|
4731-16-06
Consent
agreements and orders for reinstatement of impaired practitioners.
(A)
The written consent agreement required under
division(F)(2)
of section 4730.25 of the Revised Code,
division (B)(26) of section 4731.22 of the
Revised Code, division (F)(2) of section 4760.13 of the Revised Code or division (F)(2) of
section 4762.13 of the Revised Code
and rule 4731-16-02 of the Administrative Code 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 under penalty of perjury
stating whether there has been compliance with all conditions of the consent
agreement;
(3)
Periodic appearances before the board or its representatives
as requested;
(4)
Permission from the board
for
departures
or absencesfrom Ohio. Such
periods of absence shall not reduce the probationary term, unless otherwise
determined by motion of the board for absences of three months or longer, or
by the secretary or the supervising member of the board for absences of less
than three months, in instances where the board can be assured that
probationary monitoring is otherwise being performed;
(5)
Restriction, surrender, or suspension of the practitioner's
U.S. drug enforcement administration certificate, where appropriate;
(6)
Maintenance of a log of all controlled substances, and other
drugs as directed by the board, which the practitioner prescribes,
dispenses, or administers, where appropriate;
(7)
Prohibition of authority to prescribe, administer, dispense,
order, or possess controlled substances and other substances which may
impair ability to practice, where appropriate;
(8)
Abstinence from the use of alcohol;
(9)
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 disease of
addiction;
(10)
Submission of
witnessed
urine or blood samples upon request
of the board, and without prior notice;
(11)
Undertaking and maintaining participation in alcoholics
anonymous, narcotics anonymous or other self help support group acceptable
to the board, where appropriate, in accordance with the terms of the
aftercare contract entered into with the approved treatment provider, with
evidence of compliance to be provided to the board in each quarterly report;
(12)
Undertaking psychiatric evaluation, and, where appropriate,
continuing treatment acceptable to the board, with evidence of compliance to
be provided in each quarterly report; and
(13)
Monitoring of progress and status by a physician approved by
the board, with reports to be provided to the board quarterly;
(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 current or prospective employers and hospital chiefs of staff,
and to all persons and entities that provide the individual chemical
dependency treatment or monitoring;
(16)
Contacting the appropriate impaired physicians committee, such
as the physician effectiveness program, to arrange for assistance in
recovery or aftercare;
(17)
Continuing compliance with the terms of the aftercare contract
entered into with the treatment provider, provided, that where terms of the
aftercare contract conflict with the terms of consent agreement, the terms
of the consent agreement shall control;
(18)
Continuing authorization, through appropriate written consent
forms, for disclosure by the treatment provider to the board, to treating
and monitoring physicians, and to others involved in the monitoring process,
of information necessary for them to fulfill their respective duties and
obligations;
(19) Minimum probationary term of at least five years, except that
a practitioner who first applies for licensure or license restoration after
receiving treatment for impairment may be given probation of less than five
years if the practitioner demonstrates continuous current sobriety of more
than one year but less than five years, and a practitioner who first applies
for licensure or license restoration after receiving treatment for
impairment may be licensed without probation if the practitioner
demonstrates continuous current sobriety of at least five years;
(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, shall not reduce 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
(B)
A violation of any term of the consent agreement described in
this rule shall constitute grounds to take disciplinary action in accordance
with Chapter 119. of the Revised Code.
Effective: November 30, 2002
|