75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2345
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Health Care)
CHAPTER ................
AN ACT
Relating to impaired health professionals; creating new
provisions; amending ORS 179.505, 192.690, 675.410, 675.510,
675.583, 675.600, 675.785, 678.112, 678.410, 684.010 and
687.081 and section 50, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 177); 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
section 2, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill
177); 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
Enrolled House Bill 2345 (HB 2345-C) Page 1
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 has agreed to report any arrest for or
conviction of a misdemeanor or felony crime to the board within
three business days after the licensee is arrested or convicted.
(3) 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.
(4) 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
monitoring entity established under section 1c of this 2009 Act,
the licensee's employer, evaluators and treatment entities in
compliance with ORS 179.505 and 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;
Enrolled House Bill 2345 (HB 2345-C) Page 2
(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
monitoring entity established under section 1c of this 2009 Act,
the licensee's employer, evaluators and treatment providers, in
compliance with ORS 179.505 and 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) Based on an individualized assessment, require that the
licensee abstain from mind-altering or intoxicating substances or
potentially addictive drugs, unless the drug is approved by the
program and prescribed for a documented medical condition by a
person authorized by law 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 any arrest for or conviction
of a misdemeanor or felony crime to the program within three
business days after the licensee is arrested or convicted;
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(L) Require the licensee to report applications for licensure
in other states, changes in employment and changes in practice
setting; and
(m) Provide that the licensee is responsible for the cost of
evaluations, toxicology testing and treatment.
(5)(a) A licensee of a board participating in the program may
self-refer to the program.
(b) The program shall require the licensee to attest that the
licensee is not, to the best of the licensee's knowledge, under
investigation by the licensee's board. The program shall enroll
the licensee on the date on which the licensee attests that the
licensee, to the best of the licensee's knowledge, is not under
investigation by the licensee's board.
(c) When a licensee self-refers to 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 evaluate the licensee for alcohol or substance
abuse or mental health disorders; and
(B) 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 Department of Human Services shall
contract with an independent third party to 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) The weekly lists submitted by the impaired health
professional program under section 1b of this 2009 Act are exempt
from disclosure under public records law.
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(4) 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.
(5) 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.
(6) 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;
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(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;
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(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.
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(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. - }
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{ - (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
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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.
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(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.
Enrolled House Bill 2345 (HB 2345-C) Page 11
(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. ORS 179.505 is amended to read:
179.505. (1) As used in this section:
(a) 'Disclosure' means the release of, transfer of, provision
of access to or divulgence in any other manner of information
outside the health care services provider holding the
information.
(b) 'Health care services provider' means:
(A) Medical personnel or other staff employed by or under
contract with a public provider to provide health care or
maintain written accounts of health care provided to individuals;
or
Enrolled House Bill 2345 (HB 2345-C) Page 12
(B) Units, programs or services designated, operated or
maintained by a public provider to provide health care or
maintain written accounts of health care provided to individuals.
(c) 'Individually identifiable health information' means any
health information that is:
(A) Created or received by a health care services provider; and
(B) Identifiable to an individual, including demographic
information that identifies the individual, or for which there is
a reasonable basis to believe the information can be used to
identify an individual, and that relates to:
(i) The past, present or future physical or mental health or
condition of an individual;
(ii) The provision of health care to an individual; or
(iii) The past, present or future payment for the provision of
health care to an individual.
(d) 'Personal representative' includes but is not limited to:
(A) A person appointed as a guardian under ORS 125.305,
419B.370, 419C.481 or 419C.555 with authority to make medical and
health care decisions;
(B) A person appointed as a health care representative under
ORS 127.505 to 127.660 or a representative under ORS 127.700 to
127.737 to make health care decisions or mental health treatment
decisions; and
(C) A person appointed as a personal representative under ORS
chapter 113.
(e) 'Psychotherapy notes' means notes recorded in any medium:
(A) By a mental health professional, in the performance of the
official duties of the mental health professional;
(B) Documenting or analyzing the contents of conversation
during a counseling session; and
(C) That are maintained separately from the rest of the
individual's record.
(f) 'Psychotherapy notes' does not mean notes documenting:
(A) Medication prescription and monitoring;
(B) Counseling session start and stop times;
(C) Modalities and frequencies of treatment furnished;
(D) Results of clinical tests; or
(E) Any summary of the following items:
(i) Diagnosis;
(ii) Functional status;
(iii) Treatment plan;
(iv) Symptoms;
(v) Prognosis; or
(vi) Progress to date.
