As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 606 5
1997-1998 6
REPRESENTATIVES SCHURING-BRADING-TIBERI-GARCIA-LEWIS 8
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A B I L L
To amend sections 119.12, 121.22, 503.41, 1785.01, 11
2151.421, 2317.02, 2925.01, 3701.242, 3701.243, 12
3719.121, 4713.01, 4713.12, 4713.14, 4730.12, 13
4730.25, 4730.26, 4730.27, 4730.31, 4730.32, 14
4730.34, 4731.08, 4731.13, 4731.142, 4731.15, 15
4731.151, 4731.16 to 4731.20, 4731.22, 4731.221, 16
4731.222, 4731.223, 4731.224, 4731.225, 4731.25, 17
4731.281, 4731.29, 4731.291, 4731.341, 4731.41, 18
4731.61, 4731.99, 4773.01, and 5123.61 and to 19
enact section 4731.98 of the Revised Code to make 20
revisions in the disciplinary procedures used by 21
the State Medical Board and to make other 22
changes regarding the Board's licensing and 24
enforcement duties. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 119.12, 121.22, 503.41, 1785.01, 30
2151.421, 2317.02, 2925.01, 3701.242, 3701.243, 3719.121, 31
4713.01, 4713.12, 4713.14, 4730.12, 4730.25, 4730.26, 4730.27, 32
4730.31, 4730.32, 4730.34, 4731.08, 4731.13, 4731.142, 4731.15, 34
4731.151, 4731.16, 4731.17, 4731.18, 4731.19, 4731.20, 4731.22, 35
4731.221, 4731.222, 4731.223, 4731.224, 4731.225, 4731.25, 36
4731.281, 4731.29, 4731.291, 4731.341, 4731.41, 4731.61, 4731.99, 37
4773.01, and 5123.61 be amended and section 4731.98 of the
Revised Code be enacted to read as follows: 38
Sec. 119.12. Any party adversely affected by any order of 47
an agency issued pursuant to an adjudication denying an applicant 48
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admission to an examination, or denying the issuance or renewal 49
of a license or registration of a licensee, or revoking or 50
suspending a license, or allowing the payment of a forfeiture 51
under section 4301.252 of the Revised Code, may appeal from the 52
order of the agency to the court of common pleas of the county in 53
which the place of business of the licensee is located or the 54
county in which the licensee is a resident, provided that appeals 55
from decisions of the liquor control commission may be to the 56
court of common pleas of Franklin county and appeals from 57
decisions of the state medical board, chiropractic examining 58
board, and board of nursing shall be to the court of common pleas 59
of Franklin county. If any such party is not a resident of and 60
has no place of business in this state, he THE PARTY may appeal 61
to the court of common pleas of Franklin county. 63
Any party adversely affected by any order of an agency 65
issued pursuant to any other adjudication may appeal to the court 66
of common pleas of Franklin county, except that appeals from 67
orders of the fire marshal issued under Chapter 3737. of the 68
Revised Code may be to the court of common pleas of the county in 69
which the building of the aggrieved person is located. 70
This section does not apply to appeals from the department 72
of taxation. 73
Any party desiring to appeal shall file a notice of appeal 75
with the agency setting forth the order appealed from and the 76
grounds of his THE PARTY'S appeal. A copy of such notice of 77
appeal shall also be filed by the appellant with the court. 79
Unless otherwise provided by law relating to a particular agency, 80
such notices of appeal shall be filed within fifteen days after 81
the mailing of the notice of the agency's order as provided in 82
this section. For purposes of this paragraph, an order includes a 83
determination appealed pursuant to division (C) of section 84
119.092 of the Revised Code. 85
The filing of a notice of appeal shall not automatically 87
operate as a suspension of the order of an agency. If it appears 88
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to the court that an unusual hardship to the appellant will 89
result from the execution of the agency's order pending 90
determination of the appeal, the court may grant a suspension and 91
fix its terms. If an appeal is taken from the judgment of the 92
court and the court has previously granted a suspension of the 93
agency's order as provided in this section, such suspension of 94
the agency's order shall not be vacated and shall be given full 95
force and effect until the matter is finally adjudicated. No 96
renewal of a license or permit shall be denied by reason of such 97
suspended order during the period of the appeal from the decision 98
of the court of common pleas. In the case of an appeal from the 99
state medical board or chiropractic examining board, the court 100
may grant a suspension and fix its terms if it appears to the 101
court that an unusual hardship to the appellant will result from 102
the execution of the agency's order pending determination of the 103
appeal and the health, safety, and welfare of the public will not 104
be threatened by suspension of the order. This provision shall 105
not be construed to limit the factors the court may consider in 106
determining whether to suspend an order of any other agency 107
pending determination of an appeal. 108
The final order of adjudication may apply to any renewal of 110
a license or permit which has been granted during the period of 111
the appeal. 112
Notwithstanding any other provision of this section, any 114
order issued by a court of common pleas suspending the effect of 115
an order of the liquor control commission that suspends or 116
revokes a permit issued under Chapter 4303. of the Revised Code, 117
or that allows the payment of a forfeiture under section 4301.252 118
of the Revised Code, shall terminate not more than fifteen months 119
after the date of the filing of a notice of appeal in the court 120
of common pleas, even if the matter has not been finally 121
adjudicated within that time. 122
Notwithstanding any other provision of this section, any 124
order issued by a court of common pleas suspending the effect of 125
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an order of the state medical board or chiropractic examining 126
board that limits, revokes, suspends, places on probation, or 127
refuses to register or reinstate a certificate issued by the 128
board or reprimands the holder of such a certificate shall 129
terminate not more than fifteen months after the date of the 130
filing of a notice of appeal in the court of common pleas, or 131
upon the rendering of a final decision or order in the appeal by 132
the court of common pleas, whichever occurs first. 133
Within thirty days after receipt of a notice of appeal from 135
an order in any case in which a hearing is required by sections 136
119.01 to 119.13 of the Revised Code, the agency shall prepare 137
and certify to the court a complete record of the proceedings in 138
the case. Failure of the agency to comply within the time 139
allowed, upon motion, shall cause the court to enter a finding in 140
favor of the party adversely affected. Additional time, however, 141
may be granted by the court, not to exceed thirty days, when it 142
is shown that the agency has made substantial effort to comply. 143
Such record shall be prepared and transcribed and the expense of 144
it shall be taxed as a part of the costs on the appeal. The 145
appellant shall provide security for costs satisfactory to the 146
court of common pleas. Upon demand by any interested party, the 147
agency shall furnish at the cost of the party requesting it a 148
copy of the stenographic report of testimony offered and evidence 149
submitted at any hearing and a copy of the complete record. 150
Notwithstanding any other provision of this section, any 152
party desiring to appeal an order or decision of the state 153
personnel board of review shall, at the time of filing a notice 154
of appeal with the board, provide a security deposit in an amount 155
and manner prescribed in rules that the board shall adopt in 156
accordance with this chapter. In addition, the board is not 157
required to prepare or transcribe the record of any of its 158
proceedings unless the appellant has provided the deposit 159
described above. The failure of the board to prepare or 160
transcribe a record for an appellant who has not provided a 161
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security deposit shall not cause a court to enter a finding 162
adverse to the board. 163
Unless otherwise provided by law, in the hearing of the 165
appeal, the court is confined to the record as certified to it by 166
the agency. Unless otherwise provided by law, the court may 167
grant a request for the admission of additional evidence when 168
satisfied that such additional evidence is newly discovered and 169
could not with reasonable diligence have been ascertained prior 170
to the hearing before the agency. 171
The court shall conduct a hearing on such appeal and shall 173
give preference to all proceedings under sections 119.01 to 174
119.13 of the Revised Code, over all other civil cases, 175
irrespective of the position of the proceedings on the calendar 176
of the court. An appeal from an order of the state medical board 177
issued pursuant to division (D)(G) of EITHER section 4730.25 OR 179
4731.22 of the Revised Code or the chiropractic examining board 180
issued pursuant to section 4734.101 of the Revised Code shall be 181
set down for hearing at the earliest possible time and takes 182
precedence over all other actions. The hearing in the court of 183
common pleas shall proceed as in the trial of a civil action, and 184
the court shall determine the rights of the parties in accordance 185
with the laws applicable to such action. At such hearing, 186
counsel may be heard on oral argument, briefs may be submitted, 187
and evidence introduced if the court has granted a request for 188
the presentation of additional evidence. 189
The court may affirm the order of the agency complained of 191
in the appeal if it finds, upon consideration of the entire 192
record and such additional evidence as the court has admitted, 193
that the order is supported by reliable, probative, and 194
substantial evidence and is in accordance with law. In the 195
absence of such a finding, it may reverse, vacate, or modify the 196
order or make such other ruling as is supported by reliable, 197
probative, and substantial evidence and is in accordance with 198
law. The court shall award compensation for fees in accordance 199
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with section 2335.39 of the Revised Code to a prevailing party, 200
other than an agency, in an appeal filed pursuant to this 201
section. 202
The judgment of the court shall be final and conclusive 204
unless reversed, vacated, or modified on appeal. Such appeals 205
may be taken either by the party or the agency, shall proceed as 206
in the case of appeals in civil actions, and shall be pursuant to 207
the Rules of Appellate Procedure and, to the extent not in 208
conflict with those rules, Chapter 2505. of the Revised Code. 209
Such appeal by the agency shall be taken on questions of law 210
relating to the constitutionality, construction, or 211
interpretation of statutes and rules of the agency, and in such 212
appeal the court may also review and determine the correctness of 213
the judgment of the court of common pleas that the order of the 214
agency is not supported by any reliable, probative, and 215
substantial evidence in the entire record. 216
The court shall certify its judgment to such agency or take 218
such other action necessary to give its judgment effect. 219
Sec. 121.22. (A) This section shall be liberally 228
construed to require public officials to take official action and 229
to conduct all deliberations upon official business only in open 230
meetings, unless the subject matter is specifically excepted by 231
law. 232
(B) As used in this section: 234
(1) "Public body" means either of the following: 236
(a) Any board, commission, committee, council, or similar 238
decision-making body of a state agency, institution, or 239
authority, and any legislative authority or board, commission, 240
committee, council, agency, authority, or similar decision-making 242
body of any county, township, municipal corporation, school 243
district, or other political subdivision or local public 244
institution;
(b) Any committee or subcommittee of a body described in 246
division (B)(1)(a) of this section. 247
