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

Chapter 4723-19 | Safe Haven Program

 
 
 
Rule
Rule 4723-19-01 | Requirements for safe haven program.
 

(A) Safe haven program is a confidential, non-disciplinary program for treatment of impaired licensees, certificate holders, or applicants of the nursing board established pursuant to section 4723.35 of the Revised Code.

(B) Monitoring organization is an entity which conducts the safe haven program and performs monitoring services for impaired licensees, certificate holders, or applicants under a contract with the nursing board.

(C) Treatment provider is an entity approved by the monitoring organization to provide evaluation, treatment, and/or continuing care to impaired licensees, certificate holders, or applicants participating in the safe haven program.

(D) For purposes of this chapter, licensee, certificate holder, or applicant includes those licensees, certificate holders, or applicants whose license or certificate is subject to disciplinary action by the board or who is an applicant for a license or certificate that is subject to disciplinary action by the board.

(E) Licensees, certificate holders, or applicants of the board who may be impaired or potentially impaired in the ability to practice in accordance with acceptable and prevailing standards of care and who want to participate in the safe haven program shall complete the following requirements:

(1) The licensee, certificate holder, or applicant shall register with the monitoring organization under contract with the board and obtain a list of the approved treatment providers;

(2) If the licensee, certificate holder, or applicant reports directly to an approved treatment provider, the licensee, certificate holder, or applicant shall register with the monitoring organization upon referral from the approved treatment provider;

(3) The treatment provider shall conduct an evaluation in accordance with the recommendation of the monitoring organization;

(4) The treatment provider shall provide the information regarding the diagnosis and the treatment plan to the monitoring organization for confirmation of eligibility;

(5) If the licensee, certificate holder, or applicant is determined to be impaired and not to be eligible for the safe haven program, the monitoring organization shall report this information to the board.

(F) Once a licensee, certificate holder, or applicant is determined to be eligible for the safe haven program, the licensee, certificate holder, 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 intensive outpatient treatment, outpatient, continuing care, or other therapy or treatment.

(1) The licensee or certificate holder shall be required to immediately refrain from practice if it is recommended by the treatment provider or the monitoring organization. The licensee or certificate holder shall refrain from practice until the licensee or certificate holder is determined to be able to practice according to acceptable and prevailing standards by the treatment provider and the medical director of the monitoring organization, or his or her designee.

(2) The monitoring organization shall notify the board of any licensee or certificate holder who returns to work prior to obtaining the release from the treatment provider and the monitoring organization medical director, or his or her designee.

(3) The monitoring organization shall notify the board of any licensee, certificate holder, or applicant who does not successfully complete the prescribed treatment.

(G) If continuing care is recommended, the monitoring organization shall confirm that the licensee, certificate holder, or applicant completes continuing care sessions in accordance with the recommendation until released by the continuing care provider and the monitoring organization medical director, or his or her designee.

(H) In order to continue participation in the safe haven program, after successful completion of any recommended treatment, the licensee, certificate holder, or applicant shall enter into an agreement with the monitoring organization. An individual who chooses not to continue in the safe haven program shall be referred to the board for further investigation or disciplinary action. The agreement may include the following provisions:

(1) Random toxicology testing, if applicable;

(2) Attendance at drug and alcohol support 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;

(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 licensee, certificate holder, or applicant's impairment, including but not limited to family, peers, health care personnel, employers, and treatment providers;

(8) Grounds for dismissal from participation in the safe haven program for failure to comply with program requirements;

(9) Any required fees associated with participation in the safe haven program, including but not limited to fees for toxicology testing;

(10) The licensee, certificate holder, or applicant shall be released from monitoring by the medical director of the monitoring organization, or his or her designee, upon successful completion of monitoring.

(I) The board shall develop guidelines in collaboration with the monitoring organization for the reporting of non-compliance with conditions of the safe haven program. Non-compliance shall be reported to the board by the monitoring organization.

Last updated September 15, 2025 at 7:37 AM

Supplemental Information

Authorized By: 4723.35, 4723.351, 4723.07
Amplifies: 4723.35, 4723.351
Five Year Review Date: 9/4/2030
Rule 4723-19-02 | Monitoring organization for safe haven program.
 

