74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 145
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)
CHAPTER ................
AN ACT
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 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
Enrolled Senate Bill 145 (SB 145-B) Page 1
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
Enrolled Senate Bill 145 (SB 145-B) Page 2
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
Enrolled Senate Bill 145 (SB 145-B) Page 3
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. + }
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Passed by Senate March 19, 2007
Repassed by Senate June 15, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 12, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 145 (SB 145-B) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 145 (SB 145-B) Page 5