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