This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4731-16-01 | Definitions.
Effective:
November 30, 2023
As used in this chapter of the Administrative
Code: (A) "Applicant" has the same
meaning as used in division (A) of section 4731.25 of the Revised
Code. (B) "Approved evaluator or treatment provider"
means an evaluator or treatment provider approved by the monitoring
organization pursuant to section 4731.251 of the Revised Code and this chapter
of the Administrative Code. (C)
"The board" means the state medical board of Ohio. (D) "Confidential monitoring program" means a
confidential non-disciplinary program for the evaluation and treatment of
practitioners and applicants who are, or may be impaired under sections 4731.25
to 4731.255 of the Revised Code. (E) "Continuing care" or
"Aftercare" means regular treatment sessions following the
successful completion of primary treatment which are facilitated by a licensed
healthcare provider to address ongoing recovery issues and are provided by a
treatment provider approved by the monitoring organization. (F) "Impaired" or "Impairment" has
the same meaning as used in divisions (A)(2)(a) and (A)(2)(b) of section
4731.25 of the Revised Code. Impairment includes the inability to practice
according to acceptable and prevailing standards of care by reason of mental
illness, mental disorder, or physical illness, including but not limited to
physical deterioration that adversely affects cognitive, motor, or perceptive
skills. Impairment includes the inability to practice in accordance with such
standards without appropriate treatment, monitoring, or
supervision. (G) "Impaired physician committee" includes
health committees, physician assistance committees, peer support committees,
and similar bodies. (H) "Monitoring organization" means an entity
that meets the requirements of division (B) of section 4731.25 of the Revised
Code and enters into a contract with the board for the operation of the
confidential monitoring program for impaired practitioners and applicants,
review and approval of evaluators and treatment providers in section 4731.251
of the Revised Code, and assists the board with monitoring impaired
practitioners who are subject to formal disciplinary action by the board under
division (C) of section 4731.251 of the Revised Code. (I) "Practitioner" has the same meaning as used
in section 4731.25(A)(3) of the Revised Code.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-02 | General procedures in impairment cases.
Effective:
November 30, 2023
(A) Should the board have reason to
believe that any practitioner or applicant is impaired, it shall refer the
individual to the monitoring organization. In addition, upon notification by
the monitoring organization that the practitioner or applicant is not eligible
for the confidential monitoring program, the board may compel the individual to
submit to a mental or physical examination, or both. (1) Such examinations
shall be undertaken by an evaluator or treatment provider under contract with
the board and on the approved list maintained by the monitoring
organization. (2) The notice issued
ordering the individual to submit to examination shall delineate acts, conduct
or behavior committed or displayed which establish reason to believe that the
individual is impaired. (3) Failure to submit to
examination ordered by the board constitutes an admission of impairment unless
the failure is due to circumstances beyond the individual's
control. (B) In cases where the only potential
disciplinary violation is based on impairment, the board may do the
following: (1) Upon identification
by the board of reason to believe that a practitioner or applicant is impaired
and not eligible for the confidential monitoring program, it may require an
examination or examinations as set forth in paragraph (A) of this rule. The
examination must meet all requirements of rule 4731-16-05 of the Administrative
Code. (a) If the examination or examinations fail to disclose
impairment, the board shall not issue discipline based on impairment unless
other investigation produces reliable, substantial, and probative evidence
demonstrating impairment. (b) If the examination or examinations disclose impairment,
or if the board has other reliable, substantial, and probative evidence
demonstrating impairment, the board may initiate proceedings to suspend the
license or deny the applicant. The board may issue an order of summary
suspension. (2) The presence of one
or more of the following circumstances shall constitute independent proof of
impairment and shall support license suspension or denial without the need for
an examination: (a) The individual has relapsed during or following
treatment and the individual is not under a current monitoring agreement with
the monitoring organization; (b) The individual has applied for or requested treatment
in lieu of conviction of a criminal charge or intervention in lieu of