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(2) "Meeting" means any prearranged discussion of the 249
public business of the public body by a majority of its members. 250
(3) "Regulated individual" means: 252
(a) Any student in a state or local public educational 254
institution; 255
(b) Any person who is, voluntarily or involuntarily, an 257
inmate, patient, or resident of a state or local institution 258
because of criminal behavior, mental illness or retardation, 259
disease, disability, age, or other condition requiring custodial 260
care. 261
(C) All meetings of any public body are declared to be 263
public meetings open to the public at all times. A member of a 264
public body must be present in person at a meeting open to the 265
public to be considered present or to vote at the meeting and for 266
purposes of determining whether a quorum is present at the 267
meeting. 268
The minutes of a regular or special meeting of any public 271
body shall be promptly prepared, filed, and maintained and shall 272
be open to public inspection. The minutes need only reflect the 273
general subject matter of discussions in executive sessions 274
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 276
audit conference conducted by the auditor of state or independent 277
certified public accountants with officials of the public office 278
that is the subject of the audit, to the adult parole authority 279
when its hearings are conducted at a correctional institution for 280
the sole purpose of interviewing inmates to determine parole or 281
pardon, to the organized crime investigations commission 282
established under section 177.01 of the Revised Code, to the 283
state medical board when determining whether to suspend a 284
certificate without a prior hearing pursuant to division (D)(G) 286
of EITHER section 4730.25 OR 4731.22 of the Revised Code, to the 288
board of nursing when determining whether to suspend a license 289
without prior hearing pursuant to division (B) of section 290
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4723.181 of the Revised Code, or to the executive committee of 291
the emergency response commission when determining whether to 292
issue an enforcement order or request that a civil action, civil 293
penalty action, or criminal action be brought to enforce Chapter 294
3750. of the Revised Code.
(E) The controlling board, the development financing 296
advisory council, the industrial technology and enterprise 297
advisory council, the tax credit authority, or the minority 299
development financing commission ADVISORY BOARD, when meeting to 300
consider granting assistance pursuant to Chapter 122. or 166. of 302
the Revised Code, in order to protect the interest of the 303
applicant or the possible investment of public funds, by 304
unanimous vote of all board, council, OR authority, or commission 305
members present, may close the meeting during consideration of 307
the following information confidentially received by the 308
commission, authority, council, or board from the applicant: 309
(1) Marketing plans; 311
(2) Specific business strategy; 313
(3) Production techniques and trade secrets; 315
(4) Financial projections; 317
(5) Personal financial statements of the applicant or 319
members of the applicant's immediate family, including, but not 320
limited to, tax records or other similar information not open to 322
public inspection. 323
The vote by the commission, authority, council, or board to 325
accept or reject the application, as well as all proceedings of 326
the commission, authority, council, or board not subject to this 327
division, shall be open to the public and governed by this 328
section.
(F) Every public body, by rule, shall establish a 330
reasonable method whereby any person may determine the time and 331
place of all regularly scheduled meetings and the time, place, 332
and purpose of all special meetings. A public body shall not 333
hold a special meeting unless it gives at least twenty-four 334
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hours' advance notice to the news media that have requested 335
notification, except in the event of an emergency requiring 336
immediate official action. In the event of an emergency, the 337
member or members calling the meeting shall notify the news media 338
that have requested notification immediately of the time, place, 339
and purpose of the meeting. 340
The rule shall provide that any person, upon request and 343
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 344
business is to be discussed. Provisions for advance notification 345
may include, but are not limited to, mailing the agenda of 346
meetings to all subscribers on a mailing list or mailing notices 347
in self-addressed, stamped envelopes provided by the person. 348
(G) Except as provided in division (J) of this section, 351
the members of a public body may hold an executive session only 352
after a majority of a quorum of the public body determines, by a 353
roll call vote, to hold an executive session and only at a 355
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 356
(1) To consider the appointment, employment, dismissal, 358
discipline, promotion, demotion, or compensation of a public 359
employee or official, or the investigation of charges or 360
complaints against a public employee, official, licensee, or 361
regulated individual, unless the public employee, official, 362
licensee, or regulated individual requests a public hearing. 363
Except as otherwise provided by law, no public body shall hold an 364
executive session for the discipline of an elected official for 365
conduct related to the performance of the elected official's 366
official duties or for the elected official's removal from 368
office. If a public body holds an executive session pursuant to 370
division (G)(1) of this section, the motion and vote to hold that 371
executive session shall state which one or more of the approved 372
purposes listed in division (G)(1) of this section are the 373
purposes for which the executive session is to be held, but need 374
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not include the name of any person to be considered at the 375
meeting.
(2) To consider the purchase of property for public 377
purposes, or for the sale of property at competitive bidding, if 378
premature disclosure of information would give an unfair 379
competitive or bargaining advantage to a person whose personal, 380
private interest is adverse to the general public interest. No 381
member of a public body shall use this division as a subterfuge 382
for providing covert information to prospective buyers or 383
sellers. A purchase or sale of public property is void if the 384
seller or buyer of the public property has received covert 385
information from a member of a public body that has not been 386
disclosed to the general public in sufficient time for other 387
prospective buyers and sellers to prepare and submit offers. 388
If the minutes of the public body show that all meetings 390
and deliberations of the public body have been conducted in 391
compliance with this section, any instrument executed by the 392
public body purporting to convey, lease, or otherwise dispose of 393
any right, title, or interest in any public property shall be 394
conclusively presumed to have been executed in compliance with 395
this section insofar as title or other interest of any bona fide 396
purchasers, lessees, or transferees of the property is concerned. 397
(3) Conferences with an attorney for the public body 399
concerning disputes involving the public body that are the 400
subject of pending or imminent court action; 401
(4) Preparing for, conducting, or reviewing negotiations 403
or bargaining sessions with public employees concerning their 404
compensation or other terms and conditions of their employment; 405
(5) Matters required to be kept confidential by federal 407
law or rules or state statutes; 408
(6) Specialized details of security arrangements if 410
disclosure of the matters discussed might reveal information that 411
could be used for the purpose of committing, or avoiding 412
prosecution for, a violation of the law. 413
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If a public body holds an executive session to consider any 415
of the matters listed in divisions (G)(2) to (6) of this section, 416
the motion and vote to hold that executive session shall state 417
which one or more of the approved matters listed in those 418
divisions are to be considered at the executive session. 419
(H) A resolution, rule, or formal action of any kind is 421
invalid unless adopted in an open meeting of the public body. A 422
resolution, rule, or formal action adopted in an open meeting 423
that results from deliberations in a meeting not open to the 424
public is invalid unless the deliberations were for a purpose 425
specifically authorized in division (G) or (J) of this section 426
and conducted at an executive session held in compliance with 427
this section. A resolution, rule, or formal action adopted in an 428
open meeting is invalid if the public body that adopted the 429
resolution, rule, or formal action violated division (F) of this 430
section. 431
(I)(1) Any person may bring an action to enforce the 433
provisions of this section. An action under this division shall 434
be brought within two years after the date of the alleged 435
violation or threatened violation. Upon proof of a violation or 436
threatened violation of this section in an action brought by any 437
person, the court of common pleas shall issue an injunction to 438
compel the members of the public body to comply with its 439
provisions. 440
(2)(a) If the court of common pleas issues an injunction 442
pursuant to division (I)(1) of this section, the court shall 443
order the public body that it enjoins to pay a civil forfeiture 444
of five hundred dollars to the party that sought the injunction 445
and shall award to that party all court costs and, subject to 446
reduction as described in this division, reasonable attorney's 447
fees. The court, in its discretion, may reduce an award of 448
attorney's fees to the party that sought the injunction or not 449
award attorney's fees to that party if the court determines both 450
of the following: 451
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(i) That, based on the ordinary application of statutory 453
law and case law as it existed at the time of violation or 454
threatened violation that was the basis of the injunction, a 455
well-informed public body reasonably would believe that the 456
public body was not violating or threatening to violate this 457
section; 458
(ii) That a well-informed public body reasonably would 460
believe that the conduct or threatened conduct that was the basis 461
of the injunction would serve the public policy that underlies 462
the authority that is asserted as permitting that conduct or 463
threatened conduct. 464
(b) If the court of common pleas does not issue an 466
injunction pursuant to division (I)(1) of this section and the 467
court determines at that time that the bringing of the action was 468
frivolous conduct, as defined in division (A) of section 2323.51 469
of the Revised Code, the court shall award to the public body all 470
court costs and reasonable attorney's fees, as determined by the 471
court. 472
(3) Irreparable harm and prejudice to the party that 474
sought the injunction shall be conclusively and irrebuttably 475
presumed upon proof of a violation or threatened violation of 476
this section. 477
(4) A member of a public body who knowingly violates an 479
injunction issued pursuant to division (I)(1) of this section may 480
be removed from office by an action brought in the court of 481
common pleas for that purpose by the prosecuting attorney or the 482
attorney general. 483
(J)(1) Pursuant to division (C) of section 5901.09 of the 485
Revised Code, a veterans service commission shall hold an 486
executive session for one or more of the following purposes, 487
unless an applicant requests a public hearing:
(a) Interviewing an applicant for financial assistance 489
under sections 5901.01 to 5901.15 of the Revised Code. 490
(b) Discussing applications, statements, and other 492
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documents described in division (B) of section 5901.09 of the 493
Revised Code.
