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OREGON STATE BOARD OF NURSING

 

DIVISION 70

FITNESS FOR PRACTICE RELATED TO BEHAVIORAVIORAL HEALTH
(SUBSTANCE ABUSE AND/OR MENTAL DISORDERS) AND COGNITIVE OR PHYSICAL IMPAIRMENT

851-070-0000

Purpose, Intent and Scope

The Board believes that licensees who develop substance use disorders, mental disorders, or both disorders can, with appropriate treatment, be assisted with recovery and return to the practice of nursing with appropriate workplace monitoring. In assuring public protection, it is the intent of the Board that a licensee with a substance use disorder, a mental disorder or both types of disorders may have the opportunity to enter the Alternative to Discipline (ATD), known in Oregon as the Health Professionals’ Services Program (HPSP) as a Board referral or a self-referral. Based upon review of each individual circumstance, the Board may, instead of allowing entry into HPSP, order public discipline. Substantial non-compliance with the requirements of the ATD or public discipline program may lead to further disciplinary action by the Board. For Licensees with Cognitive or Physical Impairment without associated Behavioral Health Diagnosis return to work monitoring will be done through public discipline and are not eligible for the ATD program.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0005

Definitions

The following definitions apply to OAR chapter 851, division 070, except as otherwise stated in the definition:

(1) “Abstinence” means the avoidance of all intoxicating substances, including but not limited to prescription or over-the-counter drugs with a potential for abuse or the potential to develop a substance use disorder. Despite marijuana (either recreational or medical) and alcohol being legal, monitoring programs prohibit use of either substance. This definition does not include medically appropriate prescriptions.

(2) “Alternative to Discipline (ATD)” means that in the state of Oregon, the Alternative to Discipline program is known as the Health Professionals Services Program and is administered by the Oregon Health Authority, Addictions and Mental Health Division.

(3) “Assessment or evaluation” means the process an independent third-party evaluator uses to diagnose the licensee and to recommend treatment options for the licensee.

(4) “Authorized Prescription” means a prescription for medically appropriate medications obtained by the licensee from a prescriber authorized to prescribe by the statute and rules of the prescriber’s specific regulatory Board.

(5) “Behavioral Health” is inclusive of substance use disorders, mental disorders, or combination of disorders as defined in DSM.

(6) “Board” means the Oregon State Board of Nursing.

(7) “Business day” means Monday through Friday, except legal holidays as defined in ORS 187.010 or 187.020.

(8) “Certificate Holder” means a Certified Nursing Assistant, Certified Medication Aide.

(9) Cognitive Impairment means an individual having trouble remembering, learning new things, concentrating or making decisions that affect their ability to practice nursing.

(10) “Diagnosis” means the principal mental health or substance use diagnosis listed in the Diagnostic and Statistical Manual (DSM). The diagnosis is determined through an assessment and any examinations, tests or consultations suggested by the assessment, and is the medically appropriate reason for services.

(11) “Division” means the Oregon Health Authority, Addictions and Mental Health Division.

(12) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

(13) “Federal regulations” means:

(a) As used in ORS 676.190(1)(f)(D), a “positive toxicology test result as determined by federal regulations pertaining to drug testing” means test results meeting or exceeding the cutoff concentrations shown in 49 CFR § 40.87 (2011) must be reported as substantial non-compliance, but positive toxicology results for other drugs and for alcohol may also constitute, and may be reported as, substantial non-compliance.

(b) As used in ORS 676.190(4)(i), requiring a “licensee to submit to random drug or alcohol testing in accordance with federal regulations” means licensees are selected for random testing by a scientifically valid method, such as a random number table or a computer-based random number generator that is matched with licensees’ unique identification numbers or other comparable identifying numbers. Under the selection process used, each covered licensee shall have an equal chance of being tested each time selections are made, as described in 40 CFR § 199.105(c)(5) (2011). Random drug tests must be unannounced and the dates for administering random tests must be spread reasonably throughout the calendar year, as described in 40 CFR § 199.105(c)(7) (2011).

