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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4731-16 | Impaired Practitioners

 
 
 
Rule
Rule 4731-16-01 | Definitions.
 

As used in this chapter of the Administrative Code:

(A) "Applicant" has the same meaning as used in division (A) of section 4731.25 of the Revised Code.

(B) "Approved evaluator or treatment provider" means an evaluator or treatment provider approved by the monitoring organization pursuant to section 4731.251 of the Revised Code and this chapter of the Administrative Code.

(C) "The board" means the state medical board of Ohio.

(D) "Confidential monitoring program" means a confidential non-disciplinary program for the evaluation and treatment of practitioners and applicants who are, or may be impaired under sections 4731.25 to 4731.255 of the Revised Code.

(E) "Continuing care" or "Aftercare" means regular treatment sessions following the successful completion of primary treatment which are facilitated by a licensed healthcare provider to address ongoing recovery issues and are provided by a treatment provider approved by the monitoring organization.

(F) "Impaired" or "Impairment" has the same meaning as used in divisions (A)(2)(a) and (A)(2)(b) of section 4731.25 of the Revised Code. Impairment includes the inability to practice according to acceptable and prevailing standards of care by reason of mental illness, mental disorder, or physical illness, including but not limited to physical deterioration that adversely affects cognitive, motor, or perceptive skills. Impairment includes the inability to practice in accordance with such standards without appropriate treatment, monitoring, or supervision.

(G) "Impaired physician committee" includes health committees, physician assistance committees, peer support committees, and similar bodies.

(H) "Monitoring organization" means an entity that meets the requirements of division (B) of section 4731.25 of the Revised Code and enters into a contract with the board for the operation of the confidential monitoring program for impaired practitioners and applicants, review and approval of evaluators and treatment providers in section 4731.251 of the Revised Code, and assists the board with monitoring impaired practitioners who are subject to formal disciplinary action by the board under division (C) of section 4731.251 of the Revised Code.

(I) "Practitioner" has the same meaning as used in section 4731.25(A)(3) of the Revised Code.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Authorized By: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Five Year Review Date: 11/30/2028
Prior Effective Dates: 12/1/1991, 1/31/2009
Rule 4731-16-02 | General procedures in impairment cases.
 

(A) Should the board have reason to believe that any practitioner or applicant is impaired, it shall refer the individual to the monitoring organization. In addition, upon notification by the monitoring organization that the practitioner or applicant is not eligible for the confidential monitoring program, the board may compel the individual to submit to a mental or physical examination, or both.

(1) Such examinations shall be undertaken by an evaluator or treatment provider under contract with the board and on the approved list maintained by the monitoring organization.

(2) The notice issued ordering the individual to submit to examination shall delineate acts, conduct or behavior committed or displayed which establish reason to believe that the individual is impaired.

(3) Failure to submit to examination ordered by the board constitutes an admission of impairment unless the failure is due to circumstances beyond the individual's control.

(B) In cases where the only potential disciplinary violation is based on impairment, the board may do the following:

(1) Upon identification by the board of reason to believe that a practitioner or applicant is impaired and not eligible for the confidential monitoring program, it may require an examination or examinations as set forth in paragraph (A) of this rule. The examination must meet all requirements of rule 4731-16-05 of the Administrative Code.

(a) If the examination or examinations fail to disclose impairment, the board shall not issue discipline based on impairment unless other investigation produces reliable, substantial, and probative evidence demonstrating impairment.

(b) If the examination or examinations disclose impairment, or if the board has other reliable, substantial, and probative evidence demonstrating impairment, the board may initiate proceedings to suspend the license or deny the applicant. The board may issue an order of summary suspension.

(2) The presence of one or more of the following circumstances shall constitute independent proof of impairment and shall support license suspension or denial without the need for an examination:

(a) The individual has relapsed during or following treatment and the individual is not under a current monitoring agreement with the monitoring organization;

(b) The individual has applied for or requested treatment in lieu of conviction of a criminal charge or intervention in lieu of conviction of a criminal charge, or has applied for or requested entry into a similar diversion or drug intervention program and the individual is not eligible for the confidential monitoring program;

(c) The individual has pled guilty to or has had a judicial finding of guilt of a criminal offense that involved the individual's personal use or abuse of any controlled substance, and the individual is not eligible for the confidential monitoring program.

