75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1153
A-Engrossed
House Bill 2345
Ordered by the House May 1
Including House Amendments dated May 1
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Health Care)
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.
{ - Requires health profession licensing boards to develop
process for dealing with impaired professionals. Establishes
uniform standards for monitoring impaired professionals. Directs
health profession licensing boards to impose sanctions on
impaired professionals. - }
{ + Directs Department of Human Services to establish or
contract to establish impaired health professional program.
Specifies components of program.
Directs Oregon Department of Administrative Services to
establish monitoring entity for impaired professionals. Specifies
duties of monitoring entity.
Authorizes health profession licensing boards to participate in
impaired health professional program. Specifies procedures by
which board may refer licensee to program. Prohibits boards from
establishing alternate impaired health professional programs.
Requires Department of Human Services to report on program to
Governor, Legislative Assembly and health profession licensing
boards on or before January 31, 2011. + }
Deletes existing impaired professional programs of health
profession licensing boards.
Applies to licensees identified by health profession licensing
boards, and disciplinary proceedings commenced, on or after
{ - January - } { + July + } 1, 2010.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to impaired health professionals; creating new
provisions; amending ORS 192.690, 675.410, 675.510, 675.583,
675.600, 675.785, 678.112, 678.410, 684.010 and 687.081;
repealing ORS 677.615, 677.625, 677.635, 677.645, 677.655,
677.665, 677.677, 684.103, 684.157, 689.342, 689.344, 689.346,
689.348, 689.352, 689.354 and 689.356; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon: + }
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. + }
SECTION 2. ORS 675.410 is amended to read:
675.410. (1) The Oregon Health Licensing Agency shall:
(a) Issue certifications to persons determined by the agency to
be qualified.
(b) Make all disbursements necessary to carry out the
provisions of ORS 675.360 to 675.410.
(c) Maintain a registry of all current certified sex offender
therapists. The registry shall be made available to the public
online.
(d) Keep a record of its proceedings related to the issuance,
refusal, suspension and revocation of certifications issued under
ORS 675.360 to 675.380.
{ - (e) Approve or sanction programs for impaired
professionals to assist any certified sex offender therapist to
regain or retain certification and shall impose the requirement
of participation in the program as a condition to reissuance or
retention of certification. - }
{ - (f) - } { + (e) + } In consultation with the Sex
Offender Treatment Board, create a multidisciplinary advisory
committee within the board. Persons who are not board members may
be appointed as nonvoting members to serve on the
multidisciplinary advisory committee with the approval of the
board.
(2) The agency may:
(a) Deny, suspend, revoke or refuse to issue or renew any
certification issued under ORS 675.360 to 675.380.
(b) Provide for waivers of examinations, grandfathering
requirements and temporary certifications as considered
appropriate.
(c) In consultation with the Sex Offender Treatment Board,
create any committees within the board as deemed necessary.
Persons who are not board members may be appointed as nonvoting
members to serve on the committees with the approval of the
board.
SECTION 3. ORS 675.510 is amended to read:
675.510. As used in ORS 675.510 to 675.600, unless the context
requires otherwise:
(1) 'Board' means the State Board of Clinical Social Workers.
(2) 'Clinical social work' means the professional practice of
applying principles and methods with individuals, couples,
families, children and groups, which include, but are not
restricted to:
(a) Providing diagnostic, preventive and treatment services of
a psychosocial nature pertaining to personality adjustment,
behavior problems, interpersonal dysfunctioning or
deinstitutionalization;
(b) Developing a psychotherapeutic relationship to employ a
series of problem solving techniques for the purpose of removing,
modifying, or retarding disrupted patterns of behavior, and for
promoting positive personality growth and development;
(c) Counseling and the use of psychotherapeutic techniques,
such as disciplined interviewing which is supportive, directive
or insight oriented depending upon diagnosed problems,
observation and feedback, systematic analysis, and
recommendations;
(d) Modifying internal and external conditions that affect a
client's behavior, emotions, thinking, or intrapersonal
processes;
(e) Explaining and interpreting the psychosocial dynamics of
human behavior to facilitate problem solving; and
(f) Supervising, administering or teaching clinical social work
practice.
