Ohio Administrative Code|Rule 4731-28-02 | Eligibility for confidential monitoring program.

                                                
There is hereby created a confidential monitoring
		program applicable to all individuals licensed under Chapter 4730., 4731.,
		4759., 4760., 4761., 4762., 4774., or 4778. of the Revised Code who are
		determined to be eligible for the program pursuant to this rule. For purposes
		of the confidential monitoring program, the term "confidentiality
		statute" refers to division (F) of section 4730.26 of the Revised Code,
		division (F)(5) of section 4731.22 of the Revised Code, division (B)(5) of
		section 4759.05 of the Revised Code, division (E) of section 4760.14 of the
		Revised Code, division (E) of section 4761.03 of the Revised Code, division (E)
		of section 4762.14 of the Revised Code, division (E) of section 4774.14 of the
		Revised Code, or division (E) of section 4778.18 of the Revised Code, as
		applicable to the individual. 
(A) Under the board's investigative
		  duties pursuant to section 4730.26, 4731.22, 4759.05, 4760.14, 4761.03,
		  4762.14, 4774. 14, or 4778.18 of the Revised Code, as applicable to the
		  individual, and subject to the applicable confidentiality statute, the
		  secretary and supervising member of the board may determine that an individual
		  who is the subject of an investigation by the board concerning a mental or
		  physical illness, other than a substance use disorder or chemical
		  abuse/dependency, is appropriate for ongoing investigative observation and
		  monitoring rather than formal disciplinary action. Upon such determination, the
		  board may conduct such observation and monitoring through the individual's
		  participation in a confidential monitoring program overseen by the secretary
		  and supervising member of the board under the board's investigative duties
		  and subject to the applicable confidentiality statute.
(B) In making their determination of an
		  individual's eligibility for participation in the confidential monitoring
		  program, the secretary and supervising member of the board shall use the
		  following criteria:
(1) The board may conduct
			 any investigation necessary to evaluate the totality of circumstances,
			 including requiring the individual to submit to a physical or mental
			 examination under the applicable chapter of the Revised Code;
(2) The individual must
			 provide continuing authorization, through appropriate written consent forms,
			 for the disclosure and release of information between the board, the
			 individual, and any other persons or entities involved in the evaluation,
			 treatment, or monitoring of the individual that is necessary for them to
			 fulfill their respective duties and obligations. This includes, but is not
			 limited to, the exchange of information to and from employers, probation
			 officers, law enforcement agencies, peer assistance programs, health care
			 practitioners, mental health counsellors, social workers, or any other
			 individuals or entities the board determines may have relevant
			 information.
(3) If the individual has
			 not yet undertaken appropriate treatment, monitoring, or supervision related to
			 the mental or physical condition, the information received must demonstrate
			 that the individual is willing to commence such appropriate treatment,
			 monitoring, or supervision;
(4) If the individual has
			 commenced treatment for the mental or physical illness, the information
			 received must demonstrate that the individual has been significantly compliant
			 with the treatment plan established, including taking all medications as
			 prescribed;
(5) If the individual was
			 previously a participant in the monitoring program, the individual must have
			 demonstrated full compliance with all program requirements. Any individual who
			 was previously disqualified from participation in the monitoring program shall
			 be ineligible for future participation in the program;
(6) If the individual was
			 previously the subject of formal public disciplinary action by this board, such
			 action must have been based solely on a violation of division (B)(4) of section
			 4730.25 of the Revised Code, division (B)(19) of section 4731.22 of the Revised
			 Code, division (A)(14) of section 4759.07 of the Revised Code, division (B)(5)
			 of section 4760.13 of the Revised Code, division (A)(14) of section 4761.09 of
			 the Revised Code, division (B)(5) of section 4762.13 of the Revised Code,
			 division (B)(5) of section 4774.13 of the Revised Code, or division (B)(5) of
			 section 4778.14 of the Revised Code, as applicable to the individual, for which
			 the individual subsequently was released from probation without restriction.
			 Any individual who has been issued a notice of opportunity for hearing that
			 remains pending for final adjudication by the board is not eligible for
			 participation in the monitoring program regardless of the basis of the
			 violation alleged in the notice;
(7) If the individual was
			 previously the subject of confidential monitoring, public monitoring,
			 non-disciplinary monitoring, or formal disciplinary action by or in association
			 with an agency responsible for authorizing, certifying, or regulating the
			 individual to practice a health care occupation in this state or any other
			 jurisdiction, such action must have been based solely on the individuals
			 mental or physical illness;
(8) No information
			 available to the board about the individual, either concerning past or current
			 allegations or conduct, implicates a possible sexual boundary issue regardless
			 of whether such issue involved patients or non-patients and regardless of
			 whether such issue was caused by or related to the individual's mental or
			 physical illness;
(9) No information
			 available to the board about the individual, either concerning past or current
			 allegations or conduct, implicates an act of violence against property or
			 persons or threat of violence against property or persons, even if the board is
			 unable to conclusively confirm the credibility of such
			 allegations;
(10) No information
			 available to the board about the individual, either concerning past or current
			 allegations or conduct, and regardless of whether caused by or related to the
			 individuals mental or physical illness:
(a) Demonstrates that the individual has been convicted of
				a felony or misdemeanor, including but not limited to operating a vehicle under
				the influence or reckless operation, at any time;
(b) Indicates that the individual has felony or misdemeanor
				charges, including but not limited to operating a vehicle under the influence
				or reckless operation, currently pending; and/or
(c) Implicates a possible criminal issue, regardless of
				whether formal misdemeanor or felony charges were pursued or are anticipated in
				the future;
(11) There is no
			 information indicating that the individual is in violation of any provision of
			 the chapter of the Revised Code under which the individual was licensed other
			 than division (B)(4) of section 4730.25 of the Revised Code, division (B)(19)
			 of section 4731.22 of the Revised Code, division (A)(14) of section 4759.07 of
			 the Revised Code, division (B)(5) of section 4760.13 of the Revised Code,
			 division (A)(14) of section 4761.09 of the Revised Code, division (B)(5) of
			 section 4762.13 of the Revised Code, division (B)(5) of section 4774.13 of the
			 Revised Code, or division (B)(5) of section 4778.14 of the Revised Code, as
			 applicable to the individual; and
(12) There is no
			 information indicating that allowing the individual to participate in
			 confidential monitoring will create a significant risk of potential harm to
			 patients.