75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to HB 2345
LC 1153/HB 2345-3
HOUSE AMENDMENTS TO
HOUSE BILL 2345
By COMMITTEE ON HEALTH CARE
May 1
On page 1 of the printed bill, delete lines 7 through 28.
On page 2, delete lines 1 through 39 and insert:
' { + SECTION 1. + } { + As used in sections 1 to 1c of this
2009 Act:
' (1) 'Health profession licensing board' means:
' (a) A health professional regulatory board as defined in ORS
676.160; or
' (b) The Oregon Health Licensing Agency for a board, council
or program listed in ORS 676.606.
' (2) 'Impaired professional' means a licensee who is unable to
practice with professional skill and safety by reason of habitual
or excessive use or abuse of drugs, alcohol or other substances
that impair ability or by reason of a mental health disorder.
' (3) 'Licensee' means a health professional licensed or
certified by or registered with a health profession licensing
board. + }
' { + SECTION 1a. + } { + (1)(a) A health profession
licensing board that is authorized by law to take disciplinary
action against licensees may adopt rules opting to participate in
the impaired health professional program established under
section 1b of this 2009 Act.
' (b) A board may only refer impaired professionals to the
impaired health professional program established under section 1b
of this 2009 Act and may not establish the board's own impaired
health professional program.
' (c) A board may adopt rules establishing additional
requirements for licensees referred to the impaired health
professional program established under section 1b of this 2009
Act.
' (2) If a board participates in the impaired health
professional program, the board shall establish by rule a
procedure for referring licensees to the program. The procedure
must provide that, before the board refers a licensee to the
program, the board shall ensure that:
' (a) An independent third party approved by the board to
evaluate alcohol or substance abuse or mental health disorders
has diagnosed the licensee with alcohol or substance abuse or a
mental health disorder and provided the diagnosis and treatment
options to the licensee and the board;
' (b) The board has investigated to determine whether the
licensee's professional practice while impaired has presented or
presents a danger to the public; and
' (c) The licensee consents to the entry of the licensee's name
and fingerprints in the Law Enforcement Data System established
in ORS 181.730.
' (3)(a) For the purpose of requesting state or nationwide
criminal records checks under ORS 181.534, a board may require
the fingerprints of a licensee before referring the licensee to
the impaired health professional program.
' (b) Notwithstanding ORS 181.534 (5) and (6), the Department
of State Police shall maintain in the department's files
fingerprint cards submitted to the department for purposes of
conducting a state or nationwide criminal records check under
paragraph (a) of this subsection.
' (c) A board is a designated agency for purposes of ORS
181.010 to 181.560 and 181.715 to 181.730.
' (4) A board that participates in the impaired health
professional program shall investigate reports received from the
monitoring entity established under section 1c of this 2009 Act.
If the board finds that a licensee is substantially noncompliant
with a diversion agreement entered into under section 1b of this
2009 Act, the board may suspend, restrict, modify or revoke the
licensee's license or end the licensee's participation in the
impaired health professional program.
' (5) A board may not discipline a licensee solely because the
licensee:
' (a) Self-refers to or participates in the impaired health
professional program;
' (b) Has been diagnosed with alcohol or substance abuse or a
mental health disorder; or
' (c) Used controlled substances before entry into the impaired
health professional program, if the licensee did not practice
while impaired. + }
' { + SECTION 1b. + } { + (1) The Department of Human
Services shall establish or contract to establish an impaired
health professional program. The program must:
' (a) Enroll licensees of participating health profession
licensing boards who have been diagnosed with alcohol or
substance abuse or a mental health disorder;
' (b) Require that a licensee sign a written consent prior to
enrollment in the program allowing disclosure and exchange of
information between the program, the licensee's board, the
licensee's employer, evaluators and treatment entities in
compliance with 42 C.F.R. part 2;
' (c) Enter into diversion agreements with enrolled licensees;
' (d) Assess and evaluate compliance with diversion agreements
by enrolled licensees;
' (e) Assess the ability of an enrolled licensee's employer to
supervise the licensee and require an enrolled licensee's
employer to establish minimum training requirements for
supervisors of enrolled licensees;
' (f) Report substantial noncompliance with a diversion
agreement to the monitoring entity established under section 1c
of this 2009 Act within one business day after the program learns
of the substantial noncompliance, including but not limited to
information that a licensee:
' (A) Engaged in criminal behavior;
' (B) Engaged in conduct that caused injury, death or harm to
the public, including engaging in sexual impropriety with a
patient;
' (C) Was impaired in a health care setting in the course of
the licensee's employment;
' (D) Received a positive toxicology test result as determined
by federal regulations pertaining to drug testing;
' (E) Violated a restriction on the licensee's practice imposed
by the program or the licensee's board;
' (F) Was admitted to the hospital for mental illness or
adjudged to be mentally incompetent;
' (G) Entered into a diversion agreement, but failed to
participate in the program; or
' (H) Was referred to the program but failed to enroll in the
program; and
' (g) At least weekly, submit a list of licensees who are
enrolled in the program and a list of licensees who successfully
complete the program to the monitoring entity established under
section 1c of this 2009 Act.
' (2) When the program reports noncompliance to the monitoring
entity, the report must include:
' (a) A description of the noncompliance;
' (b) A copy of a report from the independent third party who
diagnosed the licensee under section 1a (2)(a) of this 2009 Act
or subsection (5)(a) of this section stating the licensee's
diagnosis;
' (c) A copy of the licensee's diversion agreement; and
' (d) The licensee's employment status.
' (3) The program may not diagnose or treat licensees enrolled
in the program.
