Chapter 335
AN ACT
SB 433
Relating to disciplinary action taken by
Oregon State Board of Nursing; amending ORS 678.112.
Be It Enacted by the People of
the State of
SECTION 1. ORS 678.112 is amended to read:
678.112. (1) When a
person licensed to practice nursing voluntarily seeks treatment for chemical
dependency or an emotional or physical problem that otherwise may lead to
formal disciplinary action under ORS 678.111, the Oregon State Board of Nursing
may abstain from taking such formal disciplinary action if the board finds that
the licensee can be treated effectively and that there is no danger to the
public health, safety or welfare.
(2) If the board
abstains from taking such formal disciplinary action, it may require the
licensee to be subject to the voluntary monitoring program as established by
the board.
(3) All records of the
voluntary monitoring program are confidential and shall not be subject to
public disclosure, nor shall the records be admissible as evidence in any
judicial proceedings.
(4) A licensee
voluntarily participating in the voluntary monitoring program shall not be
subject to investigation or disciplinary action by the board for the same
offense, if the licensee complies with the terms and conditions of the
monitoring program.
(5) The board shall
establish by rule criteria for eligibility to participate in the voluntary
monitoring program and criteria for successful completion of the program.
(6) Licensees who elect
not to participate in the voluntary monitoring program or who fail to comply
with the terms of participation shall be reported to the board for formal
disciplinary action under ORS 678.111.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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