Bill Text: OR HB2124 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the impaired health professional program established by the Oregon Health Authority; and declaring an emergency.
Sponsorship: Committee Bill
Status: (Passed) 2013-06-13 - Chapter 367, (2013 Laws): Effective date June 13, 2013. [HB2124 Detail]
Download: Oregon-2013-HB2124-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2124
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Health
Care)
CHAPTER ................
AN ACT
Relating to the impaired health professional program established
by the Oregon Health Authority; creating new provisions;
amending ORS 676.185, 676.190 and 676.200; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 676.185 is amended to read:
676.185. As used in ORS 676.185 to 676.200:
{ + (1) 'Direct supervisor' means the individual who is
responsible for:
(a) Supervising a licensee enrolled in the impaired health
professional program;
(b) Monitoring the licensee's compliance with the requirements
of the program; and
(c) Periodically reporting to the program on the licensee's
compliance with the requirements of the program. + }
{ - (1) - } { + (2) + } 'Health profession licensing board'
means:
(a) A health professional regulatory board as defined in ORS
676.160; or
(b) The Oregon Health Licensing Agency for a board, council or
program listed in ORS 676.606.
{ - (2) - } { + (3) + } 'Impaired professional' means a
licensee who is 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.
{ - (3) - } { + (4) + } 'Licensee' means a health
professional licensed or certified by or registered with a health
profession licensing board.
{ + (5) 'Substantial noncompliance' includes the following:
(a) Criminal behavior;
(b) Conduct that causes injury, death or harm to the public, or
a patient, including sexual impropriety with a patient;
(c) Impairment in a health care setting in the course of
employment;
(d) A positive toxicology test result as determined by federal
regulations pertaining to drug testing;
(e) Violation of a restriction on a licensee's practice imposed
by the impaired health professional program established under ORS
676.190 or the licensee's health profession licensing board;
Enrolled House Bill 2124 (HB 2124-B) Page 1
(f) Civil commitment for mental illness;
(g) Failure to participate in the program after entering into a
diversion agreement under ORS 676.190; or
(h) Failure to enroll in the program after being referred to
the program. + }
SECTION 2. ORS 676.190, as amended by section 1, chapter 2,
Oregon Laws 2012, is amended to read:
676.190. (1) The Oregon Health Authority shall establish or
contract to establish an impaired health professional program.
The program 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 and 42 C.F.R. part 2;
(c) Enter into diversion agreements with enrolled licensees;
{ - (d) Assess and evaluate compliance with diversion
agreements by enrolled licensees; - }
{ - (e) Assess the ability of an enrolled licensee's employer
to supervise the licensee and require an enrolled licensee's
employer to establish minimum training requirements for
supervisors of 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; + }
{ - (f) - } { + (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 { - , including but not limited to
information that a licensee: - } { + ; and + }
{ - (A) Engaged in criminal behavior; - }
{ - (B) Engaged in conduct that caused injury, death or harm
to the public, including engaging in sexual impropriety with a
patient; - }
{ - (C) Was impaired in a health care setting in the course
of the licensee's employment; - }
{ - (D) Received a positive toxicology test result as
determined by federal regulations pertaining to drug testing; - }
{ - (E) Violated a restriction on the licensee's practice
imposed by the program or the licensee's board; - }
{ - (F) Was admitted to the hospital for mental illness or
adjudged to be mentally incompetent; - }
{ - (G) Entered into a diversion agreement, but failed to
participate in the program; or - }
{ - (H) Was referred to the program but failed to enroll in
the program; and - }
{ - (g) - } { + (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.
Enrolled House Bill 2124 (HB 2124-B) Page 2
(2) The lists submitted under subsection { - (1)(g) - }
{ + (1)(f) + } of this section are exempt from disclosure as a
public record under ORS 192.410 to 192.505.
(3) When the program reports { + substantial + }
noncompliance { + under subsection (1)(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 (2)(a) or subsection
(6)(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.
(4) The program may not diagnose or treat licensees enrolled in
the program.