(c) Reviewing matters relating to an applicant's request 495
for financial assistance under sections 5901.01 to 5901.15 of the 496
Revised Code.
(2) A veterans service commission shall not exclude an 498
applicant for, recipient of, or former recipient of financial 499
assistance under sections 5901.01 to 5901.15 of the Revised Code, 500
and shall not exclude representatives selected by the applicant, 502
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 503
applicant's, recipient's, or former recipient's application for 504
financial assistance.
(3) A veterans service commission shall vote on the grant 506
or denial of financial assistance under sections 5901.01 to 507
5901.15 of the Revised Code only in an open meeting of the 509
commission. The minutes of the meeting shall indicate the name, 510
address, and occupation of the applicant, whether the assistance 511
was granted or denied, the amount of the assistance if assistance 512
is granted, and the votes for and against the granting of 513
assistance.
Sec. 503.41. (A) A board of township trustees, by 522
resolution, may regulate and require the registration of massage 523
establishments and their employees within the unincorporated 524
territory of the township. In accordance with sections 503.40 to 525
503.49 of the Revised Code, for that purpose, the board, by a 526
majority vote of all members, may adopt, amend, administer, and 527
enforce regulations within the unincorporated territory of the 528
township. 529
(B) A board may adopt regulations and amendments under 531
this section only after public hearing at not fewer than two 532
regular sessions of the board. The board shall cause to be 533
published in at least one newspaper of general circulation in the 534
township notice of the public hearings, including the time, date, 535
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and place, once a week for two weeks immediately preceding the 536
hearings. The board shall make available proposed regulations or 537
amendments to the public at the office of the board. 538
(C) Regulations or amendments adopted by the board are 540
effective thirty days after the date of adoption unless, within 541
thirty days after the adoption of the regulations or amendments, 542
the township clerk receives a petition, signed by a number of 543
qualified electors residing in the unincorporated area of the 544
township equal to not less than ten per cent of the total vote 545
cast for all candidates for governor in the area at the most 546
recent general election at which a governor was elected, 548
requesting the board to submit the regulations or amendments to 549
the electors of the area for approval or rejection at the next 550
primary or general election occurring at least seventy-five days 551
after the board receives the petition. 552
No regulation or amendment for which the referendum vote 554
has been requested is effective unless a majority of the vote 555
cast on the issue is in favor of the regulation or amendment. 556
Upon certification by the board of elections that a majority of 557
the votes cast on the issue was in favor of the regulation or 558
amendment, the regulation or amendment takes immediate effect. 559
(D) The board shall make available regulations it adopts 561
or amends to the public at the office of the board and shall 562
cause to be published a notice of the availability of the 563
regulations in at least one newspaper of general circulation in 564
the township within ten days after their adoption or amendment. 565
(E) Nothing in sections 503.40 to 503.49 of the Revised 567
Code shall be construed to allow a board of township trustees to 568
regulate the practice of any limited branch of medicine or 569
surgery in accordance with sections SPECIFIED IN SECTION 4731.15 570
and 4731.16 of the Revised Code or the practice of providing 572
therapeutic massage by a licensed physician, a licensed 573
chiropractor, a licensed podiatrist, a licensed nurse, or any 574
other licensed health professional. As used in this division, 575
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"licensed" means licensed, certified, or registered to practice 576
in this state.
Sec. 1785.01. As used in this chapter: 585
(A) "Professional service" means any type of professional 587
service which may be performed only pursuant to a license, 588
certificate, or other legal authorization, as provided by 589
Chapters 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730., 590
4731., 4732., 4733., 4734., and 4741., and sections 4755.01 to 592
4755.12, and 4755.40 to 4755.56 of the Revised Code, to certified 593
public accountants, licensed public accountants, architects, 594
attorneys, dentists, registered nurses, optometrists, 596
pharmacists, PHYSICIAN ASSISTANTS, physicians, practitioners of 597
the limited branches of medicine or surgery specified in section 598
4731.15 of the Revised Code, psychologists, professional 599
engineers, chiropractors, veterinarians, occupational therapists, 600
and physical therapists. 601
(B) "Professional association" means an association 603
organized under this chapter, for the sole purpose of rendering 604
one of the professional services authorized under Chapter 4701., 605
4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 606
4733., 4734., or 4741. or sections 4755.01 to 4755.12 or 4755.40 608
to 4755.56 of the Revised Code, or a combination of the 609
professional services authorized under Chapters 4703. and 4733. 610
of the Revised Code. 611
Sec. 2151.421. (A)(1)(a) No person described listed in 621
division (A)(1)(b) of this section who is acting in an official 623
or professional capacity and knows or suspects that a child under 624
eighteen years of age or a mentally retarded, developmentally 626
disabled, or physically impaired child under twenty-one years of 627
age has suffered or faces a threat of suffering any physical or 628
mental wound, injury, disability, or condition of a nature that 629
reasonably indicates abuse or neglect of the child, shall fail to 630
immediately report that knowledge or suspicion to the public 631
children services agency or a municipal or county peace officer 633
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in the county in which the child resides or in which the abuse or 634
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 638
person who is an attorney; physician, including a hospital intern 639
or resident; dentist; podiatrist; practitioner of a limited 640
branch of medicine or surgery as defined SPECIFIED in section 641
4731.15 of the Revised Code; registered nurse; licensed practical 644
nurse; visiting nurse; other health care professional; licensed 645
psychologist; licensed school psychologist; speech pathologist or 646
audiologist; coroner; administrator or employee of a child 647
day-care center; administrator or employee of a certified child 648
care agency or other public or private children services agency; 649
school teacher; school employee; school authority; person engaged 650
in social work or the practice of professional counseling; or a 651
person rendering spiritual treatment through prayer in accordance 653
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 655
report pursuant to division (A)(1) of this section concerning any 657
communication the attorney or physician receives from a client or 660
patient in an attorney-client or physician-patient relationship, 661
if, in accordance with division (A) or (B) of section 2317.02 of 663
the Revised Code, the attorney or physician could not testify 664
with respect to that communication in a civil or criminal 665
proceeding, except that the client or patient is deemed to have 666
waived any testimonial privilege under division (A) or (B) of 668
section 2317.02 of the Revised Code with respect to that 670
communication and the attorney or physician shall make a report 672
pursuant to division (A)(1) of this section with respect to that 673
communication, if all of the following apply:
(a) The client or patient, at the time of the 675
communication, is either a child under eighteen years of age or a 676
mentally retarded, developmentally disabled, or physically 678
impaired person under twenty-one years of age. 679
(b) The attorney of OR physician knows or suspects, as a 681
17
result of the communication or any observations made during that 683
communication, that the client or patient has suffered or faces a 684
threat of suffering any physical or mental wound, injury, 686
disability, or condition of a nature that reasonably indicates 687
abuse or neglect of the client or patient. 688
(c) The attorney-client or physician-patient relationship 690
does not arise out of the client's or patient's attempt to have 692
an abortion without the notification of her parents, guardian, or 694
custodian in accordance with section 2151.85 of the Revised Code. 695
(B) Anyone, who knows or suspects that a child under 697
eighteen years of age or a mentally retarded, developmentally 699
disabled, or physically impaired person under twenty-one years of 700
age has suffered or faces a threat of suffering any physical or 701
mental wound, injury, disability, or other condition of a nature 702
that reasonably indicates abuse or neglect of the child, may 703
report or cause reports to be made of that knowledge or suspicion 704
to the public children services agency or to a municipal or 706
county peace officer. 707
(C) Any report made pursuant to division (A) or (B) of 709
this section shall be made forthwith either by telephone or in 710
person and shall be followed by a written report, if requested by 712
the receiving agency or officer. The written report shall
contain: 713
(1) The names and addresses of the child and the child's 715
parents or the person or persons having custody of the child, if 716
known;
(2) The child's age and the nature and extent of the 718
child's known or suspected injuries, abuse, or neglect or of the 719
known or suspected threat of injury, abuse, or neglect, including 720
any evidence of previous injuries, abuse, or neglect; 721
(3) Any other information that might be helpful in 723
establishing the cause of the known or suspected injury, abuse, 724
or neglect or of the known or suspected threat of injury, abuse, 725
or neglect. 726
18
Any person, who is required by division (A) of this section 728
to report known or suspected child abuse or child neglect, may 729
take or cause to be taken color photographs of areas of trauma 730
visible on a child and, if medically indicated, cause to be 731
performed radiological examinations of the child. 732
(D)(1) Upon the receipt of a report concerning the 734
possible abuse or neglect of a child or the possible threat of 735
abuse or neglect of a child, the municipal or county peace 736
