(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 licensee’s practice imposed by the impaired health professional program established under ORS 676.190 or the licensee’s 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 licensee’s 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. [2009 c.697 §1; 2013 c.314 §6; 2013 c.367 §1; 2013 c.568 §19; 2017 c.155 §12a; 2017 c.499 §8; 2025 c.499 §4]