Current through all regulations passed and filed through September 16, 2024
(A)
An approved
treatment provider, as defined in rule
4729:4-1-01
of the Administrative Code, shall meet or exceed the following
requirements:
(1)
Certification, as determined by the board, by the Ohio
department of mental health and addiction services pursuant to Chapter 5119. of
the Revised Code.
(2)
Any other treatment provider approved by the board, to
include:
(a)
An
out-of-state provider, when treatment has already been initiated or completed;
or
(b)
Any provider not certified in accordance with paragraph
(A)(1) of this rule.
(3)
Any treatment
provider must be approved prior to a licensee or registrant participating in
the program, unless the board finds exceptional circumstances exist, in which
case the board may approve the treatment provider during or after
treatment.
(B)
An intervenor associated with an approved treatment
provider shall:
(1)
Respond to information from concerned
individuals;
(2)
Ascertain validity of the information
received;
(3)
Assess the situation and, if the licensee or registrant
is showing evidence of impairment, the intervenor shall refer the individual
for evaluation;
(4)
If the licensee or registrant fails to comply within
one week to a referral for evaluation, the intervenor must report the name of
the individual to the board within one business day.
(C)
A treatment
assessor associated with an approved treatment provider shall evaluate a
licensee or registrant referred to the approved treatment provider to determine
if the licensee or registrant has a substance use disorder related
impairment.
(1)
If such an impairment exists, the approved treatment
provider shall formulate the licensee or registrant's individualized treatment
plan as defined in rule
4729:4-1-01
of the Administrative Code. The specific requirements shall be determined by an
assessment of psychological, physical, developmental, family, social,
environmental, recreational, and professional needs. The individualized
treatment plan shall be part of a treatment contract which the impaired
licensee or registrant must sign. If the impaired licensee or registrant fails
to sign the treatment contract and enter treatment within forty-eight hours of
the determination that the licensee or registrant needs treatment, the approved
treatment provider must report the name of the licensee or registrant to the
board within one business day.
(D)
The designated
person for the approved treatment provider shall:
(1)
Establish a
system of records that will provide for complete information about an impaired
licensee or registrant from intervention through the rehabilitation
stage;
(2)
Establish treatment contracts meeting the requirements
of this division and a system of follow up to determine compliance by the
impaired licensee or registrant with the treatment contract;
(3)
Ensure the
confidentiality of the impaired licensee or registrant, except:
(a)
If the licensee
or registrant fails to comply within one week to a referral for
evaluation;
(b)
If the impaired licensee or registrant fails to sign
the contract and enter treatment within forty-eight hours of the determination
that the licensee or registrant needs treatment;
(c)
If the impaired
licensee or registrant does not suspend practice on entering
treatment;
(d)
If the impaired licensee or registrant does not comply
with the terms of the treatment contract;
(e)
If the impaired
licensee or registrant resumes practice before the approved treatment provider
or monitoring program has made a clear determination that the licensee or
registrant is capable of practicing;
(f)
If the impaired
licensee or registrant suffers a relapse at any time.
(4)
Notify
the state board of pharmacy within one business day if the licensee or
registrant violates any provision of this rule.
Replaces: 4729-6-03
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, 4729.18
Prior Effective
Dates: 7/1/92, 2/1/02, 4/27/07,
8/22/14