officer who receives the report shall refer the report to the 737
appropriate public children services agency. 739
(2) On receipt of a report pursuant to this division or 742
division (A) or (B) of this section, the public children services 744
agency shall comply with section 2151.422 of the Revised Code. 746
(E) No township, municipal, or county peace officer shall 748
remove a child about whom a report is made pursuant to this 749
section from the child's parents, stepparents, or guardian or any 750
other persons having custody of the child without consultation 751
with the public children services agency, unless, in the judgment 754
of the officer, and, if the report was made by physician, the 755
physician, immediate removal is considered essential to protect 756
the child from further abuse or neglect. The agency that must be 759
consulted shall be the agency conducting the investigation of the 760
report as determined pursuant to section 2151.422 of the Revised 761
Code. 762
(F)(1) Except as provided in section 2151.422 of the 765
Revised Code, the public children services agency shall 767
investigate, within twenty-four hours, each report of known or 769
suspected child abuse or child neglect and of a known or 770
suspected threat of child abuse or child neglect that is referred 771
to it under this section to determine the circumstances 772
surrounding the injuries, abuse, or neglect or the threat of 773
injury, abuse, or neglect, the cause of the injuries, abuse, 774
neglect, or threat, and the person or persons responsible. The 775
investigation shall be made in cooperation with the law
19
enforcement agency and in accordance with the memorandum of 776
understanding prepared under division (J) of this section. A 778
failure to make the investigation in accordance with the 779
memorandum is not grounds for, and shall not result in, the 781
dismissal of any charges or complaint arising from the report or 782
the suppression of any evidence obtained as a result of the 783
report and does not give, and shall not be construed as giving, 784
any rights or any grounds for appeal or post-conviction relief to 785
any person. The public children services agency shall report 788
each case to a central registry which the state department of 790
human services shall maintain in order to determine whether prior 791
reports have been made in other counties concerning the child or 792
other principals in the case. The public children services 793
agency shall submit a report of its investigation, in writing to 795
the law enforcement agency.
(2) The public children services agency shall make any 798
recommendations to the county prosecuting attorney or city 800
director of law that it considers necessary to protect any 801
children that are brought to its attention. 802
(G)(1)(a) Except as provided in division (H)(3) of this 804
section, anyone or any hospital, institution, school, health 805
department, or agency participating in the making of reports 806
under division (A) of this section, anyone or any hospital, 807
institution, school, health department, or agency participating 808
in good faith in the making of reports under division (B) of this 809
section, and anyone participating in good faith in a judicial 810
proceeding resulting from the reports, shall be immune from any 811
civil or criminal liability for injury, death, or loss to person 812
or property that otherwise might be incurred or imposed as a 813
result of the making of the reports or the participation in the 814
judicial proceeding. Notwithstanding 815
(b) NOTWITHSTANDING section 4731.22 of the Revised Code, 818
the physician-patient privilege shall not be a ground for 819
excluding evidence regarding a child's injuries, abuse, or 820
20
neglect, or the cause of the injuries, abuse, or neglect in any 821
judicial proceeding resulting from a report submitted pursuant to 822
this section.
(2) In any civil or criminal action or proceeding in which 824
it is alleged and proved that participation in the making of a 825
report under this section was not in good faith or participation 826
in a judicial proceeding resulting from a report made under this 827
section was not in good faith, the court shall award the 828
prevailing party reasonable attorney's fees and costs and, if a 829
civil action or proceeding is voluntarily dismissed, may award 830
reasonable attorney's fees and costs to the party against whom 831
the civil action or proceeding is brought. 832
(H)(1) Except as provided in divisions (H)(4), (M), and 835
(N) of this section, a report made under this section is 836
confidential. The information provided in a report made pursuant 837
to this section and the name of the person who made the report 838
shall not be released for use, and shall not be used, as evidence 839
in any civil action or proceeding brought against the person who 840
made the report. In a criminal proceeding, the report is 841
admissible in evidence in accordance with the Rules of Evidence 842
and is subject to discovery in accordance with the Rules of 843
Criminal Procedure. 844
(2) No person shall permit or encourage the unauthorized 846
dissemination of the contents of any report made under this 847
section. 848
(3) A person who knowingly makes or causes another person 850
to make a false report under division (B) of this section that 851
alleges that any person has committed an act or omission that 852
resulted in a child being an abused child or a neglected child is 853
guilty of a violation of section 2921.14 of the Revised Code. 854
(4) A public children services agency shall advise a 857
person alleged to have inflicted abuse or neglect on a child who 858
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 859
21
to the person any information that identifies the person who made 861
the report, statements of witnesses, or police or other
investigative reports. 862
(I) Any report that is required by this section shall 864
result in protective services and emergency supportive services 865
being made available by the public children services agency on 867
behalf of the children about whom the report is made, in an 869
effort to prevent further neglect or abuse, to enhance their 870
welfare, and, whenever possible, to preserve the family unit 871
intact. The agency required to provide the services shall be the 873
agency conducting the investigation of the report pursuant to 874
section 2151.422 of the Revised Code. 876
(J)(1) Each public children services agency shall prepare 878
a memorandum of understanding that is signed by all of the 880
following:
(a) If there is only one juvenile judge in the county, the 883
juvenile judge of the county or the juvenile judge's 884
representative;
(b) If there is more than one juvenile judge in the 888
county, a juvenile judge or the juvenile judges' representative 889
selected by the juvenile judges or, if they are unable to do so 890
for any reason, the juvenile judge who is senior in point of 891
service or the senior juvenile judge's representative; 892
(c) The county peace officer; 895
(d) All chief municipal peace officers within the county; 898
(e) Other law enforcement officers handling child abuse 900
and neglect cases in the county; 901
(f) The prosecuting attorney of the county; public 904
(g) If the public children services agency is not the 906
county department of human services agency, the county department 908
of human services. 909
(2) A memorandum of understanding shall set forth the 911
normal operating procedure to be employed by all concerned 913
officials in the execution of their respective responsibilities 914
22
under this section and division (C) of section 2919.21, division 915
(B)(1) of section 2919.22, division (B) of section 2919.23, and 916
section 2919.24 of the Revised Code and shall have as two of its 917
primary goals the elimination of all unnecessary interviews of 918
children who are the subject of reports made pursuant to division 919
(A) or (B) of this section and, when feasible, providing for only 920
one interview of a child who is the subject of any report made 921
pursuant to division (A) or (B) of this section. A failure to 922
follow the procedure set forth in the memorandum by the concerned 924
officials is not grounds for, and shall not result in, the 925
dismissal of any charges or complaint arising from any reported 926
case of abuse or neglect or the suppression of any evidence 927
obtained as a result of any reported child abuse or child neglect 928
and does not give, and shall not be construed as giving, any 929
rights or any grounds for appeal or post-conviction relief to any 930
person. 931
(3) A memorandum of understanding shall include all of the 933
following: 934
(a) The roles and responsibilities for handling emergency 937
and non-emergency cases of abuse and neglect; 939
(b) Standards and procedures to be used in handling and 941
coordinating investigations of reported cases of child abuse and 942
reported cases of child neglect, methods to be used in 943
interviewing the child who is the subject of the report and who 944
allegedly was abused or neglected, and standards and procedures 945
addressing the categories of persons who may interview the child 946
who is the subject of the report and who allegedly was abused or 947
neglected. 948
(K)(1) Except as provided in division (K)(4) of this 951
section, a person who is required to make a report pursuant to 952
division (A) of this section may make a reasonable number of 953
requests of the public children services agency that receives or 954
is referred the report to be provided with the following 956
information:
23
(a) Whether the agency has initiated an investigation of 959
the report;
(b) Whether the agency is continuing to investigate the 962
report;
(c) Whether the agency is otherwise involved with the 966
child who is the subject of the report;
(d) The general status of the health and safety of the 968
child who is the subject of the report; 969
(e) Whether the report has resulted in the filing of a 971
complaint in juvenile court or of criminal charges in another 972
court. 973
(2) A person may request the information specified in 975
division (K)(1) of this section only if, at the time the report 976
is made, the person's name, address, and telephone number are 977
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 979
public children services agency receives a report pursuant to 982
division (A) or (B) of this section the recipient of the report 983
shall inform the person of the right to request the information 985
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 986
neglect report that the person making the report was so informed 987
and, if provided at the time of the making of the report, shall 988
include the person's name, address, and telephone number in the 989
report.
