For the purpose of this section, the following definitions
(1) "Confidential" means that,
to the highest degree possible, the identities of the licensees investigated
for alleged addiction to, dependence upon, or abuse of alcohol, drugs, and mind
altering substances, or mental health disorders, and who have a diagnosed
substance abuse disorder or mental health disorder, will be kept confidential
by the Board and not be a matter of public record.
(2) "Diagnosis" means the principal mental
health or substance use diagnosis listed in the DSM. The diagnosis is
determined through the evaluation and any examinations, tests, or consultations
suggested by the evaluation, and is the medically appropriate reason for
(3) "Direct Observe"
means that a collection taker is in the restroom with donor and observes the
providing of the sample throughout the entire process.
(4) "Diversion Coordinator" means the
individual(s) authorized by the Board and the Executive Director to know the
identities of the licensees who are candidates for or who are enrolled in HPSP.
(5) "Division" means the Oregon
Health Authority, Addictions and Mental Health Division.
(6) "DSM" means the Diagnostic and
Statistical Manual of Mental Disorders, published by the American Psychiatric
means the process a Board approved, independent evaluator uses to diagnose the
licensee's symptoms and to recommend treatment options for the licensee.
(8) "Health Professionals'
Services Program" (HPSP) means the consolidated, statewide health professionals
program for licensees diagnosed with a substance use disorder, a mental health
disorder, or both types of disorders, as established by ORS
(9) "Independent evaluator" means a Board
approved individual or entity qualified to evaluate, diagnose, and recommend
treatment regimens for substance abuse disorders, mental health disorders, or
"Mental health 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 health disorder" includes
"Monitoring agreement" means an individualized agreement between a licensee and
the HPSP vendor that meets the requirements for a diversion agreement set by
(12) "Monitoring Entity" means an independent
third-party that monitors licensees' program enrollment statuses and monitoring
"Non-disciplinary" means the Board will not take disciplinary action or enter
disciplinary orders against a licensee who agrees to enter into the HPSP and
remains compliant with that program.
(14) "Non-identifying" means a system where
the licensee is referred to by number rather than name and the licensee's
identity remains confidential to the Board.
(15) "Program" means the process whereby
allegations of addiction to, dependence upon, or abuse of alcohol, drugs, or
mind altering substances or mental health disorders are investigated,
evaluated, and reported to the Board for action.
(16) "Substance Use Disorders" means
disorders related to the taking of a drug of abuse including alcohol, to the
side effects of a medication, and to a toxin exposure. The disorders include
substance use disorders such as substance dependence and substance abuse, and
substance-induced disorders, including substance intoxication, withdrawal,
delirium, and dementia, as well as substance induced psychotic disorder, mood
disorder, etc., as defined in DSM criteria.
(17) "Substantial non-compliance" means that
a licensee is in violation of the terms of his or her monitoring agreement in a
way that gives rise to concerns about the licensee's ability or willingness to
participate in the program. Substantial non-compliance and non-compliance
include, but are not limited to, the factors listed in ORS
Conduct that occurred before a licensee entered into a monitoring agreement
does not violate the terms of that monitoring agreement.
(18) "Successful completion" means the
licensee has complied with the licensee's monitoring agreement to the
satisfaction of the Board.
"Toxicology testing" means urine testing or alternative chemical monitoring
including, but not limited to blood, saliva, or breath as conducted by a
laboratory certified, accredited or licensed and approved for toxicology
(20) "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 health disorder or both types of
(21) "Vendor" means the
entity that has contracted with the Division to conduct the program.
(22) "Voluntary" means that the Board cannot
compel a licensee to enter the HPSP.