conviction of a criminal charge, or has applied for or requested entry into a
similar diversion or drug intervention program and the individual is not
eligible for the confidential monitoring program; (c) The individual has pled guilty to or has had a judicial
finding of guilt of a criminal offense that involved the individual's
personal use or abuse of any controlled substance, and the individual is not
eligible for the confidential monitoring program. (3) Before being eligible
to apply for reinstatement of a license suspended under this paragraph the
impaired individual must demonstrate to the board that the individual can
resume practice in compliance with acceptable and prevailing standards of care
under the provisions of the individual's license. Such demonstrations
shall include but shall not be limited to the following: (a) Certification from a treatment provider approved by the
monitoring organization under section 4731.251 of the Revised Code that the
individual has successfully completed all required treatment as determined by
the treatment provider and the medical director or designee of the monitoring
organization. The treatment may include withdrawal management, inpatient,
residential, extended residential, partial hospitalization, intensive
outpatient, outpatient, continuing care, or other therapy or
treatment. (b) Evidence of continuing full compliance with any
aftercare or continuing care contract as determined by the treatment provider
and the medical director or designee of the monitoring organization and with
any consent agreement or order of the board then in effect; (c) Two written reports indicating that the
individual's ability to practice has been assessed and that the individual
has been found capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or providers
approved by the board or monitoring organization for making such assessments
and shall describe the basis for this determination. A physician who is the
medical director of a treatment provider approved by the monitoring
organization under section 4731.251 of the Revised Code may perform such an
assessment without prior board approval. (4) The board may
reinstate a license suspended under this paragraph after the demonstration
described in paragraph (B)(3) of this rule and after the individual has entered
into a written consent agreement which conforms to the requirements set forth
in rule 4731-16-06 of the Administrative Code, or after the board has issued a
final order in lieu of a consent agreement. (5) When the impaired
individual resumes practice after license reinstatement, the board shall
require continued monitoring of the individual. This monitoring, which may be
completed by the monitoring organization at the discretion of the board, shall
include but not be limited to compliance with the written consent agreement
entered into before reinstatement or compliance with conditions imposed by
board order after a hearing, if applicable. (C) In cases where the board has
initiated a disciplinary action for violations other than for impairment and
the practitioner or applicant is participating in the confidential monitoring
program or is under a board order or consent agreement for impairment, the
general pattern of action described in paragraph (B) of this rule will be
followed with the following exceptions: (1) If the board
permanently revokes a license, the individual shall not be eligible for further
consideration for licensure or license reinstatement; (2) If the board imposes
a period of ineligibility for licensure, the individual shall not be eligible
for licensure or license reinstatement until the period of ineligibility has
lapsed; (3) If the board imposes
an indefinite period of ineligibility, licensure or license reinstatement shall
depend upon successful completion of the requirements in paragraphs (B)(3) and
(B)(4) of this rule and determination by the board that the period of
suspension or ineligibility served is commensurate with the violations
found.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-04 | Other violations.
Effective:
November 30, 2023
For purposes of board disciplinary action for
violations of any board rule or law, impairment shall not excuse acts which
result in a plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a felony, a
misdemeanor committed in the course of practice, or a misdemeanor involving
moral turpitude, the commission an act that constitutes a felony, misdemeanor
in the course of practice, or misdemeanor of moral turpitude, in this state, or
which might, as determined by the board, have an adverse impact on other
individuals. Such acts shall constitute independent basis for disciplinary
action.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-05 | Examinations.
Effective:
November 30, 2023
(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.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-06 | Consent agreements and orders for reinstatement of impaired applicants and practitioners.
