of $25 per year on each person licensed by the health professional licensing board who is eligible to enroll in the program. A health profess