Current through all regulations passed and filed through September 16, 2024
(A)
The board shall enter into a contract with a monitoring
organization to monitor applicants and practitioners participating in the
confidential monitoring program.
(1)
The monitoring organization shall provide practitioners
and applicants with a list of treatment providers approved to provide
evaluations and treatment for the confidential monitoring
program.
(2)
The medical director or designee of the monitoring
organization shall, along with the medical director of the treatment provider,
review and determine whether an individual is able to practice according to
acceptable and prevailing standards of care.
(3)
The medical
director or designee of the monitoring organization shall, along with the
continuing care provider, review and determine whether an individual is
eligible for release from continuing care, if applicable.
(4)
At the request of
the board, the medical director of the monitoring organization, or designee,
shall provide testimony in any disciplinary proceeding involving a practitioner
or applicant reported to the board by the monitoring
organization.
(B)
The agreements between the monitoring organization and
practitioner or applicant shall establish the monitoring terms, including the
minimum duration and the events which could lead to a longer
duration.
(C)
The medical director or designee of the monitoring
organization shall review each individual and make a determination as to
whether the individual is released from monitoring.
(D)
The monitoring
organization shall, within seventy-two hours, report to the board any of the
following:
(1)
Any practitioner or applicant referred to the confidential
monitoring program who was found to be impaired and ineligible to participate
in the program;
(2)
Any practitioner or applicant who fails to attend an
evaluation recommended by the monitoring organization;
(3)
Any practitioner
or applicant found to be impaired who fails to enter or complete treatment as
recommended by the treatment provider and the monitoring
organization;
(4)
Any practitioner or applicant found to be impaired who
fails to enter or complete continuing care as recommended by the treatment
provider and the monitoring organization;
(5)
Any practitioner
or applicant found to be impaired who fails to enter into a monitoring
agreement as recommended by the monitoring organization;
(6)
Any practitioner
or applicant who fails to comply with a monitoring agreement and that failure
results in an imminent risk of harm to the public or the
practitioner;
(7)
Any practitioner or applicant who presents an imminent
danger to the public or the practitioner, as a result of the practitioner's or
applicant's impairment; and
(8)
Any practitioner
or applicant whose impairment has not been substantially alleviated by
participation in the program.
(E)
The monitoring
organization shall provide annual and quarterly reports to the board regarding
the confidential monitoring program.
(F)
The monitoring
organization, in consultation with the board, shall provide education to the
practitioners, applicants, evaluators, treatment providers and continuing care
providers regarding eligibility criteria for the confidential monitoring
program and the statutes, rules and policies of the board regarding
impairment.
(G)
The monitoring organization shall notify the board of
any individual who returns to work prior to obtaining the release from the
treatment provider and the monitoring organization medical director or
designee.
(H)
The monitoring organization shall notify the board of
any individual who does not successfully complete the prescribed
treatment.
Replaces: 4731-16-19
