Ohio Admin. Code 4758-11-03 - Confidential, non-disciplinary program
(A)
The board may
establish a confidential, non-disciplinary program for the evaluation and
treatment of eligible practioners who need assistance with a potential or
existing impairment due to substance use disorder or other mental health
conditions. This program shall be known as the board's safe haven
program.
(B)
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
practioners.
(C)
Eligible practitioners shall include licensees or
certificate holders of the board as well as applicants who have applied for a
license or certificate from the board.
(D)
Services provided
by the monitoring organization include but are not limited to the
following:
(1)
Screening and/or evaluation for possible impairment due
substance use disorder or other mental health conditions.
(2)
Referral to
treatment providers approved by the monitoring organization for the purpose of
evaluating and/or treating impairment.
(3)
Establishment of
individualized monitoring criteria for a duration determined by the monitoring
organization to ensure the continuing care and recovery from
impairment.
(4)
Case management.
(E)
The monitoring
organization that contracts with the board to conduct the safe haven program
may receive referrals from any of the following:
(1)
Applicants,
licensees or certificate holders.
(2)
Other
individuals.
(3)
Employers.
(4)
Professional
societies and associations.
(5)
Health care
personnel and treatment providers.
(6)
Other entities
and organizations.
(7)
The Ohio chemical dependency professionals
board.
(F)
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 substance use
disorder or other or mental health conditions. The agreement may specify but is
not limited to the following:
(1)
Treatment and therapy plan.
(2)
Support group
participation.
(3)
Case management.
(4)
Duration of
monitoring. Relapses and other failures to comply with the terms of the
agreement may resutl in longer period of monitoring. As appropriate, an
addendum to the agreement many be initiated by the imonitoring
organization.
(5)
Approved work activities, including but not limited to
abstaining from work while receiving evaluation and/or treatment as well as
ongoing monitoring of compliance with any restrictions or limitations specified
by the monitoring organization or the board.
(6)
Random toxicology
testing.
(7)
Releases for seeking information or records related to
the practitioners's impairment, including but not limited to family or
designated persons, health care personnel, employers, and treatment
providers.
(8)
Grounds for dismissal from participation in the
non-disciplinary, safe haven program for failure to comply with program
requirements.
(9)
Any required fees assoicated with participation in the
non-disciplinary, safe haven program, including but not limited to fees for
treatment services and toxicology testing.
(G)
The board shall
not insitute disciplinary action based on impariment 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 this chapter or Chapter
4758. of the Revised Code.
(H)
The monitoring
organization shall report to the board for further investigation and/or action
any participant who is unwilling or unable to complete or comply with the
confidential, non-disciplinary safe haven program.
(I)
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: 4758.20
Rule Amplifies: 4758.20
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