OAR 847-065-0065
Substantial Non-Compliance Criteria
(1)
The contractor will report substantial non-compliance with a diversion agreement to the Board within one business day after the contractor learns of the substantial non-compliance, including but not limited to information that a licensee:(a)
Engaged in criminal behavior;(b)
Engaged in conduct that caused injury, death or harm to the public, including engaging in sexual impropriety with a patient;(c)
Was impaired in a health care setting in the course of the licensee’s employment;(d)
Received a positive toxicology test result;(e)
Violated a restriction on the license’s practice imposed by the contractor or the Board;(f)
Was civilly committed for mental illness;(g)
Entered into a diversion agreement, but failed to participate in the HPSP;(h)
Was referred to the HPSP, but failed to enroll in the HPSP;(i)
Forged, tampered with, or modified a prescription;(j)
Violated any rules of prescriptive authority;(k)
Violated any provisions of OAR 847-065-0055 (Licensee Responsibilities);(L)
Violated any terms of the diversion agreement; or(m)
Failed to complete the monitored practice requirements as stated in OAR 847-065-0060 (Completion Requirements).(2)
The Board will review reports from the program. The Board may request the contractor to provide the licensee’s complete record, and the contractor must send these records to the Board as long as a valid release of information is in place.(3)
If the Board finds that a licensee is substantially noncompliant with a diversion agreement, the Board may investigate and determine the appropriate sanction.
Source:
Rule 847-065-0065 — Substantial Non-Compliance Criteria, https://secure.sos.state.or.us/oard/view.action?ruleNumber=847-065-0065.