1. (1) Providers and counselors must:

   1. (a) Determine eligibility and provide assistance in an objective manner not subject to any conditions other than those prescribed in these rules;
   2. (b) Fully inform the worker of the categories and kinds of vocational assistance under OAR 436-120 and re-employment assistance under OAR 436-110;
   3. (c) Document all case activities in legible file notes or reports;
   4. (d) Provide only vocationally relevant information about workers in written and oral reports;
   5. (e) Recommend workers only for suitable employment;
   6. (f) Fully inform the worker of the purpose and results of all testing and evaluations; and
   7. (g) Comply with generally accepted standards of conduct in the vocational rehabilitation profession.

2. (2) Providers and counselors may not:

   1. (a) Provide evaluations or assistance if there is a conflict of interest or prejudice concerning the worker;
   2. (b) Enter into any relationship with the worker to promote personal gain or the gain of a person or organization in which the provider or counselor has an interest;
   3. (c) Engage in or tolerate sexual harassment of a worker. “Sexual harassment” means deliberate or repeated comments, gestures, or physical contact of a sexual nature;
   4. (d) Violate any applicable state or federal civil rights law;
   5. (e) Commit fraud, misrepresent, or make a serious error or omission in connection with an application for registration or certification;
   6. (f) Commit fraud, misrepresent, or make a serious error or omission in connection with a report or return-to-work plan or the vocational assistance activities or responsibilities of a provider under OAR chapter 436;
   7. (g) Engage in collusion to withhold information, or submit false or misleading information relevant to the determination of eligibility or provision of vocational assistance;
   8. (h) Engage in collusion to violate these rules or other rules of the department;
   9. (i) Fail to comply with an order of the director to provide specific vocational assistance, except as provided in ORS 656.313; or
   10. (j) Instruct any individual to make decisions or engage in behavior that is contrary to the requirements of these rules.

Statutory/Other Authority

ORS 656.340(9) & 656.726(4)

Statutes/Other Implemented

ORS 656.313 & 656.340

History

WCD 15-2024, amend filed 06/07/2024, effective 07/01/2024
WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10
WCD 8-2007, f. 11-1-07, cert. ef. 12-1-07
WCD 3-2004, f. 3-5-04 cert. ef. 4-1-04
WCD 7-2002, f. 5-30-02, cert. ef. 7-1-02
WCD 6-2000, f. 4-27-00, cert. ef. 6-1-00
WCD 10-1994, f. 11-1-94, cert. ef. 1-1-95, Renumbered from 436-120-0207
WCD 11-1987, f. 12-17-87, ef. 1-1-88