(1)(a) A health professional licensing board that is authorized by law to take disciplinary action against licensees may adopt rules opting to participate in the impaired health professional program established under ORS 676.190 and may contract with or designate one or more programs to deliver therapeutic services to its licensees. (b) A health professional licensing board may not establish the health professional licensing boards own impaired health professional program for the purpose of monitoring licensees of the health professional licensing board that have been referred or that have been self-referred to the program. (c) A health professional licensing board may adopt rules establishing additional requirements for licensees referred to the impaired health professional program established under ORS 676.190 or a program with which the health professional licensing board has entered into a contract or designated to deliver therapeutic services under paragraph (a) of this subsection. (2) If a health professional licensing board participates in the impaired health professional program, the health professional licensing board shall establish by rule a procedure for referring licensees to the program. The procedure must provide that, before the health professional licensing board refers a licensee to the program, the health professional licensing board shall ensure that: (a) An independent clinical evaluator, who is a licensed health care professional with demonstrated expertise in the areas of concern, and who is approved by the health professional licensing board: (A) Provides a comprehensive clinical assessment of the licensee including both a mental health disorder assessment and an alcohol or substance use disorder assessment, according to guidelines established by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR); (B) Diagnoses the licensee with a mental health disorder or an alcohol or substance use disorder; and (C) Suggests a monitoring care plan and recommended fitness level for the licensees return to practice and, if applicable, recommends the criteria treatment plan of the American Society of Addiction Medicine, or its successor organization; (b) The health professional licensing board has investigated to determine whether the licensees professional practice while impaired has presented or presents a danger to the public; and (c) The licensee has agreed to report any arrest for or conviction of a misdemeanor or felony crime to the health professional licensing board within three business days after the licensee is arrested or convicted. (3) A health professional licensing board that participates in the impaired health professional program shall review reports received from the program. If the health professional licensing board finds that a licensee is substantially noncompliant with a monitoring agreement entered into under ORS 676.190, the health professional licensing board may suspend, restrict, modify or revoke the licensees license or end the licensees participation in the impaired health professional program. (4) A health professional licensing board may not discipline a licensee solely because the licensee: (a) Self-refers to or participates in the impaired health professional program; (b) Has been diagnosed with alcohol or substance abuse or a mental health disorder; or (c) Used controlled substances or cannabis, or used psilocybin pursuant to ORS 475A.210 to 475A.722, before entry into the impaired health professional program, if the licensee did not practice while impaired. EFFECT OF EXPIRATION, LAPSE, SURRENDER, SUSPENSION OR REVOCATION OF LICENSE
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