(3) Before being eligible to apply for reinstatement of a license suspended under this paragraph the impaired individual must demonstrate to the board that the individual can resume practice in compliance with acceptable and prevailing standards of care under the provisions of the individual's license. Such demonstrations shall include but shall not be limited to the following:

(a) Certification from a treatment provider approved by the monitoring organization under section 4731.251 of the Revised Code that the individual has successfully completed all required treatment as determined by the treatment provider and the medical director or designee of the monitoring organization. The treatment may include withdrawal management, inpatient, residential, extended residential, partial hospitalization, intensive outpatient, outpatient, continuing care, or other therapy or treatment.

(b) Evidence of continuing full compliance with any aftercare or continuing care contract as determined by the treatment provider and the medical director or designee of the monitoring organization and with any consent agreement or order of the board then in effect;

(c) Two written reports indicating that the individual's ability to practice has been assessed and that the individual has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the board or monitoring organization for making such assessments and shall describe the basis for this determination. A physician who is the medical director of a treatment provider approved by the monitoring organization under section 4731.251 of the Revised Code may perform such an assessment without prior board approval.

(4) The board may reinstate a license suspended under this paragraph after the demonstration described in paragraph (B)(3) of this rule and after the individual has entered into a written consent agreement which conforms to the requirements set forth in rule 4731-16-06 of the Administrative Code, or after the board has issued a final order in lieu of a consent agreement.

(5) When the impaired individual resumes practice after license reinstatement, the board shall require continued monitoring of the individual. This monitoring, which may be completed by the monitoring organization at the discretion of the board, shall include but not be limited to compliance with the written consent agreement entered into before reinstatement or compliance with conditions imposed by board order after a hearing, if applicable.

(C) In cases where the board has initiated a disciplinary action for violations other than for impairment and the practitioner or applicant is participating in the confidential monitoring program or is under a board order or consent agreement for impairment, the general pattern of action described in paragraph (B) of this rule will be followed with the following exceptions:

(1) If the board permanently revokes a license, the individual shall not be eligible for further consideration for licensure or license reinstatement;

(2) If the board imposes a period of ineligibility for licensure, the individual shall not be eligible for licensure or license reinstatement until the period of ineligibility has lapsed;

(3) If the board imposes an indefinite period of ineligibility, licensure or license reinstatement shall depend upon successful completion of the requirements in paragraphs (B)(3) and (B)(4) of this rule and determination by the board that the period of suspension or ineligibility served is commensurate with the violations found.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Authorized By: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Five Year Review Date: 11/30/2028
Prior Effective Dates: 9/1/1999, 11/30/2002
Rule 4731-16-04 | Other violations.
 

For purposes of board disciplinary action for violations of any board rule or law, impairment shall not excuse acts which result in a plea of guilty to, a judicial finding of guilt of, or a judicial finding of eligibility for intervention in lieu of conviction for, a felony, a misdemeanor committed in the course of practice, or a misdemeanor involving moral turpitude, the commission an act that constitutes a felony, misdemeanor in the course of practice, or misdemeanor of moral turpitude, in this state, or which might, as determined by the board, have an adverse impact on other individuals. Such acts shall constitute independent basis for disciplinary action.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Authorized By: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Five Year Review Date: 11/30/2028
Prior Effective Dates: 12/1/1991
Rule 4731-16-05 | Examinations.
 

(A) Any impairment examination of an applicant or practitioner ordered by the board and performed by an evaluator or treatment provider approved by the monitoring organization and under contract with the board shall include all of the following:

(1) Comprehensive evaluation pertinent to the reasons for referral, including:

(a) Routine laboratory tests;

(b) Psychiatric evaluation, if applicable;

(c) Comprehensive biopsychosocial assessment; and

(d) Physical examination, if applicable.

(2) For individuals referred for examination related to substance use disorder, the evaluation shall also include:

(a) Urine, hair or blood toxicology testing, or any other appropriate toxicology testing, with legal chain of custody and forensic capability protocol;

(b) Corroborating interviews of at least two persons who are close to the individual; and

(c) Administration of at least two clinically approved substance use disorder assessment tools.

(3) The duration and type of the examination shall be determined by the evaluator or treatment provider based upon the individuals condition and based on an assessment of the impact of the potential impairment on patient safety.

