Oregon Code § 676.193·Enacted ·Last updated March 01, 2026
Statute Text
Monitoring agreement requirements; exemption.
(1) A monitoring agreement required under ORS 676.190
must require that the licensee who is party to the monitoring agreement:
(a) Subject to
subsection (3) of this section, consent to disclosure and exchange of
information between the impaired health professional program established under
ORS 676.190, the licensees health professional licensing board, employer,
evaluators and treatment entities, in compliance with ORS 179.505 and 42 C.F.R.
part 2;
(b) Comply
continuously with the agreement for at least two years to successfully complete
the program;
(c) Agree to
participate in a recommended treatment plan;
(d) Subject to
subsection (4) of this section, submit to random drug or alcohol testing in
accordance with federal regulations; and
(e) Subject to
subsection (4) of this section, abstain from the use of mind-altering or
intoxicating substances or potentially addictive drugs unless the drugs are:
(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 licensees health professional licensing board has granted
the program that authority.
(2) The
monitoring agreement described in subsection (1) of this section must also:
(a) Require the
licensee to report at least the following information to the impaired health
professional program:
(A) The licensees
use of mind-altering or intoxicating substances or potentially addictive drugs
within 24 hours of the use, if the licensees monitoring agreement requires the
licensee to abstain from the use of those substances;
(B) In compliance
with rules adopted under ORS 676.190, the licensees compliance or
noncompliance with the agreement;
(C) Regarding the
licensee, any arrest for or conviction of a misdemeanor or felony crime within
three business days after the licensee is arrested or convicted; and
(D) Any
applications that the licensee submits for licensure in other states, changes
in the licensees employment and changes in the licensees practice setting;
(b) Contain
limits on the licensees practice of the licensees health profession; and
(c) Provide that
the licensee is responsible for the cost of evaluations, toxicology testing and
treatment.
(3)
Notwithstanding subsection (1)(a) of this section, information related to a
licensee who self-enrolls in the impaired health professional program may be
disclosed to the licensees health professional licensing board only if the
licensee is noncompliant with the licensees monitoring agreement.
(4) The
requirements of subsection (1)(d) and (e) of this section do not apply to a
monitoring agreement for a licensee who is diagnosed with solely a mental
health disorder and whose health professional licensing board does not
otherwise require the licensee to submit to random drug or alcohol testing. [2025
c.499 §3]