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4731-16-07 Treatment provider
program obligations.
(A)
In order to hold a certificate of good standing pursuant to
this chapter of the Administrative Code, a treatment provider must:
(1)
Report to the board the name of any practitioner suffering or
showing evidence of suffering impairment as described in division (B)(5) of
section 4730.25 of the Revised Code,
division (B)(26) of section 4731.22 of the
Revised Code,
division (B)(6) of section 4760.13 of the Revised Code or division (B)(6) of
section 4762.13 of the Revised Code
who fails to comply within one week with a referral for examination;
(2)
Report to the board the name of any impaired practitioner who
fails to enter treatment within forty-eight hours following the program or
provider's determination that the practitioner needs treatment;
(3)
Require every practitioner who enters treatment to agree to a
treatment contract establishing the terms of treatment and aftercare,
including any required supervision or restrictions of practice during
treatment or aftercare;
(4)
Require a practitioner to suspend practice upon entry into any
required inpatient treatment;
(5)
Report to the board any failure by an impaired practitioner to
comply with the terms of the treatment contract during inpatient or
outpatient treatment or aftercare;
(6)
Report to the board the resumption of practice of any impaired
practitioner before the treatment provider has made a clear determination
that the practitioner is capable of practicing according to acceptable and
prevailing standards of care;
(7)
Require a practitioner who resumes practice after completion
of treatment to sign and comply with an aftercare contract that meets the
requirements of rule 4731-16-10 of the Administrative Code;
(8)
Report the identity of any practitioner practicing under the
terms of an aftercare contract to hospital administrators, medical chiefs of
staff, and chairpersons of impaired physicians committees of all health care
institutions at which the practitioner holds clinical privileges. If the
practitioner does not hold clinical privileges at any health care
institution, the treatment provider shall report the practitioner's identity
to the impaired physicians committee of the county medical society,
osteopathic academy, or podiatric medical association in every county in
which the practitioner practices. If there are no impaired physicians
committees in the county, the treatment provider shall report the
practitioner's identity to the president or other designated member of the
county medical society, osteopathic academy, or podiatric medical
association;
(9)
Report to the board the identity of any practitioner who
suffers a relapse at any time during or following aftercare. In making such
a report, the treatment provider may include a statement of its assessment
of the severity of the relapse, a current prognosis for the practitioner,
and an opinion whether board action would be beneficial or detrimental to
the practitioner's recovery. The board shall consider that statement in
deciding whether to take disciplinary action against the practitioner;
and
(10)
Fulfill all recordkeeping requirements applicable under state
and federal laws. In addition, the treatment provider shall fulfill the
recordkeeping requirements set forth in paragraphs (C) and (D) of this rule.
(B)
In furtherance of paragraphs (A)(5), (A)(6), (A)(8), and
(A)(9) of this rule, the treatment provider shall require every practitioner
who enters treatment to execute a release with respect to issuance of the
reports enumerated therein. The treatment provider shall not report to the
board regarding a practitioner who has been referred for treatment by a
party other than the board, so long as the practitioner maintains
participation in accordance with requirements of section 4731.25 of the
Revised Code.
(C)
The treatment provider shall complete and maintain records,
separate from all other records, containing the following information for
each practitioner seen for evaluation or treatment:
(1)
Date of referral and identity of referral source;
(2)
Date of admission for evaluation;
(3)
Date treatment recommendations are made;
(4)
Date referral source is notified of treatment recommendations;
(5)
Beginning and ending dates of each treatment phase (e.g. -
inpatient, intensive outpatient, extended residential treatment, and
aftercare);
(6)
Dates of all reports made under paragraph (A)(8) of this rule,
and identities of individuals to whom made;
(7)
Dates and sources of information received, if any, indicating
there are grounds to believe the practitioner has relapsed during or
following aftercare;
(8)
In the event of the practitioner's refusal to execute
appropriate releases under paragraph (B) of this rule, or in the event of
revocation of such releases, the date that the referral source is notified
that no further information can be given regarding that practitioner under
federal law;
and
(9)
In the event the treatment provider is required to report to
the board pursuant to one of the provisions of paragraph (A) of this rule,
such report shall be made by telephone to the board's executive director or
the executive director's designee as soon as practicable, and confirmed by
letter mailed within seventy-two hours after the reporting requirement
arises.
(D)
No later than two weeks following the end of each one year
period during which the treatment provider has held a certificate of good
standing under this chapter of the Administrative Code, the treatment
provider shall file with the board a report containing all of the following
information for that year:
(1)
Number of practitioners referred for evaluation; (including
self-referrals);
(2)
Number of practitioners evaluated;
(3) Number of referral sources by category (e.g., -
self-referrals, board referrals, medical society referrals, referrals by
colleagues);
(4) Number of practitioner evaluations which resulted in treatment
recommendations for chemical dependency;
(5)
Number of practitioners treated based on the treatment
providers own recommendations;
(6)
Number of practitioners treated based on transfer or referral
from other treatment providers;
(7)
Number of practitioners who entered each phase of treatment;
(8)
Number of practitioners engaged in each phase of treatment
(including those who began treatment in prior years);
(9)
Number of practitioners who successfully completed each phase
of treatment;
(10) Number of practitioners discharged from each phase of
treatment other than upon successful completion, and the rationale for each
such discharge;
(11) Number of practitioner relapses identified during aftercare
and following aftercare;
(12) Number and names of practitioners reported to the board under
this chapter of the Administrative Code;
and
(13) Number and identities of referral sources notified of the
treatment provider's inability to release information under federal law.
Effective: November 30, 2002
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