' (4) The diversion agreement required by subsection (1) of
this section must:
' (a) Require the licensee to consent to disclosure and
exchange of information between the program, the licensee's
board, the licensee's employer, evaluators and treatment
providers, in compliance with 42 C.F.R. part 2;
' (b) Require that the licensee comply continuously with the
agreement for at least two years to successfully complete the
program;
' (c) Require that the licensee abstain from mind-altering or
intoxicating substances or potentially addictive drugs, unless
the drug is prescribed for a documented medical condition by a
person authorized by law and approved by the program to prescribe
the drug to the licensee;
' (d) Require the licensee to report use of mind-altering or
intoxicating substances or potentially addictive drugs within 24
hours;
' (e) Require the licensee to agree to participate in a
treatment plan approved by a third party;
' (f) Contain limits on the licensee's practice of the
licensee's health profession;
' (g) Provide for employer monitoring of the licensee;
' (h) Provide that the program may require an evaluation of the
licensee's fitness to practice before removing the limits on the
licensee's practice of the licensee's health profession;
' (i) Require the licensee to submit to random drug or alcohol
testing in accordance with federal regulations;
' (j) Require the licensee to report at least weekly to the
program regarding the licensee's compliance with the agreement;
' (k) Require the licensee to report arrests, applications for
licensure in other states, changes in employment and changes in
practice setting; and
' (L) Provide that the licensee is responsible for the cost of
evaluations, toxicology testing and treatment.
' (5) A licensee of a board participating in the program may
self-refer to the program. Before a self-referred licensee is
enrolled in the program, the program shall:
' (a) Require that an independent third party approved by the
licensee's board to evaluate alcohol or substance abuse or mental
health disorders has diagnosed the licensee with alcohol or
substance abuse or a mental health disorder;
' (b) Require the licensee to attest that the licensee is not
under investigation by the licensee's board; and
' (c) Investigate to determine whether the licensee's practice
while impaired has presented or presents a danger to the public.
' (6) The department shall adopt rules establishing a fee to be
paid by the boards participating in the impaired health
professional program for administration of the program.
' (7) The department shall arrange for an independent third
party to audit the program to ensure compliance with program
guidelines. The department shall report the results of the audit
to the Legislative Assembly, the Governor and the health
profession licensing boards. The report may not contain
individually identifiable information about licensees.
' (8) The department may adopt rules to carry out this
section. + }
' { + SECTION 1c. + } { + (1) The Oregon Department of
Administrative Services shall establish a monitoring entity for
impaired professionals. The monitoring entity shall:
' (a) Compare the weekly lists submitted by the impaired health
professional program under section 1b of this 2009 Act to
determine if any enrollees are no longer participating in the
impaired health professional program; and
' (b) Report to a health profession licensing board when:
' (A) The monitoring entity receives a report from the impaired
health professional program established under section 1b of this
2009 Act that a licensee is substantially noncompliant with the
licensee's diversion agreement;
' (B) Comparison of the weekly lists submitted by the impaired
health professional program under section 1b of this 2009 Act
shows that a licensee is no longer participating in the impaired
health professional program; and
' (C) The monitoring entity receives a report from the impaired
health professional program under section 1b of this 2009 Act
that a licensee referred by the board has completed the impaired
health professional program.
' (2) The monitoring entity may not have any contact with a
licensee and has no discretion in deciding whether to make a
report required under this section.
' (3) If a licensee self-refers to the impaired health
professional program, the monitoring entity may not report the
licensee's enrollment or successful completion of the impaired
health professional program to the licensee's board.
' (4) The department shall arrange for an independent third
party to audit the monitoring entity to ensure compliance with
program guidelines. The department shall report the results of
the audit to the Legislative Assembly, the Governor and the
health profession licensing boards. The report may not contain
individually identifiable information about licensees.
' (5) The department may adopt rules assessing fees to health
profession licensing boards participating in the program for the
costs of administering the monitoring entity. + } ' .
On page 6, delete lines 8 through 29 and insert:
' { + SECTION 7. + } 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 - } { + Persons licensed to practice
nursing + } who elect not to participate in the { - voluntary
monitoring program - } { + impaired health professional program
established under section 1b of this 2009 Act + } or who fail to
comply with the terms of participation shall be reported to the
board for formal disciplinary action under ORS 678.111.'.
On page 8, lines 31 and 32, delete the boldfaced material and
insert 'Referral to the impaired health professional program
established under section 1b of this 2009 Act'.
On page 9, after line 42, insert:
' { + SECTION 12. + } { + The Department of Human Services
shall report on the impaired health professional program
established under section 1b of this 2009 Act to the Governor, to
the Legislative Assembly as provided in ORS 192.245 and to health
profession licensing boards as defined in section 1 of this 2009
Act on or before January 31, 2011.'. + }
In line 43, delete '12' and insert '13'.
In line 45, delete '13' and insert '14' and delete ' Section 1'
and insert 'Sections 1 to 1c'.
On page 10, line 3, delete '12' and insert '13'.
In line 6, delete 'January' and insert 'July'.
In line 8, delete 'January' and insert 'July'.
In line 9, delete 'January' and insert 'July'.
In line 10, delete '14' and insert '15' and delete ' Section 1'
and insert 'Sections 1 to 1c'.
In line 13, delete '12' and insert '13'.
In line 14, delete 'January' and insert 'July'.
After line 19, insert:
' { + SECTION 16. + } { + Section 12 of this 2009 Act is
repealed on January 2, 2012.'. + }
In line 20, delete '15' and insert '17'.
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