Effective:
November 30, 2023
(A) The written consent agreement for
impaired practitioners or applicants prior to reinstatement of a suspended
license, or any board order entered in lieu of a consent agreement, shall
require, at a minimum, the following probationary and limiting
terms: (1) Obedience of all
federal, state, and local laws, and all rules governing practice in
Ohio; (2) Submission of
quarterly declarations attesting whether there has been compliance with all
conditions of the consent agreement; (3) Periodic appearances
before the board, its representatives, or the monitoring organization as
requested; (4) Notification to the
board of departures or absences from Ohio. Periods of departure or absence
shall not reduce the probationary term, unless otherwise determined by the
secretary or the supervising member of the board, in instances where the board
can be assured that probationary monitoring is otherwise being
performed; (5) Maintenance of a log
of all controlled substances, and other drugs as directed by the board, which
the practitioner prescribes, orders, personally furnishes, or administers,
where appropriate; (6) Prohibition of
authority to prescribe, administer, personally furnish, order, or possess
controlled substances and as directed by the board, other substances which may
impair ability to practice, where appropriate; (7) Abstinence from the
use of alcohol, where appropriate; (8) Abstinence from the
use or personal possession of drugs, except those prescribed, administered, or
dispensed by another person so authorized by law who has knowledge of the
patient's history and of substance use disorder, where
appropriate; (9) Submission of urine,
blood, or other toxicology samples upon request of the board or the monitoring
organization, and without prior notice, where appropriate; (10) Undertaking and
maintaining participation in a self-help support group acceptable to the board
or the monitoring organization, such as alcoholics anonymous or narcotics
anonymous, where appropriate, with evidence of compliance to be provided in
each quarterly report; (11) Undertaking
psychiatric evaluation, and, where appropriate, continuing treatment acceptable
to the board or the monitoring organization, with evidence of compliance to be
provided in each quarterly report; (12) Monitoring physical
medical condition, where appropriate; (13) Monitoring of
progress and status by a physician or other licensed healthcare professional
approved by the board or the monitoring organization, with reports to be
provided in each quarterly report, where appropriate; (14) Prior approval by
the board of any practice arrangements or any health care field employment,
where appropriate; (15) Copies of the
agreement to be provided by the individual to all of the following during the
effective period of the agreement or board order: (a) All employers or prospective employers, entities with
which the individual contracts or seeks to contract to provide health services
or receive training, the chief of staff at each hospital where the individual
has or applies for privileges, and all persons and entities that provide the
individual treatment or monitoring; and (b) The proper licensing authority of any state or
jurisdiction in which the individual holds or applies for any professional
license. (16) Contacting the
monitoring organization to arrange for monitoring services, where
appropriate; (17) Continuing
compliance with the terms of any aftercare or continuing care contract entered
into with the treatment provider or healthcare provider, provided, that where
terms of the aftercare or continuing care contract conflict with the terms of
the consent agreement or board order, the terms of the consent agreement or
board order shall control; (18) Continuing
authorization, through appropriate written consent forms, for disclosure by the
evaluator or treatment provider to the board, to treating and monitoring
physicians, the monitoring organization and to others involved in the
monitoring process, of information necessary for them to fulfill their
respective duties and obligations; (19) Appropriate minimum
probationary term; (20) Periods during which
the probationer is not in compliance with all probationary terms, or during
which all probationary monitoring provisions have not yet been implemented, as
determined by the secretary of the board, may result in the extension of the
term of probation; (21) No requests by the
probationer for modifications to probationary terms for at least one year;
and (22) Prohibition of
consumption of poppy seeds or any other food or liquid that may produce false
results in a toxicology screen, where appropriate. (B) A violation of any term of the
consent agreement or board order described in this rule shall constitute
grounds to take disciplinary action in accordance with Chapter 119. of the
Revised Code.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-08 | Criteria for approval for evaluators and treatment providers.
