20 CSR 2220-2.175 - Well-Being Program
PURPOSE: This amendment updates requirements for the Well-Being Committee providers and Well-Being Committee participants.
(1)
Definitions.
(A) Board-State Board of
Pharmacy.
(B) Impairment-An
illness, substance abuse, or physical or mental condition suffered by a
licensee that is reasonably related to the ability to practice
pharmacy.
(C) Licensee-Pharmacist,
intern pharmacist, or technician licensed or registered in the state of
Missouri or who has applied for licensure or registration in the state of
Missouri.
(D) Well-Being
Committee-The committee established pursuant to section
338.380, RSMo, authorized to
create, operate, and maintain the Well-Being Program.
(E) Well-Being Program- The program operated by the
Well-Being Committee for purposes of early identification, intervention,
treatment, and rehabilitation of pharmacists, intern pharmacists, and pharmacy
technicians who may be impaired by reasons of illness, substance abuse, or as a
result of any physical or mental condition.
(2) The board may contract with a contractor
for purposes of creating and operating the Well-Being Program. Operational
costs of the Well-Being Program may be paid by the board, subject to available
funding. All costs of drug screens and professional and administrative services
provided to a participant shall be paid by the participant, unless otherwise
provided by the board.
(3) A
participant may enter the Well-Being Program voluntarily or by referral of the
board pursuant to a settlement agreement or other disciplinary order.
Participants entering the Well-Being Program voluntarily shall be subject to
and comply with all requirements of this rule. Each participant shall be
financially responsible for all drug screens and any other professional or
administrative service rendered on behalf of the participant.
(4) Well-Being Committee Duties.
(A) The committee shall oversee all aspects
of the Well-Being Program including, but not limited to, program
administration, staffing, financial operations, and case management. The
committee shall provide services as needed to carry out the functions of
section 338.380, RSMo, including, but
not limited to:
1. Referring participants for
appropriate assessment or evaluation and ensuring that treatment
recommendations based on the assessment are followed as deemed appropriate by
the board or committee;
2.
Assisting the participant in obtaining evaluation and treatment;
3. Monitoring participant compliance with the
contract between the committee and participant;
4. Monitoring the participant's compliance
with the terms of any board disciplinary order/agreement;
5. Monitoring treatment progress and re-entry
contractual compliance;
6.
Managing/monitoring random drug screens;
7. Assisting participants to re-enter
practice from treatment;
8.
Assisting with aftercare issues or recommendations;
9. Program development;
10. Outreach education, as requested by the
board by contract;
11. Managing,
ensuring, and monitoring random and scheduled drug screens; and
12. Other necessary services as agreed by the
board and committee.
(B)
The committee shall enter into written contracts with each participant. Unless
otherwise approved by the board, the contract between the committee and the
participant shall be a minimum of five (5) years or the time designated by the
board, and shall include, but shall not be limited to, the following
conditions/requirements:
1. Each participant
shall comply with all terms, conditions, or treatment identified, required, or
recommended by the committee or the board for the treatment, evaluation,
monitoring, or assessment of the participant;
2. Each participant shall abstain from the
possession or consumption of legend medication, except as prescribed by a
treating prescriber or approved by the committee;
3. Each participant shall abstain from
possession and the consumption of alcohol, and the possession or consumption of
illegal drugs;
4. Each participant
shall submit to random drug testing unless otherwise specified by the board or
committee;
5. Each participant
shall enter treatment within forty-eight (48) hours following the committee's
or an approved evaluator's determination that the participant needs treatment,
unless otherwise approved by the board or committee;
6. Each participant shall report to the
committee all relapses or other breaches of the contractual terms;
7. Each participant shall report to or meet
with the board or committee, or a board or committee appointed designee, as may
be requested by the board/committee;
8. Each participant shall attend support
meetings as requested by the committee or treatment providers;
9. Each participant referred to the
Well-Being Program by the board shall authorize the committee to release any
and all information regarding the participant to the board;
10. Each participant voluntarily enrolled in
the Well-Being Program shall authorize the committee to release any and all
information or documents regarding the participant to the board upon a
violation of any state or federal drug law or if the participant breaches or
fails to comply with any terms of a Well-Being contract; and
11. Each participant shall be financially
responsible for all drug screens and any other professional or administrative
service rendered on behalf of the participant.
