Chapter 4729-6 Impaired Pharmacists

4729-6-01 Definitions; impaired pharmacists.

As used in Chapter 4729-6 of the Administrative Code:

(A) "Substance abuse/chemical dependency" means a condition involving the use of alcohol or other drugs to a degree that it interferes in the functional life of the licensee, as manifested by physical health, family, job, legal, financial, or emotional/psychiatric problems.

(B) "Impaired pharmacist" means a pharmacist who, because of his/her use of psychoactive substances, is unable to practice pharmacy with requisite judgment, skill, competence, or safety to the public.

(C) "Approved treatment provider" means a designated treatment program pursuant to section 4729.18 of the Revised Code and rule 4729-6-03 of the Administrative Code.

(D) "Limited approved treatment provider" means a board approved and designated treatment program pursuant to section 4729.18 of the Revised Code and rule 4729-6-05 of the Administrative Code.

(E) "Intervenor" means a person who participates in a process whereby a pharmacist alleged to be impaired is confronted to evaluate the presence of impairment and, if indicated, who refers the pharmacist for assessment and treatment of the problem.

(F) "Referral for assessment" means a process whereby an intervenor who has reason to believe that a pharmacist is impaired directs that individual to be examined for diagnosis and treatment.

(G) "Treatment assessor" means an individual who is licensed under Chapter 4731. of the Revised Code as a doctor of medicine or a doctor of osteopathic medicine and surgery and who is a certified addictionist or an individual who is certified by the Ohio department of mental health and addiction services as a certified chemical dependency counselor 3 or 2 pursuant to division 3793:2 of the Administrative Code and who by training and experience can make an assessment of a pharmacist's impairment.

(H) "Individualized treatment plan" is a written document which shall provide for inpatient treatment, outpatient treatment, family therapy, psychotherapy, professional support groups, twelve-step programs, aftercare including support and self-help groups, monitoring programs consisting of random, chain of evidence drug screens, and work site review. The above services and other services may be determined by an approved treatment provider.

(I) "Treatment contract" means the document which outlines the individualized treatment plan, the requirement to cease practice, the requirement for compliance by the impaired pharmacist, and the requirement for notification of the board for non-compliance or relapse pursuant to section 4729.18 of the Revised Code.

(J) "Inpatient treatment" shall consist of placing the pharmacist in an approved treatment provider facility that will provide lodging and food, as well as care and treatment for detoxification and rehabilitation as indicated by the treatment contract.

(K) "Outpatient treatment" shall consist of the pharmacist not residing in an inpatient treatment facility but who is participating in aftercare, twelve-step programs, professional support group (if available), and monitoring programs consisting of random, chain of evidence drug screens and work site review, to establish compliance.

(L) "Responsible person" for an approved treatment provider or limited approved treatment provider is an individual who shall be in full and actual charge of the treatment program; including but not limited to, assuring the provider has the necessary facilities and personnel to provide services, maintaining records, and notification of the board when required.

(M) "Twelve-step program" is a self-help program such as Alcoholics Anonymous or Narcotics Anonymous which the individual shall be required to personally attend. The minimum attendance required shall not be less than three documented meetings each week.

(N) "Aftercare" is a counselor-facilitated group meeting which directly responds to problems relating to the ongoing treatment and monitoring of the pharmacist's sobriety, and should extend for a minimum of six months.

(O) "Professional support group" is a group of peers meeting to discuss the problems specific to recovery and re-entry to practice of the licensed professional.

(P) "Relapse" means a positive drug screen or a return to a pattern of impairment activities which affects the pharmacist's ability to practice.

Effective: 08/22/2014
R.C. 119.032 review dates: 11/15/2016
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26
Rule Amplifies: 3719.121 , 4729.01 , 4729.18
Prior Effective Dates: 7/1/92, 2/1/02, 4/27/07

4729-6-02 Applicability.

(A) No person, except a licensed approved treatment provider, shall purport to be or operate as a treatment facility for the purpose of administering care in the detoxification and rehabilitation of an impaired pharmacist.