Effective:
November 30, 2023
(A) In order to be approved as an
evaluator or treatment provider for impaired applicants or practitioners, the
evaluator or treatment provider must submit an application to the monitoring
organization, which includes information regarding the areas of expertise and
services provided, accreditation status, staffing composition, treatment
approaches utilized, census and financial information, and other information as
requested by the monitoring organization. (B) The monitoring organization shall review individuals
and entities providing evaluations and treatment to licensees and applicants
who are impaired or potentially impaired. (1) As part of the review the monitoring organization shall
determine whether the individual or entity has the capability to evaluate
impaired or potentially impaired practitioners or applicants for conditions
which impair the ability to practice in accordance with acceptable and
prevailing standards of care, including mental or physical illness, including
substance use disorder. (2) As part of the review, the monitoring organization
shall determine whether the individual or entity has the capability to provide
treatment to impaired practitioners or applicants, which may include withdrawal
management, inpatient, residential, extended residential, partial
hospitalization intensive outpatient, outpatient, continuing care, or other
therapy or treatment. (3) Evaluators or treatment providers which are facilities
providing substance use disorder evaluation or treatment shall hold
accreditation from one of the following: (a) Commission on
accreditation of rehabilitation facilities; (b) American society of
addiction medicine; or (c) The joint
commission. (4) Evaluators or treatment providers which are facilities
providing mental health disorder evaluation or treatment shall hold
accreditation from one of the following: (a) Commission on
accreditation of rehabilitation facilities; or (b) The joint
commission. (5) Evaluators or treatment providers who are individual
physicians or other licensed healthcare professionals shall provide evidence of
education, training, and experience treating the relevant diseases or
conditions. (C) The monitoring organization shall prepare of list of
approved evaluators and treatment providers and make that available to
practitioners or applicants referred to the monitoring
organization. (D) The monitoring organization shall provide annual
training to evaluators and treatment providers regarding the eligibility
requirements for the confidential monitoring program, the board's
statutes, rules, and policies regarding impairment, and evaluator and treatment
provider reporting requirements. (E) The monitoring organization shall periodically review
the operations and outcomes of the evaluators and treatment providers to
determine whether the standard of care is being met. If the monitoring
organization determines that any evaluators or treatment providers no longer
meet the standard of care, the monitoring organization may remove the evaluator
or treatment provider from the list provided to impaired or potentially
impaired licensees and applicants. (F) The approved evaluator or treatment provider shall do
the following: (1) Develop an individualized treatment plan for every
practitioner or applicant who enters treatment including any required
supervision or restrictions of practice during treatment; (2) Require a practitioner to suspend practice as required
by the treatment provider or the monitoring organization medical director or
designee; (3) Report to the monitoring organization any instances of
violations of this chapter, including any practitioner or applicant who due to
impairment present an imminent danger to oneself or the public and any
practitioner or applicant who is unwilling or unable to complete or comply with
the terms of evaluation, treatment, or monitoring; (4) Report to the monitoring organization the resumption of
practice of any impaired practitioner before the treatment provider and medical
director or designee of the monitoring organization has made a clear
determination that the practitioner is capable of practicing according to
acceptable and prevailing standards of care; (5) Fulfill all recordkeeping requirements applicable under
state and federal laws, including completing and maintaining records for each
practitioner and applicant seen for evaluation and treatment; and (6) Require every practitioner or applicant who submits for
an evaluation or enters treatment to execute a release with respect to issuance
of the required reports to the monitoring organization. (G) Each quarter, the evaluator or treatment provider shall
provide to the monitoring organization information regarding licensees or
applicants seen for evaluation or treatment under the confidential monitoring
program, as determined by the monitoring organization. (H) The evaluator or treatment provider shall notify the
monitoring organization of the following changes prior to the effective
date: (1) Transfer of ownership of program; (2) Change in location of the program; or (3) Change in medical director. (I) The evaluator or treatment provider shall not report to
the board the identity of a practitioner or applicant who has been referred for
evaluation or treatment by a party other than the board, so long as the
practitioner or applicant maintains participation in accordance with
requirements of the confidential monitoring program under section 4731.25 of
the Revised Code. (J) Nothing in this rule relieves licensees of the board of
their duty to report violations of laws and rules to the board.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-17 | Requirements for confidential monitoring program.
