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| To amend section 5119.11 and to enact section | 1 |
| 4731.056 of the Revised Code to prohibit a | 2 |
| physician from prescribing or personally | 3 |
| furnishing certain drugs to treat opioid | 4 |
| dependence or addiction unless the patient is | 5 |
| receiving appropriate behavioral counseling or | 6 |
| treatment. | 7 |
| Section 1. That section 5119.11 be amended and section | 8 |
| 4731.056 of the Revised Code be enacted to read as follows: | 9 |
| Sec. 4731.056. (A) As used in this section "physician" means | 10 |
| an individual authorized under this chapter to practice medicine | 11 |
| and surgery, osteopathic medicine and surgery, or podiatric | 12 |
| medicine and surgery. | 13 |
| (B) No physician for the purpose of treating a patient's | 14 |
| dependence on or addiction to opioids shall prescribe or | 15 |
| personally furnish a drug containing buprenorphine, methadone, or | 16 |
| naltrexone unless all of the following occur: | 17 |
| (1) The patient provides evidence that demonstrates active | 18 |
| participation in appropriate behavioral counseling or treatment. | 19 |
| (2) The evidence of participation is documented in the | 20 |
| patient's medical record. | 21 |
| (3) The physician is certified by the medical director of the | 22 |
| department of mental health and addiction services as qualified by | 23 |
| training and experience to prescribe or personally furnish drugs | 24 |
| containing buprenorphine, methadone, or naltrexone in conjunction | 25 |
| with behavioral counseling or treatment. | 26 |
| (C) The director of mental health and addiction services | 27 |
| shall establish a program for certification of physicians under | 28 |
| section 5119.11 of the Revised Code as qualified by training and | 29 |
| experience to prescribe or personally furnish drugs containing | 30 |
| buprenorphine, methadone, or naltrexone in conjunction with | 31 |
| behavioral counseling or treatment. | 32 |
| Sec. 5119.11. (A) The director of mental health and | 33 |
| addiction services shall appoint a medical director who is | 34 |
| eligible or certified by the American board of psychiatry and | 35 |
| neurology or the American osteopathic board of neurology and | 36 |
| psychiatry, and has at least five years of clinical and two years | 37 |
| of administrative experience. The medical director shall also have | 38 |
| certification or substantial training and experience in the field | 39 |
| of addiction medicine or addiction psychiatry. The medical | 40 |
| director shall be responsible for decisions relating to medical | 41 |
| diagnosis, treatment, prevention, rehabilitation, quality | 42 |
| assurance, and the clinical aspects of mental health and addiction | 43 |
| services involving all of the following: | 44 |
| (1) Licensure of hospitals, residential facilities, and | 45 |
| outpatient facilities; | 46 |
| (2) Research; | 47 |
| (3) Community addiction and mental health services plans; | 48 |
| (4) Certification and delivery of mental health and addiction | 49 |
| services, including certification of physicians under section | 50 |
| 4731.056 of the Revised Code. | 51 |
| (B) The medical director shall also exercise clinical | 52 |
| supervision of the chief clinical officers of hospitals and | 53 |
| institutions under the jurisdiction of the department and shall | 54 |
| review and approve decisions relating to the employment of the | 55 |
| chief clinical officers. The medical director or the medical | 56 |
| director's designee shall advise the director on matters relating | 57 |
| to licensure, research, and the certification and delivery of | 58 |
| mental health and addiction services and community plans. The | 59 |
| medical director shall participate in the development of | 60 |
| guidelines for community addiction and mental health services | 61 |
| plans. The director of mental health and addiction services may | 62 |
| establish other duties of the medical director. | 63 |
| Section 2. That existing section 5119.11 of the Revised Code | 64 |
| is hereby repealed. | 65 |