Each request is subject to verification of the identity of 991
the person making the report. If that person's identity is 994
verified, the agency shall provide the person with the 996
information described in division (K)(1) of this section a 997
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 999
the subject of the report other than the information described in 1,000
those divisions.
(3) A request made pursuant to division (K)(1) of this 1,002
24
section is not a substitute for any report required to be made 1,003
pursuant to division (A) of this section. 1,004
(4) If an agency other than the agency that received or 1,007
was referred the report is conducting the investigation of the 1,008
report pursuant to section 2151.422 of the Revised Code, the 1,010
agency conducting the investigation shall comply with the 1,011
requirements of division (K) OF THIS SECTION. 1,012
(L) The department of human services shall adopt rules in 1,014
accordance with Chapter 119. of the Revised Code to implement 1,017
this section. The department may enter into a plan of 1,019
cooperation with any other governmental entity to aid in ensuring 1,020
that children are protected from abuse and neglect. The 1,021
department shall make recommendations to the attorney general 1,022
that the department determines are necessary to protect children 1,023
from child abuse and child neglect. 1,024
(M) No later than the end of the day following the day on 1,027
which a public children services agency receives a report of 1,028
alleged child abuse or child neglect, or a report of an alleged 1,029
threat of child abuse or child neglect, that allegedly occurred 1,030
in or involved an out-of-home care entity, the agency shall 1,031
provide written notice of the allegations contained in and the 1,033
person named as the alleged perpetrator in the report to the 1,034
administrator, director, or other chief administrative officer of 1,035
the out-of-home care entity that is the subject of the report 1,036
unless the administrator, director, or other chief administrative 1,037
officer is named as an alleged perpetrator in the report. If the 1,038
administrator, director, or other chief administrative officer of 1,039
an out-of-home care entity is named as an alleged perpetrator in 1,040
a report of alleged child abuse or child neglect, or a report of 1,041
an alleged threat of child abuse or child neglect, that allegedly 1,042
occurred in or involved the out-of-home care entity, the agency 1,043
shall provide the written notice to the owner or governing board 1,045
of the out-of-home care entity that is the subject of the report. 1,046
The agency shall not provide witness statements or police or 1,048
25
other investigative reports.
(N) No later than three days after the day on which a 1,051
public children services agency that conducted the investigation 1,052
as determined pursuant to section 2151.422 of the Revised Code 1,053
makes a disposition of an investigation involving a report of 1,054
alleged child abuse or child neglect, or a report of an alleged 1,055
threat of child abuse or child neglect, that allegedly occurred 1,056
in or involved an out-of-home care entity, the agency shall send 1,059
written notice of the disposition of the investigation to the 1,060
administrator, director, or other chief administrative officer 1,061
and the owner or governing board of the out-of-home care entity. 1,062
The agency shall not provide witness statements or police or 1,064
other investigative reports.
Sec. 2317.02. The following persons shall not testify in 1,078
certain respects: 1,079
(A) An attorney, concerning a communication made TO the 1,081
attorney by the attorney's a client in that relation or the 1,082
attorney's advice to the a client, except that the attorney may 1,084
testify by express consent of the client or, if the client is 1,085
deceased, by the express consent of the surviving spouse or the 1,086
executor or administrator of the estate of the deceased client 1,087
and except that, if the client voluntarily testifies or is deemed 1,088
by section 2151.421 of the Revised Code to have waived any 1,089
testimonial privilege under this division, the attorney may be 1,090
compelled to testify on the same subject;
(B)(1) A physician or a dentist concerning a communication 1,092
made TO the physician or dentist by the physician's or dentist's 1,094
a patient in that relation or the physician's or dentist's advice 1,095
to the a patient, except as otherwise provided in this division, 1,096
division (B)(2), and division (B)(3) of this section, and except 1,097
that, if the patient is deemed by section 2151.421 of the Revised 1,098
Code to have waived any testimonial privilege under this 1,099
division, the physician may be compelled to testify on the same 1,100
subject.
26
The testimonial privilege ESTABLISHED under this division 1,102
does not apply, and a physician or dentist may testify or may be 1,103
compelled to testify, in any of the following circumstances: 1,104
(a) In any civil action, in accordance with the discovery 1,106
provisions of the Rules of Civil Procedure in connection with a 1,107
civil action, or in connection with a claim under Chapter 4123. 1,108
of the Revised Code, under any of the following circumstances: 1,109
(i) If the patient or the guardian or other legal 1,111
representative of the patient gives express consent; 1,112
(ii) If the patient is deceased, the spouse of the patient 1,114
or the executor or administrator of the patient's estate gives 1,116
express consent;
(iii) If a medical claim, dental claim, chiropractic 1,118
claim, or optometric claim, as defined in section 2305.11 of the 1,119
Revised Code, an action for wrongful death, any other type of 1,120
civil action, or a claim under Chapter 4123. of the Revised Code 1,121
is filed by the patient, the personal representative of the 1,122
estate of the patient if deceased, or the patient's guardian or 1,124
other legal representative.
(b) In any criminal action concerning any test or the 1,126
results of any test that determines the presence or concentration 1,127
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 1,128
the patient's blood, breath, urine, or other bodily substance at 1,129
any time relevant to the criminal offense in question. 1,130
(c) IN ANY CRIMINAL ACTION AGAINST A PHYSICIAN OR DENTIST. 1,133
IN SUCH AN ACTION, THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER 1,134
THIS DIVISION DOES NOT PROHIBIT THE ADMISSION INTO EVIDENCE, IN 1,135
ACCORDANCE WITH THE RULES OF EVIDENCE, OF A PATIENT'S MEDICAL OR 1,138
DENTAL RECORDS OR OTHER COMMUNICATIONS BETWEEN A PATIENT AND THE 1,139
PHYSICIAN OR DENTIST THAT ARE RELATED TO THE ACTION AND OBTAINED 1,140
BY SUBPOENA, SEARCH WARRANT, OR OTHER LAWFUL MEANS. A COURT THAT 1,141
PERMITS OR COMPELS A PHYSICIAN OR DENTIST TO TESTIFY IN SUCH AN 1,142
ACTION OR PERMITS THE INTRODUCTION INTO EVIDENCE OF PATIENT 1,143
RECORDS OR OTHER COMMUNICATIONS IN SUCH AN ACTION SHALL REQUIRE 1,144
27
THAT APPROPRIATE MEASURES BE TAKEN TO ENSURE THAT THE 1,145
CONFIDENTIALITY OF ANY PATIENT NAMED OR OTHERWISE IDENTIFIED IN 1,146
THE RECORDS IS MAINTAINED. MEASURES TO ENSURE CONFIDENTIALITY 1,147
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 1,148
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 1,149
(2)(a) If any law enforcement officer submits a written 1,151
statement to a health care provider that states that an official 1,152
criminal investigation has begun regarding a specified person or 1,153
that a criminal action or proceeding has been commenced against a 1,154
specified person, that requests the provider to supply to the 1,155
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 1,156
specified person to determine the presence or concentration of 1,157
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 1,158
person's blood, breath, or urine at any time relevant to the 1,159
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 1,160
specifically prohibited by any law of this state or of the United 1,161
States, shall supply to the officer a copy of any of the 1,162
requested records the provider possesses. If the health care 1,163
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 1,164
indicates that the provider does not possess any of the requested 1,165
records.
(b) If a health care provider possesses any records of the 1,167
type described in division (B)(2)(a) of this section regarding 1,168
the person in question at any time relevant to the criminal 1,169
offense in question, in lieu of personally testifying as to the 1,170
results of the test in question, the custodian of the records may 1,171
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 1,172
admitted as evidence in accordance with the Rules of Evidence. 1,173
Division (A) of section 2317.422 of the Revised Code does not 1,174
apply to any certified copy of records submitted in accordance 1,175
28
with this division. Nothing in this division shall be construed 1,176
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 1,177
person under whose supervision the test was administered, the 1,178
custodian of the records, the person who made the records, or the 1,179
person under whose supervision the records were made. 1,180
(3)(a) If the testimonial privilege described in division 1,182
(B)(1) of this section does not apply as provided in division 1,183
(B)(1)(a)(iii) of this section, a physician or dentist may be 1,184
compelled to testify or to submit to discovery under the Rules of 1,185
Civil Procedure only as to a communication made TO the physician 1,186
or dentist by the patient in question in that relation, or the 1,187
physician's or dentist's advice to the patient in question, that 1,189
related causally or historically to physical or mental injuries 1,190
that are relevant to issues in the medical claim, dental claim, 1,191
chiropractic claim, or optometric claim, action for wrongful 1,192
death, other civil action, or claim under Chapter 4123. of the 1,193
Revised Code.
