Ohio Administrative Code › Title 4729:4 - Probation › Chapter 4729:4-1 - Probation Committee › Section 4729:4-1-05 - Individual licensee or registrant probation

Current through all regulations passed and filed through July 1, 2024
(A) Probation will be reviewed by members of
			 the board's probation committee and board staff. When a licensee or registrant
			 is placed on probation, the board shall require, at a minimum, the following
			 probationary and limiting terms, unless otherwise
			 determined by the board or its probation committee:
(1) Compliance with all federal, state, and
			 local laws, and all rules governing practice in Ohio.
(2)
									Compliance with
			 the employment requirements in rule
			 4729:5-3-10
			 of the Administrative Code.
(3) Submission of
			 quarterly declarations on a form approved by the board or the board's probation
			 committee stating, under penalty of perjury, whether there has been compliance
			 with all conditions of probation and, if applicable, treatment.
(4)
			 Periodic appearances before the board or its representatives as
			 requested.
(5) A minimum five-year contract with an approved
			 monitoring provider.
(6) Compliance with all terms of the approved
			 monitoring contract, which shall include all terms set forth in rule
			 4729:4-1-04
			 of the Administrative Code.
(7)
									 Prior approval of the board or the board's probation
			 committee of departures or absences in excess of ten days from the state or for
			 any intended travel out of the country. Periods of departure or absence shall
			 not change the probationary term, unless otherwise determined by motion of the
			 board or the board's probation committee. For absences of three months or
			 longer, the board or its probation committee may toll the length of probation,
			 other than in instances where the board or its probation committee can be
			 assured that probationary monitoring is otherwise being performed.
(8) Inability to
			 engage in a consult agreement.
(9)
			 As designated in the board's order, submission of observed urine, blood, or
			 hair samples upon request of the approved monitoring program or board, and
			 without prior notice, at the cost of the licensee or registrant.
(10)
			 Compliance with any employer provided drug or alcohol screens.
(11)
			 When deemed appropriate by the board or the board's probation committee,
			 undertaking psychiatric evaluation, and, where appropriate, continuing
			 treatment acceptable to the board, with evidence of compliance to be provided
			 in each quarterly report.
(12) Copies of the
			 board order or settlement agreement to be provided by the individual to all of
			 the following during the effective period of the board order or settlement
			 agreement:
(a) All employers or prospective
			 employers;
(b)
										All persons and entities that provide the individual
			 chemical dependency treatment or monitoring; and
(c)
			 By certified mail, the proper licensing authority of any state or jurisdiction
			 in which the individual holds or applies for any professional license, excluding the state of Ohio board of
			 pharmacy.
(13) Continuing
			 compliance with the terms of the monitoring contract entered into with the
			 treatment provider and approved monitoring provider, provided, that where terms
			 of the monitoring contract conflict with the terms of the settlement agreement
			 or board order, the terms of the settlement agreement or board order shall
			 control.
(14) Continuing authorization, through appropriate
			 written consent forms, for disclosure by the treatment provider and/or approved
			 monitor to the board, to treating and monitoring physicians, and to others
			 involved in the monitoring process, of information necessary for those
			 individuals to fulfill their respective duties and obligations.
(15)
			 Minimum probationary term of at least five years.
(16) No requests by
			 the probationer for modifications to probationary terms for at least three
			 years, however, limited, isolated deviations from the probationary terms may be
			 granted with the approval by the board or its probation committee in
			 exceptional circumstances.
(17) Self-reporting
			 of any violation of one or more terms of probation.
(18)
									A determination
			 of not in good standing and an inability to serve as a preceptor, responsible
			 person, or designated representative.
(19)
									Maintain a
			 current address with the board.