(g) 'Public provider' means:
(A) The state institutions for the care and treatment of
individuals with mental illness or developmental disabilities
operated by the Department of Human Services;
(B) Department of Corrections institutions as defined in ORS
421.005;
(C) A contractor of the Department of Human Services or the
Department of Corrections that provides health care to
individuals residing in a state institution operated by the
Department of Human Services or the Department of Corrections;
(D) A community mental health and developmental disabilities
program as described in ORS 430.610 to 430.695 and the public and
private entities with which it contracts to provide mental health
or developmental disabilities programs or services;
(E) A program or service provided under ORS 431.250, 431.375 to
431.385 or 431.416;
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(F) A program or service licensed, approved, established,
maintained or operated by or contracted with the Department of
Human Services under ORS 430.630 for individuals with
developmental disabilities and individuals with mental or
emotional disturbances;
(G) A program or facility providing an organized full-day or
part-day program of treatment that is licensed, approved,
established, maintained or operated by or contracted with the
Department of Human Services for alcoholism, drug addiction or
mental or emotional disturbance; { - or - }
(H) A program or service providing treatment by appointment
that is licensed, approved, established, maintained or operated
by or contracted with the Department of Human Services for
alcoholism, drug addiction or mental or emotional disturbance
{ - . - } { + ; or
(I) The impaired health professional program established under
section 1b of this 2009 Act. + }
(h) 'Written account' means records containing only
individually identifiable health information.
(2) Except as provided in subsections (3), (4), (6), (7), (8),
(9), (11), (12), (14), (15), (16) and (17) of this section or
unless otherwise permitted or required by state or federal law or
by order of the court, written accounts of the individuals served
by any health care services provider maintained in or by the
health care services provider by the officers or employees
thereof who are authorized to maintain written accounts within
the official scope of their duties are not subject to access and
may not be disclosed. This subsection applies to written accounts
maintained in or by facilities of the Department of Corrections
only to the extent that the written accounts concern the medical,
dental or psychiatric treatment as patients of those under the
jurisdiction of the Department of Corrections.
(3) If the individual or a personal representative of the
individual provides an authorization, the content of any written
account referred to in subsection (2) of this section must be
disclosed accordingly, if the authorization is in writing and is
signed and dated by the individual or the personal representative
of the individual and sets forth with specificity the following:
(a) Name of the health care services provider authorized to
make the disclosure, except when the authorization is provided by
recipients of or applicants for public assistance to a
governmental entity for purposes of determining eligibility for
benefits or investigating for fraud;
(b) Name or title of the persons or organizations to which the
information is to be disclosed or that information may be
disclosed to the public;
(c) Name of the individual;
(d) Extent or nature of the information to be disclosed; and
(e) Statement that the authorization is subject to revocation
at any time except to the extent that action has been taken in
reliance thereon, and a specification of the date, event or
condition upon which it expires without express revocation.
However, a revocation of an authorization is not valid with
respect to inspection or records necessary to validate
expenditures by or on behalf of governmental entities.
(4) The content of any written account referred to in
subsection (2) of this section may be disclosed without an
authorization:
(a) To any person to the extent necessary to meet a medical
emergency.
Enrolled House Bill 2345 (HB 2345-C) Page 14
(b) At the discretion of the responsible officer of the health
care services provider, which in the case of any Department of
Human Services facility or community mental health and
developmental disabilities program shall be the Director of Human
Services, to persons engaged in scientific research, program
evaluation, peer review and fiscal audits. However, individual
identities may not be disclosed to such persons, except when the
disclosure is essential to the research, evaluation, review or
audit and is consistent with state and federal law.
(c) To governmental agencies when necessary to secure
compensation for services rendered in the treatment of the
individual.
(5) When an individual's identity is disclosed under subsection
(4) of this section, a health care services provider shall
prepare, and include in the permanent records of the health care
services provider, a written statement indicating the reasons for
the disclosure, the written accounts disclosed and the recipients
of the disclosure.
(6) The content of any written account referred to in
subsection (2) of this section and held by a health care services
provider currently engaged in the treatment of an individual may
be disclosed to officers or employees of that provider, its
agents or cooperating health care services providers who are
currently acting within the official scope of their duties to
evaluate treatment programs, to diagnose or treat or to assist in
diagnosing or treating an individual when the written account is
to be used in the course of diagnosing or treating the
individual. Nothing in this subsection prevents the transfer of
written accounts referred to in subsection (2) of this section
among health care services providers, the Department of Human
Services, the Department of Corrections or a local correctional
facility when the transfer is necessary or beneficial to the
treatment of an individual.
