Chapter 4758-11 | Treatment of Impaired Practitioners

Rule 4758-11-02 | Procedures in impairment cases.

• Effective: July 3, 2023
• Promulgated Under: 119.03

(A) Should the board have reason to believe that a licensee, certificate holder, or applicant suffers from impairment as defined by paragraph (T) of rule 4758-2-01 of the Administrative Code, it may compel the individual to submit to a mental or physical examination, or both. Such examination shall be completed by a treatment provider that has been approved by the board. The notice issued ordering to submit to an examination shall specify conduct, acts or behavior committed or displayed to establish reason to believe that the licensee, certificate holder, or applicant is considered impaired. 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 as determined by the board.

(B) If the examination outlined in paragraph (A) of the rule finds that the individual is not impaired, no action shall be initiated by the board.

(C) If the examination outlined in paragraph (A) of this rule finds that the individual is impaired, or if the board has reasonable evidence of impairment, the board shall initiate proceedings to suspend the license or certificate or deny the initial application.

(1) Before being eligible to apply for reinstatement of a license or certificate suspended under this rule, the practitioner shall provide evidence to the board of the following:

(a) Certification from the designated treatment provider that the practitioner has successfully completed any required inpatient or outpatient program;

(b) Continuing compliance with an aftercare contract;

(c) One or more written reports as determined by the board indicating that the licensee or certificate holder has been assessed by a licensed practioner approved by the board and has been found capable of practicing according to acceptable and prevailing standards of care.

(2) The board may reinstate the suspended license or certificate or reactivate an inactive license or certificate under this rule after sufficient demonstration as determined by the board of the items outlined in paragraph (C)(1) of this rule and after the individual has entered into a written consent agreement with the board.

(3) When the licensee or certficate holder resumes practice under this rule, the board may require continued monitoring of the practitioner.

(D) A licensee or certificate holder may appeal rulings of the board in regards to impairment.

Last updated July 5, 2023 at 2:58 PM

Supplemental Information

Authorized By: 4758.20
Amplifies: 4758.20
Five Year Review Date: 7/3/2028
Prior Effective Dates: 6/13/2004

Rule 4758-11-03 | Confidential, non-disciplinary program.

• Effective: July 3, 2023
• Promulgated Under: 119.03

(A) The board may establish a confidential, non-disciplinary program for the evaluation and treatment of eligible practioners who need assistance with a potential or existing impairment due to substance use disorder or other mental health conditions. This program shall be known as the board's safe haven program.

(B) The board shall contract with one entity, hereafter referred to as the monitoring organization, to conduct the safe haven program. The monitoring organization shall determine the eligibility for participation in the safe haven program and provide associated services to eligible practioners.

(C) Eligible practitioners shall include licensees or certificate holders of the board as well as applicants who have applied for a license or certificate from the board.

(D) Services provided by the monitoring organization include but are not limited to the following:

(1) Screening and/or evaluation for possible impairment due substance use disorder or other mental health conditions.

(2) Referral to treatment providers approved by the monitoring organization for the purpose of evaluating and/or treating impairment.

(3) Establishment of individualized monitoring criteria for a duration determined by the monitoring organization to ensure the continuing care and recovery from impairment.

(4) Case management.

(E) The monitoring organization that contracts with the board to conduct the safe haven program may receive referrals from any of the following:

(1) Applicants, licensees or certificate holders.

(2) Other individuals.

(3) Employers.

(4) Professional societies and associations.

(5) Health care personnel and treatment providers.

(6) Other entities and organizations.

(7) The Ohio chemical dependency professionals board.

(F) To participate in the safe haven program, an eligible practitioner must enter into an agreement with the monitoring organization to seek assistance for a potential or existing impairment due to substance use disorder or other or mental health conditions. The agreement may specify but is not limited to the following:

(1) Treatment and therapy plan.

(2) Support group participation.

(3) Case management.

(4) Duration of monitoring. Relapses and other failures to comply with the terms of the agreement may resutl in longer period of monitoring. As appropriate, an addendum to the agreement many be initiated by the imonitoring organization.

(5) Approved work activities, including but not limited to abstaining from work while receiving evaluation and/or treatment as well as ongoing monitoring of compliance with any restrictions or limitations specified by the monitoring organization or the board.

(6) Random toxicology testing.

(7) Releases for seeking information or records related to the practitioners's impairment, including but not limited to family or designated persons, health care personnel, employers, and treatment providers.

(8) Grounds for dismissal from participation in the non-disciplinary, safe haven program for failure to comply with program requirements.

(9) Any required fees assoicated with participation in the non-disciplinary, safe haven program, including but not limited to fees for treatment services and toxicology testing.

(G) The board shall not insitute disciplinary action based on impariment against a safe haven program participant so long as the participant enters into an agreement with the monitoring organization and complies with the same. the presence of impairment shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of this chapter or Chapter 4758. of the Revised Code.

(H) The monitoring organization shall report to the board for further investigation and/or action any participant who is unwilling or unable to complete or comply with the confidential, non-disciplinary safe haven program.

(I) All information received and maintained by the monitoring organization shall be held in confidence subject to section 2317.02 of the Revised Code and in accordance with federal law.

Last updated July 5, 2023 at 2:58 PM

Supplemental Information

Authorized By: 4758.20
Amplifies: 4758.20
Five Year Review Date: 7/3/2028