(3) 'Clinical social work associate' means a person who holds a
master's degree from an accredited college or university
accredited by the Council on Social Work Education whose plan of
practice and supervision has been approved by the board, and who
is working toward licensure in accordance with ORS 675.510 to
675.600 and rules adopted by the board.
{ - (4) 'Impaired clinical social worker' means a person
unable to perform the practice of clinical social work by reason
of mental illness, physical illness or alcohol or other drug
abuse. - }
{ - (5) - } { + (4) + } 'Licensed clinical social worker'
means a person licensed under the provisions of ORS 675.510 to
675.600 to practice clinical social work.
{ - (6) - } { + (5) + } 'Unprofessional conduct' includes,
but is not limited to, any conduct or practice contrary to
recognized standards of ethics of the social work profession or
any conduct that constitutes or might constitute a danger to the
health or safety of a client or the public or in any other manner
fails or might fail to adhere to the recognized standards of the
profession.
SECTION 4. ORS 675.583 is amended to read:
675.583. (1) A licensed clinical social worker shall report to
the State Board of Clinical Social Workers any information the
licensed clinical social worker has that appears to show that a
licensed clinical social worker is or may be an impaired
{ - clinical social worker - } { + professional as defined in
section 1 of this 2009 Act + }, or may be guilty of
unprofessional conduct according to the guidelines of the code of
ethics, to the extent that disclosure does not conflict with the
requirements of ORS 675.580.
(2) Any information that the board obtains pursuant to
subsection (1) of this section is confidential as provided under
ORS 676.175.
(3) Any person who reports or provides information to the board
under subsection (1) of this section in good faith
{ - shall - } { + may + } not be subject to an action for civil
damages as a result
{ - thereof - } { + of reporting or providing information to
the board + }.
SECTION 5. ORS 675.600 is amended to read:
675.600. (1) The State Board of Clinical Social Workers shall:
(a) Pursuant to ORS chapter 183, { - make - } { + adopt + }
rules necessary to carry out the provisions of ORS 675.510 to
675.600;
(b) Publish annually a list of the names and addresses of all
persons who have been certified or licensed under ORS 675.510 to
675.600;
{ - (c) Establish a program for impaired clinical social
workers to assist licensed clinical social workers to regain or
retain their certification or licensure and impose the
requirement of participation as a condition to reissuance or
retention of the certificate or license; - }
{ - (d) - } { + (c) + } Establish a voluntary arbitration
procedure that may be invoked with the consent of clients and the
licensed clinical social workers whereby disputes between clients
and workers may be resolved; and
{ - (e) - } { + (d) + } Report to the Legislative Assembly
on its activities regarding the certification or licensure of
clinical social workers during the preceding biennium.
(2) The board may appoint an administrator who shall not be a
member of the board. The board shall fix the compensation for the
administrator.
SECTION 6. ORS 675.785 is amended to read:
675.785. The Oregon Board of Licensed Professional Counselors
and Therapists has the following powers:
(1) In accordance with the applicable provisions of ORS chapter
183, the board shall adopt rules necessary for the administration
of the laws the board is charged with administering.
(2) Subject to any applicable provisions of the State Personnel
Relations Law, the board may appoint, prescribe the duties and
fix the compensation of an administrator and other employees of
the board necessary to carry out the duties of the board.
(3) The board may impose nonrefundable fees in an amount set by
rule for the following:
(a) License application.
(b) First issuance of a license.
(c) Renewal of a license.
(d) Late filing of a license renewal.
(e) Renewal of registration as an intern.
(f) Examinations. Examination fees shall not exceed the costs
incurred in administering the particular examination. Fees
established under this subsection are subject to prior approval
of the Oregon Department of Administrative Services and a report
to the Emergency Board prior to adopting the fees and shall be
within the budget authorized by the Legislative Assembly as that
budget may be modified by the Emergency Board.
(4) The board shall:
(a) Maintain a register of all current licensed professional
counselors and marriage and family therapists.
(b) Annually publish a directory listing all current licensed
professional counselors and marriage and family therapists. The
directory shall be available to the public, for which the board
may collect a publication fee.