(5) The diversion agreement required by subsection (1) 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 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) { - Based on an individualized assessment, - } Require
that the licensee abstain from mind-altering or intoxicating
substances or potentially addictive drugs, unless the drug is
{ - approved by the program and - } { + :
(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 { - approved by a third
party - } ;
(f) Contain limits on the licensee's practice of the licensee's
health profession;
{ - (g) Provide for employer monitoring of the licensee; - }
{ - (h) Provide that the program may require an evaluation of
the licensee's fitness to practice before removing the limits on
the licensee's practice of the licensee's health profession; - }
{ - (i) - } { + (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 + };
{ - (j) - } { + (h) + } Require the licensee to report
{ - at least weekly - } to the program regarding the licensee's
compliance with the agreement;
{ - (k) - } { + (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;
Enrolled House Bill 2124 (HB 2124-B) Page 3
{ - (L) - } { + (j) + } Require the licensee to report
applications for licensure in other states, changes in employment
and changes in practice setting; and
{ - (m) - } { + (k) + } Provide that the licensee is
responsible for the cost of evaluations, toxicology testing and
treatment.
(6)(a) { + If a health profession licensing board
participating in the program establishes by rule an option for
self-referral to the program, + } a licensee of { - a - }
{ + the health profession licensing + } board
{ - participating in the program - } may self-refer to the
program.
(b) The program shall require { - the - } { + 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 { - a self-referred - } { + the + }
licensee's enrollment in or successful completion of the program
to the licensee's board.
(7) The authority shall adopt rules establishing a fee to be
paid by the { + health profession licensing + } boards
participating in the { - impaired health professional - }
program for administration of the program.
(8) The authority shall arrange for an independent third party
to audit the program { + every four years + } to ensure
compliance with program guidelines. The authority shall report
the results of the audit to the Legislative Assembly, the
Governor and the health profession licensing boards. The report
may not contain individually identifiable information about
licensees.
(9) The authority may adopt rules to carry out this section.
SECTION 3. ORS 676.200, as amended by section 2, chapter 2,
Oregon Laws 2012, is amended to read:
676.200. (1)(a) A health profession licensing board that is
authorized by law to take disciplinary action against licensees
may adopt rules opting to participate in the impaired health
professional program established under ORS 676.190 { + and may
contract with or designate one or more programs to deliver
therapeutic services to its licensees + }.
(b) A board { - may only refer impaired professionals to the
impaired health professional program established under ORS
676.190 and - } may not establish the board's own impaired
health professional program { + for the purpose of monitoring
licensees of the board that have been referred to the
program + }.
(c) A board may adopt rules establishing additional
requirements for licensees referred to the impaired health
professional program established under ORS 676.190 { + or a
Enrolled House Bill 2124 (HB 2124-B) Page 4
program with which the board has entered into a contract or
designated to deliver therapeutic services under subsection (1)
of this section + }.
(2) If a board participates in the impaired health professional
program, the board shall establish by rule a procedure for
referring licensees to the program. The procedure must provide
that, before the board refers a licensee to the program, the
board shall ensure that:
(a) An independent third party approved by the board to
evaluate alcohol or substance abuse or mental health disorders
has diagnosed the licensee with alcohol or substance abuse or a
mental health disorder and provided the diagnosis and treatment
options to the licensee and the board;
(b) The board has investigated to determine whether the
licensee's professional practice while impaired has presented or
presents a danger to the public; and
(c) The licensee has agreed to report any arrest for or
conviction of a misdemeanor or felony crime to the board within
three business days after the licensee is arrested or convicted.
(3) A board that participates in the impaired health
professional program shall { - investigate - } { + review + }
reports received from the program. If the board finds that a
licensee is substantially noncompliant with a diversion agreement
entered into under ORS 676.190, the board may suspend, restrict,
modify or revoke the licensee's license or end the licensee's
participation in the impaired health professional program.
(4) A board may not discipline a licensee solely because the
licensee:
(a) Self-refers to or participates in the impaired health
professional program;
(b) Has been diagnosed with alcohol or substance abuse or a
mental health disorder; or
(c) Used controlled substances before entry into the impaired
health professional program, if the licensee did not practice
while impaired.
SECTION 4. { + The amendments to ORS 676.190 (5) and (6) by
section 2 of this 2013 Act apply to:
(1) Diversion agreements between licensees and the impaired
health professional program entered into on or after the
effective date of this 2013 Act; and
(2) Licensees who self-refer to the impaired health
professional program on or after the effective date of this 2013
Act. + }
SECTION 5. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 2124 (HB 2124-B) Page 5
Passed by House March 5, 2013
Repassed by House June 6, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 4, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2124 (HB 2124-B) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2124 (HB 2124-B) Page 7