(14) “Fitness to practice evaluation” means the process a qualified evaluator uses to determine if the licensee can safely perform the essential functions of the licensee’s health practice. Fitness to Practice evaluation may be in addition to a Treatment Program Evaluation.

(15) “Final enrollment” means the licensee has provided all documentation required by OAR 851-070-0040 and has met all eligibility requirements to participate in the ATD.

(16) “Final Board Order” means the document describing the terms and conditions of the public discipline.

(17) “Impaired Professional” as defined in ORS 676.303, means a licensee who is unable to practice with professional skill and safety by reason of habitual or excessive use or abuse of drugs, alcohol or other substances that impair ability or by reason of a mental disorder.

(18) “Independent third-party evaluator” means an individual who is approved by a licensee’s Board to evaluate, diagnose, and offer treatment options for substance use disorders, mental disorders, or co-occurring disorders.

(19) “Individual monitoring/compliance record” means the official permanent documentation, written or electronic, for each licensee, which contains all information required by these rules and maintained to demonstrate compliance with these rules.

(20) “Interim Consent Order (ICO)” means an agreement in which a licensee voluntarily steps away from practice until further order of the Board.

(21) “Licensee” means a licensed practical nurse, registered nurse, or advanced practice registered nurse who is licensed or certified by the Oregon State Board of Nursing.

(22) “Mental 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 disorder” includes gambling disorders.

(23) “Monitoring agreement” means an individualized agreement between a licensee and the vendor that meets the requirements for a non-disciplinary agreement set by ORS 676.190.

(24) ”Monitored Practice” means practice under the direct supervision of a worksite monitor by agreement or Board order. The ability to provide monitored practice is determined by the employer.

(25) “Non-treatment compliance monitoring” means the non-medical, non-therapeutic services employed to track and report the licensee’s compliance with the monitoring agreement or Board order.

(26) “Nurse Monitoring Program” (NMP) means the alternative to the Board of Nursing’s discipline program prior to July 1, 2010.

(27) Physical Impairment means the ability to move, coordinate actions, or perform physical activities is significantly limited or delayed and is exhibited by difficulties in one or more of the following areas: physical and motor tasks; independent movement, performing daily life functions.

(28) “Provisional enrollment” means temporary enrollment, pending verification that a self-referred licensee meets all ATD eligibility criteria.

(29) “Public Discipline” means action against a licensee or certificate holder resulting in public reporting of the discipline, including posting on the OSBN website and in the OSBN publications. Public Discipline is a permanent document that remains publicly displayed for the life of the license/certificate even after all requirements of the public discipline are satisfied. For the impaired nurse public discipline usually takes the form of probation (which includes monitored practice), although the Board can levy discipline up to and including revocation. For this rule, Public Discipline will be referred to as “Probation.”

(30) “Self-referred licensee” means an eligible licensee who entered participation in the HPSP program without a referral from the board.

(31) “Stipulated Agreement” means the document describing the terms and conditions of public discipline agreed to by the licensee and approved by Board order.

(32) “Substance use disorder” means a disorder related to the taking of a drug of abuse (including alcohol); to the side effects of a medication; and to a toxin exposure, including: substance use disorders (substance dependence and substance abuse) and substance-induced disorders (including but not limited to substance intoxication, withdrawal, delirium, and dementia, as well as substance induced psychotic disorders and mood disorders), as defined in DSM criteria.

(33) “Substantial non-compliance” means that a licensee is in violation of the terms of his or her monitoring agreement or Board Order in a way that gives rise to concerns about the licensee’s ability or willingness to participate in the HPSP or is in violation of the Board Order. 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, notwithstanding a complaint to the Board regarding conduct related to the reason for entering the monitoring agreement/Stipulated Order.

(34) “Successful completion” means that for the period of service deemed necessary by the vendor or by the Board by rule, the licensee has satisfactorily complied with the licensee’s monitoring agreement or Board order.

