Impaired Practitioners, Treatment Of

“The State Medical Board of Ohio…may limit, revoke or suspend a certificate [or license as the result of any impairment of the health care practitioner’s ability]…to practice according to acceptable and prevailing standards of care… [Impairment is defined as: the]…habitual or excessive use or abuse of drugs, alcohol or other substances that impair the ability to practice…[or] mental or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor or perceptive skills.” ORC § 4731.22 (B)(19), (26)

Every health care practitioner granted a certificate or license by the State Medical Board “…accepts the privilege of practicing in Ohio subject to supervision by the Board. By filing a registration or application for licensure or by holding a license or certificate…an individual shall by deemed to have given his or her consent to submit to a mental or physical examination when ordered to do so by the Board…and to have waived all objections to the admissibility of testimony or examination reports that constitute privileged communications.” ORC § 4731.22 (B)(26)

SUBSTANCE ABUSE TREATMENT UNDER STATE MEDICAL BOARD SUPERVISION

If the State Medical Board has reason to believe that any health care practitioner licensed or certified in the state of Ohio or any applicant for a license or certification suffers such impairment, the Board may compel the individual to submit to a mental or physical examination, or both. The examination shall be at the expense of the Board. Any mental or physical examination for assessment of a potentially impaired practitioner shall be undertaken by a treatment provider or physician who is qualified to conduct such examination and chosen by the Board.

Failure of the individual to submit to a mental or physical examination ordered by the State Medical Board of Ohio constitutes an admission of the allegations against him or her unless the failure is due to circumstances beyond the individual’s control, and a default and final order may be entered without the taking of testimony or presentation of evidence. If the Board determines that the individual’s ability to practice is impaired, the Board shall suspend the license or certificate or deny the application and shall require the individual, as a condition for initial, continued, reinstated or renewed licensure to practice, to submit to treatment.

Before being eligible to apply for reinstatement of a license suspended under this division, the health care practitioner shall demonstrate to the State Medical Board of Ohio that he or she can resume practice in compliance with acceptable and prevailing standards of care under the provisions of his or her certificate. Such demonstration shall include but shall not be limited to the following:

Certification from a treatment provider that the practitioner has successfully completed any required inpatient treatment;
Evidence of continuing full compliance with an aftercare contract or consent agreement; and
Two written reports indicating that the individual’s ability to practice ahs been assessed and that he or she has been found capable of practicing according to acceptable and prevailing standards of care. The reports shall be made by individuals or providers approved by the Board for making such assessments and shall describe the basis for this determination.

The State Medical Board of Ohio may reinstate a suspended license after demonstrating the above and after the individual has entered into a written consent agreement.

When the impaired practitioner resumes practice after reinstatement of his or her license, the State Medical Board of Ohio shall require continued monitoring of the practitioner, which shall include, but not be limited to, compliance with the written consent agreement entered into before reinstatement or with conditions imposed by Board order after a hearing, and, upon termination of the consent agreement, submission to the Board for at least two years of annual written progress reports made under penalty of perjury stating whether the license holder has maintained sobriety. ORC § 4731.22 (B)(26)

PRIVATE SUBSTANCE ABUSE TREATMENT

If any person or organization of individuals (for example, a professional society or association) that is licensed by the State Medical Board of Ohio, believes that a health care provider has violated any statutory law or Board rule, then the violation must be reported to the Board. However, if the violation is related to a substance abuse problem, the person or organization that is a treatment or aftercare provider, approved by the Board, is not required to make such a report so long as the practitioner maintains treatment or aftercare for impairment. Until there is reason to believe that the practitioner has ceased participation in the treatment or aftercare program or that the practitioner has violated other provisions of the Medical Practice Act, only then must the Board be notified. ORC § 4731.224 (B)

An approved impaired practitioner treatment provider shall report to the State Medical Board of Ohio the name of any impaired or potentially impaired health care practitioner who:

Fails to comply within one week following a referral for examination;

Fails to enter treatment within forty-eight hours following the treatment provider’s determination that the practitioner needs treatment;

Does not agree to a treatment contract establishing the terms of treatment and aftercare, including any required supervision or restrictions of practice during treatment;

Does not suspend his or her practice upon entry into any required inpatient treatment;

Does not comply with the terms of the treatment contract during inpatient or outpatient treatment or aftercare;

Recommences practice before the treatment provider has made a clear determination that the practitioner is capable of practicing according to acceptable and prevailing standards of care; or

Fails to comply with an aftercare contract that meets the requirements of the rules adopted by the Board, or who suffers a relapse at any time during or following aftercare.

Any licensed health care provider who enters into treatment with an approved treatment provider shall be deemed to have waived any confidentiality requirements which would otherwise prevent the treatment program from making reports to the State Medical Board of Ohio. ORC § 4731.25

**Editor’s Note: the State Medical Board has more detailed rules regarding impaired health care practitioners. Please refer to OAC § 4731-16-01 and OAC § 1731-16-15 for answers to specific questions.

(See also: DISCIPLINARY ACTIONS BY THE STATE MEDICAL BOARD; MANDATORY REPORTING TO THE STATE MEDICAL BOARD)

Impaired Practitioners, Treatment Of