Tag: drug and alcohol treatment center

State Medical Board of Ohio

Ohio Medical Board has adopted New Rules Related to Office Based Opioid Treatment

The State Medical Board of Ohio has adopted new rules related to Office Based Opioid Treatment (“OBOT”).  The new news take effect January 31, 2015.  The new rules require specific protocols, pretreatment examinations, and ongoing physician face-to-face examinations, testing and individualized treatment plans.  A copy of the new rules can be found at: http://med.ohio.gov/pdf/rules/NewRules/4731-11-12-eff-1-31-15.pdf.

The new rules include but are not limited to:

  1. Prior to providing OBOT, the physician must conduct an assessment of the patient that meets the requirements of the rule.
  2. The physician must practice in accordance with one of the protocols listed in the rule, and the diagnosis of an opioid disorder must be made utilizing the criteria in the DSM, 4th or 5th edition.
  3. The physician must develop an individualized treatment plan for the patient, require the patient to actively participate in appropriate behavioral counseling or treatment for addiction, and provide ongoing toxicological testing.
  4. The physician’s prescribing of the medication must comply with requirements that include, but are not limited to, prescribing only drugs specifically approved by the FDA for use in maintenance and detoxification treatment, prescribing no more than 16 milligrams of medication daily for a patient unless specified requirements are met, and accessing OARRS for each patient no less frequently than every 90 days.
  5. The physician must complete Category I CME related to substance abuse and addiction every two years, which will be accepted as part of the CME requirement for license renewal.

The above summary highlights certain requirements of the new rules and is not a substitute for the new rules.  The new rules can be found at: http://med.ohio.gov/pdf/rules/NewRules/4731-11-12-eff-1-31-15.pdf.

As always, if you have any questions regarding this post or the State Medical Board of Ohio in general, please contact one of the attorneys at Collis, Smiles and Collis at 614-486-3909 or email Todd@collislaw.com.

State Medical Board of Ohio

Social media can be a dangerous pastime for medical professionals

You have probably seen the “news” reports in the past two days of a naked Prince Harry having a good time in Las Vegas. These clandestine photos were obviously taken when Prince Harry believed that  he was in a private setting. However, they were secretly released to the press and quickly went viral to the great embarrassment of the Royal Family.

You may wonder what this has to do with physicians and the medical profession? We are now in a world where virtually everyone is carrying a camera/video camera on their phones with the ability to take and upload photos and videos to the internet and to the world in moments.  Behaviour that professionals may have engaged in that they thought was private may now be published to the world.

I have not seen a case yet where the Ohio Medical Board uses video footage of a physician “acting badly” as evidence of impairment or inability to practice medicine, however, in my opinion it is just a matter of time. Physicians need to be aware that the Medical Board can take an action against a physician for their conduct, even if it is not related to the practice of medicine. You do not need to be “falling down drunk” at work to be disciplined by the Medical Board. A photo or video of you clearly impaired at a bar taken at 2am when you are scheduled for surgery at 7am could serve as the basis for discipline.

Social media can also be evidence of a boundary violation with a patient. Do you “friend” patients on Facebook? Do you have photos of yourself and a patient taken in social settings? These could all constitute boundary violations with patients.

Social media can be a wonderful tool to reconnect with old friends and to share photos with family members and friends. But, it can also lead to trouble for professionals if not used wisely. As physicians, your conduct needs to be professional 24/7.

As always, if you have any questions about this post or about the State Medical Board in general, please feel to contact me at 614-486-3909 or email me at beth@collislaw.com.

Uncategorized

Ohio Medical Board’s One Bite Rule

Physicians who believe they need to seek medical treatment for drug or alcohol abuse are often concerned about the ramifications they may suffer by the State Medical Board of Ohio if it is determined that they do need treatment. They commonly want to know, “will the treatment be confidential?” or “will the treatment facility or their colleagues and employer who may know of their impairment be required to report them to the Medical Board?”

Physicians who believe they may need treatment should seek an assessment immediately. Your health is the most important consideration.   However, in seeking an assessment for suspected chemical dependency or substance abuse, it is important to submit to an evaluation at one of the State Medical Board of Ohio approved facilities. A list of the facilities approved by the Medical Board can be found at: http://www.med.ohio.gov/pdf/treatment_compliance/TREATMNT.pdf

It is imperative that you seek an evaluation and follow the treatment recommendation of the Medical Board approved treatment facility. Seeking an assessment or treatment at a non-Medical Board approved facility will NOT be accepted by the Medical Board and you will be required to repeat the treatment.  However, if you voluntarily seek treatment and follow the recommendations of an approved treatment facility, you may be able to avail yourself to the Medical Board’s ONE BITE policy.

What is One-Bite?   The One Bite rule allows impaired licensees who seek and complete treatment and aftercare at a Medical Board approved treatment provider to remain in the private sector for monitoring, as long as their acts did not result in a criminal conviction or put patients or others at risk of harm:

Within One Bite:

  • Alcohol only
  • Illegal drug use
  • Taking drugs from sources that did not involve patients
  • Issuing prescriptions for one’s own use in one’s own name

Outside of One Bite:

  • Criminal conviction related to use or abuse of a controlled substance at or near the time the Board is determining if they meet the requirements for One Bite
  • Treatment in lieu
  • Relapse
  • Failure to complete appropriate treatment and aftercare with a Board approved provider
  • Criminal acts that involve the use of another’s name or involve patient’s name
  • Compromised patient care
  • Out of state action

If the Board becomes involved by investigator contact with the licensee or the Board orders the licensee for an assessment the individual no longer qualifies for One Bite.  One Bite is basically ONE chance to voluntarily seek treatment for substance abuse without having to submit to monitoring by the Medical Board.

Are hospitals and colleagues required to report the suspected impaired physician to the Medical Board? Under Ohio R.C. 4731.224 (http://codes.ohio.gov/orc/4731.224) and O.A.C. 4731-15-01 (http://codes.ohio.gov/oac/4731-15-01) licensees and health care facilities are relieved of the obligation to report the impaired physician to the Medical Board IF the individual has sought treatment at a Medical Board approved facility.

As always, if you have further questions, feel free contact me at beth@collislaw.com or at 614-486-3909.