(35) “Toxicology testing” means urine testing or alternative chemical monitoring including blood, saliva, breath, or hair as conducted by a laboratory certified, accredited or licensed and approved for toxicology testing.

(36) “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 disorder or both types of disorders.

(37) “Vendor” means the entity that has contracted with the Division to conduct the ATD.

(38) “Worksite Monitor” means a licensed health professional or appropriate individual approved by the Board designated to:

(a) Conduct routine observation/monitoring of licensee’s performance.

(b) To make / contribute to verbal and written reports.

(c) To intervene when patient and/or public safety is at risk.

(d) To intervene, in the case of the licensee/certificate holder who does not directly care for patients, when there is indication of impairment in the workplace.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 2-2013, f. 2-28-13, cert. ef. 4-1-13; BN 1-2014, f. 3-3-14, cert. ef. 4-1-14; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0010

Participation in Health Professionals’ Services Program

The Oregon State Board of Nursing’s ATD is the HPSP program. (For the purposes of this rule, from here on, the ATD program will be referred to as the HPSP). Effective July 1, 2010, the Board shall participate in the Health Professionals’ Services Program and may refer eligible nurses to the HPSP in lieu of or in addition to public discipline. Only licensed practical nurses, registered nurses, and advanced practice registered nurses who meet the eligibility criteria may be referred by the Board to HPSP.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0020

Eligibility for enrollment in Health Professionals’ Services Program (HPSP)

(1) Licensee must be evaluated by an independent, third-party evaluator approved by the Board. The evaluation must include a diagnosis of a substance use disorder, mental disorder, or both types of disorders with the appropriate diagnostic code from the DSM, and treatment options. The evaluation must also include return to work conditions. If not included in the initial treatment evaluation, the licensee will need to obtain a second evaluation to identify specific return to work recommendations or this may be determined by qualified Board staff.

(2) Must have reasonable ability to meet the monitored practice requirement.

(3) Licensees who have successfully completed either the NMP or HPSP programs and who have had a reoccurrence of impairment may be permitted a maximum of one additional admittance into the HPSP upon Board approval.

(4) If eligibility for HPSP is met, the Board will make the final determination if the licensee may be referred to HPSP or be placed on public discipline.

(5) Sections 3 and 4 of this paragraph do not apply to the self-referred licensee.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0025

Public Discipline

Public discipline is determined by the Board after deliberation of investigatory information. Once ordered for public discipline, there is no option for entry into HPSP. The requirements for Board ordered monitored practice are stated in the specific Board documents.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0030

Procedure for Board Referrals and Public Discipline

(1) The Board will review the report of the Investigator to determine if the licensee will be referred to the HPSP program or receive public discipline.

(2) A Board-referred licensee is enrolled in the program effective on the date the Board approves entry into the program.

(3) Upon final enrollment into the program, the vendor will notify the Board and the Board ends the ICO. The Board will dismiss, without prejudice, the complaint at the next Board meeting.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 2-2013, f. 2-28-13, cert. ef. 4-1-13; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0040

Procedure for Self-Referred Licensees

(1) Self-referred licensees may participate in the HPSP as permitted by ORS 676.190(5). Licensees with physical or cognitive impairment, without an associated Behavioral Diagnosis are not eligible to self-refer to HPSP.

(2) Once a self-referred licensee seeks enrollment in the HPSP, failure to complete final enrollment may constitute substantial non-compliance and may be reported to the Board.

(3) If self-referral has completed final enrollment to the HPSP and the Board opens an investigation on the licensee not related to substantial non-compliance, the licensee may continue in the HPSP program for the monitoring of safe practice until the Board has determined their ongoing eligibility or determined discipline.