Effective:
November 30, 2023
(A) Practitioners and applicants of the
board who may be impaired in the ability to practice in accordance with
acceptable and prevailing standards of care and who want to participate in the
confidential monitoring program shall complete the following
requirements: (1) The practitioner or
applicant shall contact the monitoring organization under contract with the
board and obtain a list of the approved evaluators and treatment
providers; (2) If the practitioner
or applicant reports directly to an approved treatment provider, the
practitioner or applicant licensee shall contact the monitoring organization
upon referral from the approved evaluator or treatment provider;
and (3) The practitioner or
applicant shall participate in an evaluation conducted by an evaluator or
treatment provider in accordance with the recommendation of the monitoring
organization. (B) The evaluator or treatment provider
shall provide the information regarding the diagnosis and eligibility
determination to the monitoring organization for confirmation of
eligibility. (C) If the practitioner or applicant is
determined to be impaired and not to be eligible for the confidential
monitoring program, the practitioner or applicant and the monitoring
organization shall report this information to the board. (D) Once a practitioner or applicant is
determined to be eligible for the confidential monitoring program, the
practitioner or applicant shall report to an approved treatment provider for
treatment within the timeframe recommended by the monitoring organization. The
treatment provider shall develop an individualized treatment plan that may
include a combination of inpatient, residential, partial hospitalization,
outpatient or intensive outpatient treatment. (1) The practitioner or
applicant shall be required to immediately suspend practice if it is
recommended by the evaluator or treatment provider or the medical director or
designee of the monitoring organization. The practitioner or applicant shall
suspend practice until determined to be able to practice according to
acceptable and prevailing standards by the evaluator or treatment provider and
the medical director or designee of the monitoring organization. (2) The monitoring
organization shall notify the board of any practitioner who returns to work
prior to obtaining the release from the treatment provider and the monitoring
organization medical director or designee. The board shall proceed in
accordance with rule 4731-16-02 of the Administrative Code. (3) The monitoring
organization shall notify the board of any practitioner or applicant who does
not successfully complete the prescribed treatment. The board shall proceed in
accordance with rule 4731-16-02 of the Administrative Code. (4) The monitoring
organization shall ensure that the practitioner or applicant has entered into
an agreement with an approved continuing care provider if continuing care is
recommended by the treatment provider. If continuing care is recommended, the
monitoring organization shall confirm that the practitioner or applicant
completes continuing care sessions in accordance with the recommendation until
released by the continuing care provider and the medical director or designee
of the monitoring organization. (E) In order to continue participation in
the confidential monitoring program, after successful completion of any
recommended treatment, the practitioner or applicant shall enter into an
agreement with the monitoring organization. The agreement may include the
following provisions: (1) Random toxicology
testing, if applicable; (2) Attendance at drug
and alcohol support group meetings (e.g., alcoholics anonymous or narcotics
anonymous) or other support group, as directed by the monitoring organization,
if applicable; (3) Treatment and therapy
plan; (4) Continuing care
participation, if applicable; (5) Case
management; (6) Duration of
monitoring. Relapses and other failure to comply with terms of the agreement
may result in a longer period of monitoring; (7) Releases for
information or records related to the practitioner's impairment,
including but not limited to family, peers, health care personnel, employers,
and treatment providers; (8) Grounds for dismissal
from participation in the confidential monitoring program for failure to comply
with program requirements. An individual who chooses not to continue in the
confidential monitoring program shall be referred to the board for further
investigation or disciplinary action; and (9) Any required fees
associated with participation in the confidential monitoring program, including
but not limited to fees for toxicology testing. (F) The practitioner or applicant shall
be released from monitoring by the medical director or designee of the
monitoring organization upon successful completion of monitoring. (G) The board shall develop guidelines in
collaboration with the monitoring organization for the reporting of
non-compliance with conditions of the confidential monitoring program.
Non-compliance shall be reported to the board by the practitioner or applicant
and the medical director of the monitoring organization.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-19 | Monitoring organization for confidential monitoring program.
