DIVISION 35
IMPAIRED PROFESSIONAL PROGRAM
877-035-0000
Establishment of Program for Impaired Clinical Social Workers
(1) The board is required by ORS 675.600(1)(c) to: “Establish a program for impaired clinical social workers to assist licensed clinical social workers to regain or retain their certification or licensure and impose the requirement of participation as a condition to reissuance or retention of the certificate or license;” The board’s program is described in this division of rules.
(2) Impaired clinical social worker is defined in ORS 675.510(4) as “a person unable to perform the practice of clinical social work by reason of mental illness, physical illness or alcohol or other drug abuse.”
Stat.
Auth.: ORS 675.510 - 675.600 & 675.900
Stats.
Implemented: ORS 675.510 - 675.600 & 675.900
Hist.:
BCSW 1-1990, f. & cert. ef. 4-20-90; BCSW 2-1991, f. & cert. ef. 5-30-91;
BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09
877-035-0010
Identification and Rehabilitation
(1) A Licensed Clinical Social Worker or Clinical Social Work Associate knowing of a Licensed Clinical Social Worker or a Clinical Social Work Associate whose behavior or practice fails to meet professional standards for the level at which the social worker is certified or licensed, must report the social worker to the person in the work setting who has authority to institute corrective action. In the event that the Licensed Clinical Social Worker has no direct supervisor, this report must be made to the Board of Clinical Social Workers.
(2) Any Licensed Clinical Social Worker or Clinical Social Work Associate who has knowledge or concern that the Licensed Clinical Social Worker or Clinical Social Work Associate's behavior or practice presents potential for or actual danger to the public health, safety, and welfare, must report or cause a report to be made to the Board of Clinical Social Workers. Failure of any Licensed Clinical Social Worker or Clinical Social Work Associate to comply with this reporting requirement may in itself constitute a violation of clinical social work standards.
Stat.
Auth.: ORS 675.510 - 675.600, 675.900 & 675.990
Stats.
Implemented: ORS 675.583
Hist.:
BCSW 1-1990, f. & cert. ef. 4-20-90; BCSW 2-1991, f. & cert. ef. 5-30-91;
BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-2001, f. & cert. ef. 5-4-01;
BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09
877-035-0012
Confidentiality of Information Supplied to the Board
The records and proceedings compiled by the board in regard to an impaired clinical social worker, including the record of treatment received by the clinical social worker, are confidential and shall not be disclosed to the public as required by ORS 676.175 and other applicable law; provided, however, all such information may be disclosed when the disclosure is made consistently with 676.175, 676.177, and other applicable law.
Stat.
Auth.: ORS 675.510 - 675.600 & 675.900
Stats.
Implemented: ORS 675.510 - 675.600 & 675.900
Hist.:
BCSW 1-1990, f. & cert. ef. 4-20-90; BCSW 2-1991, f. & cert. ef. 5-30-91;
BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 2-2005, f. & cert. ef. 12-22-05;
BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09
877-035-0013
Criteria which Disqualify People from Program
Criteria which disqualify Licensed Clinical Social Workers or Clinical Social Work Associates from involvement in the Impaired Professional Program are:
(1) Criminal history involving injury/endangerment;
(2) Sale or manufacture of illegal substances;
(3) Sexual offenders;
(4) Three previous disciplines from the board.
Stat.
Auth.: ORS 675.510 - 675.600 & 675.900
Stats.
Implemented: ORS 675.510 - 675.600 & 675.900
Hist.:
BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2009, f. 6-15-09, cert. ef. 7-1-09
877-035-0015
Procedure for Evaluation of Possible Impairment
(1) On its own motion or upon complaint by any person the board may require a person licensed or certificated under ORS 675.510 et seq. to undergo evaluation to determine if the person is an impaired clinical social worker.
(2) In order to determine whether a clinical social worker is impaired, the board may require the person:
(a) To cooperate with an evaluation ordered by the board.
(b) To enter a rehabilitation program or ongoing monitoring recognized by the board.
(c) To sign a release allowing the board to fully communicate with the rehabilitation program regarding the clinical social worker's progress or lack thereof.
(d) To complete a rehabilitation program or participate in monitoring required by the board.
(3) The evaluation referred to in section (1) of this rule will be performed by a drug and evaluation center or professional of the board's choosing. The evaluator shall have access to all material regarding the clinical social worker in the board's files and will have additional authority to contact all persons who have previously communicated to the board regarding the alleged impaired status of the Clinical Social Work Associate or Licensed Clinical Social Worker.
Stat.
Auth.: ORS 675.510 - 675.600 & 675.900
Stats.
Implemented: ORS 675.510 - 675.600 & 675.900
Hist.:
BCSW 1-1990, f. & cert. ef. 4-20-90; BCSW 2-1991, f. & cert. ef. 5-30-91;
BCSW 1-1997, f. & cert. ef. 3-25-97; BCSW 1-2005(Temp), f. 9-15-05, cert. ef.
10-1-05 thru 3-30-06; BCSW 2-2005, f. & cert. ef. 12-22-05; BCSW 1-2009, f.
6-15-09, cert. ef. 7-1-09
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