(B) A diagnosis made by an approved evaluator or treatment provider based on an examination ordered by the board shall be made solely for the purpose of providing evidence for use by the board. A practitioner or applicant who undergoes an examination ordered by the board but who refuses to authorize the evaluator or treatment provider to release reports or information to the board shall be deemed to have failed to submit to the examination due to circumstances within the individual's control, and a default and final order may be entered without the taking of testimony or presentation of evidence.

(C) The report issued pursuant to an examination ordered by the board shall be submitted to the board within five days following completion of the examination.

(D) The board may require the practitioner or applicant to submit to a drug toxicology screen at the time it serves its order to submit to an examination or at any time after it issues the examination order and before the examination is completed.

(1) The drug toxicology screen shall be considered part of the examination.

(2) Refusal to submit to the drug toxicology screen immediately upon such request shall constitute failure to submit to an examination ordered by the board and shall constitute an admission of the allegations against the individual unless the failure is due to circumstances beyond the individual's control. A default and final order may be entered without the taking of testimony or presentation of evidence.

(E) An individual ordered by the board to an examination who refuses to authorize the evaluator or treatment provider to contact any person identified by the evaluator or treatment provider as being appropriate for the purpose of conducting a corroborating interview as part of the examination shall be deemed to have failed to submit to the examination due to circumstances within the individual's control, and a default and final order may be entered into without the taking of testimony or presentation of evidence.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Authorized By: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Five Year Review Date: 11/30/2028
Prior Effective Dates: 9/1/1999, 11/30/2002, 6/30/2007
Rule 4731-16-06 | Consent agreements and orders for reinstatement of impaired applicants and practitioners.
 

(A) The written consent agreement for impaired practitioners or applicants prior to reinstatement of a suspended license, or any board order entered in lieu of a consent agreement, shall require, at a minimum, the following probationary and limiting terms:

(1) Obedience of all federal, state, and local laws, and all rules governing practice in Ohio;

(2) Submission of quarterly declarations attesting whether there has been compliance with all conditions of the consent agreement;

(3) Periodic appearances before the board, its representatives, or the monitoring organization as requested;

(4) Notification to the board of departures or absences from Ohio. Periods of departure or absence shall not reduce the probationary term, unless otherwise determined by the secretary or the supervising member of the board, in instances where the board can be assured that probationary monitoring is otherwise being performed;

(5) Maintenance of a log of all controlled substances, and other drugs as directed by the board, which the practitioner prescribes, orders, personally furnishes, or administers, where appropriate;

(6) Prohibition of authority to prescribe, administer, personally furnish, order, or possess controlled substances and as directed by the board, other substances which may impair ability to practice, where appropriate;

(7) Abstinence from the use of alcohol, where appropriate;

(8) Abstinence from the use or personal possession of drugs, except those prescribed, administered, or dispensed by another person so authorized by law who has knowledge of the patient's history and of substance use disorder, where appropriate;

(9) Submission of urine, blood, or other toxicology samples upon request of the board or the monitoring organization, and without prior notice, where appropriate;

(10) Undertaking and maintaining participation in a self-help support group acceptable to the board or the monitoring organization, such as alcoholics anonymous or narcotics anonymous, where appropriate, with evidence of compliance to be provided in each quarterly report;

(11) Undertaking psychiatric evaluation, and, where appropriate, continuing treatment acceptable to the board or the monitoring organization, with evidence of compliance to be provided in each quarterly report;

(12) Monitoring physical medical condition, where appropriate;

(13) Monitoring of progress and status by a physician or other licensed healthcare professional approved by the board or the monitoring organization, with reports to be provided in each quarterly report, where appropriate;

(14) Prior approval by the board of any practice arrangements or any health care field employment, where appropriate;

(15) Copies of the agreement to be provided by the individual to all of the following during the effective period of the agreement or board order:

(a) All employers or prospective employers, entities with which the individual contracts or seeks to contract to provide health services or receive training, the chief of staff at each hospital where the individual has or applies for privileges, and all persons and entities that provide the individual treatment or monitoring; and

(b) The proper licensing authority of any state or jurisdiction in which the individual holds or applies for any professional license.