Effective:
November 30, 2023
(A) The board shall enter into a contract
with a monitoring organization to monitor applicants and practitioners
participating in the confidential monitoring program. (1) The monitoring
organization shall provide practitioners and applicants with a list of
treatment providers approved to provide evaluations and treatment for the
confidential monitoring program. (2) The medical director
or designee of the monitoring organization shall, along with the medical
director of the treatment provider, review and determine whether an individual
is able to practice according to acceptable and prevailing standards of
care. (3) The medical director
or designee of the monitoring organization shall, along with the continuing
care provider, review and determine whether an individual is eligible for
release from continuing care, if applicable. (4) At the request of the
board, the medical director of the monitoring organization, or designee, shall
provide testimony in any disciplinary proceeding involving a practitioner or
applicant reported to the board by the monitoring organization. (B) The agreements between the monitoring
organization and practitioner or applicant shall establish the monitoring
terms, including the minimum duration and the events which could lead to a
longer duration. (C) The medical director or designee of
the monitoring organization shall review each individual and make a
determination as to whether the individual is released from
monitoring. (D) The monitoring organization shall,
within seventy-two hours, report to the board any of the
following: (1) Any practitioner or
applicant referred to the confidential monitoring program who was found to be
impaired and ineligible to participate in the program; (2) Any practitioner or
applicant who fails to attend an evaluation recommended by the monitoring
organization; (3) Any practitioner or
applicant found to be impaired who fails to enter or complete treatment as
recommended by the treatment provider and the monitoring
organization; (4) Any practitioner or
applicant found to be impaired who fails to enter or complete continuing care
as recommended by the treatment provider and the monitoring
organization; (5) Any practitioner or
applicant found to be impaired who fails to enter into a monitoring agreement
as recommended by the monitoring organization; (6) Any practitioner or
applicant who fails to comply with a monitoring agreement and that failure
results in an imminent risk of harm to the public or the
practitioner; (7) Any practitioner or
applicant who presents an imminent danger to the public or the practitioner, as
a result of the practitioner's or applicant's impairment;
and (8) Any practitioner or
applicant whose impairment has not been substantially alleviated by
participation in the program. (E) The monitoring organization shall
provide annual and quarterly reports to the board regarding the confidential
monitoring program. (F) The monitoring organization, in
consultation with the board, shall provide education to the practitioners,
applicants, evaluators, treatment providers and continuing care providers
regarding eligibility criteria for the confidential monitoring program and the
statutes, rules and policies of the board regarding impairment. (G) The monitoring organization shall
notify the board of any individual who returns to work prior to obtaining the
release from the treatment provider and the monitoring organization medical
director or designee. (H) The monitoring organization shall
notify the board of any individual who does not successfully complete the
prescribed treatment.
Last updated November 30, 2023 at 10:50 AM
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Rule 4731-16-20 | Evaluators and treatment providers in the confidential monitoring program.
Effective:
November 30, 2023
(A) The evaluator or treatment provider
shall perform an evaluation appropriate to the practitioner or
applicant's condition to determine the degree of impairment of the
practitioner or applicant and shall develop an individualized treatment plan.
The individualized treatment plan may include a combination of in-patient,
residential, partial hospitalization, intensive outpatient treatment,
outpatient treatment, or other appropriate therapy or treatment appropriate to
the practitioner or applicant's condition. (B) The evaluator or treatment provider
may recommend that the practitioner immediately suspend practice upon
determination of impairment. Clearance from the treatment provider and
monitoring organization medical director or designee are required for return to
practice. Failure of the practitioner or applicant to follow the recommendation
shall be reported to the board by the treatment provider and the monitoring
organization. (C) The evaluator or treatment provider
shall notify the monitoring organization of the determination of impairment and
the treatment plan. (D) The treatment plan shall include
group therapy with other patients who work in similar disciplines as the
licensee or other professionals, as appropriate. (E) The treatment plan shall include
education regarding the statutes, rules, and policies of the board with respect
to impairment. (F) The treatment plan may include
education to assist the practitioner to transition back to work, if
applicable.
Last updated November 30, 2023 at 10:50 AM
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