4723-18-02 Process and criteria to use when identifying an individual's practice deficiency.

(A) The board shall investigate, in accordance with section 4723.28 of the Revised Code, evidence that appears to show that a licensee or certificate holder has failed to practice in accordance with acceptable standards of safe practice as set forth in Chapter 4723-4 of the Administrative Code, rules 4723-8-02, 4723-9-08, and 4723-9-09 of the Administrative Code, or rules 4723-23-12 and 4723-23-14 of the Administrative Code.

(B) The supervising member shall review the evidence obtained during the investigation to determine whether the licensee's or certificate holder's identified practice deficiency can be corrected through participation in the practice intervention and improvement program (PIIP) 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 or certificate holder enters PIIP;

(2) Whether the licensee's or certificate holder'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 remediation;

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

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

(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 or certificate holder is eligible for participation in PIIP in accordance with rule 4723-18-03 of the Administrative Code; and

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

(C) When the supervising member has reason to believe, after an investigation and review of evidence, that the licensee's or certificate holder's identified practice deficiency can be successfully corrected through participation in PIIP, the board may abstain from taking disciplinary action provided the licensee or certificate holder enters into an agreement with PIIP in accordance with rule 4723-18-04 of the Administrative Code, complies with the terms and conditions of PIIP, and successfully completes PIIP.

Effective: 02/01/2007
R.C. 119.032 review dates: 10/16/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 4723.07, 4723.282
Rule Amplifies: 4723.282
Prior Effective Dates: 2/1/01