OAR 855-011-0030
Procedure to refer Board licensees to the Program

(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)

Before the Board refers a licensee to the Program, the Board shall:

(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;

(b)

Investigate to determine whether the licensee’s professional practice while impaired has presented or presents a danger to the public;

(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;

(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

(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 (Approval by the Board of an Independent Evaluator) to evaluate alcohol or a substance abuse disorder or dependency, and mental-health disorders.

(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)

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:

(a)

Licensee’s disciplinary history;

(b)

The severity and duration of the licensee’s impairment;

(c)

The extent to which licensee’s practice can be limited or managed to eliminate danger to the public;

(d)

The likelihood that licensee’s impairment can be managed with treatment; and

(e)

The likelihood that the licensee will follow the conditions of the program.

Source: Rule 855-011-0030 — Procedure to refer Board licensees to the Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=855-011-0030.

Last Updated

Jun. 8, 2021

Rule 855-011-0030’s source at or​.us