Oregon Administrative Rules
Chapter 436 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, WORKERS' COMPENSATION DIVISION
Division 120 - VOCATIONAL ASSISTANCE TO INJURED WORKERS
Section 436-120-0840 - Professional Standards for Providers and Counselors
Universal Citation: OR Admin Rules 436-120-0840
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Providers and counselors must:
(a) Determine eligibility and provide
assistance in an objective manner not subject to any conditions other than
those prescribed in these rules;
(b) Fully inform the worker of the categories
and kinds of vocational assistance under OAR 436-120 and re-employment
assistance under OAR 436-110;
(c)
Document all case activities in legible file notes or reports;
(d) Provide only vocationally relevant
information about workers in written and oral reports;
(e) Recommend workers only for suitable
employment;
(f) Fully inform the
worker of the purpose and results of all testing and evaluations; and
(g) Comply with generally accepted
standards of conduct in the vocational rehabilitation profession.
(2) Providers and counselors may not:
(a) Provide evaluations or assistance if
there is a conflict of interest or prejudice concerning the worker;
(b) Enter into any relationship with the
worker to promote personal gain or the gain of a person or organization in
which the provider or counselor has an interest;
(c) Engage in or tolerate sexual harassment
of a worker. "Sexual harassment" means deliberate or repeated comments,
gestures, or physical contact of a sexual nature;
(d) Violate any applicable state or federal
civil rights law;
(e) Commit
fraud, misrepresent, or make a serious error or omission in connection with an
application for registration or certification;
(f) Commit fraud, misrepresent, or make a
serious error or omission in connection with a report or return-to-work plan or
the vocational assistance activities or responsibilities of a provider under
OAR chapter 436;
(g) Engage in
collusion to withhold information, or submit false or misleading information
relevant to the determination of eligibility or provision of vocational
assistance;
(h) Engage in
collusion to violate these rules or other rules of the department, or any
policies, guidelines, or procedures issued by the director;
(i) Fail to comply with an order of the
director to provide specific vocational assistance, except as provided in ORS
656.313; or
(j) Instruct any individual to make decisions
or engage in behavior that is contrary to the requirements of these
rules.
Stat. Auth.: ORS 656.340(9) & 656.726(4)
Stats. Implemented: ORS 656.313, 656.340
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