(7) When an action, suit, claim, arbitration or proceeding is
brought under ORS 34.105 to 34.240 or 34.310 to 34.730 and
involves a claim of constitutionally inadequate medical care,
diagnosis or treatment, or is brought under ORS 30.260 to 30.300
and involves the Department of Corrections or an institution
operated by the department, nothing in this section prohibits the
disclosure of any written account referred to in subsection (2)
of this section to the Department of Justice, Oregon Department
of Administrative Services, or their agents, upon request, or the
subsequent disclosure to a court, administrative hearings
officer, arbitrator or other administrative decision maker.
(8)(a) When an action, suit, claim, arbitration or proceeding
involves the Department of Human Services or an institution
operated by the department, nothing in this section prohibits the
disclosure of any written account referred to in subsection (2)
of this section to the Department of Justice, Oregon Department
of Administrative Services, or their agents.
(b) Disclosure of information in an action, suit, claim,
nonlabor arbitration or proceeding is limited by the relevancy
restrictions of ORS 40.010 to 40.585, 183.710 to 183.725, 183.745
and 183.750 and ORS chapter 183. Only written accounts of a
plaintiff, claimant or petitioner shall be disclosed under this
paragraph.
(c) Disclosure of information as part of a labor arbitration or
proceeding to support a personnel action taken against staff is
limited to written accounts directly relating to alleged action
or inaction by staff for which the personnel action was imposed.
Enrolled House Bill 2345 (HB 2345-C) Page 15
(9)(a) The copy of any written account referred to in
subsection (2) of this section, upon written request of the
individual or a personal representative of the individual, shall
be disclosed to the individual or the personal representative of
the individual within a reasonable time not to exceed five
working days. The individual or the personal representative of
the individual shall have the right to timely access to any
written accounts.
(b) If the disclosure of psychiatric or psychological
information contained in the written account would constitute an
immediate and grave detriment to the treatment of the individual,
disclosure may be denied, if medically contraindicated by the
treating physician or a licensed health care professional in the
written account of the individual.
(c) The Department of Corrections may withhold psychiatric or
psychological information if:
(A) The information relates to an individual other than the
individual seeking it.
(B) Disclosure of the information would constitute a danger to
another individual.
(C) Disclosure of the information would compromise the privacy
of a confidential source.
(d) However, a written statement of the denial under paragraph
(c) of this subsection and the reasons therefor must be entered
in the written account.
(10) A health care services provider may require a person
requesting disclosure of the contents of a written account under
this section to reimburse the provider for the reasonable costs
incurred in searching files, abstracting if requested and copying
if requested. However, an individual or a personal representative
of the individual may not be denied access to written accounts
concerning the individual because of inability to pay.
(11) A written account referred to in subsection (2) of this
section may not be used to initiate or substantiate any criminal,
civil, administrative, legislative or other proceedings conducted
by federal, state or local authorities against the individual or
to conduct any investigations of the individual. If the
individual, as a party to an action, suit or other judicial
proceeding, voluntarily produces evidence regarding an issue to
which a written account referred to in subsection (2) of this
section would be relevant, the contents of that written account
may be disclosed for use in the proceeding.
(12) Information obtained in the course of diagnosis,
evaluation or treatment of an individual that, in the
professional judgment of the health care services provider,
indicates a clear and immediate danger to others or to society
may be reported to the appropriate authority. A decision not to
disclose information under this subsection does not subject the
provider to any civil liability. Nothing in this subsection may
be construed to alter the provisions of ORS 146.750, 146.760,
419B.010, 419B.015, 419B.020, 419B.025, 419B.030, 419B.035,
419B.040 and 419B.045.
(13) The prohibitions of this section apply to written accounts
concerning any individual who has been treated by any health care
services provider irrespective of whether or when the individual
ceases to receive treatment.
(14) Persons other than the individual or the personal
representative of the individual who are granted access under
this section to the contents of a written account referred to in
subsection (2) of this section may not disclose the contents of
Enrolled House Bill 2345 (HB 2345-C) Page 16
the written account to any other person except in accordance with
the provisions of this section.
(15) Nothing in this section prevents the Department of Human
Services from disclosing the contents of written accounts in its
possession to individuals or agencies with whom children in its
custody are placed.
(16) The system described in ORS 192.517 (1) shall have access
to records, as defined in ORS 192.515, as provided in ORS
192.517.
(17)(a) Except as provided in paragraph (b) of this subsection,
a health care services provider must obtain an authorization from
an individual or a personal representative of the individual to
disclose psychotherapy notes.
