Ohio § 4715.301

§ 4715.301.

The state dental board shall adopt rules in accordance with Chapter 119. of the Revised

Code establishing standards for approving and designating physicians and facilities

as treatment providers for dentists or dental hygienists with substance abuse problems

and shall approve and designate treatment providers in accordance with the rules.  The rules shall include standards for both inpatient and outpatient treatment.  The rules shall provide that to be approved, a treatment provider must be capable

of making an initial examination to determine the type of treatment required for a

dentist or dental hygienist with substance abuse problems.  Subject to the rules, the board shall review and approve treatment providers on

a regular basis and may, at its discretion, withdraw or deny approval. An approved treatment provider shall: (A) Report to the board the name of any dentist or dental hygienist suffering or showing

evidence of suffering inability to practice under accepted standards as described

in division (A)(10) of section 4715.30 of the Revised Code who fails to comply within one week with a referral for examination; (B) Report to the board the name of any impaired dentist or dental hygienist who fails

to enter treatment within forty-eight hours following the provider's determination

that treatment is needed; (C) Require every dentist or dental hygienist who enters treatment to agree to a treatment

contract establishing the terms of treatment and aftercare, including any required

supervision or restrictions of practice during treatment or aftercare; (D) Require a dentist or dental hygienist to suspend practice on entering any required

inpatient treatment; (E) Report to the board any failure by an impaired dentist or dental hygienist to comply

with the terms of the treatment contract during inpatient or outpatient treatment

or aftercare; (F) Report to the board the resumption of practice of any impaired dentist or dental

hygienist before the treatment provider has made a clear determination that the individual

is capable of practicing according to accepted standards of the profession; (G) Require a dentist or dental hygienist who resumes practice after completion of treatment

to comply with an aftercare contract that meets the requirements of rules adopted

by the board for approval of treatment providers; (H) Report to the board any dentist or dental hygienist who suffers a relapse at any

time during or following aftercare. Any dentist or dental hygienist 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 this section. In the absence of fraud or bad faith, no professional association of dentists or dental

hygienists licensed under this chapter that sponsors a committee or program to provide

peer assistance to dentists or dental hygienists with substance abuse problems, no

representative or agent of such a committee or program, and no member of the state

dental board shall be liable to any person for damages in a civil action by reason

of actions taken to refer a dentist or dental hygienist to a treatment provider designated

by the board or actions or omissions of the provider in treating a dentist or dental

hygienist. In the absence of fraud or bad faith, no person who reports to the board a dentist

or dental hygienist with a suspected substance abuse problem shall be liable to any

person for damages in a civil action as a result of making the report.