Ohio Administrative Code › Title 4729:4 - Probation › Chapter 4729:4-1 - Probation Committee › Section 4729:4-1-04 - Monitoring contracts

Current through all regulations passed and filed through July 1, 2024
(A) Within one week of completing treatment,
			 in the absence of extenuating circumstances, the licensee or registrant shall
			 enter into a monitoring contract with an approved monitoring program regardless
			 of whether the licensee or registrant is under a period of suspension or
			 probation.
(B) The monitoring
			 program contract shall include all of the following requirements, unless otherwise approved by the board or its probation
			 committee:
(1) Group therapy, support
			 groups, or, when appropriate, individual counseling, or a combination
			 thereof.
(2) Periodic, random,
			 unannounced blood and/or urine screens at a frequency of at least monthly and
			 sixteen times per year for the length of the contract, unless otherwise
			 approved by the board or the board's probation committee and to provide
			 additional random, observed urine and/or blood samples as may be requested by
			 the intervenor or designated person.
(a) The
			 urine sample must be given within twelve hours of notification.
(b) The dilution standard will be creatinine
			 clearance and/or specific gravity.
(c) Results of all drug screens must be
			 negative and the refusal of a drug screen or a diluted drug screen is
			 equivalent to a positive result. Any positive results, including those which
			 may have resulted from ingestion of food but excluding false positives which
			 resulted from medication legitimately prescribed, indicates a violation of the
			 contract and shall be reported to the board or the board's probation
			 committee.
(d) In the event of a
			 negative diluted screen, a hair sample test must be completed at the cost of
			 the probationer in a time frame consistent with the drug laboratory's
			 recommended policy, but in any event no later than twelve days after the
			 negative diluted screen.
(3) Mandatory participation in alcoholics
			 anonymous, narcotics anonymous, or a similar twelve-step program, or its
			 equivalent, as set forth in rule
			 4729:4-1-01 of the
			 Administrative Code.
(a) To obtain the
			 signatures of either the secretary or chairperson of the meeting for attendance
			 verification or, in the absence of both, a meeting representative.
(b) To be responsible for keeping a personal
			 record of names and phone numbers of the persons signing attendance
			 verification at meetings.
(c) To
			 record meeting attendance dates in a chronological order and collect the
			 attendance verification signatures at the meeting.
(d) To attend another meeting that same week
			 in order to meet the quota of meetings for the week if attendance verification
			 is not obtained.
(e) To obtain a
			 sponsor and home group in a twelve-step program, or its equivalent, as set
			 forth in rule
			 4729:4-1-01 of the
			 Administrative Code that is not a representative of the monitoring program by a
			 date specified by the approved monitor.
(4) Abstinence from use of alcohol and from
			 use of drugs, except those prescribed, administered or personally furnished by
			 a licensed prescriber who has knowledge of the patient's history and of the
			 disease of addiction, or those administered by another person so authorized by
			 law during a medical emergency.
(a) To notify
			 the intervenor or designated person in advance and provide documentation of the
			 need for any medication (to include a copy of the prescription or note from the
			 prescriber) within forty eight hours of receipt of treatment, if any mood
			 altering and/or potentially addictive medications are required or recommended
			 by the prescriber.
(b) To renew
			 verification with the intervenor or designated person every ninety days if the
			 need for medication is ongoing.
(c)
			 To update medication list with the intervenor or designated person any time a
			 new prescription or over-the-counter medication is added.
(d) To abstain from dispensing own
			 prescriptions.
(e) To avoid
			 exposure to anything that may cause drug screen tests to be positive, including
			 "hemp oil," "hemp products," "coca tea," and
			 poppy seeds.
(f) To abstain from
			 using ethyl alcohol in any form including, but not limited to, the following:
(i) Alcohol free wine or beer;
(ii) Over-the-counter drugs containing
			 alcohol, cough syrups or their similar drugs or supplements;
(iii) Mouthwash or other hygiene products
			 containing ethanol, including sanitizing hand or body gels;
(iv) Foods or beverages containing alcohol;
			 and
(v) Any other form of ethyl
			 alcohol.
(5)
			 Acknowledgment of the relinquishment of the right to self-medicate other than
			 use of single entity over-the-counter non-steroidal anti-inflammatories or
			 acetaminophen.
(6) Regular contact
			 with a licensed chemical dependency counselor, or with a physician qualified by
			 training or experience, or both, to treat chemically dependent persons, who
			 assumes responsibility for monitoring defined aspects of aftercare contract
			 compliance, and who agrees to:
(a) Report any
			 noncompliance to the approved monitoring program; and
(b) Report any relapse to the approved
			 monitoring program and the board.
(7) A length of contract specified with a
			 minimum of at least five years and at least fifty-two weekly aftercare
			 sessions, with missed sessions to be made up.
(8) Professional therapy, where indicated, to
			 resolve family and work-related issues.
(9) Treatment of any ongoing medical problems
			 to be managed by a licensed prescriber. Treatment of any conditions requiring
			 the use of a mind-altering, mood-changing substance shall require consultation
			 with a physician qualified by training or experience, or both, to provide
			 medical care to chemically dependent persons.
(a) Agreement to identify a single primary
			 care physician and utilize that physician (or physician to whom referred)
			 exclusively for all medical care for the duration of the contract.
(b) Agreement for identified physician to
			 share with approved monitor information on any drugs prescribed or, if
			 over-the-counter drugs, approved, and the information pertinent to recovery
			 and/or compliance with the contract.
(c) Intervenor or designated person approved
			 surgery packet prior to any non-emergency medical procedures.
(10) Referral to other forms of
			 extended care, when indicated.
(11)
			 Any required supervision or restrictions of practice during
			 aftercare.
(12) Personal contact
			 with the assigned intervenor once a week, leaving a message shall not meet the
			 personal contact requirement.
(13)
			 An agreement to attend the pharmacist peer assistance group meetings each month
			 for the duration of the contract, unless otherwise excused by the designated
			 person or the designated person's designee.
(14)
									A restriction on
			 the hours able to be worked in a facility licensed by the board to no more than
			 forty hours in one week and/or no more than eighty hours in a two-week
			 timeframe.