ORS 676.185: Definitions for ORS 676.185 to 676.200.

As used in ORS 676.185 to 676.200:

      (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.