Ohio Admin. Code 4731-16-05 - Examinations
(A)
Any impairment examination of an applicant or
practitioner ordered by the board and performed by an evaluator or treatment
provider approved by the monitoring organization and under contract with the
board shall include all of the following:
(1)
Comprehensive
evaluation pertinent to the reasons for referral, including:
(a)
Routine
laboratory tests;
(b)
Psychiatric evaluation, if applicable;
(c)
Comprehensive
biopsychosocial assessment; and
(d)
Physical
examination, if applicable.
(2)
For individuals
referred for examination related to substance use disorder, the evaluation
shall also include:
(a)
Urine, hair or blood toxicology testing, or any other
appropriate toxicology testing, with legal chain of custody and forensic
capability protocol;
(b)
Corroborating interviews of at least two persons who
are close to the individual; and
(c)
Administration of
at least two clinically approved substance use disorder assessment
tools.
(3)
The duration and type of the examination shall be
determined by the evaluator or treatment provider based upon the individual's
condition and based on an assessment of the impact of the potential impairment
on patient safety.
(B)
A diagnosis made
by an approved evaluator or treatment provider based on an examination ordered
by the board shall be made solely for the purpose of providing evidence for use
by the board. A practitioner or applicant who undergoes an examination ordered
by the board but who refuses to authorize the evaluator or treatment provider
to release reports or information to the board shall be deemed to have failed
to submit to the examination due to circumstances within the individual's
control, and a default and final order may be entered without the taking of
testimony or presentation of evidence.
(C)
The report issued
pursuant to an examination ordered by the board shall be submitted to the board
within five days following completion of the examination.
(D)
The board may
require the practitioner or applicant to submit to a drug toxicology screen at
the time it serves its order to submit to an examination or at any time after
it issues the examination order and before the examination is completed.
(1)
The drug
toxicology screen shall be considered part of the examination.
(2)
Refusal to submit
to the drug toxicology screen immediately upon such request shall constitute
failure to submit to an examination ordered by the board and shall constitute
an admission of the allegations against the individual unless the failure is
due to circumstances beyond the individual's control. A default and final order
may be entered without the taking of testimony or presentation of
evidence.
(E)
An individual ordered by the board to an examination
who refuses to authorize the evaluator or treatment provider to contact any
person identified by the evaluator or treatment provider as being appropriate
for the purpose of conducting a corroborating interview as part of the
examination shall be deemed to have failed to submit to the examination due to
circumstances within the individual's control, and a default and final order
may be entered into without the taking of testimony or presentation of
evidence.
Replaces: 4731-16-05
Notes
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4731.255, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Rule Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4731.252, 4731.253, 4731.254, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Prior Effective Dates: 10/31/1995, 09/01/1999, 11/30/2002, 06/30/2007, 01/31/2009, 04/30/2009, 01/31/2022
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