415-065-0010 Definitions (1) “Assessment” or “Evaluation” means the process an independent third-party evaluator uses to diagnose the licensee and to recommend treatment options for the licensee. (2) “Authority” means the Oregon Health Authority. (3) “Board” means a health professional board as defined in ORS 676.160 or the Health Licensing Office for a board, council or program listed in 676.606. (4) “Business Day” means Monday through Friday, 8:00 a.m. to 5:00 p.m. Pacific Time, except legal holidays as defined in ORS 187.010 or 187.020. (5) “Comply Continuously” means to have been: (a) Enrolled in the program for at least two uninterrupted years without any reports of substantial noncompliance that a board deems were significant violations of the monitoring agreement; and (b) Deemed by the program if self-referred, or by the licensee’s board if board referred, to have otherwise successfully complied with all terms of the monitoring agreement. (6) “Course of Employment” means all circumstances which may occur in the performance of a licensee’s job, whether or not the licensee is self-employed. (7) "Diagnosis" means the principal mental or substance use diagnosis listed in the DSM. The diagnosis is determined through the assessment and any examinations, tests, or consultations suggested by the assessment, and is the medically appropriate reason for services. (8) “Direct Supervisor” means the individual who is responsible for: (a) Supervising a licensee enrolled in the impaired health professional program; (b) Monitoring the licensee’s compliance with the requirements of the program; and (c) Periodically reporting to the program on the licensee’s compliance with the requirements of the program. (9) "Division" means the Oregon Health Authority, Addictions and Mental Health Division. (10) "DSM" means the Diagnostic and Statistical Manual of Mental Disorders-5, published by the American Psychiatric Association on May 18, 2013. (11) “Independent Third-Party Evaluator” means an individual who is approved by a licensee’s board to evaluate, diagnose, and offer treatment options for substance use disorders, mental disorders, or co-occurring disorders. (12) “Licensee” means a health professional who is licensed or certified by or registered with a board and the professional is receiving services in the program under these rules. (13) “Mental Disorder” means a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom that is identified in the DSM. “Mental Disorder” includes gambling disorders. (14) “Monitoring Agreement” means an individualized agreement, including amendments, between a licensee and the program that meets the requirements of OAR 415-065-XXXX and is the same as the term diversion agreement as that is used in ORS 676.190. (15) “Positive Toxicology Test” for the purposes of ORS 676.185(5)(d) means that a test result meets or exceeds the cutoff concentrations listed in 49 CFR § 40.87 as in effect on [insert effective date of rules] for the substances listed in that federal regulation. (16) “Program” means the Health Professionals’ Services Program established by the Division to monitor enrolled licensees of participating health profession licensing boards who have been diagnosed with a substance use or a mental disorder, for compliance with his or her monitoring agreement. If the program is operated by a contractor “program” may refer to the contractor, or the Division and the contractor, depending on the context. (17) “Provisional Enrollment” means temporary enrollment, pending verification that a self-referred licensee meets all program eligibility criteria. (18) “Random Drug or Alcohol Testing” for the purposes of ORS 676.190(5)(g) means enrolled licensees are selected for drug or alcohol testing in accordance with 49 CFR § 199.105(c)(5) and 49 CFR §199.105(c)(7) as in effect on [insert effective date of rules]. (19) “Self-Referred Licensee” means a licensee who seeks to participate in the program without a referral from the board. (20) "Substance Use Disorder" means a disorder related to the taking of a drug of abuse including alcohol, to the side effects of a medication, and to a toxin exposure. Disorders include substance dependence and substance abuse, and substance-induced disorders, including substance intoxication, withdrawal, delirium, and dementia, as well as substance induced psychotic disorder, mood disorder and other disorders, as defined in DSM criteria. (21) “Substantial Non-Compliance” means but is not limited to the following when they occur after a licensee entered into a monitoring agreement. (a) Criminal behavior; (b) Conduct that causes injury, death or harm to the public, or a patient, including sexual impropriety with a patient; (c) Impairment in a health care setting in the course of employment; (d) A positive toxicology test result as determined by federal regulations pertaining to drug testing; (e) Violation of a restriction on a licensee’s practice imposed by the program or the licensee’s health profession licensing board (f) Civil commitment for mental illness; (g) Failure to participate in the program after entering into a monitoring agreement under ORS 676.190; (h) Failure to enroll in the program after being referred to the program; (i) Violation of a provision of a licensee’s monitoring agreement that gives rise to concerns about the licensee’s ability or willingness to participate in the program; or (j) Violation of a Board’s rules establishing additional requirements for licensees referred to the program in accordance with ORS 676.200(1)(c). (22) “Successful Completion” means that for the period of service deemed necessary by the program or by the licensee’s board by rule, the licensee has complied with the licensee’s monitoring agreement to the satisfaction of the program, and has met the terms of the fee agreement between the program and the licensee. (23) “Toxicology Testing” means urine testing or alternative chemical monitoring including but not limited to blood, saliva, hair or breath. (24) "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, mental disorder or both types of disorders. (25) “Workplace Monitor” includes but is not limited to a direct supervisor and any other individual who has signed a workplace monitoring agreement with the program that requires the individual to observe and report to the program a licensee’s: (a) Compliance with his or her monitoring agreement; or (b) Any other concerns regarding the licensee’s participation in the program. Statutory/Other Authority: ORS 413.042 & 676.190 Statutes/Other Implemented: ORS 676.185 - 676.200 History: ADS 2-2014, f. & cert. ef. 4-24-14 ADS 3-2012, f. 6-27-12, cert. ef. 7-1-12 ADS 2-2012, f. & cert. ef. 2-9-12 ADS 3-2011, f. & cert. ef. 8-16-11 ADS 3-2010, f. & cert. ef. 7-1-10