justicedao/ipfs_state_laws huggingface dataset:
415-065-0020 Audits (1) The Division shall arrange for an independent third-party to audit the program and to ensure compliance with the program guidelines. (2) The Division shall report the results of the audit to the Legislative Assembly, the Governor, and the boards. (3) The Division’s report may not contain individually identifiable information about the licensees. Statutory/Other Authority: ORS 413.042 & 676.190 Statutes/Other Implemented: ORS 676.185 - 676.200 History: Reverted to ADS 3-2012, f. 6-27-12, cert. ef. 7-1-12 ADS 7-2013(Temp), f. & cert. ef. 11-8-13 thru 5-7-14 ADS 3-2012, f. 6-27-12, cert. ef. 7-1-12 ADS 3-2010, f. & cert. ef. 7-1-10
415-065-0030 Administration Fee (1) Each board that participates in the program shall pay the Division a fee for participating in the program. (2) The Division shall calculate the total fee based on all the program costs, including but not limited to, Division personnel costs and ancillary expenses, funds paid to a contractor for operating the program, if any and the costs of an auditor. 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 3-2010, f. & cert. ef. 7-1-10
415-065-0035 Board Referrals (1) A board that refers a licensee to the program must make the referral in writing. The referral must include: (a) A copy of a report from an independent third-party evaluator who diagnosed the licensee with a substance use disorder, a mental disorder or both types of disorder, stating the diagnosis and the applicable diagnostic code from the DSM; (b) The recommended treatment plan; (c) A statement that the board has investigated the licensee’s professional practice and has determined whether the licensee’s professional practice, while impaired, presents or has presented a danger to the public; (d) A description of any restrictions imposed by the board or recommended by the board on the licensee’s professional practice; (e) A statement that the licensee has agreed to report any arrest for or conviction of a misdemeanor or felony crime to the board within three business days after the licensee is arrested or convicted; and (f) A written statement from the licensee agreeing to enter the program and agreeing to abide by all terms and conditions established by the program. (2) A board-referred licensee is enrolled in the program effective on the date the program receives the licensee’s signed consents and the signed monitoring agreement including payment of fees as required by ORS 676.190. 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 3-2010, f. & cert. ef. 7-1-10
415-065-0040 Self-Referrals (1) A licensee may only self-refer to the program if the licensee’s board has adopted a rule permitting self-referrals. (2) Provisional Enrollment. To be provisionally enrolled in the program, a self-referred licensee must: (a) Sign a written consent allowing disclosure and exchange of information between the program or the program’s contractor, as applicable, the licensee’s employer, independent third-party evaluators, and treatment providers; (b) Sign a written consent allowing disclosure and exchange of information between the program or the programs’ contractor, as applicable, the board, the licensee’s employer, independent third-party evaluators and treatment providers in the event the program determines the licensee to be in substantial noncompliance with his or her provisional monitoring agreement.; (c) Sign a written statement that the licensee has agreed to report any arrest for or conviction of a misdemeanor or felony crime to the program within three business days after the licensee is arrested or convicted; (d) Attest that the licensee is not, to the best of the licensee’s knowledge, under investigation by his or her board; and (e) Agree to and sign a monitoring agreement. (3) Enrollment: To move from provisional enrollment to enrollment in the program, a self-referred the licensee must: (a) Obtain at the licensee’s own expense and provide to the program, an independent third-party evaluator’s written evaluation containing a DSM diagnosis and diagnostic code, treatment recommendations, and practice restrictions, if any; (b) Agree to cooperate with the program’s investigation to determine whether the licensee’s practice while impaired presents or has presented a danger to the public; and (c) Enter into an amended monitoring agreement to reflect the treatment recommendations of the independent third-party evaluator and the program’s practice investigation. (4) Once the program provisionally enrolls a self-referred licensee in the program failure to complete enrollment constitutes substantial non-compliance and must be reported to the board. (5) The program may not report a self-referred licensee’s enrollment in or successful completion of the program to the licensee’s board. 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 3-2010, f. & cert. ef. 7-1-10
