Current through all regulations passed and filed through September 16, 2024
(A)
Practitioners and
applicants of the board who may be impaired in the ability to practice in
accordance with acceptable and prevailing standards of care and who want to
participate in the confidential monitoring program shall complete the following
requirements:
(1)
The practitioner or applicant shall contact the
monitoring organization under contract with the board and obtain a list of the
approved evaluators and treatment providers;
(2)
If the
practitioner or applicant reports directly to an approved treatment provider,
the practitioner or applicant licensee shall contact the monitoring
organization upon referral from the approved evaluator or treatment provider;
and
(3)
The practitioner or applicant shall participate in an
evaluation conducted by an evaluator or treatment provider in accordance with
the recommendation of the monitoring organization.
(B)
The evaluator or
treatment provider shall provide the information regarding the diagnosis and
eligibility determination to the monitoring organization for confirmation of
eligibility.
(C)
If the practitioner or applicant is determined to be
impaired and not to be eligible for the confidential monitoring program, the
practitioner or applicant and the monitoring organization shall report this
information to the board.
(D)
Once a practitioner or applicant is determined to be
eligible for the confidential monitoring program, the practitioner or applicant
shall report to an approved treatment provider for treatment within the
timeframe recommended by the monitoring organization. The treatment provider
shall develop an individualized treatment plan that may include a combination
of inpatient, residential, partial hospitalization, outpatient or intensive
outpatient treatment.
(1)
The practitioner or applicant shall be required to
immediately suspend practice if it is recommended by the evaluator or treatment
provider or the medical director or designee of the monitoring organization.
The practitioner or applicant shall suspend practice until determined to be
able to practice according to acceptable and prevailing standards by the
evaluator or treatment provider and the medical director or designee of the
monitoring organization.
(2)
The monitoring organization shall notify the board of
any practitioner who returns to work prior to obtaining the release from the
treatment provider and the monitoring organization medical director or
designee. The board shall proceed in accordance with rule
4731-16-02 of the Administrative
Code.
(3)
The monitoring organization shall notify the board of
any practitioner or applicant who does not successfully complete the prescribed
treatment. The board shall proceed in accordance with rule
4731-16-02 of the Administrative
Code.
(4)
The monitoring organization shall ensure that the
practitioner or applicant has entered into an agreement with an approved
continuing care provider if continuing care is recommended by the treatment
provider. If continuing care is recommended, the monitoring organization shall
confirm that the practitioner or applicant completes continuing care sessions
in accordance with the recommendation until released by the continuing care
provider and the medical director or designee of the monitoring
organization.
(E)
In order to continue participation in the confidential
monitoring program, after successful completion of any recommended treatment,
the practitioner or applicant shall enter into an agreement with the monitoring
organization. The agreement may include the following provisions:
(1)
Random toxicology
testing, if applicable;
(2)
Attendance at drug and alcohol support group meetings
(e.g., alcoholics anonymous or narcotics anonymous) or other support group, as
directed by the monitoring organization, if applicable;
(3)
Treatment and
therapy plan;
(4)
Continuing care participation, if
applicable;
(5)
Case management;
(6)
Duration of
monitoring. Relapses and other failure to comply with terms of the agreement
may result in a longer period of monitoring;
(7)
Releases for
information or records related to the practitioner's impairment, including but
not limited to family, peers, health care personnel, employers, and treatment
providers;
(8)
Grounds for dismissal from participation in the
confidential monitoring program for failure to comply with program
requirements. An individual who chooses not to continue in the confidential
monitoring program shall be referred to the board for further investigation or
disciplinary action; and
(9)
Any required fees associated with participation in the
confidential monitoring program, including but not limited to fees for
toxicology testing.
(F)
The practitioner
or applicant shall be released from monitoring by the medical director or
designee of the monitoring organization upon successful completion of
monitoring.
(G)
The board shall develop guidelines in collaboration
with the monitoring organization for the reporting of non-compliance with
conditions of the confidential monitoring program. Non-compliance shall be
reported to the board by the practitioner or applicant and the medical director
of the monitoring organization.
Replaces: 4731-16-17