(b) A health care services provider may use or disclose
psychotherapy notes without obtaining an authorization from the
individual or a personal representative of the individual to
carry out the following treatment, payment and health care
operations:
(A) Use by the originator of the psychotherapy notes for
treatment;
(B) Disclosure by the health care services provider for its own
training program in which students, trainees or practitioners in
mental health learn under supervision to practice or improve
their skills in group, joint, family or individual counseling; or
(C) Disclosure by the health care services provider to defend
itself in a legal action or other proceeding brought by the
individual or a personal representative of the individual.
(c) An authorization for the disclosure of psychotherapy notes
may not be combined with an authorization for a disclosure of any
other individually identifiable health information, but may be
combined with another authorization for a disclosure of
psychotherapy notes.
SECTION 13. { + 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 14. { + 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 15. { + If Senate Bill 177 becomes law, section 3 of
this 2009 Act (amending ORS 675.510) is repealed and ORS 675.510,
as amended by section 1, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 177), is amended to read: + }
675.510. As used in ORS 675.510 to 675.600, unless the context
requires otherwise:
(1) 'Authorization to practice regulated social work' means a
certificate or license issued by the State Board of Licensed
Social Workers under ORS 675.510 to 675.600.
(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,
Enrolled House Bill 2345 (HB 2345-C) Page 17
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) 'Impaired clinical social worker' means a person who
is unable to perform the practice of clinical social work by
reason of mental illness, physical illness or alcohol or other
drug abuse. - }
{ - (4) - } { + (3) + } 'Regulated social worker' means a
clinical social work associate certified under ORS 675.537 or a
clinical social worker licensed under ORS 675.530.
{ - (5) - } { + (4) + } '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 16. { + If Senate Bill 177 becomes law, section 2,
chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 177)
(amending ORS 675.510), is repealed and ORS 675.510, as amended
by section 1, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill
177), and section 15 of this 2009 Act, is amended to read: + }
675.510. As used in ORS 675.510 to 675.600, unless the context
requires otherwise:
(1) 'Authorization to practice regulated social work' means a
certificate or license issued by the State Board of Licensed
Social Workers under ORS 675.510 to 675.600.
(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
Enrolled House Bill 2345 (HB 2345-C) Page 18
(f) Supervising, administering or teaching clinical social work
practice.
(3) 'Regulated social worker' means a { + baccalaureate social
worker registered under section 6, chapter ___, Oregon Laws 2009
(Enrolled Senate Bill 177), a master's social worker licensed
under section 7, chapter ___, Oregon Laws 2009 (Enrolled Senate
Bill 177), a + } clinical social work associate certified under
ORS 675.537 or a clinical social worker licensed under ORS
675.530.
(4) '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 17. If Senate Bill 177 becomes law, section 50, chapter
___, Oregon Laws 2009 (Enrolled Senate Bill 177), is amended to
read:
{ + Sec. 50. + } Sections 4a, 6, 7, 12a and 12b { + , chapter
___, Oregon Laws 2009 (Enrolled Senate Bill 177), + } { - of
this 2009 Act - } and the amendments to ORS 675.510 and 675.530
by { + section 16 of this 2009 Act and section 9, chapter ___,
Oregon Laws 2009 (Enrolled Senate Bill 177), + } { - sections 2
and 9 of this 2009 Act - } become operative on January 1, 2011.
SECTION 18. { + If Senate Bill 177 becomes law and House Bill
2059 does not become law, section 4 of this 2009 Act (amending
ORS 675.583) is repealed and ORS 675.583, as amended by section
18, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 177), is
amended to read: + }
675.583. (1) A regulated social worker shall report to the
State Board of Licensed Social Workers any information the
regulated social worker has that appears to show that a regulated
social worker is or may be an impaired { - social worker - }
{ + professional as defined in section 1 of this 2009 Act + },
or may have engaged in 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) Notwithstanding ORS 676.175, any information that the board
obtains pursuant to subsection (1) of this section is
confidential and may not be disclosed except as provided by the
board by rule.
(3) A person who reports or provides information to the board
under subsection (1) of this section in good faith is not subject
to an action for civil damages as a result { - thereof - }
{ + of reporting or providing information to the board + }.
SECTION 19. { + If both House Bill 2059 and Senate Bill 177
become law, section 4 of this 2009 Act (amending ORS 675.583) is
repealed and ORS 675.583, as amended by section 18, chapter ___,
Oregon Laws 2009 (Enrolled Senate Bill 177), and section 38,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2059), is
amended to read: + }
675.583. (1) Unless state or federal laws relating to
confidentiality or the protection of health information prohibit
disclosure, a regulated social worker shall report to the State
Board of Licensed Social Workers any information the regulated
social worker has that appears to show that a regulated social
worker is or may be an impaired { - social worker - } { +
professional as defined in section 1 of this 2009 Act + }, or may
have engaged in unprofessional conduct according to the
Enrolled House Bill 2345 (HB 2345-C) Page 19
guidelines of the code of ethics, to the extent that disclosure
does not conflict with the requirements of ORS 675.580.
