The following definitions apply to OAR chapter 847, division 065, except as otherwise stated in the definition:

1. (1) “Assessment or evaluation” means the process an independent clinical evaluator uses to diagnose the licensee and to make treatment recommendations for the licensee.
2. (2) “Board” means the Oregon Medical Board.
3. (3) “Business day” means Monday through Friday, except legal holidays as defined in ORS 187.010 and ORS 187.020.
4. (4) “Contractor” means the entity that has contracted with the health profession licensing boards to administer the HPSP.
5. (5) “Diagnosis” means the principal mental health or substance use diagnosis listed in the current Diagnostic Statistical Manual (DSM). The diagnosis is determined through the assessment and any examinations, tests or consultations suggested by the assessment.
6. (6) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

7. (7) “Federal regulations” means:

   1. (a) As used in ORS 676.185(4)(d), a “positive toxicology test result as determined by federal regulations pertaining to drug testing” means a test result that meets or exceeds the cutoff concentrations shown in 49 CFR § 40.87 (2009); and
   2. (b) As used in Oregon Laws 2025, chapter 499, section 3(1)(d), “random drug or alcohol testing in accordance with federal regulations” means random selection by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with licensees’ unique identification numbers or other comparable identifying numbers. Under the selection process used, each covered licensee must have an equal chance of being tested each time selections are made, as described in 40 CFR § 199.105(c)(5) (2009). Random drug tests must be unannounced and the dates for administering random tests must be spread reasonably throughout the calendar year, as described in 40 CFR § 199.105(c)(7) (2009).
8. (8) “Fitness to practice evaluation” means the process a qualified, independent clinical evaluator uses to determine if the licensee can safely perform the essential functions of the licensee’s health practice.
9. (9) “Independent clinical evaluator” means an individual or center who is approved by the Board to evaluate, diagnose, and make treatment recommendations for substance use disorders and/or mental health disorders.
10. (10) “Licensee” means a licensed physician, podiatric physician, physician associate or acupuncturist who is licensed or certified by the Board.
11. (11) “Mental health disorder” means a clinically significant syndrome identified in the current DSM that is associated with disability or with significantly increased risk of disability.
12. (12) “Monitoring agreement” has the meaning given in ORS 676.185.
13. (13) “Positive toxicology test result” means a test result that meets or exceeds the cutoff concentrations shown in 49 CFR 40.87 (2009), a test result that shows other drugs or alcohol, or a test result that fails to show the appropriate presence of a currently prescribed drug that is part of a treatment program related to a condition being monitored by HPSP.
14. (14) “Provisional enrollment” means temporary enrollment, pending verification that a licensee meets all program eligibility criteria.
15. (15) “Self-referred licensee” means a licensee who seeks to participate in the program without a referral from the Board.
16. (16) “Substance use disorder” means a disorder related to the taking of a drug of abuse, including alcohol. This includes substance use disorders with modifiers of mild, moderate, or severe and substance-induced disorders, including but not limited to intoxication, withdrawal, and other substance/medication-induced mental health disorders (psychotic disorders, bipolar and related disorders, depressive disorders, anxiety disorders, obsessive-compulsive and related disorders, sleep disorders, sexual dysfunctions, delirium, and neurocognitive disorders), as defined in DSM-5 criteria.
17. (17) “Substantial non-compliance” occurs when a licensee is in violation of the terms of their monitoring agreement in a way that gives rise to concerns about the licensee’s ability or willingness to participate in the HPSP. Substantial non-compliance is further described in ORS 676.185(4). Conduct that occurred before a licensee entered into HPSP is not substantial non-compliance.
18. (18) “Toxicology testing” means urine testing or alternative chemical monitoring including blood, saliva, breath, nail, or hair as conducted by a laboratory certified, accredited or licensed and approved for toxicology testing.
19. (19) “Treatment” means the planned, specific, individualized health and behavioral-health procedures, activities, services and supports that a treatment provider uses to remediate symptoms of a substance use disorder and/or mental health disorder.
20. (20) “Workplace monitor” has the meaning given in ORS 676.185.

Statutory/Other Authority

ORS 676.190, 677.265 & 676.200

Statutes/Other Implemented

ORS 676.190, 676.185, 676.200, 676.194 & OL 2025 chapter 499, section 2-3

History

OMB 4-2026, amend filed 01/12/2026, effective 01/12/2026
OMB 17-2024, amend filed 10/10/2024, effective 10/10/2024
OMB 19-2022, amend filed 10/12/2022, effective 10/12/2022
OMB 38-2013, f. & cert. ef. 10-15-13
OMB 22-2013(Temp), f. 8-2-13, cert. ef. 8-3-13 thru 1-30-14
OMB 33-2012, f. & cert. ef. 10-22-12
OMB 17-2012(Temp), f. & cert. ef. 7-31-12 thru 1-15-13
OMB 9-2011, f. & cert. ef. 4-25-11
BME 20-2010, f. & cert. ef. 10-25-10
BME 15-2010(Temp), f. & cert. ef. 8-3-10 thru 1-18-11