OAR 436-120-0840: Professional Standards for Providers and Counselors

(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; (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.