Ohio Admin. Code 4755-2-01 - Impaired practitioner rules and safe haven program for license holders and applicants
(A)
Definitions
(1)
"License holder"
applies to the following license types:
(a)
Athletic
trainers
(b)
Occupational therapists
(c)
Occupational
therapy assistants
(d)
Orthotists
(e)
Pedorthists
(f)
Prosthetists
(g)
Prosthetist-orthotists
(h)
Physical
therapists
(i)
Physical therapist assistants
(2)
"Board" means the occupational therapy, physical therapy,
and athletic trainers board or any individual license-specific section of the
board.
(B)
For purposes of the rule, an individual license holder
who accepts the privilege of practicing in this state is subject to regulation
by the board. Through the act of filing an application for licensure or being
licensed by the board, the individual has given consent to submit to a mental
or physical examination at the individual's expense when ordered to do so by
the board in writing and to have waived all objections to the admissibility of
testimony or examination of reports that constitute privileged
communications.
(C)
If the board receives information by the filing of a
complaint with the board or upon its own information that a license holder's
ability to practice has fallen below the acceptable and prevailing standards of
care because of habitual or excessive use or abuse of drugs or alcohol or other
substances, or other medical condition or illness, the board may order the
license holder to submit to a mental or physical examination at the license
holder'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 license
holder's well-being or the treatment of a patient or client whom the license
holder serves.
(D)
Failure of the individual license holder to submit to a
mental or physical examination order by the board constitutes an admission of
the allegations against the license holder, unless the failure is due to
circumstances beyond the individual's control.
(E)
If the board
determines that the individual's ability to practice is impaired, the following
actions may be taken:
(1)
The board may suspend or place restrictions on the
individual's license to practice;
(2)
Deny the
individual's application for licensure and require the individual to submit to
treatment; or
(3)
Other requirements as a condition for initial,
continued, reinstated, or renewed licensure to practice.
(F)
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;
or
(6)
Provide other functions as necessary to carry out the
provisions of this rule.
(G)
The
board-approved treatment program shall:
(1)
Receive relevant
information from the board office and other sources regarding the potential
impairment.
(2)
Report within five business days any license
holder:
(a)
Who
refuses to cooperate with an evaluation or investigation;
(b)
Who refuses to
submit to treatment or rehabilitation;
(c)
Whose impairment
is not substantially alleviated through treatment; or
(d)
Who in the
opinion of the evaluators is unable to practice under their license 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.
(H)
Pursuant to
division (E) of section
4755.06, division (H) of section
4755.411, division (A)(12) of
section 4755.61, and division (A)(8) of
section 4779.08 of the Revised Code, as
part of the board's impairment or diversion program, the board hereby
establishes a confidential, non-disciplinary program for the evaluation and
treatment of eligible practitioners who need assistance with a potential or
existing impairment due to abuse of or dependency on alcohol or drugs or other
medical condition or illness. This program shall be known as the board's safe
haven program.
(1)
The board may contract with one entity, hereafter
referred to as the monitoring organization, to conduct the safe haven program.
The monitoring organization shall use licensed mental health and addiction
professionals in the program. The monitoring organization shall determine the
eligibility for participation in the safe haven program and provide associated
services to eligible practitioners.
(2)
Eligible
practitioners shall include license holders of the board as well as applicants
who have applied for a license from the board.
(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 drugs or other medical condition or
illness;
(b)
Referral to treatment providers approved by the
monitoring organization for the purpose of evaluating and/or treating
impairment;
(c)
Establishment of individualized monitoring criteria for
a duration determined by the monitoring organization to ensure the continuing
care and recovery from impairment; and
(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; and
(g)
The board.
(5)
To participate in
the safe haven program, an eligible practitioner must enter into an agreement
with the monitoring organization to seek assistance for a potential or existing
impairment due to abuse of or dependency on alcohol or drugs or other medical
condition or illness. 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
seeking 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 solely 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 Chapters 4755. and 4779.
of the Revised Code or other provisions or rules adopted under
it.
(7)
The monitoring organization shall report to the board
for further investigation and/or disciplinary action any participant who is
unwilling or unable to complete or comply with any part of the safe haven
program, including evaluation, treatment, or monitoring.
(8)
The monitoring
organization shall periodically provide a de-identified report to the board
regarding all referrals received for individuals licensed by the
board.
(9)
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.
Notes
Promulgated Under: 119.03
Statutory Authority: 4755.06, 4755.411, 4755.61, 4779.08
Rule Amplifies: 4755.11, 4755.47, 4755.64, 4779.28
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