(b) If the testimonial privilege described in division 1,195
(B)(1) of this section does not apply to a physician or dentist 1,196
as provided in division (B)(1)(b) of this section, the physician 1,197
or dentist, in lieu of personally testifying as to the results of 1,198
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 1,199
qualified as authentic evidence and may be admitted as evidence 1,200
in accordance with the Rules of Evidence. Division (A) of 1,201
section 2317.422 of the Revised Code does not apply to any 1,202
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 1,203
the right of any party to call as a witness the person who 1,204
administered the test in question, the person under whose 1,205
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 1,206
person under whose supervision the results were compiled. 1,207
29
(4)(a) As used in divisions (B)(1) to (3) of this section, 1,209
"communication" means acquiring, recording, or transmitting any 1,210
information, in any manner, concerning any facts, opinions, or 1,211
statements necessary to enable a physician or dentist to 1,212
diagnose, treat, prescribe, or act for a patient. A 1,213
"communication" may include, but is not limited to, any medical 1,214
or dental, office, or hospital communication such as a record, 1,215
chart, letter, memorandum, laboratory test and results, x-ray, 1,216
photograph, financial statement, diagnosis, or prognosis. 1,217
(b) As used in division (B)(2) of this section, "health 1,219
care provider" has the same meaning as in section 3729.01 of the 1,220
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 1,222
apply to doctors of medicine, doctors of osteopathic medicine, 1,223
doctors of podiatry, and dentists. 1,224
(6) Nothing in divisions (B)(1) to (5) of this section 1,226
affects, or shall be construed as affecting, the immunity from 1,227
civil liability conferred by section 2305.33 of the Revised Code 1,228
upon physicians who report an employee's use of a drug of abuse, 1,229
or a condition of an employee other than one involving the use of 1,230
a drug of abuse, to the employer of the employee in accordance 1,231
with division (B) of that section. As used in this division 1,232
(B)(6) OF THIS SECTION, "employee," "employer," and "physician" 1,234
have the same meanings as in section 2305.33 of the Revised Code. 1,235
(C) A member of the clergy, rabbi, priest, or regularly 1,237
ordained, accredited, or licensed minister of an established and 1,239
legally cognizable church, denomination, or sect, when the cleric 1,240
MEMBER OF THE CLERGY, rabbi, priest, or minister remains 1,242
accountable to the authority of that church, denomination, or 1,243
sect, concerning a confession made, or any information 1,244
confidentially communicated, TO the clergyman MEMBER OF THE 1,245
CLERGY, rabbi, priest, or minister for a religious counseling 1,246
purpose in the clergyman's MEMBER OF THE CLERGY'S, rabbi's, 1,247
priest's, or minister's professional character; however, the 1,249
30
cleric MEMBER OF THE CLERGY, rabbi, priest, or minister may 1,251
testify by express consent of the person making the 1,252
communication, except when the disclosure of the information is 1,253
in violation of the clergyman's rabbi's, priest's, or minister's 1,254
a sacred trust.
(D) Husband or wife, concerning any communication made by 1,256
one to the other, or an act done by either in the presence of the 1,257
other, during coverture, unless the communication was made, or 1,258
act done, in the known presence or hearing of a third person 1,259
competent to be a witness; and such rule is the same if the 1,260
marital relation has ceased to exist. 1,261
(E) A person who assigns a claim or interest, concerning 1,263
any matter in respect to which the person would not, if a party, 1,265
be permitted to testify;
(F) A person who, if a party, would be restricted under 1,268
section 2317.03 of the Revised Code, when the property or thing 1,269
is sold or transferred by an executor, administrator, guardian, 1,270
trustee, heir, devisee, or legatee, shall be restricted in the 1,271
same manner in any action or proceeding concerning the property 1,272
or thing.
(G)(1) A school guidance counselor who holds a valid 1,274
educator license from the state board of education as provided 1,276
for in section 3319.22 of the Revised Code, a person licensed 1,277
under Chapter 4757. of the Revised Code as a professional 1,278
clinical counselor, professional counselor, social worker, or 1,279
independent social worker, or registered under Chapter 4757. of 1,280
the Revised Code as a social work assistant concerning a 1,281
confidential communication such person such person's received 1,282
from a client in that relation or such person's the person's 1,283
advice to the a client unless any of the following applies: 1,284
(a) The communication or advice indicates clear and 1,286
present danger to the client or other persons. For the purposes 1,287
of this division, cases in which there are indications of present 1,288
or past child abuse or neglect of the client constitute a clear 1,289
31
and present danger. 1,290
(b) The client gives express consent to the testimony. 1,292
(c) If the client is deceased, the surviving spouse or the 1,294
executor or administrator of the estate of the deceased client 1,295
gives express consent. 1,296
(d) The client voluntarily testifies, in which case the 1,298
school guidance counselor or person licensed or registered under 1,299
Chapter 4757. of the Revised Code may be compelled to testify on 1,301
the same subject.
(e) The court in camera determines that the information 1,303
communicated by the client is not germane to the counselor-client 1,304
or social worker-client relationship. 1,305
(f) A court, in an action brought against a school, its 1,307
administration, or any of its personnel by the client, rules 1,308
after an in-camera inspection that the testimony of the school 1,309
guidance counselor is relevant to that action. 1,310
(2) Nothing in division (G)(1) of this section shall 1,312
relieve a school guidance counselor or a person licensed or 1,314
registered under Chapter 4757. of the Revised Code from the 1,316
requirement to report information concerning child abuse or 1,317
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 1,319
division (A) of section 3109.052 of the Revised Code or otherwise 1,320
issued in any proceeding for divorce, dissolution, legal 1,321
separation, annulment, or the allocation of parental rights and 1,322
responsibilities for the care of children, in any action or 1,323
proceeding, other than a criminal, delinquency, child abuse, 1,324
child neglect, or dependent child action or proceeding, that is 1,325
brought by or against either parent who takes part in mediation 1,326
in accordance with the order and that pertains to the mediation 1,327
process, to any information discussed or presented in the 1,328
mediation process, to the allocation of parental rights and 1,329
responsibilities for the care of the parents' children, or to the 1,330
awarding of visitation rights in relation to their children. 1,331
32
(I) A communications assistant, acting within the scope of 1,333
the communication that assistant's authority, when providing 1,334
telecommunications relay service pursuant to section 4931.35 of 1,336
the Revised Code or Title II of the "Communications Act of 1934," 1,337
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 1,338
made through a telecommunications relay service. 1,339
Nothing in this section shall limit any immunity or 1,341
privilege granted under federal law or regulation. Nothing in 1,342
this section shall limit the obligation of a communications 1,343
assistant to divulge information or testify when mandated by 1,344
federal law or regulation or pursuant to subpoena in a criminal 1,345
proceeding. 1,346
Sec. 2925.01. As used in this chapter: 1,359
(A) "Administer," "controlled substance," "dispense," 1,361
"distribute," "federal drug abuse control laws," "hypodermic," 1,362
"manufacturer," "official written order," "person," "pharmacist," 1,364
"pharmacy," "practitioner," "prescription," "sale," "schedule I," 1,365
"schedule II," "schedule III," "schedule IV," "schedule V," and 1,366
"wholesaler" have the same meanings as in section 3719.01 of the 1,367
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 1,369
same meanings as in section 3719.011 of the Revised Code. 1,370
(C) "Drug," "dangerous drug," and "Federal Food, Drug, and 1,372
Cosmetic Act" have the same meanings as in section 4729.02 of the 1,373
Revised Code. 1,374
(D) "Bulk amount" of a controlled substance means any of 1,376
the following: 1,377
(1) For any compound, mixture, preparation, or substance 1,379
included in schedule I, schedule II, or schedule III, with the 1,381
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 1,383
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 1,385
twenty-five unit doses of a compound, mixture, preparation, or 1,386
33
substance that is or contains any amount of a schedule I opiate 1,387
or opium derivative; 1,388
(b) An amount equal to or exceeding ten grams of a 1,391
compound, mixture, preparation, or substance that is or contains 1,392
any amount of raw or gum opium; 1,393
(c) An amount equal to or exceeding thirty grams or ten 1,396
unit doses of a compound, mixture, preparation, or substance that 1,397
is or contains any amount of a schedule I hallucinogen other than 1,398
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,401
stimulant or depressant; 1,402
(d) An amount equal to or exceeding twenty grams or five 1,405
times the maximum daily dose in the usual dose range specified in 1,406
a standard pharmaceutical reference manual of a compound, 1,407
mixture, preparation, or substance that is or contains any amount 1,408
of a schedule II opiate or opium derivative; 1,409
(e) An amount equal to or exceeding five grams or ten unit 1,411
doses of a compound, mixture, preparation, or substance that is 1,412
or contains any amount of phencyclidine; 1,413
(f) An amount equal to or exceeding one hundred twenty 1,415
grams or thirty times the maximum daily dose in the usual dose 1,416
range specified in a standard pharmaceutical reference manual of 1,417
a compound, mixture, preparation, or substance that is or 1,418
contains any amount of a schedule II stimulant that is in a final 1,419
