Ohio Administrative Code
Title 4731 - State Medical Board
Chapter 4731-16 - Impaired Practitioners
Section 4731-16-06 - Consent agreements and orders for reinstatement of impaired applicants and practitioners
Universal Citation: OH Admin Code 4731-16-06
Current through all regulations passed and filed through September 16, 2024
(A) The written consent agreement for impaired practitioners or applicants prior to reinstatement of a suspended license, or any board order entered in lieu of a consent agreement, shall require, at a minimum, the following probationary and limiting terms:
(1)
Obedience of all federal, state, and local laws, and
all rules governing practice in Ohio;
(2)
Submission of
quarterly declarations attesting whether there has been compliance with all
conditions of the consent agreement;
(3)
Periodic
appearances before the board, its representatives, or the monitoring
organization as requested;
(4)
Notification to
the board of departures or absences from Ohio. Periods of departure or absence
shall not reduce the probationary term, unless otherwise determined by the
secretary or the supervising member of the board, in instances where the board
can be assured that probationary monitoring is otherwise being
performed;
(5)
Maintenance of a log of all controlled substances, and
other drugs as directed by the board, which the practitioner prescribes,
orders, personally furnishes, or administers, where
appropriate;
(6)
Prohibition of authority to prescribe, administer,
personally furnish, order, or possess controlled substances and as directed by
the board, other substances which may impair ability to practice, where
appropriate;
(7)
Abstinence from the use of alcohol, where
appropriate;
(8)
Abstinence from the use or personal possession of
drugs, except those prescribed, administered, or dispensed by another person so
authorized by law who has knowledge of the patient's history and of substance
use disorder, where appropriate;
(9)
Submission of
urine, blood, or other toxicology samples upon request of the board or the
monitoring organization, and without prior notice, where
appropriate;
(10)
Undertaking and maintaining participation in a
self-help support group acceptable to the board or the monitoring organization,
such as alcoholics anonymous or narcotics anonymous, where appropriate, with
evidence of compliance to be provided in each quarterly report;
(11)
Undertaking
psychiatric evaluation, and, where appropriate, continuing treatment acceptable
to the board or the monitoring organization, with evidence of compliance to be
provided in each quarterly report;
(12)
Monitoring
physical medical condition, where appropriate;
(13)
Monitoring of
progress and status by a physician or other licensed healthcare professional
approved by the board or the monitoring organization, with reports to be
provided in each quarterly report, where appropriate;
(14)
Prior approval
by the board of any practice arrangements or any health care field employment,
where appropriate;
(15)
Copies of the agreement to be provided by the
individual to all of the following during the effective period of the agreement
or board order:
(a)
All employers or prospective employers, entities with
which the individual contracts or seeks to contract to provide health services
or receive training, the chief of staff at each hospital where the individual
has or applies for privileges, and all persons and entities that provide the
individual treatment or monitoring; and
(b)
The proper
licensing authority of any state or jurisdiction in which the individual holds
or applies for any professional license.
(16)
Contacting the
monitoring organization to arrange for monitoring services, where
appropriate;
(17)
Continuing compliance with the terms of any aftercare
or continuing care contract entered into with the treatment provider or
healthcare provider, provided, that where terms of the aftercare or continuing
care contract conflict with the terms of the consent agreement or board order,
the terms of the consent agreement or board order shall
control;
(18)
Continuing authorization, through appropriate written
consent forms, for disclosure by the evaluator or treatment provider to the
board, to treating and monitoring physicians, the monitoring organization and
to others involved in the monitoring process, of information necessary for them
to fulfill their respective duties and obligations;
(19)
Appropriate
minimum probationary term;
(20)
Periods during
which the probationer is not in compliance with all probationary terms, or
during which all probationary monitoring provisions have not yet been
implemented, as determined by the secretary of the board, may result in the
extension of the term of probation;
(21)
No requests by
the probationer for modifications to probationary terms for at least one year;
and
(22)
Prohibition of consumption of poppy seeds or any other
food or liquid that may produce false results in a toxicology screen, where
appropriate.
(B) A violation of any term of the consent agreement or board order described in this rule shall constitute grounds to take disciplinary action in accordance with Chapter 119. of the Revised Code.
Replaces: 4731-16-06
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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