As used in ORS 676.185 to 676.200: (1) Health professional licensing board means: (a) A health professional regulatory board as defined in ORS 676.160; or (b) The Health Licensing Office for a board, council or program listed in ORS 676.565. (2) Licensee means a health professional licensed or certified by or registered with a health professional licensing board. (3) Monitoring agreement means a written agreement entered into between the impaired health professional program established under ORS 676.190 and a licensee enrolled in the program that includes the provisions described in ORS 676.193. (4) Substantial noncompliance includes the following: (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 licensees practice imposed by the impaired health professional program established under ORS 676.190 or the licensees health professional 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; or (h) Failure to enroll in the program after being referred to the program. (5) Workplace monitor means an individual who is free of conflicts of interest, agrees to serve as a liaison between the impaired health professional program and a licensee enrolled in the program, and has responsibility for at least: (a) Monitoring the licensees safe practice in the workplace; (b) Completing a monthly safe practice report and submitting the report to the program; (c) Informing the program of any concerns regarding the licensee, including any unsafe practices in which the licensee engages in the workplace; and (d) Receiving noncompliance reports from the program that may require the licensee to cease practicing.
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