Ohio Administrative Code › Title 4731 - State Medical Board › Chapter 4731-16 - Impaired Practitioners › Section 4731-16-06 - Consent agreements and orders for reinstatement of impaired applicants and practitioners

Current through all regulations passed and filed through July 1, 2024
(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.