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Ohio Laws and Rules
As used in this chapter:
(A) “Agreement” means a voluntary, written contract between an individual and the alternative program for chemical dependency stipulating the individual’s consent to comply with the terms and conditions of the program specified in section 4723.35 of the Revised Code, this chapter, and any other terms and conditions determined necessary by the program to ensure that the individual is able to practice pursuant to Chapter 4723. of the Revised Code in accordance with acceptable standards of safe care.
(B) “Approved treatment program” means an alcoholism or drug treatment program which is either certified by the appropriate state agency or is accredited by the “Joint Commission on Accreditation of Health Care Organizations” or JCAHO.
(C) “Chemical dependency” means either of the following:
(1) The chronic and habitual use of alcoholic beverages to the extent that the user no longer can control the use of alcohol; or the user’s health, safety, or welfare or that of others is endangered; or
(2) The use of a drug of abuse, to the extent that the user becomes physically or psychologically dependent on the drug; or the user’s health, safety, or welfare or that of others is endangered.
(D) “Drug of abuse” has the same meaning as in section 3719.011 of the Revised Code, and includes any controlled substance as defined in section 3719.01 of the Revised Code, any harmful intoxicant as defined in section 2925.01 of the Revised Code, or any dangerous drug as defined in section 4729.01 of the Revised Code.
(E) “Person” includes, without limitation, a natural person, a corporation, whether nonprofit or for profit, a partnership, a limited liability company, an unincorporated society or association, or two or more persons having a joint or common interest.
(F) “Practitioner” means the following:
(1) A person who is licensed pursuant to Chapter 4715., 4731., or 4741., of the Revised Code and authorized by law to write prescriptions for drugs or dangerous drugs; or
(2) A clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner who holds a certificate to prescribe drugs and therapeutic devices in collaboration with one or more physicians or podiatrists in accordance with section 4723.48 of the Revised Code.
(G) “Program” means the unit of the board responsible for administering the alternative program for chemical dependency established by section 4723.35 of the Revised Code.
(H) “Random alcohol and drug screen” means a laboratory or breathalyzer test administered at an irregular interval not known in advance by the individual to be tested to detect the presence of alcohol, drugs of abuse, or other mood altering substances in the individual’s body fluids, breath, or hair.
(I) “Support group” means individuals who hold licenses or certificates issued under Chapter 4723. of the Revised Code who meet regularly to discuss practice issues related to recovery and to provide chemical dependency support for its members.
(J) “Treatment provider” means the person rendering alcoholism or drug treatment in an approved treatment program to an individual participating in the alternative program for chemical dependency.
(K) “Twelve-step meeting” means a meeting sponsored by a group such as alcoholics anonymous, narcotics anonymous, or a related organization which addresses chemical dependency issues and promotes a philosophy of peer group support, self-help, and anonymity, and is based on an abstinence model of recovery.
Effective: 02/01/2009
R.C. 119.032 review dates: 10/16/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 4723.07, 4723.35
Rule Amplifies: 4723.35
Prior Effective Dates: 4/1/1997, 4/1/1998, 4/1/1999, 2/1/2001, 2/1/2003, 2/1/2004