(2) A regulated social worker shall report any prohibited
conduct as defined in section 1 { + , chapter ___, Oregon Laws
2009 (Enrolled House Bill 2059), + } { - of this 2009 Act - }
in the manner provided in section 1 { + , chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2059) + } { - of this 2009
Act - } .
(3) Notwithstanding ORS 676.175, any information that the board
obtains pursuant to subsection (1) of this section is
confidential and may not be disclosed except as provided by the
board by rule.
(4) A person who reports or provides information to the board
under subsection (1) of this section in good faith is not subject
to an action for civil damages as a result { - thereof - }
{ + of reporting or providing information to the board + }.
SECTION 20. { + If Senate Bill 177 becomes law, section 5 of
this 2009 Act (amending ORS 675.600) is repealed and ORS 675.600,
as amended by section 23, chapter ___, Oregon Laws 2009 (Enrolled
Senate Bill 177), is amended to read: + }
675.600. (1) The State Board of Licensed 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 authorized to practice regulated social
work.
{ - (c) Establish a program for impaired social workers to
assist regulated social workers to regain or retain their
authorizations to practice regulated social work and impose the
requirement of participation as a condition to reissuance or
retention of the authorization. - }
{ - (d) - } { + (c) + } Establish a voluntary arbitration
procedure that may be invoked with the consent of clients and
regulated social workers whereby disputes between clients and
workers may be resolved.
{ - (e) - } { + (d) + } Report to the Legislative Assembly
on its activities regarding authorizations to practice regulated
social work during the preceding biennium.
(2) The board may appoint an administrator who may not be a
member of the board. The board shall fix the compensation for the
administrator.
{ - (3) Any information obtained by the board as part of the
impaired social workers program is confidential and may not be
disclosed except as provided by the board by rule. - }
SECTION 21. { + Sections 1 to 1c of this 2009 Act, the
amendments to ORS 179.505, 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 12, 15 and 18 to 20 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 14 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. + }
Enrolled House Bill 2345 (HB 2345-C) Page 20
SECTION 22. { + (1) Sections 1 to 1c of this 2009 Act, the
amendments to ORS 179.505, 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 12, 15 and 18 to 20 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 14 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.
(3) The Department of Human Services may take any action before
the operative date specified in subsection (1) of this section
that is necessary to enable the department to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
department by this 2009 Act. + }
SECTION 23. { + (1) Before the operative date specified in
section 22 of this 2009 Act, the Department of Human Services and
the health profession licensing boards that opt to participate in
the impaired health professional program established under
section 1b of this 2009 Act shall collaborate to transfer
existing impaired professional programs and funding, and
licensees who are subject to existing impaired professional
programs, to the impaired health professional program established
under section 1b of this 2009 Act.
(2) When a licensee is transferred to the impaired health
professional program established under section 1b of this 2009
Act pursuant to subsection (1) of this section, the program shall
honor the terms of the licensee's existing diversion agreement if
the terms of the agreement are consistent with the requirements
of section 1b of this 2009 Act. If the terms of the licensee's
existing diversion agreement are not consistent with the
requirements of section 1b of this 2009 Act, the diversion
agreement entered into by the program and the licensee must
comply with section 1b of this 2009 Act.
(3) When a licensee who self-referred to an impaired
professional program before the effective date of this 2009 Act
is transferred to the impaired health professional program
established under section 1b of this 2009 Act pursuant to
subsection (1) of this section:
(a) The program may not disclose the licensee's enrollment in
the program to the licensee's board unless the licensee:
(A) Ceases to participate in the program before completing the
program; or
(B) Engages in substantial noncompliance as described in
section 1b (1)(f)(A) to (H) of this 2009 Act.
(b) The program may not disclose the licensee's successful
completion of the program to the licensee's board. + }
SECTION 24. { + Section 13 of this 2009 Act is repealed on
January 2, 2012. + }
SECTION 25. { + 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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Enrolled House Bill 2345 (HB 2345-C) Page 21
Passed by House May 22, 2009
Repassed by House June 19, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 17, 2009
...........................................................
President of Senate
Enrolled House Bill 2345 (HB 2345-C) Page 22
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2345 (HB 2345-C) Page 23