Chapter 796
AN ACT
SB 145
Relating to diversion program for licensees of the Board of Medical
Examiners; amending ORS 192.690, 677.615, 677.625, 677.635, 677.645, 677.655,
677.665 and 677.677; and prescribing an effective date.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 677.615 is amended to read:
677.615. (1) There is
established a [Diversion] Health
Professionals Program Supervisory Council consisting of [five] seven members, one of
whom is a public member, appointed by the Board of Medical Examiners for
the purpose of developing and implementing a diversion program for licensees
who are regulated under this chapter and who are chemically dependent [licensees regulated under this chapter] or
have a mental disorder. [No]
Current members of the board [member]
or staff [shall] may not serve
on the council.
(2) The term of office
of each member of the council is two years, but a member serves at the
pleasure of the board. Before the expiration of the term of a member, the board
shall appoint a successor whose term begins July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the board
shall make an appointment to become immediately effective for the unexpired
term.
(3) The members of the
council must be [citizens] residents
of this state who are familiar with the recognition, intervention, assessment
and treatment of persons who are chemically dependent [persons] or who have a mental
disorder. The public member of the council shall represent health care
consumers.
(4) A member of the
council is entitled to compensation and expenses as provided in ORS 292.495,
except that the compensation for the time spent in performance of official
duties shall be the same as the compensation received by members of the Board
of Medical Examiners.
(5) The council shall
select one of its members as chairperson and another as vice chairperson, for
such terms and with duties and powers necessary for the performance of the
functions of such offices as the council determines.
(6) A majority of the
members of the council constitutes a quorum for the transaction of business.
SECTION 2.
ORS 677.625 is amended to read:
677.625. (1) Subject to
the approval of the Board of Medical Examiners, the [Diversion] Health Professionals Program Supervisory Council
shall appoint a medical director to serve at the pleasure of the council. The
medical director shall be an employee of the board.
(2) The medical director
shall administer, under the control and supervision of the council, the
diversion program for licensees who are chemically dependent [licensees] or who have a mental
disorder.
(3) The board shall
appoint such employees as may be necessary to carry out the duties of the
council, as assigned by the medical director.
SECTION 3.
ORS 677.635 is amended to read:
677.635. The Board of
Medical Examiners may enter into contracts to provide services for licensees
who are chemically dependent [licensees]
or who have a mental disorder and may, in accordance with ORS chapter 183,
adopt rules necessary for the administration of a diversion program for licensees
who are chemically dependent [licensees]
or who have a mental disorder.
SECTION 4.
ORS 677.645 is amended to read:
677.645. (1) In addition
to or in lieu of any disciplinary action under ORS 677.205, the Board of
Medical Examiners may refer a licensee who is chemically dependent or who
has a mental disorder to a diversion program administered by the [Diversion] Health Professionals
Program Supervisory Council.
(2) The council and
the medical director shall [report to
the board and provide] submit a written report to the board containing
all pertinent information concerning any licensee who:
(a) Fails to complete the diversion program;
[or]
(b) Fails to
participate in the diversion program in good faith;
(c) The council or the
medical director has reason to believe may have engaged in or is currently
engaging in sexual violation that is in violation of rules adopted by the
board; or
(d) The council or the
medical director has reason to believe may have engaged in or is currently
engaging in sexual impropriety as defined by the rules adopted by the board and
who, in the judgment of the council or medical director, represents a potential
danger to patients.
(3) The council and
the medical director may not disclose any information concerning a licensee,
other than the report required under subsection (2) of this section, without
the written consent of the licensee or subject to a valid court order.
SECTION 5.
ORS 677.655 is amended to read:
677.655. (1) All records
and meetings of the [Diversion]
Health Professionals Program Supervisory Council are confidential and
shall not be subject to public disclosure, nor shall the records be admissible
as evidence in any judicial, administrative, arbitration or mediation
proceeding except proceedings between the licensee or applicant and the Board
of Medical Examiners. Case reviews, deliberations and communications
regarding any participant in the program are exempt from the provisions of ORS
192.610 to 192.690.
