Ohio Administrative Code
Title 4731 - State Medical Board
Chapter 4731-16 - Impaired Practitioners
Section 4731-16-05 - Examinations

Universal Citation: OH Admin Code 4731-16-05

Current through all regulations passed and filed through September 16, 2024

(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 individual's 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.

Replaces: 4731-16-05

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