OAR 436-120-0840
Professional Standards for Providers and Counselors

(1)

Providers and counselors must:

(a)

Determine eligibility and provide assistance in an objective manner not subject to any conditions other than those prescribed in these rules;

(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;

(c)

Document all case activities in legible file notes or reports;

(d)

Provide only vocationally relevant information about workers in written and oral reports;

(e)

Recommend workers only for suitable employment;

(f)

Fully inform the worker of the purpose and results of all testing and evaluations; and

(g)

Comply with generally accepted standards of conduct in the vocational rehabilitation profession.

(2)

Providers and counselors may not:

(a)

Provide evaluations or assistance if there is a conflict of interest or prejudice concerning the worker;

(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;

(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;

(d)

Violate any applicable state or federal civil rights law;

(e)

Commit fraud, misrepresent, or make a serious error or omission in connection with an application for registration or certification;

(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;

(g)

Engage in collusion to withhold information, or submit false or misleading information relevant to the determination of eligibility or provision of vocational assistance;

(h)

Engage in collusion to violate these rules or other rules of the department, or any policies, guidelines, or procedures issued by the director;

(i)

Fail to comply with an order of the director to provide specific vocational assistance, except as provided in ORS 656.313 (Stay of compensation pending request for hearing or review); or

(j)

Instruct any individual to make decisions or engage in behavior that is contrary to the requirements of these rules.

Source: Rule 436-120-0840 — Professional Standards for Providers and Counselors, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-120-0840.

436‑120‑0003
General Provisions 436‑120‑0005
Definitions 436‑120‑0008
Administrative Review and Hearings 436‑120‑0012
General Requirements For Notices and Warnings 436‑120‑0115
Vocational Eligibility Evaluation 436‑120‑0117
Deferral of Eligibility Evaluation 436‑120‑0145
Vocational Assistance Eligibility 436‑120‑0147
Establishing the Adjusted Weekly Wage 436‑120‑0157
Determining Substantial Handicap to Employment 436‑120‑0165
End of Eligibility for Vocational Assistance 436‑120‑0175
Redetermining Eligibility for Vocational Assistance 436‑120‑0177
Selection of Category of Vocational Assistance 436‑120‑0185
Choosing a Counselor 436‑120‑0187
Optional Services 436‑120‑0197
Direct Employment 436‑120‑0410
Determining a Vocational Goal 436‑120‑0443
Training — General 436‑120‑0445
Training Requirements 436‑120‑0500
Training: Development and Implementation 436‑120‑0510
Training Plan Support 436‑120‑0520
Responsibilities of the Worker and the Counselor 436‑120‑0523
Re-evaluating a Training Plan 436‑120‑0527
Ending a Training Plan 436‑120‑0530
Director Review of Return-to-Work Plan 436‑120‑0700
Direct Worker Purchases 436‑120‑0710
Direct Worker Purchases: Categories 436‑120‑0720
Fee Schedule 436‑120‑0755
Reimbursement from the Workers’ Benefit Fund 436‑120‑0800
Registration of Providers 436‑120‑0810
Certification and Classification of Provider Staff 436‑120‑0820
Renewal of Certification 436‑120‑0840
Professional Standards for Providers and Counselors 436‑120‑0900
Audits, Penalties and Sanctions 436‑120‑0915
Sanctions of Providers and Counselors
Last Updated

Jun. 8, 2021

Rule 436-120-0840’s source at or​.us