dosage form manufactured by a person authorized by the Federal 1,420
Food, Drug, and Cosmetic Act and the federal drug abuse control 1,421
laws, that is or contains any amount of a schedule II depressant 1,422
substance or a schedule II hallucinogenic substance; 1,423
(g) An amount equal to or exceeding three grams of a 1,426
compound, mixture, preparation, or substance that is or contains 1,427
any amount of a schedule II stimulant, or any of its salts or 1,428
isomers, that is not in a final dosage form manufactured by a 1,429
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,430
the federal drug abuse control laws. 1,431
(2) An amount equal to or exceeding one hundred twenty 1,434
34
grams or thirty times the maximum daily dose in the usual dose 1,435
range specified in a standard pharmaceutical reference manual of 1,437
a compound, mixture, preparation, or substance that is or 1,439
contains any amount of a schedule III or IV substance other than 1,441
an anabolic steroid or a schedule III opiate or opium derivative; 1,442
(3) An amount equal to or exceeding twenty grams or five 1,444
times the maximum daily dose in the usual dose range specified in 1,445
a standard pharmaceutical reference manual of a compound, 1,446
mixture, specification PREPARATION, or substance that is or 1,448
contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 1,450
milliliters or two hundred fifty grams of a compound, mixture, 1,451
preparation, or substance that is or contains any amount of a 1,452
schedule V substance; 1,453
(5) An amount equal to or exceeding two hundred solid 1,456
dosage units, sixteen grams, or sixteen milliliters of a 1,457
compound, mixture, preparation, or substance that is or contains 1,458
any amount of a schedule III anabolic steroid. 1,459
(E) "Unit dose" means an amount or unit of a compound, 1,461
mixture, or preparation containing a controlled substance that is 1,462
separately identifiable and is in a form indicating that 1,463
indicates that it is the amount or unit by which the controlled 1,465
substance is separately administered to or taken by an 1,466
individual. 1,467
(F) "Cultivate" includes planting, watering, fertilizing, 1,469
or tilling. 1,470
(G) "Drug abuse offense" means any of the following: 1,472
(1) A violation of division (A) of section 2913.02 that 1,474
constitutes theft of drugs, or a violation of section 2925.02, 1,475
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,476
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,478
Revised Code;
(2) A violation of an existing or former law of this or 1,480
any other state or of the United States that is substantially 1,481
35
equivalent to any section listed in division (G)(1) of this 1,482
section; 1,483
(3) An offense under an existing or former law of this or 1,485
any other state, or of the United States, of which planting, 1,486
cultivating, harvesting, processing, making, manufacturing, 1,487
producing, shipping, transporting, delivering, acquiring, 1,488
possessing, storing, distributing, dispensing, selling, inducing 1,489
another to use, administering to another, using, or otherwise 1,490
dealing with a controlled substance is an element; 1,491
(4) A conspiracy to commit, attempt to commit, or 1,493
complicity in committing or attempting to commit any offense 1,494
under division (G)(1), (2), or (3) of this section. 1,495
(H) "Felony drug abuse offense" means any drug abuse 1,497
offense that would constitute a felony under the laws of this 1,498
state, any other state, or the United States. 1,499
(I) "Harmful intoxicant" does not include beer or 1,501
intoxicating liquor but means any compound, mixture, preparation, 1,503
or substance the gas, fumes, or vapor of which when inhaled can 1,504
induce intoxication, excitement, giddiness, irrational behavior, 1,505
depression, stupefaction, paralysis, unconsciousness, 1,506
asphyxiation, or other harmful physiological effects, and 1,507
includes, but is not limited to, any of the following: 1,508
(1) Any volatile organic solvent, plastic cement, model 1,510
cement, fingernail polish remover, lacquer thinner, cleaning 1,511
fluid, gasoline, or other preparation containing a volatile 1,512
organic solvent; 1,513
(2) Any aerosol propellant; 1,515
(3) Any fluorocarbon refrigerant; 1,517
(4) Any anesthetic gas. 1,519
(J) "Manufacture" means to plant, cultivate, harvest, 1,521
process, make, prepare, or otherwise engage in any part of the 1,522
production of a drug, by propagation, extraction, chemical 1,523
synthesis, or compounding, or any combination of the same, and 1,524
includes packaging, repackaging, labeling, and other activities 1,525
36
incident to production. 1,526
(K) "Possess" or "possession" means having control over a 1,528
thing or substance, but may not be inferred solely from mere 1,529
access to the thing or substance through ownership or occupation 1,530
of the premises upon which the thing or substance is found. 1,531
(L) "Sample drug" means a drug or pharmaceutical 1,533
preparation that would be hazardous to health or safety if used 1,534
without the supervision of a practitioner, or a drug of abuse, 1,535
and that, at one time, had been placed in a container plainly 1,536
marked as a sample by a manufacturer. 1,537
(M) "Standard pharmaceutical reference manual" means the 1,539
current edition, with cumulative changes if any, of any of the 1,540
following reference works: 1,541
(1) "The National Formulary"; 1,543
(2) "The United States Pharmacopeia," prepared by 1,545
authority of the United States Pharmacopeial Convention, Inc.; 1,546
(3) Other standard references that are approved by the 1,548
state board of pharmacy. 1,549
(N) "Juvenile" means a person under eighteen years of age. 1,551
(O) "Counterfeit controlled substance" means any of the 1,553
following: 1,554
(1) Any drug that bears, or whose container or label 1,556
bears, a trademark, trade name, or other identifying mark used 1,557
without authorization of the owner of rights to that trademark, 1,558
trade name, or identifying mark; 1,559
(2) Any unmarked or unlabeled substance that is 1,561
represented to be a controlled substance manufactured, processed, 1,562
packed, or distributed by a person other than the person that 1,563
manufactured, processed, packed, or distributed it; 1,564
(3) Any substance that is represented to be a controlled 1,566
substance but is not a controlled substance or is a different 1,567
controlled substance; 1,568
(4) Any substance other than a controlled substance that a 1,570
reasonable person would believe to be a controlled substance 1,571
37
because of its similarity in shape, size, and color, or its 1,572
markings, labeling, packaging, distribution, or the price for 1,573
which it is sold or offered for sale. 1,574
(P) An offense is "committed in the vicinity of a school" 1,576
if the offender commits the offense on school premises, in a 1,577
school building, or within one thousand feet of the boundaries of 1,578
any school premises.
(Q) "School" means any school operated by a board of 1,580
education or any school for which the state board of education 1,581
prescribes minimum standards under section 3301.07 of the Revised 1,582
Code, whether or not any instruction, extracurricular activities, 1,583
or training provided by the school is being conducted at the time 1,584
a criminal offense is committed. 1,585
(R) "School premises" means either of the following: 1,587
(1) The parcel of real property on which any school is 1,589
situated, whether or not any instruction, extracurricular 1,590
activities, or training provided by the school is being conducted 1,591
on the premises at the time a criminal offense is committed; 1,592
(2) Any other parcel of real property that is owned or 1,594
leased by a board of education of a school or the governing body 1,595
of a school for which the state board of education prescribes 1,596
minimum standards under section 3301.07 of the Revised Code and 1,597
on which some of the instruction, extracurricular activities, or 1,598
training of the school is conducted, whether or not any 1,599
instruction, extracurricular activities, or training provided by 1,600
the school is being conducted on the parcel of real property at 1,601
the time a criminal offense is committed. 1,602
(S) "School building" means any building in which any of 1,604
the instruction, extracurricular activities, or training provided 1,605
by a school is conducted, whether or not any instruction, 1,606
extracurricular activities, or training provided by the school is 1,607
being conducted in the school building at the time a criminal 1,608
offense is committed. 1,609
(T) "Disciplinary counsel" means the disciplinary counsel 1,611
38
appointed by the board of commissioners on grievances and 1,612
discipline of the supreme court under the Rules for the 1,613
Government of the Bar of Ohio. 1,614
(U) "Certified grievance committee" means a duly 1,616
constituted and organized committee of the Ohio state bar 1,617
association or of one or more local bar associations of the state 1,618
of Ohio that complies with the criteria set forth in Rule V, 1,619
section 6 of the Rules for the Government of the Bar of Ohio. 1,620
(V) "Professional license" means any license, permit, 1,622
certificate, registration, qualification, admission, temporary 1,623
license, temporary permit, temporary certificate, or temporary 1,624
registration that is described in divisions (W)(1) to (35) of 1,625
this section and that qualifies a person as a professionally 1,626
licensed person. 1,627
(W) "Professionally licensed person" means any of the 1,629
following: 1,630
(1) A person who has obtained a license as a manufacturer 1,632
of controlled substances or a wholesaler of controlled substances 1,633
under Chapter 3719. of the Revised Code; 1,634
(2) A person who has received a certificate or temporary 1,636
certificate as a certified public accountant or who has 1,637
registered as a public accountant under Chapter 4701. of the 1,638
Revised Code and who holds a live permit issued under that 1,639
chapter; 1,640
(3) A person who holds a certificate of qualification to 1,642
practice architecture issued or renewed and registered under 1,643
Chapter 4703. of the Revised Code; 1,644
(4) A person who is registered as a landscape architect 1,646
under Chapter 4703. of the Revised Code or who holds a permit as 1,647