(16) Contacting the monitoring organization to arrange for monitoring services, where appropriate;

(17) Continuing compliance with the terms of any aftercare or continuing care contract entered into with the treatment provider or healthcare provider, provided, that where terms of the aftercare or continuing care contract conflict with the terms of the consent agreement or board order, the terms of the consent agreement or board order shall control;

(18) Continuing authorization, through appropriate written consent forms, for disclosure by the evaluator or treatment provider to the board, to treating and monitoring physicians, the monitoring organization and to others involved in the monitoring process, of information necessary for them to fulfill their respective duties and obligations;

(19) Appropriate minimum probationary term;

(20) Periods during which the probationer is not in compliance with all probationary terms, or during which all probationary monitoring provisions have not yet been implemented, as determined by the secretary of the board, may result in the extension of the term of probation;

(21) No requests by the probationer for modifications to probationary terms for at least one year; and

(22) Prohibition of consumption of poppy seeds or any other food or liquid that may produce false results in a toxicology screen, where appropriate.

(B) A violation of any term of the consent agreement or board order described in this rule shall constitute grounds to take disciplinary action in accordance with Chapter 119. of the Revised Code.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Authorized By: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Five Year Review Date: 11/30/2028
Prior Effective Dates: 12/1/1991
Rule 4731-16-08 | Criteria for approval for evaluators and treatment providers.
 

(A) In order to be approved as an evaluator or treatment provider for impaired applicants or practitioners, the evaluator or treatment provider must submit an application to the monitoring organization, which includes information regarding the areas of expertise and services provided, accreditation status, staffing composition, treatment approaches utilized, census and financial information, and other information as requested by the monitoring organization.

(B) The monitoring organization shall review individuals and entities providing evaluations and treatment to licensees and applicants who are impaired or potentially impaired.

(1) As part of the review the monitoring organization shall determine whether the individual or entity has the capability to evaluate impaired or potentially impaired practitioners or applicants for conditions which impair the ability to practice in accordance with acceptable and prevailing standards of care, including mental or physical illness, including substance use disorder.

(2) As part of the review, the monitoring organization shall determine whether the individual or entity has the capability to provide treatment to impaired practitioners or applicants, which may include withdrawal management, inpatient, residential, extended residential, partial hospitalization intensive outpatient, outpatient, continuing care, or other therapy or treatment.

(3) Evaluators or treatment providers which are facilities providing substance use disorder evaluation or treatment shall hold accreditation from one of the following:

(a) Commission on accreditation of rehabilitation facilities;

(b) American society of addiction medicine; or

(c) The joint commission.

(4) Evaluators or treatment providers which are facilities providing mental health disorder evaluation or treatment shall hold accreditation from one of the following:

(a) Commission on accreditation of rehabilitation facilities; or

(b) The joint commission.

(5) Evaluators or treatment providers who are individual physicians or other licensed healthcare professionals shall provide evidence of education, training, and experience treating the relevant diseases or conditions.

(C) The monitoring organization shall prepare of list of approved evaluators and treatment providers and make that available to practitioners or applicants referred to the monitoring organization.

(D) The monitoring organization shall provide annual training to evaluators and treatment providers regarding the eligibility requirements for the confidential monitoring program, the boards statutes, rules, and policies regarding impairment, and evaluator and treatment provider reporting requirements.

(E) The monitoring organization shall periodically review the operations and outcomes of the evaluators and treatment providers to determine whether the standard of care is being met. If the monitoring organization determines that any evaluators or treatment providers no longer meet the standard of care, the monitoring organization may remove the evaluator or treatment provider from the list provided to impaired or potentially impaired licensees and applicants.

(F) The approved evaluator or treatment provider shall do the following:

(1) Develop an individualized treatment plan for every practitioner or applicant who enters treatment including any required supervision or restrictions of practice during treatment;

(2) Require a practitioner to suspend practice as required by the treatment provider or the monitoring organization medical director or designee;

(3) Report to the monitoring organization any instances of violations of this chapter, including any practitioner or applicant who due to impairment present an imminent danger to oneself or the public and any practitioner or applicant who is unwilling or unable to complete or comply with the terms of evaluation, treatment, or monitoring;

(4) Report to the monitoring organization the resumption of practice of any impaired practitioner before the treatment provider and medical director or designee of the monitoring organization has made a clear determination that the practitioner is capable of practicing according to acceptable and prevailing standards of care;

(5) Fulfill all recordkeeping requirements applicable under state and federal laws, including completing and maintaining records for each practitioner and applicant seen for evaluation and treatment; and

(6) Require every practitioner or applicant who submits for an evaluation or enters treatment to execute a release with respect to issuance of the required reports to the monitoring organization.

