OAR 847-065-0065. Substantial Non-Compliance Criteria

(1) The contractor will report substantial non-compliance with a monitoring agreement to the Board within one business day after the contractor learns of the substantial 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; (e) Violated a restriction on the license’s practice imposed by the contractor or the Board; (f) Was civilly committed for mental illness; (g) Entered into a monitoring agreement, but failed to participate in the 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 authority; (k) Violated any provisions of OAR 847-065-0055; (l) Violated any terms of the monitoring agreement; or (m) Failed to complete the monitored practice requirements as stated in OAR 847-065-0060. (2) The Board will review reports from the program. The Board may request the contractor to provide the licensee’s complete record, and the contractor must send these records to the Board as long as a valid release of information is in place. (3) If the Board conducts an investigation and finds that a licensee has been substantially non-compliant with a monitoring agreement, the Board may pursue disciplinary action in accordance with ORS 677.200.