To amend section 5119.11 and to enact section 4731.056 of the Revised Code to prohibit a physician from prescribing or personally furnishing certain drugs to treat opioid dependence or addiction unless the patient is receiving appropriate behavioral counseling or treatment.

Section 1.  That section 5119.11 be amended and section 4731.056 of the Revised Code be enacted to read as follows:

Sec. 4731.056.  (A) As used in this section "physician" means an individual authorized under this chapter to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery.

(B) No physician for the purpose of treating a patient's dependence on or addiction to opioids shall prescribe or personally furnish a drug containing buprenorphine, methadone, or naltrexone unless all of the following occur:

(1) The patient provides evidence that demonstrates active participation in appropriate behavioral counseling or treatment.

(2) The evidence of participation is documented in the patient's medical record.

(3) The physician is certified by the medical director of the department of mental health and addiction services as qualified by training and experience to prescribe or personally furnish drugs containing buprenorphine, methadone, or naltrexone in conjunction with behavioral counseling or treatment.

(C) The director of mental health and addiction services shall establish a program for certification of physicians under section 5119.11 of the Revised Code as qualified by training and experience to prescribe or personally furnish drugs containing buprenorphine, methadone, or naltrexone in conjunction with behavioral counseling or treatment.

Sec. 5119.11.  (A) The director of mental health and addiction services shall appoint a medical director who is eligible or certified by the American board of psychiatry and neurology or the American osteopathic board of neurology and psychiatry, and has at least five years of clinical and two years of administrative experience. The medical director shall also have certification or substantial training and experience in the field of addiction medicine or addiction psychiatry. The medical director shall be responsible for decisions relating to medical diagnosis, treatment, prevention, rehabilitation, quality assurance, and the clinical aspects of mental health and addiction services involving all of the following:

(1) Licensure of hospitals, residential facilities, and outpatient facilities;

(2) Research;

(3) Community addiction and mental health services plans;

(4) Certification and delivery of mental health and addiction services, including certification of physicians under section 4731.056 of the Revised Code.

(B) The medical director shall also exercise clinical supervision of the chief clinical officers of hospitals and institutions under the jurisdiction of the department and shall review and approve decisions relating to the employment of the chief clinical officers. The medical director or the medical director's designee shall advise the director on matters relating to licensure, research, and the certification and delivery of mental health and addiction services and community plans. The medical director shall participate in the development of guidelines for community addiction and mental health services plans. The director of mental health and addiction services may establish other duties of the medical director.

Section 2. That existing section 5119.11 of the Revised Code is hereby repealed.