415-065-0045 Licensee Responsibilities (1) Board-referred licensees must: (a) Comply continuously with his or her monitoring agreement, including any amendments to the agreement required by the licensee’s board or the program, for at least two years or longer, as specified by the board by rule or order; and (b) Be responsible for the cost of evaluations, toxicology testing and treatment. (2) Self-referred licensees must: (a) Provide to the program a copy of a report of the licensee’s criminal history periodically, at the program’s discretion; (b) Comply continuously with his or her monitoring agreement, including any amendments to the agreement required by the program, for at least two years or longer, as specified by the board by rule or order; and (c) Be responsible for the cost of evaluations, toxicology testing and treatment. 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 2-2012, f. & cert. ef. 2-9-12 ADS 3-2010, f. & cert. ef. 7-1-10
415-065-0050 Unique Identification Number (1) The program shall assign a unique licensee identification number to each licensee enrolled in the program: (a) If the program is operated by a contractor, the contractor and the Division shall use the same number and shall include the number in any communications or data exchanges involving the licensee; (b) Once a unique identification is used the program may not use it again for any other licensee enrolled in the program and it shall be retired when the licensee is no longer enrolled in the program; and (c) If a licensee reenrolls in the the program the program must use the same unique identification number that was previously assigned to the licensee. (2) The program may not use all or a portion of a licensee’s social security number as the unique identification number. Statutory/Other Authority: ORS 413.042 & 676.190 Statutes/Other Implemented: ORS 676.185 - 676.200 History: ADS 2-2014, f. 4-24-14, cert. ef. 4-1-14 ADS 3-2012, f. 6-27-12, cert. ef. 7-1-12 ADS 2-2012, f. & cert. ef. 2-9-122 ADS 3-2010, f. & cert. ef. 7-1-10
415-065-0055 Program Requirements The contractor shall: (1) Inform the licensee about the program services, requirements, benefits, risks, and confidentiality limitations and ensure that the licensee has signed a consent for services. The consent for services explains: (a) Information the contractor will give to the board and under what circumstances; (b) That the board may take action to suspend, restrict, modify, or revoke the licensee’s license or end the licensee’s participation in the program based on information from the contractor. (2) Enter into a monitoring agreement with the licensee; (3) Assess the licensee’s compliance with his or her monitoring agreement; (4) Assess the ability of the licensee’s employer, when an employer exists to supervise the licensee, and require the employer to establish minimum training requirements for the licensee’s supervisor; (5) Report the licensee’s substantial noncompliance with his or her monitoring agreement to a noncompliant licensee’s board within one business day after the contractor learns of any substantial noncompliance; and (6) At least weekly, submit to licensees’ boards: (a) A list of licensees who were referred to the program by the health profession licensing board and who are enrolled in the program; and (b) A list of licensees who were referred to the program by the health profession licensing board and who successfully completed the program. (7) The lists submitted under section 6 (a) (b) are exempt from disclosure as a pubic record under ORS 192.140 to 192.505. (8) Seek a court order authorizing the contractor to release identifying information to a licensee’s board, including a report of substantial noncompliance as is described in OAR 415-065-0060, if a self-referred licensee enrolled in the program, or a provisionally enrolled licensee with a qualifying diagnosis, revokes his or her consent to report substantial noncompliance to the licensee’s board. (a) The contractor shall file documents with the court seeking a court order as soon as possible but no later than three business days from the date it was notified that the licensee revoked consent to report substantial noncompliance. (b) The contractor shall comply with 42 USC & 290dd-2(b)(2); 42 CFR Part 2; the Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191, 45 CFR Parts 160, 162 and 164 and ORS 179.505, ORS 192.518–192.524 in seeking such a court order. (c) The contractor shall disclose to the licensee’s board, within one (1) business day, any information the court authorizes it to disclose. 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 7-2013(Temp), f. & cert. ef. 11-8-13 thru 5-7-14 ADS 3-2012, f. 6-27-12, cert. ef. 7-1-12 ADS 2-2012, f. & cert. ef. 2-9-122 ADS 3-2011, f. & cert. ef. 8-16-11 ADS 1-2011(Temp), f. & cert. ef. 2-11-11 thru 8-5-11 ADS 3-2010, f. & cert. ef. 7-1-10
415-065-0060 Reports of Substantial Noncompliance Unless otherwise prohibited by law, a report of substantial noncompliance to a licensee’s board must include: (1) A description of the noncompliance; (2) A copy of the report from the independent third-party evaluator who diagnosed the licensee stating the licensee’s diagnosis (3) A copy of the licensee’s monitoring agreement; and (4) The licensee’s practice or employment status. 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 3-2010, f. & cert. ef. 7-1-10