(G) Each quarter, the evaluator or treatment provider shall provide to the monitoring organization information regarding licensees or applicants seen for evaluation or treatment under the confidential monitoring program, as determined by the monitoring organization.

(H) The evaluator or treatment provider shall notify the monitoring organization of the following changes prior to the effective date:

(1) Transfer of ownership of program;

(2) Change in location of the program; or

(3) Change in medical director.

(I) The evaluator or treatment provider shall not report to the board the identity of a practitioner or applicant who has been referred for evaluation or treatment by a party other than the board, so long as the practitioner or applicant maintains participation in accordance with requirements of the confidential monitoring program under section 4731.25 of the Revised Code.

(J) Nothing in this rule relieves licensees of the board of their duty to report violations of laws and rules to the board.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Authorized By: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Five Year Review Date: 11/30/2028
Prior Effective Dates: 1/31/2009
Rule 4731-16-17 | Requirements for confidential monitoring program.
 

(A) Practitioners and applicants of the board who may be impaired in the ability to practice in accordance with acceptable and prevailing standards of care and who want to participate in the confidential monitoring program shall complete the following requirements:

(1) The practitioner or applicant shall contact the monitoring organization under contract with the board and obtain a list of the approved evaluators and treatment providers;

(2) If the practitioner or applicant reports directly to an approved treatment provider, the practitioner or applicant licensee shall contact the monitoring organization upon referral from the approved evaluator or treatment provider; and

(3) The practitioner or applicant shall participate in an evaluation conducted by an evaluator or treatment provider in accordance with the recommendation of the monitoring organization.

(B) The evaluator or treatment provider shall provide the information regarding the diagnosis and eligibility determination to the monitoring organization for confirmation of eligibility.

(C) If the practitioner or applicant is determined to be impaired and not to be eligible for the confidential monitoring program, the practitioner or applicant and the monitoring organization shall report this information to the board.

(D) Once a practitioner or applicant is determined to be eligible for the confidential monitoring program, the practitioner or applicant shall report to an approved treatment provider for treatment within the timeframe recommended by the monitoring organization. The treatment provider shall develop an individualized treatment plan that may include a combination of inpatient, residential, partial hospitalization, outpatient or intensive outpatient treatment.

(1) The practitioner or applicant shall be required to immediately suspend practice if it is recommended by the evaluator or treatment provider or the medical director or designee of the monitoring organization. The practitioner or applicant shall suspend practice until determined to be able to practice according to acceptable and prevailing standards by the evaluator or treatment provider and the medical director or designee of the monitoring organization.

(2) The monitoring organization shall notify the board of any practitioner who returns to work prior to obtaining the release from the treatment provider and the monitoring organization medical director or designee. The board shall proceed in accordance with rule 4731-16-02 of the Administrative Code.

(3) The monitoring organization shall notify the board of any practitioner or applicant who does not successfully complete the prescribed treatment. The board shall proceed in accordance with rule 4731-16-02 of the Administrative Code.

(4) The monitoring organization shall ensure that the practitioner or applicant has entered into an agreement with an approved continuing care provider if continuing care is recommended by the treatment provider. If continuing care is recommended, the monitoring organization shall confirm that the practitioner or applicant completes continuing care sessions in accordance with the recommendation until released by the continuing care provider and the medical director or designee of the monitoring organization.

(E) In order to continue participation in the confidential monitoring program, after successful completion of any recommended treatment, the practitioner or applicant shall enter into an agreement with the monitoring organization. The agreement may include the following provisions:

(1) Random toxicology testing, if applicable;

(2) Attendance at drug and alcohol support group meetings (e.g., alcoholics anonymous or narcotics anonymous) or other support group, as directed by the monitoring organization, if applicable;

(3) Treatment and therapy plan;

(4) Continuing care participation, if applicable;

(5) Case management;

(6) Duration of monitoring. Relapses and other failure to comply with terms of the agreement may result in a longer period of monitoring;

(7) Releases for information or records related to the practitioners impairment, including but not limited to family, peers, health care personnel, employers, and treatment providers;

(8) Grounds for dismissal from participation in the confidential monitoring program for failure to comply with program requirements. An individual who chooses not to continue in the confidential monitoring program shall be referred to the board for further investigation or disciplinary action; and

(9) Any required fees associated with participation in the confidential monitoring program, including but not limited to fees for toxicology testing.