(4) If a licensee voluntarily enters treatment without exhibiting an established danger to the public (such as workplace impairment, multiple DUII, etc.), without self-referral to HPSP, or has otherwise not had any Board reportable incidences, there is no requirement to report to the Board by the individual or the employer at the time of treatment or discovery that the licensee was in treatment, however, the licensee must disclose the treatment upon renewal of licensure.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 2-2013, f. 2-28-13, cert. ef. 4-1-13; BN 1-2014, f. 3-3-14, cert. ef. 4-1-14; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0045

Disqualification for Self-Referral to HPSP

(1) Reasonable expectation that a report will be made to the Board regarding work place impairment.

(2) Criminal activity involving injury or endangerment to others.

(3) A diagnosis requiring treatment because of sexual offenses or sexual misconduct.

(4) Pending or active investigations with the Board or Boards from other states.

(5) Previous failure to complete either the Nurse Monitoring Program or HPSP.

(6) Current participation in a monitoring program in another state.

(7) If during the safe practice investigation an issue is revealed that requires the HPSP program to report the issue to the Board.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0050

Disqualification Criteria for Board-Referral entry Into HPSP

In addition to the above, the Board may disqualify the licensee for entry into HPSP for factors including, but not limited to:

(1) Licensee’s disciplinary history;

(2) Extent to which licensee’s practice can be limited or managed to eliminate danger to the public;

(3) Likelihood that licensee’s impairment cannot be managed with treatment;

(4) Evidence of patient harm related to the impairment;

(5) Evidence of non-compliance with a monitoring program from other state; or

(6) Previous Board investigations with findings of substantiated abuse or neglect.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 2-2013, f. 2-28-13, cert. ef. 4-1-13; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0060

Approval of Independent Third-Party Evaluators

(1) To be approved by the Board as an independent third-party evaluator, an evaluator must:

(a) Be licensed as required by the jurisdiction in which the evaluator works;

(b) Have a minimum of a Master’s Degree in a mental health discipline;

(c) Provide evidence of additional education and experience as shown by one of the following:

(A) Department of Transportation Substance Abuse Professional qualification;

(B) Certified Alcohol and Drug Counselor (CADC) II or III; an evaluation done by a CADC 1 may be accepted if:

(i) Signed off by a CADC II or III; or

(ii) Per the Board evaluation process be qualified to perform the appropriate level of evaluation;

(C) Board Certified in Addiction Medicine by either ASAM or American Board of Psychiatry and Neurology.

(d) Provide evidence of assessments at the licensure level of the licensee being evaluated.

(e) The Board will not accept an evaluator as independent in a particular case if, in the Board’s judgment, the evaluator’s judgment is likely to be influenced by a personal or professional relationship with a licensee.

(f) If the evaluation does not contain return to work criteria, qualified Board staff or another third party evaluator will review the evaluation to determine the return to work criteria.

(2) Evaluation of cognitive or physical impairment may be established by a Licensed Independent Practitioner who has met their Licensing Board’s requirement for practice in the area of physical and cognitive assessment.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0070

Approval of Treatment Providers

(1) To be approved by the Board as a treatment provider, a provider must be:

(a) Licensed as required by the jurisdiction in which the provider works;

(b) Able to provide appropriate treatment considering licensee’s diagnosis, degree of impairment, level of licensure, and treatment options proposed by the treatment program or the independent third-party evaluator; and

(c) Able to obtain a urinalysis of the licensee at intake.

(2) The Board will not accept a provider as a treatment provider in a particular case if, in the Board’s judgment, the provider’s judgment is likely to be influenced by a personal or professional relationship with a licensee.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0075

Approval of Worksite Monitors for Both HPSP and Public Discipline

To be approved by the Board as a worksite monitor, a worksite monitor must be:

(1) Licensed as a registered nurse or other licensed health professional approved by the Board.

(2) Conduct routine observation/monitoring of licensee’s performance. The worksite monitor may be the supervisor if the supervisor can meet the observation requirements or this may be delegated by the supervisor to another licensed individual who meets the requirements.

