74th OREGON LEGISLATIVE ASSEMBLY--2007 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 557
A-Engrossed
Senate Bill 145
Ordered by the Senate March 9
Including Senate Amendments dated March 9
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 Theodore R.
Kulongoski for Board of Medical Examiners)
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.
Changes name of Diversion Program Supervisory Council to Health
Professionals Program Supervisory Council. Increases membership
of council from five to seven members. Requires one member of
council to be public member representing health care consumers.
Expands program to include licensees with mental disorders.
Requires personnel of program to report violation or suspected
violation of Board of Medical Examiners rules concerning sexual
{ - misconduct - } { + violation + } and impropriety by
licensee to board.
A BILL FOR AN ACT
Relating to diversion program for licensees of the Board of
Medical Examiners; amending ORS 677.615, 677.625, 677.635,
677.645, 677.655, 677.665 and 677.677.
Be It Enacted by the People of the State of Oregon:
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 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 + }.
SECTION 5. ORS 677.655 is amended to read:
677.655. (1) All records 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.
(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 { +
except as required by ORS 677.645 + }.
(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).
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.
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