Ohio § 4723.35

§ 4723.35.

(A) As used in this section and section 4723.351 of the Revised Code : (1) “ Applicant ” means an individual who has applied for a license or certificate to practice issued

under this chapter.  “ Applicant ” may include an individual who has been granted authority by the board of nursing

to practice as one type of practitioner, but has applied for authority to practice

as another type of practitioner. (2) “ Impaired ” or “ impairment ” means either or both of the following: (a) Impairment of the ability to practice as described in division (B)(10) of section 4723.28 of the Revised Code ; (b) Impairment of the ability to practice as described in division (B)(11) of section 4723.28 of the Revised Code . (3) “ Practitioner ” means an individual authorized under this chapter to practice as a registered nurse,

including as an advanced practice registered nurse, licensed practical nurse, dialysis

technician, community health worker, or medication aide. (B) The board of nursing shall establish the safe haven program to monitor applicants

and practitioners who are or may be impaired, but against whom the board has abstained

from taking disciplinary action.  The program is to be conducted by the monitoring organization under contract with

the board as described in section 4723.351 of the Revised Code . (C)(1) On the establishment of the program, the board may transfer to the monitoring organization,

in whole or in part, either or both of the following responsibilities: (a) The monitoring and oversight of licensees as part of the substance use disorder program

as that program existed on or before the effective date of this section; (b) The monitoring and oversight of licensees under terms specified in a board adjudication

order or consent agreement. (2) If the board transfers the responsibilities described in division (C)(1) of this

section, both of the following apply: (a) The monitoring organization shall provide to the board quarterly reports regarding

the compliance of transferred licensees. (b) The monitoring organization shall immediately report to the board any licensee who

is not in compliance with the terms and conditions of monitoring. (D) The board shall refer to the monitoring organization any applicant or practitioner

whose health and effectiveness show signs of impairment or potential impairment, but

only if the applicant or practitioner meets the eligibility conditions of division

(G) of this section. (E) Determinations regarding an applicant's or practitioner's eligibility for admission

to, continued participation in, and successful completion of the safe haven program

shall be made by the monitoring organization in accordance with rules adopted under section 4723.351 of the Revised Code . (F) The board shall abstain from taking disciplinary action under section 4723.28 , 4723.652 , or 4723.86 of the Revised Code against an individual whose health and effectiveness show signs of impairment or

potential impairment, but who is not currently under the terms of a consent agreement

with the board for impairment or an order issued by the board for impairment if the

individual is participating in the safe haven program. An applicant's or practitioner's impairment neither excuses an applicant or practitioner

who has committed other violations of this chapter nor precludes the board from investigating

or taking disciplinary action against an applicant or practitioner for other violations

of this chapter. (G) An applicant or practitioner is eligible to participate in the safe haven program

if both of the following conditions are met: (1) The applicant or practitioner needs assistance with impairment or potential impairment. (2) The applicant or practitioner has an unencumbered license and is not currently under

the terms of a consent agreement with the board for impairment or an order issued

by the board for impairment.