Ohio Administrative Code|Rule 4723-6-02 | Eligibility requirements for participation in the alternative program for chemical dependency.

                                                
[Comment: Information regarding the availability
		and effective date of the materials incorporated by reference in this rule can
		be found in paragraph (G) of rule 4723-1-03 of the Administrative Code.]
(A) An individual may participate in the
		  program if the board supervising member for disciplinary matters determines
		  that all of the following conditions are met:
(1) The individual holds
			 a current, valid license to practice nursing as either a registered nurse or a
			 licensed practical nurse in Ohio, or a current, valid certificate or intern
			 certificate to practice as a dialysis technician or community health worker in
			 Ohio;
(2) The individual
			 requests and the board provides the individual an "Alternative Program for
			 Substance Use Disorder Admission Application," that includes an
			 "Initial Voluntary Temporary License/Certificate Surrender" form.
			 Within ten business days of the date the application was mailed by the board to
			 the individual, the board must receive the individual's completed
			 "Initial Voluntary Temporary License/Certificate Surrender"
			 form;
(3) The individual
			 submits a completed "Alternative Program for Substance Use Disorder
			 Admission Application" to the board within sixty days of the date the
			 application was mailed by the board to the individual. The completed
			 application shall be accompanied by all of the following:
(a) A substance use disorder assessment that:
(i) Includes a
				  bio-psycho-social evaluation performed by a licensed healthcare provider with
				  demonstrated expertise in the treatment of substance use disorders;
				  and
(ii) Documents a
				  diagnosis of substance use disorder and sets forth an organized plan for
				  treatment.
(b) Signed waivers giving the program consent to receive and
				release information necessary for purposes of determining program eligibility.
				This includes, but is not limited to, information to and from employers,
				probation officers, law enforcement agencies, peer assistance programs, and any
				treatment providers or health care practitioners. No person with knowledge of
				any information disclosed by the program pursuant to this paragraph shall
				divulge the information to any other person. The information contained in the
				completed application shall indicate to the board supervising member for
				disciplinary matters all of the following:
(i) The individual may be
				  effectively treated for the substance use disorder;
(ii) The individual may
				  be effectively monitored for compliance with program requirements;
				  and
(iii) The individual is
				  not subject to the prohibitions in paragraph (B) of this rule.
(B) An individual may not participate in
		  the program if the board receives information indicating that the
		  individual's compliance with the program may not be effectively monitored
		  while participating in the program. This information includes, but is not
		  limited to, the following:
(1) The individual is
			 currently using or being prescribed a drug of abuse, as defined in paragraph
			 (D) of rule 4723-6-01 of the Administrative Code, except if the drug is
			 prescribed in the course of medication-assisted treatment in accordance state
			 law;
(2) The individual has a
			 medical and/or psychiatric condition, diagnosis, or disorder, other than a
			 substance use disorder, in which the manifest symptoms are not adequately
			 controlled;
(3) The individual has
			 attempted or completed two or more substance use disorder treatment programs as
			 of the date of the application, not including the individual's current
			 substance use disorder treatment plan and related treatment currently submitted
			 for purposes of program eligibility;
(4) The individual has
			 substituted or tampered with a substance or drug of abuse;
(5) The board has taken
			 action against the individual's license to practice nursing as either a
			 registered nurse or a licensed practical nurse or certificate or intern
			 certificate to practice as a dialysis technician or community health
			 worker;
(6) A board regulating
			 nurses, dialysis technicians or community health workers in another
			 jurisdiction has taken action against the individual's license to practice
			 nursing as either a registered nurse or a licensed practical nurse in that
			 jurisdiction or certificate or intern certificate to practice as a dialysis
			 technician or community health worker in that jurisdiction;
(7) The individual has
			 completed the program or a similar program in another
			 jurisdiction;
(8) The individual has
			 been terminated from the program or from a similar program in another
			 jurisdiction;
(9) The individual was
			 admitted to, but did not complete or is no longer in good standing, a similar
			 program in another jurisdiction;
(10) The individual has
			 been convicted of, pled guilty to (other than a plea resulting in a finding of
			 eligibility for intervention in lieu of conviction), had a judicial finding of
			 eligibility for diversion for, or had a judicial finding of guilt resulting
			 from a plea of no contest to any felony or an act in another jurisdiction that
			 would constitute a felony in Ohio;
(11) The board determines
			 that the public may not be adequately protected from unsafe practice if the
			 individual enters the program; or
(12) The individual has
			 failed or refused to cooperate with a board investigation.