OAR 333-333-5140: Duty to Report Misconduct

(1) Any licensee, licensee representative or permittee who witnesses or becomes aware of licensee or permitted worker conduct involving a client or the manufacturing, testing, storage or transfer of psilocybin products that violates ORS chapter 475A or these rules, or any conduct that violates OAR 333-333-5120, must report that conduct to the Oregon Health Authority (Authority) within 24 hours. (2) Any licensee, licensee representative or permittee who witnesses or becomes aware of conduct that harms or potentially endangers a client must report that conduct to the Authority within 24 hours in a form and manner prescribed by the Authority. (3) Failure to report as required by sections (1) and (2) of this rule is a violation, separate from any violations that may have occurred as a result of the underlying conduct. (4) For purposes of this section “retaliate” means taking a negative action related to employment, contracting or the provision of services but does not include making ordinary business decisions that are unrelated to reports, cooperation or participation in an Authority investigation or hearing process. A licensee or permittee may not retaliate against an individual or entity on the basis that the individual or entity has: (a) Reported in good faith to the Authority that the licensee or permittee is alleged to have violated ORS chapter 475A or these rules; or (b) Cooperated or participated in an Authority investigation or hearing process. (5) This rule does not prevent service centers and facilitators from refusing to provide services to clients as described in ORS 475A.370