The contractor shall:

1. (1) Inform the licensee about the program services, requirements, benefits, risks, and confidentiality limitations and ensure that the licensee has signed a consent for services. The consent for services explains:

   1. (a) Information the contractor will give to the board and under what circumstances;
   2. (b) That the board may take action to suspend, restrict, modify, or revoke the licensee’s license or end the licensee’s participation in the program based on information from the contractor.
2. (2) Enter into a monitoring agreement with the licensee;
3. (3) Assess the licensee’s compliance with his or her monitoring agreement;
4. (4) Assess the ability of the licensee’s employer, when an employer exists to supervise the licensee, and require the employer to establish minimum training requirements for the licensee’s supervisor;
5. (5) Report the licensee’s substantial noncompliance with his or her monitoring agreement to a noncompliant licensee’s board within one business day after the contractor learns of any substantial noncompliance; and

6. (6) At least weekly, submit to licensees’ boards:

   1. (a) A list of licensees who were referred to the program by the health profession licensing board and who are enrolled in the program; and
   2. (b) A list of licensees who were referred to the program by the health profession licensing board and who successfully completed the program.
7. (7) The lists submitted under section 6 (a) (b) are exempt from disclosure as a pubic record under ORS 192.140 to 192.505.

8. (8) Seek a court order authorizing the contractor to release identifying information to a licensee’s board, including a report of substantial noncompliance as is described in OAR 415-065-0060, if a self-referred licensee enrolled in the program, or a provisionally enrolled licensee with a qualifying diagnosis, revokes his or her consent to report substantial noncompliance to the licensee’s board.

   1. (a) The contractor shall file documents with the court seeking a court order as soon as possible but no later than three business days from the date it was notified that the licensee revoked consent to report substantial noncompliance.
   2. (b) The contractor shall comply with 42 USC & 290dd-2(b)(2); 42 CFR Part 2; the Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191, 45 CFR Parts 160, 162 and 164 and ORS 179.505, ORS 192.518–192.524 in seeking such a court order.
   3. (c) The contractor shall disclose to the licensee’s board, within one (1) business day, any information the court authorizes it to disclose.

Statutory/Other Authority

ORS 413.042 & 676.190

Statutes/Other Implemented

ORS 676.185 - 676.200

History

ADS 2-2014, f. & cert. ef. 4-24-14
ADS 7-2013(Temp), f. & cert. ef. 11-8-13 thru 5-7-14
ADS 3-2012, f. 6-27-12, cert. ef. 7-1-12
ADS 2-2012, f. & cert. ef. 2-9-122
ADS 3-2011, f. & cert. ef. 8-16-11
ADS 1-2011(Temp), f. & cert. ef. 2-11-11 thru 8-5-11
ADS 3-2010, f. & cert. ef. 7-1-10