4723-6-03 Terms and conditions a participant must meet to successfully complete the alternative program for chemical dependency.

(A) The participant shall enter into an agreement with the program and shall comply with all of the terms and conditions of the participant's agreement for the time period specified in the agreement.

(B) The agreement may include the following:

(1) A requirement that the participant:

(a) Enter substance use disorder treatment in an approved treatment program no later than thirty days from the execution of the agreement; and

(b) Comply with all requirements of the participant's substance use disorder treatment plan;

(2) A requirement that the participant cause the treatment provider to submit documentation acceptable to the program of the participant's compliance with the participant's chemical dependency treatment plan;

(3) A requirement that the participant abstain from the use of alcohol, drugs of abuse, and controlled substances, except for the participant's time limited use of drugs of abuse and controlled substances prescribed by the participant's treating practitioner with knowledge of the participant's substance use disorder and treatment plan ;

(4) A requirement that the participant cause all treating healthcare providers who authorize, prescribe or administer medication with respect to the participant, including but not limited to drugs of abuse, to submit documentation regarding the medication to the program, in the manner specified in the agreement;

(5) A requirement that the participant, when using medications according to paragraphs (B)(3) and (B)(4) of this rule, cease working in any position that requires a nursing license or dialysis technician certificate or intern certificate, or as a certified community health worker.

(6) A requirement that the participant inform any and all treating healthcare practitioners of the participant's substance use disorder and recovery status prior to receiving treatment and prescriptions;

(7) A requirement that the participant cause any and all healthcare practitioners, substance use disorder treatment providers, and counselors to provide progress reports to the program at the intervals specified in the participant's agreement;

(8) A requirement that the participant submit to random alcohol and drug screens when requested by the program, and that the participant comply with all requirements of random alcohol and drug screening as specified in the agreement;

(9) A requirement that the participant attend support , peer group, or twelve-step group meetings as specified in the participant's agreement, and that the participant verify attendance at these meetings by signature of a group leader or meeting representative and submit such signatures to the program using the meeting form provided by the program;

(10) A requirement that the participant comply with the employment restrictions specified by the participant's participatory agreement and terms and conditions of employment as executed at the time of employment approval by the program. The restrictions may include, but are not limited to:

(a) Work schedule restrictions;

(b) Work site supervision restrictions, such as work site monitors;

(c) Restrictions against administering and having access to alcohol or products containing alcohol, excluding topically applied alcohol-based products used for disinfection purposes, controlled substances, and drugs of abuse; and

(d) Practice setting or client restrictions;

(11) A requirement that the participant sign waivers required by division (E) of section 4723.35 of the Revised Code, and that the participant also sign waivers permitting the program to receive or release information necessary to properly facilitate the monitoring of the participant's progress in their recovery from substance use disorder and their compliance with their program requirements. The information may be released to or received from persons, including, but not limited to, employers, probation officers, law enforcement agencies, peer assistance programs, substance use disorder treatment providers, healthcare practitioners, government agencies, or court officials. No person with knowledge of any information disclosed by the program pursuant to this paragraph shall divulge the information to any other person.

(12) A requirement that the participant return to employment in a position that requires a nursing license or dialysis technician certificate or intern certificate, or as a community health worker, while under the terms of the agreement, and continue in that employment, or other employment requiring licensure or certification, for an aggregate period of at least one year of full-time employment, prior to being considered for release from the terms and conditions of the agreement;

(13) A requirement that the participant be responsible for all costs to the participant resulting from the participant's program requirements. All costs incurred by the participant resulting from the participant's participation in the program are wholly between the participant and any person providing the services according to the program requirements. None of the costs incurred by the participant shall be charged to the program and the program assumes no liability for any costs incurred by the participant in paying all costs;

(14) A requirement that the participant submit a written personal report to the program at the intervals specified by the participant's agreement;

(15) A requirement that the participant meet in person with a program representative at the intervals specified by the participant's agreement;

(16) A requirement that the participant obey all federal, state, and local laws and rules including, but not limited to, all laws and rules regulating the practice of nursing or dialysis care in Ohio; and

(17) A requirement that the participant comply with all requirements specified in the participant's agreement that the program determines are necessary to ensure effective monitoring of the participant's compliance with program requirements and that the public is adequately protected from unsafe practice.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/17/2013 and 10/15/2018
Promulgated Under: 119.03
Statutory Authority: 4723.07 , 4723.35
Rule Amplifies: 4723.35
Prior Effective Dates: 04/01/1997, 04/01/1999, 02/01/2001, 02/01/2003, 02/01/2004, 02/01/2009