Oregon Administrative Rules › Chapter 818 - OREGON BOARD OF DENTISTRY › Division 13 - HEALTH PROFESSIONALS' SERVICES PROGRAM › Section 818-013-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this section, the following definitions
				apply:
(1) "Confidential" means that,
			 to the highest degree possible, the identities of the licensees investigated
			 for alleged addiction to, dependence upon, or abuse of alcohol, drugs, and mind
			 altering substances, or mental health disorders, and who have a diagnosed
			 substance abuse disorder or mental health disorder, will be kept confidential
			 by the Board and not be a matter of public record.
(2) "Diagnosis" means the principal mental
			 health or substance use diagnosis listed in the DSM. The diagnosis is
			 determined through the evaluation and any examinations, tests, or consultations
			 suggested by the evaluation, and is the medically appropriate reason for
			 services.
(3) "Direct Observe"
			 means that a collection taker is in the restroom with donor and observes the
			 providing of the sample throughout the entire process.
(4) "Diversion Coordinator" means the
			 individual(s) authorized by the Board and the Executive Director to know the
			 identities of the licensees who are candidates for or who are enrolled in HPSP.
(5) "Division" means the Oregon
			 Health Authority, Addictions and Mental Health Division.
(6) "DSM" means the Diagnostic and
			 Statistical Manual of Mental Disorders, published by the American Psychiatric
			 Association.
(7) "Evaluation"
			 means the process a Board approved, independent evaluator uses to diagnose the
			 licensee's symptoms and to recommend treatment options for the licensee.
(8) "Health Professionals'
			 Services Program" (HPSP) means the consolidated, statewide health professionals
			 program for licensees diagnosed with a substance use disorder, a mental health
			 disorder, or both types of disorders, as established by ORS
			 676.190.
(9) "Independent evaluator" means a Board
			 approved individual or entity qualified to evaluate, diagnose, and recommend
			 treatment regimens for substance abuse disorders, mental health disorders, or
			 co-occurring disorders.
(10)
			 "Mental health 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 health disorder" includes
			 gambling disorders.
(11)
			 "Monitoring agreement" means an individualized agreement between a licensee and
			 the HPSP vendor that meets the requirements for a diversion agreement set by
			 ORS 676.190.
(12) "Monitoring Entity" means an independent
			 third-party that monitors licensees' program enrollment statuses and monitoring
			 agreement compliance.
(13)
			 "Non-disciplinary" means the Board will not take disciplinary action or enter
			 disciplinary orders against a licensee who agrees to enter into the HPSP and
			 remains compliant with that program.
(14) "Non-identifying" means a system where
			 the licensee is referred to by number rather than name and the licensee's
			 identity remains confidential to the Board.
(15) "Program" means the process whereby
			 allegations of addiction to, dependence upon, or abuse of alcohol, drugs, or
			 mind altering substances or mental health disorders are investigated,
			 evaluated, and reported to the Board for action.
(16) "Substance Use Disorders" means
			 disorders related to the taking of a drug of abuse including alcohol, to the
			 side effects of a medication, and to a toxin exposure. The disorders include
			 substance use disorders such as 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, etc., as defined in DSM criteria.
(17) "Substantial non-compliance" means that
			 a licensee is in violation of the terms of his or her monitoring agreement in a
			 way that gives rise to concerns about the licensee's ability or willingness to
			 participate in the program. Substantial non-compliance and non-compliance
			 include, but are not limited to, the factors listed in ORS
			 676.190(1)(f).
			 Conduct that occurred before a licensee entered into a monitoring agreement
			 does not violate the terms of that monitoring agreement.
(18) "Successful completion" means the
			 licensee has complied with the licensee's monitoring agreement to the
			 satisfaction of the Board.
(19)
			 "Toxicology testing" means urine testing or alternative chemical monitoring
			 including, but not limited to blood, saliva, or breath as conducted by a
			 laboratory certified, accredited or licensed and approved for toxicology
			 testing.
(20) "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 health disorder or both types of
			 disorders.
(21) "Vendor" means the
			 entity that has contracted with the Division to conduct the program.
(22) "Voluntary" means that the Board cannot
			 compel a licensee to enter the HPSP.
Stat. Auth.: ORS 676, 679 & 680
Stats. Implemented:ORS
				  676.185,
				  676.190,
				  676.195,
				  676.200 &
				  676.140(e)