(2) The members,
employees, contractors and past or present clients of the council shall not be
subject to the disclosure requirements in ORS 677.415[, nor shall they disclose information or be examined regarding any
participant in the program].
(3) Any licensee who in
good faith voluntarily participates in an approved diversion program and
successfully completes the program shall not be subject to disciplinary
investigation or sanctions unless the licensee is suspected of a violation [of this chapter] described in ORS
677.190, [other than] except
for ORS 677.190 (1)(a), by the manner of obtaining or self-administration
of intoxicants, drugs or controlled substances or a violation [of] described in ORS 677.190 (7),
(13), (20) or (24).
(4) Except as
otherwise provided in ORS 677.615 to 677.677, disclosures of client records,
including but not limited to mental health records, by members, employees,
contractors and past or present clients of the council are subject to 42 C.F.R.
part 2, sections 2.1 through 2.67. For the purposes of this subsection, medical
health records and communications regarding mental health treatment shall be
treated with the same confidentiality protections as alcohol and drug abuse
patient records under 42 C.F.R. part 2, sections 2.1 through 2.67.
SECTION 6.
ORS 677.665 is amended to read:
677.665. The Board of
Medical Examiners, the [Diversion] Health
Professionals Program Supervisory Council, and their members, employees and
contractors shall be immune from any civil liability arising from good faith
actions taken pursuant to ORS 677.615 to 677.677.
SECTION 7.
ORS 677.677 is amended to read:
677.677. In addition to
any other powers granted by ORS 677.615 to 677.677, the Board of Medical
Examiners may adopt necessary and proper rules for administration of ORS
677.615 to 677.677 including, but not limited to, establishing fees and charges
to carry out its legal responsibilities, subject to prior approval by the
Oregon Department of Administrative Services and a report to the Emergency
Board prior to adopting the fees and charges. The fees and charges established
under this section shall not exceed the cost of administering the program of
the [Diversion] Health
Professionals Program Supervisory Council, as authorized by the Legislative
Assembly within the board’s budget, or as the budget may be modified by the
Emergency Board, and shall be maintained in an account separate from other
funds of the board.
SECTION 8.
ORS 192.690 is amended to read:
192.690. (1) ORS 192.610
to 192.690 do not apply to the deliberations of the State Board of Parole and
Post-Prison Supervision, the Psychiatric Security Review Board, state agencies
conducting hearings on contested cases in accordance with the provisions of ORS
chapter 183, the review by the Workers’ Compensation Board or the Employment
Appeals Board of similar hearings on contested cases, meetings of the state
lawyers assistance committee operating under the provisions of ORS 9.568, meetings
of the Health Professionals Program Supervisory Council established under ORS
677.615, meetings of the personal and practice management assistance
committees operating under the provisions of ORS 9.568, the county
multidisciplinary child abuse teams required to review child abuse cases in
accordance with the provisions of ORS 418.747, the child fatality review teams
required to review child fatalities in accordance with the provisions of ORS
418.785, the peer review committees in accordance with the provisions of ORS
441.055, mediation conducted under ORS 36.250 to 36.270, any judicial
proceeding, meetings of the Oregon Health and Science University Board of
Directors or its designated committee regarding candidates for the position of
president of the university or regarding sensitive business, financial or
commercial matters of the university not customarily provided to competitors
related to financings, mergers, acquisitions or joint ventures or related to
the sale or other disposition of, or substantial change in use of, significant
real or personal property, or related to health system strategies, or to Oregon
Health and Science University faculty or staff committee meetings.
(2) Because of the grave
risk to public health and safety that would be posed by misappropriation or
misapplication of information considered during such review and approval, ORS
192.610 to 192.690 shall not apply to review and approval of security programs
by the Energy Facility Siting Council pursuant to ORS 469.530.
SECTION 9. This
2007 Act takes effect on January 1, 2009.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2009
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