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Oregon Bulletin

March 1, 2011

 

Oregon Health Authority,
Addictions and Mental Health Division: Addiction Services
Chapter 415

Rule Caption: Health Professionals’ Services Program.

Adm. Order No.: ADS 1-2011(Temp)

Filed with Sec. of State: 2-11-2011

Certified to be Effective: 2-11-11 thru 8-5-11

Notice Publication Date:

Rules Amended: 415-065-0055

Subject: This rule activity adds one sub-section to existing rules related to a statewide health professionals’ monitoring program for licensees of participating health licensing boards, as required by ORS 676.190, who are unable to practice with professional skill and safety due to substance abuse use disorders, mental health disorders, or both types of disorders.

      The sub-section being added will authorize the treatment vendor, upon receipt of a court order, to release identifying information to a licensee’s board, including a report of substantial non-compliance, if a license has revoked his or her previous consent to release information.

Rules Coordinator: Richard Luthe—(503) 947-1186

415-065-0055

Program Requirements

The vendor shall:

(1) Inform the licensee about the program services, requirements, benefits, risks, and confidentiality limitations and ensure that the licensee has signed a consent for services. The consent for services explains:

(a) Information the vendor will give to the board or to the monitoring entity and under what circumstances;

(b) Information the monitoring entity will give to the board and under what circumstances; and

(c) That the board may take action to suspend, restrict, modify, or revoke the licensee’s license or end the licensee’s participation in the program based on information from the vendor or the monitoring entity.

(2) Enter into a monitoring agreement with the licensee;

(3) Assess the licensee’s compliance with his or her monitoring agreement;

(4) Assess the ability of the licensee’s employer, when an employer exists to supervise the licensee, and require the employer to establish minimum training requirements for the licensee’s supervisor;

(5) Report the licensee’s substantial noncompliance with his or her monitoring agreement to the monitoring entity within one business day after the vendor learns of any substantial noncompliance; and

(6) At least weekly, submit a list to the monitoring entity of licensees who are enrolled in the program and a list of licensees who successfully completed the program.

(7) Seek a court order authorizing the vendor to release identifying information to a licensee’s board, including a report of substantial noncompliance as that is described in OAR 415-065-0060, if a self-referred licensee enrolled in the program, or a provisionally enrolled licensee with a qualifying diagnosis, revokes his or her consent to report substantial noncompliance to the licensee’s board.

(a) The vendor shall file documents with the court seeking a court order as soon as possible but no later than three (3) business days from the date it was notified that the licensee revoked consent to report substantial noncompliance.

(b) The vendor shall comply with 42 USC & 290dd-2(b)(2)(C); 42 CFR Part 2; the Health Insurance Portability and Accountability Act (HIPPA), Public Law 104-191, 45 CFR Parts 160, 162 and 164 and ORS 179.505, ORS 192.518–192.524 in seeking such a court order.

(c) The vendor shall disclose to the licensee’s board, within one (1) business day, any information the court authorizes it to disclose.

Stat. Auth.: ORS 409.050 & 676.190

Stats. Implemented: ORS 676.185 - 676.200

Hist.: ADS 3-2010, f. & cert. ef. 7-1-10; ADS 1-2011(Temp), f. & cert. ef. 2-11-11 thru 8-5-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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