(5) The board shall:
(a) Investigate alleged violations of the provisions of ORS
675.715 to 675.835 or rules adopted under authority of the board.
(b) Establish procedures to review the complaints of clients of
licensees of the board. Upon receipt of a complaint under ORS
675.715 to 675.835 against any licensed or unlicensed person, the
board shall conduct an investigation as described under ORS
676.165.
(6) The board shall report to the Legislative Assembly
concerning the activities of the board during the preceding
biennium.
(7) The board shall form standards committees to establish,
examine and pass on the qualifications of applicants to practice
professional counseling or marriage and family therapy in this
state. The standards committee for professional counselors shall
be made up of the professional counselors on the board, the
faculty member and the public member. The standards committee for
marriage and family therapists shall be made up of the marriage
and family members of the board, the faculty member and the
public member.
(8) The board shall grant licenses to applicants who qualify to
practice professional counseling or marriage and family therapy
in this state upon compliance with ORS 675.715 to 675.835 and the
rules of the board.
(9) The board may administer oaths, take depositions, defray
legal expenses and issue subpoenas to compel the attendance of
witnesses and the production of documents or written information
necessary to carry out ORS 675.715 to 675.835.
(10) The board may adopt a seal to be affixed to all licenses.
(11) The board shall adopt a code of ethics for licensees. The
board may use the ethical codes of professional counseling and
marriage and family therapy associations as models for the code
established by the board.
(12) The board may set academic and training standards
necessary under ORS 675.715 to 675.835, including, but not
limited to, the adoption of rules to establish semester hour
equivalents for qualification for licensing where quarter hours
are required under ORS 675.715 to 675.835.
(13) The board shall require the applicant for a professional
counselor license or a marriage and family therapy license to
receive a passing score on an examination of competency in
counseling or marriage and family therapy. The examination may be
the examination given nationally to certify counselors, or in the
case of marriage and family therapy, the examination approved by
the Association of Marital and Family Therapy Regulatory Boards.
(14) The standards committee shall establish standards and
requirements for continuing education and supervision, as
appropriate. { - The standards and requirements shall be in
effect July 1, 1992. - }
{ - (15) The board shall establish a program for licensees
whose ability to perform professional counseling is impaired to
assist those licensees in regaining or retaining their licensure
and shall impose the requirement of participation as a condition
to reissuance or retention of the license. - }
{ - (16) - } { + (15) + } For the purpose of requesting a
state or nationwide criminal records check under ORS 181.534, the
board may require the fingerprints of a person who is:
(a) Applying for a license that is issued by the board;
(b) Applying for renewal of a license that is issued by the
board; or
(c) Under investigation by the board.
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.
SECTION 8. ORS 678.410 is amended to read:
678.410. (1) The Oregon State Board of Nursing may impose fees
for the following:
(a) License renewal.
(b) Examination.
(c) License by indorsement.
(d) Limited license.
(e) Examination proctor service.
(f) Duplicate license.
(g) Extension of limited license.
(h) Nurse practitioner certificate.
(i) Reexamination for licensure.
(j) Delinquent fee.
(k) Renewal fee nurse practitioner.
(L) Verification of a license of a nurse applying for license
by indorsement in another state.
(m) Certified nurse practitioner's initial application and
registration for writing prescriptions.
(n) Renewal of certified nurse practitioner's application for
writing prescriptions.
(o) Approval of training program for nursing assistants.
(p) Issuance, renewal and delinquency of a nursing assistant
certificate.
{ - (q) Voluntary monitoring program for chemical dependency
or an emotional or physical problem. - }
{ - (r) - } { + (q) + } Clinical nurse specialist
certification established pursuant to ORS 678.370.
{ - (s) - } { + (r) + } Clinical nurse specialist's initial
application for prescriptive authority.
{ - (t) - } { + (s) + } Renewal of clinical nurse
specialist's application for prescriptive authority.
{ - (u) - } { + (t) + } Inactive license or certificate.
{ - (v) - } { + (u) + } Retired license or certificate.
{ - (w) - } { + (v) + } Nationwide criminal records check.