(B) The rules in Chapter 4729-6 of the Administrative Code are applicable to all licensed pharmacists, pharmacy interns, and any other board licensees. For the purposes of this chapter only, the word "pharmacist" shall include pharmacy interns and other individuals licensed by the board.

(C) Should the board have reason to believe that a pharmacist suffers from impairment because of conduct or behavior committed or displayed by the pharmacist, the board may compel the individual to be examined by an approved treatment provider. If the pharmacist fails to submit to an assessment as ordered by the board, or if the assessment discloses impairment, or if there is an admission of impairment, or if the board has other reliable, substantial, and probative evidence demonstrating impairment, the board may:

(1) Refer the licensee for treatment;

(2) Initiate action against the licensee pursuant to Chapter 119. of the Revised Code;

(3) Summarily suspend the license of a pharmacist pursuant to rule 4729-6-10 of the Administrative Code if the licensee's continued practice poses a danger of immediate and serious harm to others.

(D) Before being eligible to apply for reinstatement of a license suspended because of impairment, the pharmacist must demonstrate to the board that he/she possesses the requisite judgment, skill, and competence to ensure public safety in the practice of pharmacy. Such demonstration shall include but not be limited to the following:

(1) Certification from an approved treatment provider that the pharmacist:

(a) Has signed a treatment contract and is participating in and complying with an individualized treatment plan;

(b) Has successfully completed the required inpatient treatment;

(c) Is actively participating in an outpatient treatment program;

(d) Has been shown to be alcohol and drug free by random, chain of evidence drug screens for a period of time as determined by the board at the time of the suspension;

(e) Has been evaluated by an approved treatment provider who has made a clear determination, documented in a written statement, that the pharmacist is capable of practicing.

(2) Certification that the pharmacist has met all requirements of the board order and satisfactory evidence has been submitted to the board, including but not limited to:

(a) A copy of the signed and agreed to treatment contract;

(b) Written reports and documentation from the approved treatment program;

(c) Written reports from the pharmacist describing progress towards recovery.

R.C. 119.032 review dates: 11/22/2011 and 11/15/2016
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26
Rule Amplifies: 3719.121 , 4729.18
Prior Effective Dates: 7/1/92, 2/1/02

4729-6-03 Requirements for approved treatment providers.

(A) An approved treatment provider, as defined in rule 4729-6-01 of the Administrative Code, shall meet or exceed the following requirements:

(1) Certification by the Ohio department of mental health and addiction services pursuant to Chapter 5119. of the Revised Code;

(2) Accreditation by the appropriate accrediting agency(s); and

(3) Have certified personnel including but not limited to intervenor, treatment assessor, and responsible person as defined in rule 4729-6-01 of the Administrative Code.

(B) An intervenor associated with an approved treatment provider shall:

(1) Respond to information from concerned individuals;

(2) Ascertain validity of the information received;

(3) Assess the situation and, if the pharmacist is showing evidence of impairment, the intervenor shall refer the individual for evaluation;

(4) If the pharmacist fails to comply within one week to a referral for evaluation, the intervenor must report the name of the pharmacist to the board of pharmacy within one working day.

(C) A treatment assessor associated with an approved treatment provider shall evaluate a pharmacist referred to the approved treatment provider to determine if the pharmacist has a substance abuse/chemical dependency related impairment.

(D) If such an impairment exists, the approved treatment program shall formulate the pharmacist's individualized treatment plan as defined in rule 4729-6-01 of the Administrative Code. The specific requirements shall be determined by an assessment of psychological, physical, developmental, family, social, environmental, recreational, and professional needs. The individualized treatment plan shall be part of a treatment contract which the impaired pharmacist must sign. If the impaired pharmacist fails to sign the treatment contract and enter treatment within forty-eight hours of the determination that the pharmacist needs treatment, the approved treatment provider must report the name of the pharmacist to the board of pharmacy within one working day.