(3) Provide evidence of specialized education relevant to the worksite monitor as approved by the Board.

(4) The worksite monitor must agree in writing to perform the worksite monitor role.

(5) The written report must be completed by the worksite supervisor with input from workplace monitors.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0080

Licensee Responsibilities for Self/Board referred 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.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 1-2014, f. 3-3-14, cert. ef. 4-1-14; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0090

Completion Requirements

(1) To complete the HPSP successfully, licensees with a substance use disorder and with a mental disorder, must have participated in the HPSP program for a minimum of four years and have worked for at least two years in a monitored practice. Licensees must complete the required two years of monitored practice within four years of entering the HPSP.

(2) To complete the HPSP successfully, licensees with a mental health disorder, but no substance use disorder, must have participated in the HPSP program for a minimum of two years and have worked for at least one year in a monitored practice. Licensees with a mental health disorder may be required to submit to random alcohol or drug testing only in cases when such testing is recommended by a third-party evaluator or Board order based on a diagnosis of substance use disorder. Licensees must complete the required year of monitored practice within two years of entering the Health Professionals’ Services Program.

(3) The Board may extend the time within which a licensee must complete monitored practice if the licensee has remained compliant with the program.

(4) A licensee who does not complete the required term of monitored practice will be discharged from the Health Professionals’ Services Program and may be subject to discipline.

(5) The time spent working in monitored practice before transferring from the Nurse Monitoring Program to the Health Professionals’ Services Program effective July 1, 2010, will be counted toward the required term of monitored practice.

(6) For probation, the licensee will be considered for completion as per Board order; however, the public discipline stays on the OSBN website for the life of the license.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 4-2012(Temp), f. & cert. ef. 4-26-12 thru 10-1-12; BN 13-2012, f. 7-6-12, cert. ef. 8-1-12; BN 1-2014, f. 3-3-14, cert. ef. 4-1-14; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

851-070-0100

Substantial Non-Compliance Criteria

(1) The HPSP will report substantial non-compliance to the Board within one business day after the HPSP learns of non-compliance, including but not limited to information that a licensee:

(a) Engaged in criminal behavior;

(b) Engaged in conduct that caused injury, death or harm to the public, including engaging in sexual impropriety with a patient;

(c) Was impaired in a health care setting in the course of the licensee’s employment;

(d) Received a positive toxicology test result as determined by federal regulations pertaining to drug testing or self report of unauthorized substance use;

(e) Violated a restriction on the licensee’s practice imposed by the HPSP or the licensee’s Board;

(f) Was civilly committed for mental illness or involuntary hospitalization;

(g) Entered into a monitoring agreement with HPSP, but failed to participate or discontinued participation in HPSP;

(h) Was referred to the HPSP, but failed to enroll in the HPSP;

(i) Forged, tampered with, or modified a prescription;

(j) Violated any rules of prescriptive/dispensing authority;

(k) Violated any provisions of OAR 851-070-0080;

(l) Violated any terms of the monitoring agreement; or

(m) Failed to complete the monitored practice requirements as stated in OAR 851-070-0090.

(2) The Board, upon being notified of a licensee’s substantial non-compliance will investigate and determine the appropriate sanction, which may include a limitation of licensee’s practice and any other sanction, up to and including termination from the HPSP and formal discipline.

(3) For Board Ordered discipline violation of any of the conditions of the final order is considered non-compliance and will be investigated and the appropriate sanction will be determined up to and including revocation of license or certificate.

Stat. Auth.: ORS 676.200
Stats. Implemented: ORS 676.200
Hist.: BN 6-2010(Temp), f. 6-23-10, cert. ef. 7-1-10 thru 12-28-10; BN 19-2010, f. & cert. ef. 12-2-10; BN 2-2013, f. 2-28-13, cert. ef. 4-1-13; BN 1-2014, f. 3-3-14, cert. ef. 4-1-14; BN 4-2016, f. 7-15-16, cert. ef. 8-1-16

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