Board of Nursing
Chapter 851
Division 70
MONITORING BEHAVIORAL HEALTH AND COGNITIVE OR PHYSICAL IMPAIRMENT
851-070-0080
Licensee Responsibilities for HPSP and Public Discipline
(1) All licensees must:
(a) Agree to report any arrest for or conviction of a misdemeanor or felony crime to the HPSP and/or the Board within three business days after the licensee is arrested or convicted of the crime; and
(b) Comply continuously with his or her monitoring agreement, including any restrictions on his or her practice for a minimum of two years for the HPSP program; or, for public discipline, as specified by the Board by rule or order. During the last two years of the HPSP program only, for a single isolated incident of substantial noncompliance the Board has discretion to determine if the substantial noncompliance warrants extension in the program.
(c) Abstain from mind-altering or intoxicating substances or potentially addictive drugs, unless prescribed for a documented medical condition by a person authorized by law to prescribe the drug to the licensee. The Board does not authorize the HPSP program to approve or disapprove medications prescribed to the Licensee for a documented medical condition;
(d) Report unauthorized use of mind-altering or intoxicating substances or potentially addictive drugs within 24 hours;
(e) Comply with the treatment plan. HPSP medical director may consult with the third party evaluator(s) regarding treatment recommendations. The Board does not authorize HPSP to independently modify treatment plans developed by an Independent third-party evaluator;
(f) Limit practice as required by the Third-Party Evaluator, Treatment Program, or Board order;
(g) Participate in monitored practice;
(h) Participate in a follow-up evaluation, when necessary, of licensee’s fitness to practice;
(i) Submit to random toxicology testing for the duration of the HPSP or Public Discipline program;
(j) Report at least weekly to the HPSP regarding the licensee’s compliance with the monitoring agreement; report at least monthly to the Public Discipline Program compliance staff;
(k) Report to the HPSP monitor/Board compliance staff applications for licensure in other states, changes in employment and changes in practice setting;
(l) Agree to be responsible for the cost of evaluations, toxicology testing and treatment;
(m) Report to the HPSP Board compliance staff any investigations or disciplinary action by any state or state agency, including Oregon;
(n) Participate in required meetings according to the treatment plan; and
(o) Maintain active license status.
(2) In addition to the requirements listed in section one of this rule, self-referred licensees must also provide to the HPSP a copy of a report of the licensee’s criminal history, at least once per calendar year or more often if required by the HPSP.
Statutory/Other Authority: ORS 676.200
Statutes/Other Implemented: ORS 676.200
History:
BN 10-2023, amend filed 12/20/2023, effective 01/01/2024
BN 4-2016, f. 7-15-16, cert. ef. 8-1-16
BN 1-2014, f. 3-3-14, cert. ef. 4-1-14
BN 19-2010, f. & cert. ef. 12-2-10
BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10