77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1409
Senate Bill 171
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Health Care, Human Services and Rural Health Policy for Oregon
Medical Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires impaired health professional program to maintain
physical location or locations in this state that are sufficient
to allow enrolled licensees to physically meet with program
representatives.
Requires Oregon Health Authority, at request of health
profession licensing boards participating in impaired health
professional program, to establish supervisory councils or
contract with independent third parties for purposes related to
making recommendations to program or providing additional
services.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the impaired health professional program; creating
new provisions; amending ORS 676.190; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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) Maintain a physical location or locations in this
state that are sufficient to allow enrolled licensees to
physically meet with program representatives; + }
{ - (b) - } { + (c) + } 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) - } { + (d) + } Enter into diversion agreements
with enrolled licensees;
{ - (d) - } { + (e) + } Assess and evaluate compliance with
diversion agreements by enrolled licensees;
{ - (e) - } { + (f) + } 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) - } { + (g) + } 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:
(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) - } { + (h) + } 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) - }
{ + (1)(h) + } of this section are exempt from disclosure as a
public record under ORS 192.410 to 192.505.
(3) When the program reports noncompliance to 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
(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 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;
(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.
(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.
(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.
(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.
(9) The authority may adopt rules to carry out this section.
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of ORS 676.185 to 676.200. + }
SECTION 3. { + (1) At the request of a health profession
licensing board participating in the impaired health professional
program established under ORS 676.190, the Oregon Health
Authority shall:
(a) Establish by rule a supervisory council for the purposes
of:
(A) Monitoring and evaluating the program with respect to
licensees of the health profession licensing board who are
enrolled in the program;
(B) Devising potential resources for the program to offer those
licensees;
(C) Receiving grievances related to the program made by those
licensees; and
(D) Making recommendations to the program regarding resources
devised under subparagraph (B) of this paragraph or grievances
received under subparagraph (C) of this paragraph; or
(b) Contract with an independent third party for the purposes
of:
(A) Monitoring and evaluating the recovery of licensees of the
health profession licensing board who are enrolled in the
program;
(B) Mentoring those licensees; and
(C) Providing recovery support for those licensees.
(2)(a) A supervisory council established under subsection (1)
of this section must consist of:
(A) At least one licensee of the health profession licensing
board who has expertise in alcohol or substance abuse or mental
disorders;
(B) At least one licensee of the health profession licensing
board who successfully completed treatment for alcohol or
substance abuse or a mental disorder;
(C) At least one member who has an interest in impaired health
professional treatment; and
(D) One public member.
(b) A member of a supervisory council established under
subsection (1) of this section is not entitled to compensation,
but is entitled to expenses as provided in ORS 292.495.
(3) Information identifying a licensee who makes a grievance
with a supervisory council under subsection (1)(a)(C) of this
section or who participates in activities authorized by
subsection (1)(b) of this section is confidential and may not be
disclosed except to the extent that disclosure is necessary to
resolve a grievance.
(4) Information received by a supervisory council under
subsection (1)(a) of this section or by an independent third
party under subsection (1)(b) of this section may not be used to
make an allegation of substantial noncompliance under ORS 676.190
(1)(g). + }
SECTION 4. { + The amendments to ORS 676.190 by section 1 of
this 2013 Act apply to contracts for the establishment of an
impaired health professional program entered into 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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