(A) The board hereby establishes a
confidential, non-disciplinary program for the evaluation and treatment of
eligible EMS professionals who need assistance with a potential or existing
impairment due to abuse of or dependency on alcohol or drugs or other related
medical condition or illness. This program shall be known as the safe haven
program.
(1) The board may abstain
from taking disciplinary action under Chapter 4765. of the Revised Code or
rules adopted under that chapter if it finds that the individual can be treated
effectively and there is no impairment of the individual's ability to
practice according to acceptable and prevailing standards of care.
(2) The division of EMS
may enter into an agreement with one or more monitoring organizations to
conduct the safe haven program. The monitoring organization shall assist with
determining eligibility for participation in the safe haven program and provide
associated services to eligible EMS professionals.
(3) Subject to the
eligibility standards in paragraphs (B) and (C) of this rule, eligible EMS
professionals shall include EMS providers, instructors, applicants for
certification, and students enrolled in EMS accredited
institutions.
(B) An individual may not participate in
the safe haven program if the board receives information indicating that the
individual's compliance with the program may not be effectively monitored
while participating in the program. This information includes, but is not
limited to, the following:
(1) The individual has a
medical and/or psychiatric condition, diagnosis, or disorder, other than a
substance use disorder, in which the manifest symptoms are not adequately
controlled;
(2) The individual has
attempted or completed one or more substance use disorder treatment programs as
of the date of the application, not including the individual's current
substance use disorder treatment plan and related treatment currently submitted
for purposes of program eligibility;
(3) The individual has
substituted or tampered with a substance or drug of abuse;
(4) The board has taken
action against the individual's EMS or fire certification;
(5) Denial, revocation,
suspension, or restriction of authority to engage in a licensed profession or
practice a health care occupation, including emergency medical services, in
Ohio or another state or jurisdiction;
(6) The individual has
completed, is no longer in good standing, or been terminated from a similar
program in another jurisdiction;
(7) The individual has
been convicted of, pled guilty to (other than a plea resulting in a finding of
eligibility for intervention in lieu of conviction), had a judicial finding of
eligibility for diversion for, or had a judicial finding of guilt resulting
from a plea of no contest to any felony or an act in another jurisdiction that
would constitute a felony in Ohio;
(8) The public may not be
adequately protected if the individual enters the program; or
(9) The individual has
failed or refused to cooperate with a board investigation.
(C) To participate in the safe haven
program, an EMS professional must enter into an agreement with the division of
EMS or division approved monitoring organization to seek assistance for a
potential or existing impairment due to abuse of or dependency on alcohol or
drugs or other medical condition or illness. The agreement may specify but is
not limited to the following:
(1) Treatment and therapy
plan;
(2) Support group
participation;
(3) Case
management;
(4) Relapses and other
failures to comply with the terms of the agreement may result in a longer
period of monitoring. As appropriate, an addendum to the agreement may be
necessary;
(5) Random toxicology
testing;
(6) Releases for seeking
information or records related to the EMS professional's impairment,
including but not limited to family, peers, health care personnel, employers,
and treatment providers;
(7) Grounds for dismissal
from participation in the safe haven program for failure to comply with program
requirements;
(8) Any required fees
associated with participation in the safe haven program, including but not
limited to fees for toxicology testing.
(D) The board shall not institute
disciplinary action solely based on impairment against a safe haven program
participant so long as the participant enters into an agreement for treatment
and monitoring 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 Chapter 4765. of the Revised Code or other
provisions or rules adopted under it.
(E) Participation in the program may be
terminated for any of the following reasons:
(1) The participant fails
to comply with any of the terms and conditions of the program;
(2) The participant is
unable to practice according to acceptable and prevailing standards of safe
care; or
(3) The board receives
information which, after investigation, indicates that the participant may have
committed an additional violation of a provision of Chapter 4765. of the
Revised Code or any rules of the board.
(F) Eligibility requirements for admission to and continued
participation in the safe haven program shall be made by the members of the
board serving on case review for disciplinary matters.
(G) All information received and maintained by the board or
monitoring organization shall be held in confidence subject to section 2317.02
of the Revised Code and in accordance with federal law.
(H) The board at its discretion may:
(1) Contract with providers of impaired treatment
programs;
(2) Receive and evaluate reports of suspected impairment
from any source;
(3) Intervene in cases of verified impairment;
(4) Monitor treatment and rehabilitation of the
impairment;
(5) Recommend post-treatment monitoring and support;
or
(6) Provide other functions as necessary to carry out the
provisions of this rule.
