1. (1) When the Board has information that a licensee may be impaired by alcohol or a substance abuse disorder or dependency, or a mental-health disorder, the Board may consider referring the licensee to the Program.

2. (2) Before the Board refers a licensee to the Program, the Board shall:

   1. (a) Obtain a copy of a written report that diagnoses the licensee with alcohol or a substance abuse disorder or dependency, or a mental-health disorder and provides treatment options;
   2. (b) Investigate to determine whether the licensee’s professional practice while impaired has presented or presents a danger to the public;
   3. (c) Obtain the licensee’s written agreement to report any arrest for or conviction of a misdemeanor or felony to the Board within three business days after the licensee is arrested or convicted;
   4. (d) Obtain the licensee’s written agreement to pay the costs of participation in the Program, including the cost of laboratory or toxicology tests, treatment, consultation group meetings and evaluations; and
   5. (e) Obtain the licensee’s written consent allowing disclosure and exchange of information between the Program, the Board, the monitoring entity, the licensee’s employers, and evaluators and treatment entities.
3. (3) The report referred to in subsection (2)(a) of this rule must be prepared by an independent evaluator approved by the Board under OAR 855-011-0040 to evaluate alcohol or a substance abuse disorder or dependency, and mental-health disorders.
4. (4) The Board may only refer to the Program a licensee who has been diagnosed with alcohol or a substance abuse disorder or dependency, or a mental health disorder.

5. (5) The Board will consider all relevant factors before determining whether to refer a licensee to the Program. Relevant factors shall include but are not limited to:

   1. (a) Licensee’s disciplinary history;
   2. (b) The severity and duration of the licensee’s impairment;
   3. (c) The extent to which licensee’s practice can be limited or managed to eliminate danger to the public;
   4. (d) The likelihood that licensee’s impairment can be managed with treatment; and
   5. (e) The likelihood that the licensee will follow the conditions of the program.

Statutory/Other Authority

ORS 689.205

Statutes/Other Implemented

ORS 676.200

History

BP 12-2010, f. & cert. ef. 12-23-10
BP 7-2010(Temp), f. & cert. ef. 6-29-10 thru 12-24-10