Chapter 4715-40 Quality Intervention Program (QUIP)

4715-40-01 Quality intervention program; Definitions.

As used in this chapter:

(A) "Licensee" or "License holder" is an individual holding a current valid license issued by the board to practice as a dentist, dental hygienist, or dental assistant radiographer in accordance with sections 4715.09 to 4715.58 of the Revised Code.

(B) "Educational provider" is one designated by the board to provide evaluation, education, and/or remediation pursuant to section 4715.031 of the Revised Code and is one of the following:

(1) An entity or organization that has been approved by the Ohio state dental board in accordance with rules 4715-8-02 and 4715-8-03 of the Administrative Code; and/or

(2) An educational institution or program that is both acceptable to the board and accredited by an accrediting agency recognized by the United States office of education; and/or

(3) A hospital accredited by the joint commission on accreditation of healthcare organizations (JCAHO); and/or

(4) A college or university with an accredited school of dentistry or dental hygiene program and/or community college with approved dental hygiene programs, when the educational program is held under the auspices of the school of dentistry or dental hygiene, or dental hygiene program; and/or

(5) A state board or agency that regulates health care providers when education and/or remediation approved or accepted by the board or agency contains content that has been prescribed by the Ohio state dental board for a participant in the quality intervention program.

(C) "Participant" is a licensee undergoing education and/or remediation in the quality intervention program.

(D) "Participatory agreement" is a confidential, voluntary, written contract executed by a licensee and the quality intervention program (QUIP) which includes, but is not limited to, the following:

(1) Stipulation of the licensee's identified practice deficiency; and

(2) Consent of the licensee to participate in the education and/or remediation process required by the board; and

(3) Consent by the licensee that allows the release to QUIP of all information pertaining to the licensee's education and/or remedition process; and

(4) A provision whereby the failure to complete the program shall result in commencement of disciplinary proceedings against the licensee by the board under section 4715.03 of the Revised Code.

(E) "Quaility intervention program" or "QUIP" is the program authorized by section 4715.031 of the Revised Code that allows the board to toll disciplinary action against a licensee who has a practice deficiency that has been identified by the board through an initial investigation conducted under division (D) of section 4715.03 of the Revised Code.

(F) "Practice deficiency" is a practice activity that fails to conform to the accepted standards for the profession.

(G) "Remediation" is a prescribed educational intervention that is designed to restore an identified practice deficiency of a licensee to conformity with the accepted standards of the profession. Remediation includes, but is not limited to, successful demonstration by the licensee that the learned knowledge and skills have been incorporated into the licensee's practice.

Eff 5-15-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 4715.031
Rule amplifies: RC 4715.031
R.C. 119.032 review dates: 05/14/2008

4715-40-02 Process and criteria to use when identifying an individual's practice deficiency.

(A) The board shall investigate, in accordance with division (D) of section 4715.03 of the Revised Code, evidence that appears to show that a licensee has failed to practice in accordance with acceptable standards of safe practice as set forth in Chapter 4715. of the Revised Code.

(B) The board shall review the evidence obtained during its initial investigation to determine whether the licensee's identified practice deficiency can be corrected through participation in the quality intervention program (QUIP) rather than through formal disciplinary action. Criteria to use when making this determination include, but are not limited to, the following:

(1) Whether the public will be adequately protected from unsafe practice if the licensee enters QUIP;

(2) Whether the licensee's practice deficiency resulted in harm or other untoward outcome for the patient;

(3) The likelihood that the identified practice deficiency at issue is a deficiency that can be corrected through education and/or remediation;

(4) The extent of the licensee's cooperation with the board during the investigation;

(5) Whether the licensee's identified practice deficiency represented an intentional or willful commission or omission by the licensee;

(6) The frequency of the occurrence of the identified practice deficiency;

(7) The adverse impact of the identified practice deficiency on others;

(8) Whether the identified practice deficiency affected a particularly vulnerable patient;

(9) Whether the licensee is eligible for participation in QUIP in accordance with rule 4715-40-03 of the Administrative Code; and

(10) Whether the licensee has a mental or physical impairment that contributed to the practice deficiency.

(C) When the board has reason to believe, after an initial investigation and review of the evidence, that the licensee's identified practice deficiency can be successfully corrected through participation in QUIP, the board may toll disciplinary action provided the licensee enters into an agreement with QUIP in accordance with rule 4715-40-04 of the Administrative Code.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.031
Rule Amplifies: 4715.031
Prior Effective Dates: 05/15/03

4715-40-03 Eligibility requirements for participation in the quality intervention program (QUIP).

