Lawriter - OAC - 4729:4-1-01 Definitions - impaired licensees, registrants and probation.

4729:4-1-01 Definitions - impaired licensees, registrants and probation.

As used in division 4729:4 of the Administrative Code:

(A) "Substance abuse/chemical dependency" means a substance use disorder as defined by the "Diagnostic and Statistical Manual of Mental Disorders" (DSM-5) or any official supplement thereto (10/16/2016).

(B) "Impaired licensee or registrant" means a licensee or registrant who, because of his/her mental illness, habitual or excessive use or abuse of drugs or alcohol, use of psychoactive substances, or use of other substances that impair the ability to practice, is rendered unable to practice pharmacy or conduct authorized activities within a 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 4729:4-1-03 of the Administrative Code.

(D) "Approved monitoring program" means a board approved and designated monitor pursuant to section 4729.18 of the Revised Code and rule 4729:4-1-06 of the Administrative Code.

(E) "Intervenor" means a person who is employed by or affiliated with an approved treatment provider or an approved monitoring program and participates in a process whereby a licensee or registrant alleged to be impaired is confronted to evaluate the presence of impairment and, if indicated, who refers the licensee or registrant for assessment and treatment of the impairment.

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

(G) "Treatment assessor" means any of the following:

(1) 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 addiction specialist; or

(2) An individual who is licensed by the Ohio chemical dependency professionals board as a licensed independent chemical dependency counselor, licensed chemical dependency counselor 3 or 2 pursuant to Chapter 4758. of the Administrative Code and, who by training and experience, can make an assessment of a licensee or registrant's impairment.

(H) "Individualized treatment plan" is a 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. Such services and other services may be determined by an approved treatment provider.

(I) "Treatment contract" means a document which outlines the individualized treatment plan, the requirement to cease practice, the requirement for compliance by the impaired licensee or registrant, 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 licensee or registrant 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 licensee or registrant 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) "Designated person" for an approved treatment provider or approved monitoring program is an individual who shall be in full and actual charge of the treatment or monitoring program including, but not limited to, the following:

(1) Ensuring the provider has the necessary facilities and personnel to provide services;

(2) Maintaining records; and

(3) Notification of the board when required.

(M) "Twelve-step program" means a self-help program such as alcoholics anonymous or narcotics anonymous or a related organization that addresses substance use disorders and promotes sobriety and recovery through peer group support, self-help, and anonymity, and which is based on an abstinence model of recovery. An impaired licensee or registrant shall be required to personally attend face-to-face twelve-step programs not less than three documented meetings each week, on separate days. Meetings that occur online, telephonically, or via other electronic means shall not be counted towards the minimum requirement.

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

(P) "Relapse" means any use of, or obtaining for the purpose of using, drugs, alcohol, psychoactive substances, or any use of other substances that impair the ability to practice; it also includes a positive drug screen or a return to a pattern of impairment activities which affects the licensee or registrant's ability to practice. Relapse also refers to a mental health or mental illness episode that impacts or impairs the ability to practice pharmacy or conduct authorized activities within a pharmacy with the requisite judgment, skill or competence to ensure the safety of the public.

Replaces: 4729-6-01

Effective: 9/15/2017
Five Year Review (FYR) Dates: 09/15/2022
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, 08/22/2014