Bill Text: OR SB101 | 2013 | Regular Session | Engrossed
Bill Title: Relating to the impaired health professional program established by the Oregon Health Authority.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB101 Detail]
Download: Oregon-2013-SB101-Engrossed.html
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 357
A-Engrossed
Senate Bill 101
Ordered by the Senate March 8
Including Senate Amendments dated March 8
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 Governor John A. Kitzhaber,
M.D., for Oregon Health Authority)
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.
Eliminates from impaired health professional program
requirement that employers of program participants establish
minimum training requirements for supervisors of participants.
{ + Modifies provision under which program assesses supervision
of participants. + }
Removes admittance to hospital for mental illness and court
ruling of mental incompetence from list of information that
program must report as evidence of substantial noncompliance with
diversion agreement entered into under program.
A BILL FOR AN ACT
Relating to the impaired health professional program established
by the Oregon Health Authority; amending ORS 676.190.
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) 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; - }
{ + (e) 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 that may
be required by the relevant health profession licensing
board; + }
(f) 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) - } { + (F) + } Entered into a diversion agreement,
but failed to participate in the program; or
{ - (H) - } { + (G) + } Was referred to the program but
failed to enroll in the program; and
(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.
(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.
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