(A) An individual may participate in the quality intervention program if all of the following apply;

(1) The board determines that the public will be adequately protected from unsafe practice if the licensee enters QUIP;

(2) The individual has not been the subject of formal disciplinary action by any regulatory board or entity located in Ohio or in another jurisdiction, unless the board determines that the previous disciplinary action was for a violation which should not preclude participation in QUIP;

(3) The individual is not concurrently under investigation by the board for violation of Chapter 4715. of the Revised Code or the rules of the board which does not constitute a practice deficiency;

(4) The individual can provide documentation satisfactory to the board of having completed the continuing education required by Chapter 4715. of the Revised Code and the rules of the board for a period of time not to exceed the three years immediately preceding consideration of the eligibility for QUIP;

(5) The board determines that the nature of the individual's identified practice deficiency is such that it may be corrected through education and/or remediation;

(6) The individual holds a current valid license issued by the board;

(7) The individual is eligible to renew the license issued by the board;

(8) The board has determined that the licensee does not have any identified impairment that would significantly affect learning abilities or the ability of the licensee to incorporate learned knowledge and skills into the licensee's practice; and

(9) The individual agrees in writing to be considered for participation in QUIP.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.031
Rule Amplifies: 4715.031
Prior Effective Dates: 05/15/03

4715-40-04 Provisions of the participatory agreement for the quality intervention program (QUIP).

(A) When a licensee has been determined by the board to be eligible for the quality intervention program (QUIP), in accordance with rules 4715-40-02 and 4715-40-03 of the Administrative Code, the licensee shall execute a participatory agreement with the board for the QUIP program which includes, but is not limited to, provisions which;

(1) Set forth the identified practice deficiency;

(2) Identify the specific education and/or remediation the participant must complete, including identification of educational provider(s) that will provide the prescribed educational intervention;

(3) Specify the time frame during which the participant must agree to abide by the recommendations set forth by the educational provider(s) that will provide the prescribed educational intervention;

(4) Require the participant to pay all expenses the participant incurs as a result of the required education and/or remediation;

(5) Require the participant to cooperate with any QUIP-related entity, including, but not limited to, the educational provider(s) utilized by the board;

(6) Require the participant to cause any educational provider(s) to send written progress reports regarding the participant's progress in education and/or remedication to QUIP at specified intervals;

(7) Require the participant to sign any and all waivers necessary to secure all reports required by QUIP;

(8) Require the participant to submit a written personal progress report containing the information required to QUIP at specified intervals;

(9) Require the participant to meet in person with a QUIP representative and/or QUIP panel at specified intervals;

(10) Require the participant to obey all federal, state, and local laws, including, but not limited to, all laws and rules regulating dental, dental hygiene, or dental assistant radiography practice in Ohio;

(11) Specify that the prescribed education and/or remediation intervention may not be used to satisfy the continuing education requirements for licensure renewal set forth in Chapter 4715. of the Revised Code and the rules of the board;

(12) Specify the terms and conditions the participant must meet to successfully complete the education and/or remediation, including, but not limited to, the time frames for completing both the educational and/or monitoring components of the education and/or remediation; and

(13) Set forth the grounds for termination from QUIP.

(B) A licensee determined by the board to be eligible for QUIP who refuses to enter into the participatory agreement set forth in this rule within the time frame specified by QUIP shall be subject to disciplinary action for practice deficiency in accordance with section 4715.30 of the Revised Code.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.031
Rule Amplifies: 4715.031
Prior Effective Dates: 05/15/03

4715-40-05 Grounds for termination from the quality intervention program (QUIP).

(A) A licensee determined by the board to have a practice deficiency that may be corrected through participation in the quality intervention program (QUIP) may be terminated from QUIP for any of the following:

(1) Failure to comply with any term of the participatory agreement entered into by the participant:

(2) Receipt of evidence from the educational provider indicating that the participant has failed to progress through or to successfully complete the education and/or remediation in the manner and during the time frame prescribed by the board:

(3) Receipt of evidence indicating that the participant has failed to incorporate learned knowledge and skills into practice or has continued to demonstrate the practice deficiency:

(4) Failure to complete the education and/or remediation; or

(5) Failure to maintain eligibility for QUIP.

(B) When a licensee is terminated from QUIP for one of the reasons specified in paragraph (A) of this rule, the board shall continue with disciplinary proceedings in accordance with Chapter 4715.30 of the Revised Code. The board may consider paragraphs (E)(2) and (E)(3) of rule 4715-40-07 of the Administrative Code when determining the discipline to be imposed.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.031
Rule Amplifies: 4715.031
Prior Effective Dates: 05/15/03

4715-40-06 Requirements for educational provider(s) offering remediation for the quality intervention program (QUIP).

