(1) A monitoring agreement required under ORS 676.190 must require that the licensee who is party to the monitoring agreement: (a) Subject to subsection (3) of this section, consent to disclosure and exchange of information between the impaired health professional program established under ORS 676.190, the licensees health professional licensing board, employer, evaluators and treatment entities, in compliance with ORS 179.505 and 42 C.F.R. part 2; (b) Comply continuously with the agreement for at least two years to successfully complete the program; (c) Agree to participate in a recommended treatment plan; (d) Subject to subsection (4) of this section, submit to random drug or alcohol testing in accordance with federal regulations; and (e) Subject to subsection (4) of this section, abstain from the use of mind-altering or intoxicating substances or potentially addictive drugs unless the drugs are: (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 licensees health professional licensing board has granted the program that authority. (2) The monitoring agreement described in subsection (1) of this section must also: (a) Require the licensee to report at least the following information to the impaired health professional program: (A) The licensees use of mind-altering or intoxicating substances or potentially addictive drugs within 24 hours of the use, if the licensees monitoring agreement requires the licensee to abstain from the use of those substances; (B) In compliance with rules adopted under ORS 676.190, the licensees compliance or noncompliance with the agreement; (C) Regarding the licensee, any arrest for or conviction of a misdemeanor or felony crime within three business days after the licensee is arrested or convicted; and (D) Any applications that the licensee submits for licensure in other states, changes in the licensees employment and changes in the licensees practice setting; (b) Contain limits on the licensees practice of the licensees health profession; and (c) Provide that the licensee is responsible for the cost of evaluations, toxicology testing and treatment. (3) Notwithstanding subsection (1)(a) of this section, information related to a licensee who self-enrolls in the impaired health professional program may be disclosed to the licensees health professional licensing board only if the licensee is noncompliant with the licensees monitoring agreement. (4) The requirements of subsection (1)(d) and (e) of this section do not apply to a monitoring agreement for a licensee who is diagnosed with solely a mental health disorder and whose health professional licensing board does not otherwise require the licensee to submit to random drug or alcohol testing.
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