Section 4741-1-25 - Impairment and safe haven program(A) The board may establish a confidential, non-disciplinary program for the evaluation and treatment of eligible persons who need assistance with a potential or existing impairment due to a mental health and/or substance use disorder. This program shall be known as the board's safe haven program.(B) The board may refer any veterinarian or registered veterinary technician to the Ohio professionals health program or a comparable organization approved by the board, for support and assistance with coordination of the treatment of that veterinarian or registered veterinary technician. The board approved organization shall serve as the monitoring organization of the safe haven program and shall determine the eligibility for participation in the safe haven program and provide associated services to eligible persons.(C) Eligible persons shall include individuals licensed as a veterinarian or registered as a veterinary technician as well as applicants who have applied for a license or registration from the board.(D) Services provided by the monitoring organization include but are not limited to the following:(1) Screening and/or evaluation for potential or existing impairment due to a mental health and/or substance use disorder.(2) Referral to treatment providers approved by the monitoring organization for the purpose of evaluating and/or treating potential or existing impairment due to a mental health and/or substance use disorder, including inpatient or outpatient treatment.(3) Establishment of individualized monitoring criteria or a duration determined by the monitoring organization to ensure the continuing care and recovery from a potential or existing impairment due to a mental health and/or substance use disorder.(E) The monitoring organization that works with the board to conduct the safe haven program may receive referrals from any of the following: (1) Applicants, licensed veterinarians, and registered veterinary technicians.(4) Professional societies and associations.(5) Health care personnel and treatment providers.(6) Other entities and organizations.(F) To participate in the safe haven program, an eligible person must enter into an agreement with the monitoring organization to seek assistance for a potential or existing impairment due to a mental health and/or substance use disorder. The agreement may specify but is not limited to the following: (1) Treatment and therapy plan.(2) Support group participation.(4) Duration of monitoring. Relapses, which may be reported to the board, and other failures to comply with the terms of the agreement may result in a longer period of monitoring. As appropriate, an addendum to the agreement may be initiated by the monitoring organization.(5) Approved work activities, including but not limited to abstaining from work while receiving evaluation and/or treatment as well as ongoing monitoring of compliance with any restrictions or limitations specified by the monitoring organization or the board.(6) Random toxicology testing.(7) Releases for seeking information or records related to the person's impairment, including but not limited to family, peers, health care personnel, employers, and treatment providers.(8) Grounds for dismissal from participation in the safe haven program for failure to comply with program requirements.(9) Any required fees associated with participation in the safe haven program, including but not limited to fees for toxicology testing.(G) The board shall not institute disciplinary action based on a safe haven program participant so long as the participant enters into an agreement with the monitoring organization and complies with the same. The presence of potential or existing impairment due to a mental health and/or substance use disorder shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of this chapter.(H) The monitoring organization shall report to the board for further investigation and/or action any participant who is unwilling or unable to complete or comply with any part of the safe haven program, including evaluation, treatment, or monitoring.(I) All information received and maintained by the monitoring organization shall be held in confidence subject to section 4741.31 of the Revised Code and in accordance with federal law. However, any veterinarian or registered veterinary technician who enters into treatment by an approved treatment provider shall be deemed to have waived any confidentiality requirements that would otherwise prevent the treatment provider from making reports required under that section.Replaces: 4741-1-25
Ohio Admin. Code 4741-1-25
Effective: 7/1/2023
Five Year Review (FYR) Dates: 05/01/2028
Promulgated Under: 119.03
Statutory Authority: 4741.03, 4741.221, 4741.31
Rule Amplifies: 4741.221, 4741.22, 4741.31
Prior Effective Dates: 05/23/1996, 06/21/2002