(F) The practitioner or applicant shall be released from monitoring by the medical director or designee of the monitoring organization upon successful completion of monitoring.

(G) The board shall develop guidelines in collaboration with the monitoring organization for the reporting of non-compliance with conditions of the confidential monitoring program. Non-compliance shall be reported to the board by the practitioner or applicant and the medical director of the monitoring organization.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Rule 4731-16-19 | Monitoring organization for confidential monitoring program.
 

(A) The board shall enter into a contract with a monitoring organization to monitor applicants and practitioners participating in the confidential monitoring program.

(1) The monitoring organization shall provide practitioners and applicants with a list of treatment providers approved to provide evaluations and treatment for the confidential monitoring program.

(2) The medical director or designee of the monitoring organization shall, along with the medical director of the treatment provider, review and determine whether an individual is able to practice according to acceptable and prevailing standards of care.

(3) The medical director or designee of the monitoring organization shall, along with the continuing care provider, review and determine whether an individual is eligible for release from continuing care, if applicable.

(4) At the request of the board, the medical director of the monitoring organization, or designee, shall provide testimony in any disciplinary proceeding involving a practitioner or applicant reported to the board by the monitoring organization.

(B) The agreements between the monitoring organization and practitioner or applicant shall establish the monitoring terms, including the minimum duration and the events which could lead to a longer duration.

(C) The medical director or designee of the monitoring organization shall review each individual and make a determination as to whether the individual is released from monitoring.

(D) The monitoring organization shall, within seventy-two hours, report to the board any of the following:

(1) Any practitioner or applicant referred to the confidential monitoring program who was found to be impaired and ineligible to participate in the program;

(2) Any practitioner or applicant who fails to attend an evaluation recommended by the monitoring organization;

(3) Any practitioner or applicant found to be impaired who fails to enter or complete treatment as recommended by the treatment provider and the monitoring organization;

(4) Any practitioner or applicant found to be impaired who fails to enter or complete continuing care as recommended by the treatment provider and the monitoring organization;

(5) Any practitioner or applicant found to be impaired who fails to enter into a monitoring agreement as recommended by the monitoring organization;

(6) Any practitioner or applicant who fails to comply with a monitoring agreement and that failure results in an imminent risk of harm to the public or the practitioner;

(7) Any practitioner or applicant who presents an imminent danger to the public or the practitioner, as a result of the practitioners or applicants impairment; and

(8) Any practitioner or applicant whose impairment has not been substantially alleviated by participation in the program.

(E) The monitoring organization shall provide annual and quarterly reports to the board regarding the confidential monitoring program.

(F) The monitoring organization, in consultation with the board, shall provide education to the practitioners, applicants, evaluators, treatment providers and continuing care providers regarding eligibility criteria for the confidential monitoring program and the statutes, rules and policies of the board regarding impairment.

(G) The monitoring organization shall notify the board of any individual who returns to work prior to obtaining the release from the treatment provider and the monitoring organization medical director or designee.

(H) The monitoring organization shall notify the board of any individual who does not successfully complete the prescribed treatment.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information

Authorized By: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Five Year Review Date: 11/30/2028
Prior Effective Dates: 1/31/2019
Rule 4731-16-20 | Evaluators and treatment providers in the confidential monitoring program.
 

(A) The evaluator or treatment provider shall perform an evaluation appropriate to the practitioner or applicants condition to determine the degree of impairment of the practitioner or applicant and shall develop an individualized treatment plan. The individualized treatment plan may include a combination of in-patient, residential, partial hospitalization, intensive outpatient treatment, outpatient treatment, or other appropriate therapy or treatment appropriate to the practitioner or applicants condition.

(B) The evaluator or treatment provider may recommend that the practitioner immediately suspend practice upon determination of impairment. Clearance from the treatment provider and monitoring organization medical director or designee are required for return to practice. Failure of the practitioner or applicant to follow the recommendation shall be reported to the board by the treatment provider and the monitoring organization.

(C) The evaluator or treatment provider shall notify the monitoring organization of the determination of impairment and the treatment plan.

(D) The treatment plan shall include group therapy with other patients who work in similar disciplines as the licensee or other professionals, as appropriate.

(E) The treatment plan shall include education regarding the statutes, rules, and policies of the board with respect to impairment.

(F) The treatment plan may include education to assist the practitioner to transition back to work, if applicable.

Last updated November 30, 2023 at 10:50 AM

Supplemental Information