(E) The responsible person for the approved treatment provider shall:

(1) Establish a system of records that will provide for complete information about an impaired pharmacist from intervention through the rehabilitation stage;

(2) Establish treatment contracts meeting the requirements of this chapter and a system of follow up to determine compliance by the impaired pharmacist with the treatment contract;

(3) Assure confidentiality of the impaired pharmacist, except:

(a) If the pharmacist fails to comply within one week to a referral for evaluation;

(b) If the impaired pharmacist fails to sign the contract and enter treatment within forty-eight hours of the determination that the pharmacist needs treatment;

(c) If the impaired pharmacist does not suspend practice on entering treatment;

(d) If the impaired pharmacist does not comply with the terms of the treatment contract;

(e) If the impaired pharmacist resumes practice before the approved treatment provider has made a clear determination that the pharmacist is capable of practicing;

(f) If the impaired pharmacist suffers a relapse at any time during or following rehabilitation.

(4) Notify the state board of pharmacy within one working day if the pharmacist violates any portion of this rule.

Effective: 08/22/2014
R.C. 119.032 review dates: 11/15/2016
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26
Rule Amplifies: 3719.121 , 4729.18
Prior Effective Dates: 7/1/92, 2/1/02, 4/27/07

4729-6-04 Approval of treatment providers. [Rescinded].

Rescinded eff 4-27-07

4729-6-05 Requirements for limited approved treatment providers.

(A) A limited approved treatment provider, as defined in rule 4729-6-01 of the Administrative Code, must be approved by the state board of pharmacy and shall meet or exceed the following requirements:

(1) Have board approved policies and procedures which shall include but not be limited to the following:

(a) The program's standards and procedures for care;

(b) The program's standards and training/approval process for personnel.

(2) Have personnel including but not limited to an intervenor and a responsible person as defined in rule 4729-6-01 of the Administrative Code.

(B) An intervenor associated with a limited approved treatment provider shall:

(1) Respond to information from concerned individuals;

(2) Ascertain validity of the information received;

(3) Assess the situation and, if the pharmacist is showing evidence of impairment, the intervenor shall refer the individual for evaluation;

(4) If the pharmacist fails to comply within one week to a referral for evaluation, the intervenor must report the name of the pharmacist to the board of pharmacy within one working day.

(C) The responsible person for the limited approved treatment provider shall:

(1) Assure confidentiality of the impaired pharmacist, except:

(a) If the pharmacist fails to comply within one week to a referral for evaluation; or

(b) If the impaired pharmacist suffers a relapse at any time during or following rehabilitation.

(2) Notify the state board of pharmacy within one working day if the pharmacist violates any portion of this rule.

R.C. 119.032 review dates: 11/22/2011 and 11/15/2016
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26
Rule Amplifies: 3719.121 , 4729.18
Prior Effective Dates: 4/27/07

4729-6-06 Qualifications of approved treatment providers. [Rescinded].

Rescinded eff 4-27-07

4729-6-08 Requirements for approved treatment providers and limited approved treatment providers. [Rescinded].

Rescinded eff 5-1-07

4729-6-10 Summary suspension, license of impaired pharmacist.

(A) The license of the pharmacist may be summarily suspended without a prior hearing pursuant to section 3719.121 of the Revised Code if, in the opinion of the board, an impaired pharmacist poses a danger of immediate and serious harm to others by:

(1) Refusing to seek evaluation, treatment, and rehabilitation for a substance abuse/chemical dependency related impairment;

(2) Not signing and/or complying with the treatment contract from an approved treatment provider;

(3) Resuming practice before the approved treatment provider has made a determination that the pharmacist is capable of practicing;

(4) A relapse, as defined in rule 4729-6-01 of the Administrative Code, of substance abuse/chemical dependency at any time.

(B) The license of the pharmacist may be summarily suspended without a prior hearing pursuant to section 3719.121 of the Revised Code if a pharmacist is guilty of a felony drug abuse offense as defined in section 2925.01 of the Revised Code.

R.C. 119.032 review dates: 11/22/2011 and 11/15/2016
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26
Rule Amplifies: 3719.121 , 4729.18
Prior Effective Dates: 7/1/92