(2) Fees are nonrefundable.
(3) Subject to prior approval of 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 regulatory program of the board pertaining to
the purpose for which the fee or charge is established, as
authorized by the Legislative Assembly within the board's budget,
as the budget may be modified by the Emergency Board. If federal
or other funds are available to offset costs of administering the
program, fees shall be established based on net costs to the
state but not to exceed $75 per biennium for the certification
fee under subsection (1)(p) of this section.
SECTION 9. ORS 684.010 is amended to read:
684.010. As used in this chapter:
(1) 'Active senior' means a person who:
(a) Is licensed under ORS 684.054;
(b) Is at least 60 years of age; and
(c) Has been in practice for 25 years or more.
(2) 'Chiropractic' is defined as:
(a) That system of adjusting with the hands the articulations
of the bony framework of the human body, and the employment and
practice of physiotherapy, electrotherapy, hydrotherapy and minor
surgery.
(b) The chiropractic diagnosis, treatment and prevention of
body dysfunction; correction, maintenance of the structural and
functional integrity of the neuro-musculoskeletal system and the
effects thereof or interferences therewith by the utilization of
all recognized and accepted chiropractic diagnostic procedures
and the employment of all rational therapeutic measures as taught
in approved chiropractic colleges.
(3) 'Chiropractic physician' means a person licensed by ORS
677.060, 684.025, 684.100, 684.155 or 688.010 to 688.201 and this
section as an attending physician.
(4) 'Drugs' means all medicines and preparations and all
substances, except over-the-counter nonprescription substances,
food, water and nutritional supplements taken orally, used or
intended to be used for the diagnosis, cure, treatment,
mitigation or prevention of diseases or abnormalities of humans,
which are recognized in the latest editions of the official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia,
official National Formulary, or any supplement to any of them, or
otherwise established as drugs.
{ - (5) 'Impaired chiropractic physician' means a
chiropractic physician unable to practice chiropractic with
reasonable skill and safety by reason of habitual or excessive
use or abuse of drugs, alcohol or other substances that impair
ability. - }
{ - (6) - } { + (5) + } 'Minor surgery' means the use of
electrical or other methods for the surgical repair and care
incident thereto of superficial lacerations and abrasions, benign
superficial lesions, and the removal of foreign bodies located in
the superficial structures; and the use of antiseptics and local
anesthetics in connection therewith.
SECTION 10. ORS 687.081 is amended to read:
687.081. (1) The State Board of Massage Therapists may
discipline a licensee, deny, suspend, revoke or refuse to renew a
license, issue a reprimand, censure a licensee or place a
licensee on probation if the licensee:
(a) Has violated any provision of ORS 687.011 to 687.250,
687.895 and 687.991 or any rule of the board adopted under ORS
687.121.
(b) Has made any false representation or statement to the board
in order to induce or prevent action by the board.
(c) Has a physical or mental condition that makes the licensee
unable to conduct safely the practice of massage.
(d) Is habitually intemperate in the use of alcoholic beverages
or is addicted to the use of habit-forming drugs or controlled
substances.
(e) Has misrepresented to any patron any services rendered.
(f) Has been convicted of a crime that bears a demonstrable
relationship to the practice of massage.
(g) Fails to meet with any requirement under ORS 687.051.
(h) Violates any provision of ORS 167.002 to 167.027.
(i) Engages in unprofessional or dishonorable conduct.
(j) Has been the subject of disciplinary action as a massage
therapist by any other state or territory of the United States or
by a foreign country and the board determines that the cause of
the disciplinary action would be a violation under ORS 687.011 to
687.250, 687.895 and 687.991 or rules of the board if it occurred
in this state.
(2) If the board places a licensee on probation pursuant to
subsection (1) of this section, the board may impose and at any
time modify the following conditions of probation:
(a) Limitation on the allowed scope of practice.
(b) { - If the board finds that the licensee is physically or
mentally impaired, a requirement for successful completion of
appropriate treatment as determined by the board - } { +
Referral to the impaired health professional program established
under section 1b of this 2009 Act + }.
(c) Individual or peer supervision.