(5) Committee Administrator Duties.
(A) The Well-Being Committee shall appoint
and designate a committee administrator for approval by the board. The
committee administrator shall oversee and manage the daily operations of the
committee and assist with committee administrative duties.
(B) The committee administrator shall possess
a combination of education and experience in the area of addiction counseling
and be currently licensed in Missouri as a psychologist, psychiatrist,
professional counselor, or clinical social worker. Upon request of the
committee, the board may waive the licensure requirements of this subsection
for qualified applicants that otherwise possess an equivalent combination of
education and experience, as required by this rule.
(C) The committee administrator shall also be
familiar with licensees suffering from impairment issues which include, but
shall not be limited to, the following:
1.
Dependency;
2. Alcohol
addiction;
3. Drug
addiction;
4. Other addictive
diseases;
5. Physical issues;
and
6. Mental health issues.
(6)
Voluntary Participants.
(A) Except as
otherwise provided in this subsection, the identity of participants who
voluntarily submit to the Well-Being Program shall remain anonymous to the
board.
(B) The contractor shall
file a Notice of Non-Compliance with the board against any voluntary
participant who breaches or fails to comply with the terms of any Well-Being
Program contract or who violates any state or federal drug law. The Notice of
Non-Compliance must include the participant's name, license number, and the
factual basis for the alleged contractual breach/non-compliance. The committee
shall also supply to the board any information or documentation that supports
or evidences the alleged non-compliance.
(7) Reporting.
(A) The committee shall provide to the board
in writing-
1. An annual action plan and
budget as directed by the board. The committee shall report on progress with
regard to preparing and implementing the action plan and budget as requested by
the board;
2. Progress reports with
regard to each participant in or being assisted by the Well-Being Program,
provided the identity of participants who voluntarily submit to the Well-Being
Program shall remain anonymous to the board for purposes of these reports,
except as otherwise provided by this rule;
3. Participant treatment, evaluation, and
rehabilitation records as requested by the board, except as otherwise provided
by this rule;
4. Quarterly income
and expense reports for the Well-Being Program or other financial report
requested by the board regarding the operation of the Well-Being Program; and
5. Any other report or information
requested by the board, except as otherwise provided by this rule for voluntary
participants.
(B)
Violation reporting. In addition to the other requirements of this rule, the
committee shall report to the board in writing-
1. All participant violations of a board
disciplinary order/agreement, any provision of Chapter 338, RSMo, or the board
regulations, or any state or federal drug law, which occurs after the date of
the disciplinary order/ agreement or the date the participant entered the
Well-Being Program, whichever occurs first;
2. Any participant who fails to enter
treatment within forty-eight (48) hours following the committee's or an
evaluator's determination that the participant needs treatment;
3. Any participant who does not comply with
the terms of a Well-Being Program contract or who resumes the practice of
pharmacy before an approved treatment provider or committee has made a clear
determination that the licensee is capable of practicing; and
4. Any breach of contract by the Well-Being
Committee or committee administrator.
(8) Confidentiality.
(A) Except as otherwise provided by this
rule, the committee shall provide the board access to all information
pertaining to each participant referred to the committee by the
board.
(B) The board and committee
may exchange privileged and confidential information, interviews, reports,
statements, memoranda, and other documents including information on
investigations, findings, conclusions, interventions, treatment,
rehabilitation, and other proceedings of the board and committee, and other
information closed to the public, as needed to effectuate section
338.380, RSMo, or to promote the
identification, intervention, treatment, rehabilitation, and discipline
(accountability) of participants who may be impaired.
Notes
*Original authority: 338.140.1, RSMo 1939, amended 1981, 1989, 1997 and 338.380, RSMo 2007.
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