Bill Text: OR HB4009 | 2012 | Regular Session | Enrolled
Bill Title: Relating to the impaired health professional program; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2012-02-27 - Chapter 2, (2012 Laws): Effective date February 27, 2012. [HB4009 Detail]
Download: Oregon-2012-HB4009-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4009
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; creating
new provisions; amending ORS 676.190 and 676.200; repealing ORS
676.195; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 676.190 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
monitoring entity established under ORS 676.195, - } 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;
(f) Report substantial noncompliance with a diversion agreement
to { - the monitoring entity established under ORS 676.195 - }
{ + 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:
(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;
Enrolled House Bill 4009 (HB 4009-A) Page 1
(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) At least weekly, submit a list of licensees who are
enrolled in the program and a list of licensees who successfully
complete the program to the monitoring entity established under
ORS 676.195. - }
{ + (g) 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.
(2) The lists submitted under subsection (1)(g) of this section
are exempt from disclosure as a public record under ORS 192.410
to 192.505. + }
{ - (2) - } { + (3) + } When the program reports
noncompliance to { - the monitoring entity - } { + a
licensee's board + }, the report must include:
(a) A description of the noncompliance;
(b) A copy of a report from the independent third party who
diagnosed the licensee under ORS 676.200 (2)(a) or subsection
{ - (5)(a) - } { + (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.
{ - (3) - } { + (4) + } The program may not diagnose or
treat licensees enrolled in the program.
{ - (4) - } { + (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 monitoring entity established under ORS 676.195, - }
the licensee's employer, evaluators and treatment 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 prescribed for a documented medical condition by a
person authorized by law to prescribe the drug to the licensee;
(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 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) Require the licensee to submit to random drug or alcohol
testing in accordance with federal regulations;
(j) Require the licensee to report at least weekly to the
program regarding the licensee's compliance with the agreement;
Enrolled House Bill 4009 (HB 4009-A) Page 2
(k) 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;
(L) Require the licensee to report applications for licensure
in other states, changes in employment and changes in practice
setting; and
(m) Provide that the licensee is responsible for the cost of
evaluations, toxicology testing and treatment.
{ - (5)(a) - } { + (6)(a) + } A licensee of a board
participating in the program may self-refer to the program.
(b) The program shall require the licensee 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) The program may not report a self-referred licensee's
enrollment in or successful completion of the program to the
licensee's board. + }
{ - (6) - } { + (7) + } The authority shall adopt rules
establishing a fee to be paid by the boards participating in the
impaired health professional program for administration of the
program.
{ - (7) - } { + (8) + } The authority shall arrange for an
independent third party to audit the program 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.
{ - (8) - } { + (9) + } The authority may adopt rules to
carry out this section.
SECTION 2. ORS 676.200 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.
(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.
(c) A board may adopt rules establishing additional
requirements for licensees referred to the impaired health
professional program established under ORS 676.190.
(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
Enrolled House Bill 4009 (HB 4009-A) Page 3
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 reports received from the
{ - monitoring entity established under ORS 676.195 - } { +
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 3. { + ORS 676.195 is repealed. + }
SECTION 4. { + (1) The amendments to ORS 676.190 and 676.200
by sections 1 and 2 of this 2012 Act and the repeal of ORS
676.195 by section 3 of this 2012 Act become operative on July 1,
2012.
(2) The Oregon Health Authority or a health profession
licensing board as defined in ORS 676.185 may take any action
before July 1, 2012, that is necessary to enable the authority or
board to exercise, on and after July 1, 2012, all the duties,
functions and powers conferred on the authority or board by the
amendments to ORS 676.190 and 676.200 by sections 1 and 2 of this
2012 Act and the repeal of ORS 676.195 by section 3 of this 2012
Act. + }
SECTION 5. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
----------
Enrolled House Bill 4009 (HB 4009-A) Page 4
Passed by House February 9, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate February 20, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4009 (HB 4009-A) Page 5
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4009 (HB 4009-A) Page 6
