Oregon Bulletin
March 1, 2011
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.
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