(A) The board shall utilize educational provider(s) as defined in paragraph (B) of rule 4715-40-01 of the Administrative Code to provide the education and/or remediation recommended for a participant in the quality intervention program (QUIP).

(B) Prior to the participant's entry into the intended education and/or remediation, the educational provider(s) selected shall provide to QUIP the proposed education and/or remediation program which includes, but is not limited to, the following:

(1) An outline of the education and/or remediation program content;

(2) The number of didactic hours, if applicable;

(3) The number of clinical hours, if applicable;

(4) The education and/or remediation program description;

(5) The method of evaluation;

(6) The projected time frame for completing the education and/or remediation program;

(C) The educational provider(s) shall:

(1) Maintain the confidentiality of the participant's participation in QUIP and of all records associated with the participant's specific educational intervention;

(2) Timely review the information provided by QUIP which sets forth the specific prescribed educational intervention needed by the participant;

(3) Report to QUIP regarding the participant's progress in education and/or remediation at the intervals specified by QUIP;

(4) Notify QUIP in writing within five days of the occurance of any of the following:

(a) Failure of the participant to satisfactorily progress through the educational intervention in the manner and during the time frame prescribed by the board; or

(b) Failure of the participant to successfully complete the prescribed educational intervention; or

(c) The participant's termination from the intervention.

When notification is provided to QUIP in accordance with this paragraph, the educational provider(s) shall provide to QUIP, within fourteen days after notification, evidence which documents the participant's failure to progress through, completion of, or termination of the prescribed educational intervention.

(5) Provide written verification to QUIP when the participant successfully completes the educational intervention; and

(6) Provide a means acceptable to the board for the participant to complete the educational intervention if the provider ceases to provide the intervention.

(D) An educational provider that has agreed to offer educational interventions shall notify QUIP of its planned intent to cease providing interventions six months immediately prior to the scheduled termination.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.031
Rule Amplifies: 4715.031
Prior Effective Dates: 05/15/03

4715-40-07 Terms and conditions a participant must meet to successfully complete the quality intervention program (QUIP).

(A) A licensee who is eligible to participate in the quality intervention program (QUIP) shall enter into a participatory agreement, as set forth in rule 4715-40-04 of the Administrative Code, and shall comply with all the terms and conditions set forth in the agreement.

(B) A participant shall provide or cause to be provided to QUIP a written report from the educational provider(s) stating that the participant has successfully completed the educational intervention.

(C) Upon receipt of the written report required by paragraph (B) of this rule, the QUIP panel shall review all information relevant to the participant's education and/or remediation to make a recommendation to the board as to whether the participant's practice as a dentist, dental hygienist, or dental assistant radiographer meets the accepted standards for the profession.

(D) When the board or its designee determines that the licensee's identified practice deficiency has been sufficiently corrected so as to conform to the accepted standards for the profession, the board shall notify the participant in writing that the education and/or remediation has been successfully completed and participation in QUIP is concluded.

(E) The board shall continue with proceedings in accordance with division (D) of section 4715.03 of the Revised Code upon receipt of a report from QUIP that indicates:

(1) Refusal of the licensee to participate in or to execute the participatory agreement set forth in rule 4715-40-04 of the Administrative Code; or

(2) Failure of the licensee to satisfactorily progress or successfully complete the education and/or remediation program; or

(3) Termination from the education and/or remediation program as set forth in rule 4715-40-05 of the Administrative Code.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.031
Rule Amplifies: 4715.031
Prior Effective Dates: 05/15/03

4715-40-08 Confidentiality of records for the quality intervention program (QUIP).

(A) Information obtained by the quality intervention program (QUIP) pursuant to an investigation conducted in accordance with sections 4715.03 and 4715.031 of the Revised Code shall be confidential pursuant to section 4715.03(D) of the Revised Code.

(B) All records regarding an individual's participation in QUIP are confidential pursuant to section 4715.03(D) of the Revised Code. These records may be used by the board in subsequent disciplinary proceedings involving the same or similar conduct, pursuant to rule 4715-15-22 of the Administrative Code.

(C) All educational providers selected to provide education and/or remediation for a participant in QUIP shall maintain the confidentiality of all records regarding the participant's education and/or remediation, except that such records shall be shared with the QUIP panel and the board.

R.C. 119.032 review dates: 11/12/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4715.031
Rule Amplifies: 4715.031
Prior Effective Dates: 05/15/03