415-065-0070 Monitoring Agreements Each monitoring agreement developed by the program and entered into by a licensee must require the licensee to: (1) Participate in the program for at least two years or longer, as specified by board rule or order; (2) Participate in the recommended treatment plan; (3) Comply with any practice restrictions required by the board or if the licensee is a self-referred licensee, any practice restrictions recommended by the third-party evalator; (4) Comply with any applicable workplace monitoring requirements; (5) Abstain from all mind-altering or intoxicating substances or potentially addictive drugs, unless the drug is: (a) Prescribed for a documented medical condition by a person authorized by law to prescribe the drug to the licensee; and (b) Approved by the program if the licensee’s board has granted the program that authority; (6) Report to the program the licensee’s: (a) Use of mind-altering or intoxicating substances or potentially addictive drugs within 24 hours of the licensee’s use of the substances or drugs; (b) Arrest for or conviction of a misdemeanor or felony crime within three business days of the arrest or conviction; and (c) Application for licensure in another state, change in employment, change in practice setting, or change in residence; (7) Submit to random toxicology testing in accordance with an individualized schedule, unless the licensee is diagnosed with solely a mental disorder and the licensee’s board does not otherwise require the licensee to submit to random drug or alcohol testing; (8) Comply with other toxicology testing in accordance with OAR 415-065-0075; (9) Submit periodic reports to the program regarding the licensee’s compliance with the monitoring agreement at a frequency determined by program; (10) Comply with any other requirement established by the licensee’s board in accordance with ORS 676.200(1)(c); (11) Comply with any amendments to the monitoring agreement deemed necessary by the licensee’s board or the program because of a change in the licensee’s situation; and (12) Pay any required fees. 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
415-065-0075 Toxicology Testing (1) Unless a licensee is diagnosed solely with a mental disorder and an independent third-party evaluator has not recommended toxicology testing, the program must ensure that a licensee receives: (a) A baseline toxicology test within fifteen business days of the date the licensee is enrolled in the program; and (b) A final toxicology test before the licensee is deemed to successfully complete the program; (2) The program may require a licensee to submit to a non-random toxicology test. (3) Urinalysis specimens. (a) The program must ensure that urine specimens are collected in a way that preserves the integrity of the specimen and unless otherwise provided by the licensee's board by rule, that the person collecting the sample is able to directly observe the urine leaving the licensee’s body and enter the collection cup. (b) If the program suspects that the licensee has used alcohol or other drugs in violation of the licensee's monitoring agreement or suspects that the licensee has attempted to provide a false or dilute urine sample, the program may require a licensee to provide a directly observed urine specimen under the procedures described in 49 CFR § 40.67(g) through (k), in effect on 4-24-14, including having an individual the same gender as the licensee: (A) Ask the licensee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist, and lower clothing and underpants to demonstrate, by turning around, that the licensee does not have a prosthetic device to dispense urine; and (B) Watch the urine go from the licensee's body into the specimen collection container. (4) Toxicology testing must be done by a laboratory: (a) Certified by the Substance Abuse and Mental Health Services Administration and accredited through the College of American Pathologists Forensic Drug Testing Accreditation Program; and (b) That performs testing in compliance with OAR 333-024-0305 through 333-024-0350. 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
415-065-0080 Confidentiality The program may not use or disclose any information that individually identifies a licensee except in accordance with 42 CFR § Part 2 and any other applicable federal or state laws 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
416-001-0000 Notice Rule for Rule Making Prior to adoption, amendment, or repeal of a permanent rule, the Oregon Youth Authority (OYA) must give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin at least 21 days prior to the rule’s effective date; (2) By mailing a copy of the notice to persons on the OYA mailing list at least 28 days prior to the rule’s effective date; (3) By mailing a copy of the notice to designated legislators at least 49 days prior to the rule’s effective date; and (4) By mailing a copy of the notice to the following persons, organizations, or publications at least 28 days prior to the rule’s effective date: (a) The Associated Press; (b) The Oregonian, Portland, Oregon; (c) East Oregonian, Pendleton, Oregon; (d) Statesman Journal, Salem, Oregon; (e) Mail Tribune, Medford, Oregon; (f) The Register-Guard, Eugene, Oregon; (g) The Bulletin, Bend, Oregon; (h) American Civil Liberties Union; (i) Association of Oregon Counties; (j) Crime Victims United; (k) Oregon Crime Victims Law Center; (l) Oregon Department of Education, Youth Development Division; (m) Oregon Department of Human Services, Child Welfare Program; (n) Youth, Rights and Justice; (o) Oregon Sheriffs' Association; (p) Oregon Association Chiefs of Police; (q) Oregon Adolescent Sex Offending Treatment Network; (r) Juvenile court judges; and (s) County juvenile departments. