(A)
Pursuant to
division (E) of section
4732.17 of the Revised Code, the
board may compel individual license holders and applicants to submit to
physical or mental examination only following issuance of a notice of
opportunity for hearing alleging violation of division (A)(7) of section
4732.17 of the Revised Code. If
the board receives information by the filing of a complaint or upon its own
information that an individual's ability to practice has fallen below the
acceptable and prevailing standards of care because of impairment due to
mental, emotional, physiological, pharmacological, or substance abuse, the
board may order the individual to submit to a mental or physical examination at
the individual's expense conducted by a designee of the board for the purpose
of determining if there is an impairment that is posing a threat to the
individual's abilty to render safe and competent psychological or school
psychological services.
(B)
Failure of the individual to submit to a mental or
physical examination ordered by the board pursuant to division (E) of section
4732.17 of the Revised Code
constitutes an admission of the allegations against the individual unless the
failure is due to circumstances beyond the individual's
control.
(C)
The board at its discretion may:
(1)
Contract with
providers of impaired treatment programs.
(2)
Receive and
evaluate reports of suspected impairment from any source.
(3)
Intervene in
cases of verified impairment.
(4)
Monitor treatment
and rehabilitation of the impairment.
(5)
Provide
post-treatment monitoring and support.
(6)
Provide other
functions as necessary to carry out the provisions of this
rule.
(7)
Make amendments, if necessary, to the treatment
program's findings.
(D)
The
board-approved treatment program shall:
(1)
Receive relevant
information from the board office and other sources regarding the potential
impairment.
(2)
Report in a timely fashion any impaired license
holder:
(a)
Who
refuses to submit to an evaluation.
(b)
Who refuses to
submit to treatment/rehabilitation.
(c)
Whose impairment
is not substantially alleviated through treatment.
(d)
Who in the
opinion of the evaluators is unable to practice with reasonable skill and
safety.
(3)
Provide confidentiality of non-public information of
the review process.
(4)
Provide an initial report of the nature, severity, and
progress of the impairment.
(5)
Provide periodic
reports, at a rate determined by the board, concerning the license holder's
progress.
(6)
Provide a final report including the treatment outcome
and a finding as to the license holder's fitness to practice.
(7)
Follow any
requirements outlined in a formal agreement the license holder or applicant for
licensure has entered into with the board.
(E)
Pursuant to
sections 4732.06 and
4732.173 of the Revised Code, as
part of the board's colleague assistance program, the board hereby establishes
a confidential, non-disciplinary program for the evaluation and treatment of
eligible individuals who need assistance with a potential or existing
impairment due to abuse of or dependence on alcohol or other substances or
other health-related conditions. This program shall be known as the board's
safe haven program.
(1)
The board shall contract with one entity, hereafter
referred to as the monitoring organization, to conduct the safe haven program.
The monitoring organization shall determine the eligibility for participation
in the safe haven program and provide associated services to eligible
individuals.
(2)
Eligible individuals shall include license holders of
the board and license applicants.
(3)
Services provided
by the monitoring organization include but are not limited to the
following:
(a)
Screening and/or evaluation for possible impairment due to
abuse of or dependency on alcohol or other drugs or other health-related
conditions.
(b)
Referral to treatment providers approved by the
monitoring organization for the purpose of evaluating and/or treating
impairments.
(c)
Establishment of individualized monitoring criteria for
a duration determined by the monitoring organization to ensure the continuing
care and recovery from impairment.
(d)
Case
management.
(4)
The monitoring organization that contracts with the
board to conduct the safe haven program may receive referrals from any of the
following:
(a)
Applicants and license holders.
(b)
Other
individuals.
(c)
Employers.
(d)
Professional
societies and associations.
(e)
Health care
personnel and treatment providers.
(f)
Other entities
and organizations.
(g)
The board.
(5)
To participate in
the safe haven program, an eligible individual must enter into an agreement
with the monitoring organization to seek assistance for a potential or existing
impairment due to mental, emotional, physiological, pharmacological or
substance abuse conditions or dependence on alcohol or other drugs or other
health-related conditions. The agreement may specify but is not limited to the
following:
(a)
Treatment and therapy plan.
(b)
Support group
participation.
(c)
Case management.
(d)
Duration of
monitoring. Relapses and other failures to comply with the terms of the
agreement may result in a longer period of monitoring. As appropriate, an
addendum to the agreement may be initiated by the monitoring
organization.
(e)
Random toxicology testing.
(f)
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.
(g)
Grounds for dismissal from participation in the safe
haven program for failure to comply with program requirements.
(h)
Any required fees
associated with participation in the safe haven program, including but not
limited to fees for toxicology testing.
(6)
The board shall
not institute disciplinary action based on impairment against a safe haven
program participant so long as the participant enters into an agreement with
the monitoring organization and complies with the same. The presence of
impairment shall not excuse acts or preclude investigation or disciplinary
action against a participant for other violations of Chapter 4732. of the
Revised Code.
(7)
The monitoring organization shall report to the board
for further investigation and/or action any participant who is unwilling or
unable to comply with any part of the safe haven program, including evaluation,
treatment, or monitoring.
(8)
All information received and maintained by the
monitoring organization shall be held in confidence subject to section
2317.02 of the Revised Code and
in accordance with federal law.