Ohio Admin. Code 4725-19-01 - Impaired practitioner rules and safe haven program
(A)
Definitions
(1)
"License holder"
applies to the following license types:
(a)
Ocularist
(b)
Optician
(c)
Optometrist
(2)
"Registrant"
applies to apprentices registered with the board and under the supervision of a
licensed optometrist or ophthalmologist
(B)
"Board" means the
vision professionals board.
(C)
For purposes of
the rule, an individual license holder or registrant who accepts the privilege
of practicing or training in this state is subject to the supervision by the
board. The act of filing an application for licensure or being licensed by or
registered with 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.
(D)
If the board receives information by the filing of a
verified complaint with the board office or upon its own information that an
individual license holder's or registrant'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 or
registrant to submit to a mental or physical examination at the license
holder's or registrant'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 or registrant's well-being or the treatment of a patient whom
the license holder or registrant serves.
(E)
Failure of the
individual license holder or registrant to submit to a mental or physical
examination order by the board constitutes an admission of the allegations
against the individual license holder or registrant unless the failure is due
to circumstances beyond the individual's control.
(F)
If the board
determines that the individual's ability to practice or train is impaired the
following actions may be taken:
(1)
The board shall suspend or place restrictions on the
individual's license to practice or registration to train; or
(2)
Deny the
individual's application for licensure or registration to train and require the
individual to submit to treatment; or
(3)
Other
requirements as a condition for initial, continued, reinstated, or renewed
licensure to practice or registration to train.
(G)
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.
(H)
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 five
days any license holder or registrant:
(a)
Who refuses to
cooperate with an evaluation or investigation.
(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 under their license or
registration 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 or
registrant's progress.
(6)
Provide a final report including the treatment outcome
and a finding as to the license holder's or registrant'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.
(I)
Pursuant to division (A) of section
4725.09 of the Revised Code, the
board may establish a confidential, non-disciplinary program for the evaluation
and treatment of eligible participant 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 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
participants.
(2)
Eligible participants shall include licensees of the
board, apprentices, 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
other 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,
apprentices, and licensees;
(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 participant 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 other 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 participant'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 have 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 this chapter or Chapter
4725 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 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 for individuals licensed or registered 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: 4725.09, 4725.34
Rule Amplifies: 4725.01, 4725.34, 4725.19
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