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 183.335, 183.341 & 183.360 History: OYA 8-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 7-2004, f. & cert. ef. 7-8-04 OYA 2-2003, f. & cert. ef. 8-20-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-001-0005 Model Rules of Procedure Under the provisions of ORS 183.341, the Oregon Youth Authority adopts the 2024 Attorney General's Uniform and Model Rules of Procedure. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 183.335 & ORS 183.341 History: OYA 5-2025, minor correction filed 09/10/2025, effective 09/10/2025 OYA 4-2025, amend filed 09/10/2025, effective 09/10/2025 OYA 14-2020, amend filed 08/10/2020, effective 08/10/2020 OYA 2-2014, f. & cert. ef. 9-12-14 OYA 7-2012, f. & cert. ef. 9-11-12 OYA 1-2008, f. & cert. ef. 6-9-08 OYA 7-2004, f. & cert. ef. 7-8-04 OYA 2-2003, f. & cert. ef. 8-20-03 OYA 6-2000, f. & cert. ef. 8-2-00 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-001-0015 Mailing List Fees (1) Any individual, organization representing more than ten individuals, or agency may request to be included on the OYA’s mailing list for notification of any proposed adoption, amendment, or repeal of any OYA rule. The subscription fee to be on the mailing list is $35 annually. The fee established under this rule does not apply to any federal, state, county, or local government entity. Mailings are created for interested persons who want to receive notice of administrative rules promulgated by the OYA. The request must be sent to the Oregon Youth Authority, Rules/Policy Coordinator, 530 Center St. NE Ste. 500, Salem, OR 97301. (2) Mailing List Subscription Renewal: One annual billing will be sent in July of each year. Subscription fees must be paid by September 1 of each year. Government agencies or entities will be sent a confirmation notice and an opportunity to renew their subscription. Anyone not requesting renewal of subscription will be removed at the end of October. Statutory/Other Authority: ORS 183.335 & 183.341 Statutes/Other Implemented: ORS 183.335 & 183.341 History: OYA 5-2018, minor correction filed 05/11/2018, effective 05/11/2018 OYA 7-2004, f. & cert. ef. 7-8-04
416-001-0020 Copies of OYA Permanent and Temporary Rules, and Fees Individuals or organizations requesting copies of the OYA's permanent or temporary rules that are not on the OYA's mailing list will be required to prepay to the agency a fee of $.50 per page in accordance with the OYA's policy on Public Information Requests. Requests for copies of OYA temporary or permanently adopted rules must be in writing and directed to the Rules/Policy Coordinator, Oregon Youth Authority, 530 Center Street NE Ste. 500, Salem, OR 97301. Statutory/Other Authority: ORS 183.335 & 183.341 Statutes/Other Implemented: ORS 183.335 & 183.341 History: OYA 6-2018, minor correction filed 05/11/2018, effective 05/11/2018 OYA 7-2004, f. & cert. ef. 7-8-04
416-020-0000 Purpose These rules establish procedures for the Oregon Youth Authority’s (OYA) internal grievance review and appeal system for youth in custody, in OYA’s physical or legal custody. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010, 420A.014 & 420A.015 History: OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020 OYA 3-2003, f. & cert. ef. 8-20-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96
416-020-0010 Definitions (1) Emergency: Any condition or situation where there is a substantial risk of imminent abuse, or threat to life, health, or safety, or where time frame considerations necessitate an immediate response or remedial action. (2) Facility: Any youth correctional facility, camp or transitional facility including the staff offices and the grounds, operated by the Oregon Youth Authority. (3) Field supervisor: The manager of an OYA parole/probation office. (4) Grievance: A complaint about the substance or application of any rule, policy, or practice affecting a youth in custody; or any decision or action directed toward a youth in custody by OYA, its employees, or agents, including but not limited to matters of confinement, discipline, treatment, education, and privileges. (5) Representative: A person who is authorized, in writing, by a youth in custody to receive confidential information from OYA and to act on behalf of the youth in custody with respect to a grievance. A representative includes, but is not limited to an attorney, relative, friend or legal guardian, but does not include another youth in custody. (6) Youth in custody: A person in the legal and physical custody of OYA either in a Facility or placed in the community under supervision; and a person in the legal custody of the Department of Corrections and the physical custody of OYA in a Facility. Statutory/Other Authority: ORS 420A.025 Statutes/Other Implemented: ORS 420A.010 History: OYA 9-2022, amend filed 12/13/2022, effective 12/14/2022 OYA 2-2020, amend filed 01/29/2020, effective 01/30/2020 OYA 3-2003, f. & cert. ef. 8-20-03 OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96