(d) Such other conditions as the board may { - deem - }
{ + consider + } necessary for the protection of the public and
the rehabilitation of the licensee.
(3) If the board determines that a licensee's continued
practice constitutes a serious danger to the public, the board
may impose an emergency suspension of the license without a
hearing. Simultaneous with the order of suspension, the board
shall institute proceedings for a hearing as provided under ORS
687.011 to 687.250, 687.895 and 687.991. The suspension shall
continue unless and until the licensee obtains injunctive relief
from a court of competent jurisdiction or the board determines
that the suspension is no longer necessary for the protection of
the public.
(4) In addition to the discipline described in subsection (1)
of this section, the board may impose a civil penalty as provided
under ORS 687.250. Civil penalties under this subsection shall be
imposed pursuant to ORS 183.745.
(5) Prior to imposing any of the sanctions authorized under
this section, the board shall consider, but is not limited to,
the following factors:
(a) The person's past history in observing the provisions of
ORS 687.011 to 687.250, 687.895 and 687.991 and the rules adopted
pursuant thereto;
(b) The effect of the violation on public safety and welfare;
(c) The degree to which the action subject to sanction violates
professional ethics and standards of practice;
(d) The economic and financial condition of the person subject
to sanction; and
(e) Any mitigating factors that the board may choose to
consider.
(6) In addition to the sanctions authorized by this section,
the board may assess against a licensee the costs associated with
the disciplinary action taken against the licensee.
(7) The board shall adopt a code of ethical standards for
practitioners of massage and shall take appropriate measures to
ensure that all applicants and practitioners of massage are aware
of those standards.
(8) Upon receipt of a complaint under ORS 687.011 to 687.250,
687.895 and 687.991, the board shall conduct an investigation as
described under ORS 676.165.
(9) Information that the board obtains as part of an
investigation into licensee or applicant conduct or as part of a
contested case proceeding, consent order or stipulated agreement
involving licensee or applicant conduct is confidential as
provided under ORS 676.175.
SECTION 11. ORS 192.690, as amended by section 8, chapter 796,
Oregon Laws 2007, 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 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. + }
SECTION 13. { + ORS 677.615, 677.625, 677.635, 677.645,
677.655, 677.665, 677.677, 684.103, 684.157, 689.342, 689.344,
689.346, 689.348, 689.352, 689.354 and 689.356 are repealed. + }
SECTION 14. { + Sections 1 to 1c of this 2009 Act, the
amendments to ORS 192.690, 675.410, 675.510, 675.583, 675.600,
675.785, 678.112, 678.410, 684.010 and 687.081 by sections 2 to
11 of this 2009 Act and the repeal of ORS 677.615, 677.625,
677.635, 677.645, 677.655, 677.665, 677.677, 684.103, 684.157,
689.342, 689.344, 689.346, 689.348, 689.352, 689.354 and 689.356
by section 13 of this 2009 Act apply to:
(1) A licensee who is the subject of a complaint filed with a
health profession licensing board on or after July 1, 2010;
(2) A licensee about whom a board receives information that the
licensee may be impaired on or after July 1, 2010; and
(3) A disciplinary proceeding commenced on or after July 1,
2010. + }
SECTION 15. { + (1) Sections 1 to 1c of this 2009 Act, the
amendments to ORS 192.690, 675.410, 675.510, 675.583, 675.600,
675.785, 678.112, 678.410, 684.010 and 687.081 by sections 2 to
11 of this 2009 Act and the repeal of ORS 677.615, 677.625,
677.635, 677.645, 677.655, 677.665, 677.677, 684.103, 684.157,
689.342, 689.344, 689.346, 689.348, 689.352, 689.354 and 689.356
by section 13 of this 2009 Act become operative July 1, 2010.
(2) A health profession licensing board as defined in section 1
of this 2009 Act may take any action before the operative date
specified in subsection (1) of this section that is necessary to
enable the board to exercise, on and after the operative date
specified in subsection (1) of this section, all the duties,
functions and powers conferred on the board by this 2009 Act. + }
SECTION 16. { + Section 12 of this 2009 Act is repealed on
January 2, 2012. + }
SECTION 17. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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