(A) The board shall enter into a contract with a monitoring organization to monitor licensees, certificate holders, and applicants participating in the safe haven program.

(1) The monitoring organization shall provide licensees, certificate holders, and applicants with a list of treatment providers approved to provide evaluations and treatment for the safe haven program.

(2) The monitoring organization shall, along with the treatment provider, review and determine whether a licensee, certificate holder, or applicant is able to practice according to acceptable and prevailing standards of care.

(3) The monitoring organization shall, along with the continuing care provider, review and determine whether a licensee, certificate holder, or applicant is eligible for release from continuing care, if applicable.

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

(B) The agreements between the monitoring organization and licensee, certificate holder, 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 of the monitoring organization, or his or her designee, shall review each licensee, certificate holder, or applicant and make a determination as to whether the licensee, certificate holder, or applicant is released from monitoring.

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

(1) Any licensee, certificate holder, or applicant referred to the safe haven program who was found to be impaired and ineligible to participate in the program;

(2) Any licensee, certificate holder, or applicant who fails to attend an evaluation recommended by the monitoring organization;

(3) Any licensee, certificate holder, 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 licensee, certificate holder, 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 licensee, certificate holder, or applicant found to be impaired who fails to enter into a monitoring agreement as recommended by the monitoring organization;

(6) Any licensee, certificate holder, 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 licensee, certificate holder, or applicant;

(7) Any licensee, certificate holder, or applicant who presents an imminent danger to the public or themselves as a result of their impairment; and

(8) Any licensee, certificate holder, 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 safe haven program.

(F) The monitoring organization, in coordination with the board, shall provide education to the licensees, certificate holders, applicants, and treatment providers regarding eligibility criteria and the board's statutes, rules, and policies regarding the safe haven program.

Last updated September 15, 2025 at 7:37 AM

Supplemental Information

Authorized By: 4723.35 and 4723.351, 4723.07
Amplifies: 4723.35 and 4723.351
Five Year Review Date: 9/4/2030
Rule 4723-19-03 | Treatment providers in the safe haven program.
 

(A) The monitoring organization shall review individuals and entities providing evaluations and treatment to licensees, certificate holders, 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 licensees, certificate holders, 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 licensees, certificate holders, or applicants, which may include inpatient, residential, extended residential, medical detoxification, partial hospitalization or intensive outpatient treatment, outpatient, continuing care, or other therapy or treatment.

(B) The monitoring organization shall prepare a list of approved evaluators and treatment providers and make that available to licensees, certificate holders, or applicants referred to the monitoring organization.

(C) The monitoring organization shall provide training to evaluators and treatment providers regarding the eligibility and the board's statutes, rules, and policies regarding the safe haven program on an annual basis.

(D) The monitoring organization shall periodically review the operations and outcomes of the evaluators and treatment providers to determine that standard of care is 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, certificate holders, or applicants.

(E) The treatment provider shall perform an evaluation appropriate to the licensee, certificate holder, or applicant's condition to determine the degree of impairment of the licensee, certificate holder, 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, continuing care, or other appropriate therapy or treatment appropriate to the licensee, certificate holder, or applicant's condition.

(F) The treatment provider may recommend that the licensee or certificate holder immediately refrain from practice upon determination of impairment. Clearance from the treatment provider and monitoring organization are required for return to practice. Failure of the licensee or certificate holder to follow the recommendation shall be reported to the board by the monitoring organization.

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

(H) The treatment plan shall include education regarding the nursing board's statutes, rules, and policies with respect to impairment.

(I) The treatment plan shall include education and group therapy to assist the patient to transition back to work.

(J) The treatment provider shall complete and maintain records for each licensee, certificate holder, or applicant seen for evaluation or treatment under the safe haven program.

Last updated September 15, 2025 at 7:37 AM

Supplemental Information

Authorized By: 4723.35 and 4723.351, 4723.07
Amplifies: 4723.35 and 4723.351
Five Year Review Date: 9/4/2030