a landscape architect issued under that chapter; 1,648
(5) A person licensed as an auctioneer or apprentice 1,650
auctioneer or licensed to operate an auction company under 1,651
Chapter 4707. of the Revised Code; 1,652
(6) A person who has been issued a certificate of 1,654
39
registration as a registered barber under Chapter 4709. of the 1,655
Revised Code; 1,656
(7) A person licensed and regulated to engage in the 1,658
business of a debt pooling company by a legislative authority, 1,659
under authority of Chapter 4710. of the Revised Code; 1,660
(8) A person who has been issued a cosmetologist's 1,662
license, manicurist's license, esthetician's license, managing 1,663
cosmetologist's license, managing manicurist's license, managing 1,664
esthetician's license, cosmetology instructor's license, 1,665
manicurist instructor's license, esthetician instructor's 1,666
license, or tanning facility permit under Chapter 4713. of the 1,667
Revised Code; 1,668
(9) A person who has been issued a license to practice 1,670
dentistry, a general anesthesia permit, a conscious intravenous 1,671
sedation permit, a limited resident's license, a limited teaching 1,672
license, a dental hygienist's license, or a dental hygienist's 1,673
teacher's certificate under Chapter 4715. of the Revised Code; 1,674
(10) A person who has been issued an embalmer's license, a 1,676
funeral director's license, or a funeral home license, or who has 1,677
been registered for a funeral director's apprenticeship under 1,678
Chapter 4717. of the Revised Code; 1,679
(11) A person who has been licensed as a registered nurse 1,681
or practical nurse, or who has been issued a certificate for the 1,682
practice of nurse-midwifery under Chapter 4723. of the Revised 1,683
Code; 1,684
(12) A person who has been licensed to practice optometry 1,686
or to engage in optical dispensing under Chapter 4725. of the 1,687
Revised Code; 1,688
(13) A person licensed to act as a pawnbroker under 1,690
Chapter 4727. of the Revised Code; 1,691
(14) A person licensed to act as a precious metals dealer 1,693
under Chapter 4728. of the Revised Code; 1,694
(15) A person registered as a pharmacist, a pharmacy 1,696
intern, a wholesale distributor of dangerous drugs, or a terminal 1,697
40
distributor of dangerous drugs under Chapter 4729. of the Revised 1,698
Code; 1,699
(16) A person who is authorized to practice as a physician 1,701
assistant under Chapter 4730. of the Revised Code; 1,702
(17) A person who has been issued a certificate to 1,704
practice medicine and surgery, osteopathic medicine and surgery, 1,705
a limited branch of medicine or surgery, or podiatry under 1,706
Chapter 4731. of the Revised Code; 1,707
(18) A person licensed as a psychologist or school 1,709
psychologist under Chapter 4732. of the Revised Code; 1,710
(19) A person registered to practice the profession of 1,712
engineering or surveying under Chapter 4733. of the Revised Code; 1,713
(20) A person who has been issued a certificate to 1,715
practice chiropractic under Chapter 4734. of the Revised Code; 1,716
(21) A person licensed to act as a real estate broker, 1,718
real estate salesman, limited real estate broker, or limited real 1,719
estate salesman under Chapter 4735. of the Revised Code; 1,720
(22) A person registered as a registered sanitarian under 1,722
Chapter 4736. of the Revised Code; 1,723
(23) A person licensed to operate or maintain a junkyard 1,725
under Chapter 4737. of the Revised Code; 1,726
(24) A person who has been issued a motor vehicle salvage 1,728
dealer's license under Chapter 4738. of the Revised Code; 1,729
(25) A person who has been licensed to act as a steam 1,731
engineer under Chapter 4739. of the Revised Code; 1,732
(26) A person who has been issued a license or temporary 1,734
permit to practice veterinary medicine or any of its branches, or 1,735
who is registered as a graduate animal technician under Chapter 1,736
4741. of the Revised Code; 1,737
(27) A person who has been issued a hearing aid dealer's 1,739
or fitter's license or trainee permit under Chapter 4747. of the 1,740
Revised Code; 1,741
(28) A person who has been issued a class A, class B, or 1,743
class C license or who has been registered as an investigator or 1,744
41
security guard employee under Chapter 4749. of the Revised Code; 1,745
(29) A person licensed and registered to practice as a 1,747
nursing home administrator under Chapter 4751. of the Revised 1,748
Code; 1,749
(30) A person licensed to practice as a speech pathologist 1,751
or audiologist under Chapter 4753. of the Revised Code; 1,752
(31) A person issued a license as an occupational 1,754
therapist or physical therapist under Chapter 4755. of the 1,755
Revised Code; 1,756
(32) A person who is licensed as a professional clinical 1,758
counselor or professional counselor, licensed as a social worker 1,759
or independent social worker, or registered as a social work 1,760
assistant under Chapter 4757. of the Revised Code; 1,761
(33) A person issued a license to practice dietetics under 1,763
Chapter 4759. of the Revised Code; 1,764
(34) A person who has been issued a license or temporary 1,766
permit to practice respiratory therapy under Chapter 4761. of the 1,767
Revised Code; 1,768
(35) A person who has been issued a real estate appraiser 1,770
certificate under Chapter 4763. of the Revised Code. 1,771
(X) "Cocaine" means any of the following: 1,773
(1) A cocaine salt, isomer, or derivative, a salt of a 1,775
cocaine isomer or derivative, or the base form of cocaine; 1,776
(2) Coca leaves or a salt, compound, derivative, or 1,778
preparation of coca leaves, including ecgonine, a salt, isomer, 1,779
or derivative of ecgonine, or a salt of an isomer or derivative 1,780
of ecgonine; 1,781
(3) A salt, compound, derivative, or preparation of a 1,783
substance identified in division (X)(1) or (2) of this section 1,785
that is chemically equivalent to or identical with any of those 1,786
substances, except that the substances shall not include 1,787
decocainized coca leaves or extraction of coca leaves if the 1,788
extractions do not contain cocaine or ecgonine. 1,789
(Y) "L.S.D." means lysergic acid diethylamide. 1,792
42
(Z) "Hashish" means the resin or a preparation of the 1,794
resin contained in marihuana, whether in solid form or in a 1,795
liquid concentrate, liquid extract, or liquid distillate form. 1,796
(AA) "Marihuana" has the same meaning as in section 1,798
3719.01 of the Revised Code, except that it does not include 1,800
hashish.
(BB) An offense is "committed in the vicinity of a 1,802
juvenile" if the offender commits the offense within one hundred 1,804
feet of a juvenile or within the view of a juvenile, regardless 1,805
of whether the offender knows the age of the juvenile, whether 1,806
the offender knows the offense is being committed within one 1,807
hundred feet of or within view of the juvenile, or whether the 1,808
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 1,810
a prison term shall be imposed" means a presumption, as described 1,811
in division (D) of section 2929.13 of the Revised Code, that a 1,812
prison term is a necessary sanction for a felony in order to 1,813
comply with the purposes and principles of sentencing under 1,814
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 1,816
section 2929.01 of the Revised Code. 1,817
(EE) "Minor drug possession offense" means either of the 1,819
following: 1,820
(1) A violation of section 2925.11 of the Revised Code as 1,822
it existed prior to July 1, 1996; 1,823
(2) A violation of section 2925.11 of the Revised Code as 1,825
it exists on and after July 1, 1996, this that is a misdemeanor 1,826
or a felony of the fifth degree. 1,827
(FF) "Mandatory prison term" has the same meaning as in 1,830
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 1,832
preparation, or substance that is or contains any amount of 1,833
cocaine that is analytically identified as the base form of 1,834
cocaine or that is in a form that resembles rocks or pebbles 1,835
43
generally intended for individual use.
Sec. 3701.242. (A) An HIV test shall be performed only 1,844
if, prior to the test, informed consent is obtained either by the 1,845
person or agency of state or local government ordering the test 1,846
or by the person or agency performing the test. Consent may be 1,847
given orally or in writing after the person or agency performing 1,848
or ordering the test has given the individual to be tested or his 1,849
THE INDIVIDUAL'S guardian the following information: 1,850
(1) An oral or written explanation of the test and testing 1,852
procedures, including the purposes and limitations of the test 1,853
and the meaning of its results; 1,854
(2) An oral or written explanation that the test is 1,856
voluntary, that consent to be tested may be withdrawn, if the 1,857
test is performed on an outpatient basis, at any time before the 1,858
individual tested leaves the premises where blood is taken for 1,859
the test, or, if the test is performed on an inpatient basis, 1,860
within one hour after the blood is taken for the test, and that 1,861
the individual or guardian may elect to have an anonymous test; 1,862
(3) An oral or written explanation about behaviors known 1,864
to pose risks for transmission of HIV infection. 1,865
The public health council shall adopt rules, pursuant to 1,867
recommendations of the director of health and in accordance with 1,868
Chapter 119. of the Revised Code, specifying the information 1,869
required by this section to be given to an individual before he 1,870
is BEING given an HIV test. The rules shall contain 1,871
specifications for an informed consent form that includes the 1,873
required information. The director of health shall prepare and 1,874
distribute the form. A person or government agency required by 1,875
division (A) of this section to give information to an individual 1,876
may satisfy the requirement by obtaining the signature of the 1,877
individual on the form prepared by the director. 1,878
(B) A minor may consent to be given an HIV test. The 1,880
consent is not subject to disaffirmance because of minority. The 1,881
parents or guardian of a minor giving consent under this division 1,882
44
are not liable for payment for an HIV test given to the minor 1,883
without the consent of a parent or the guardian. 1,884
(C) The person or government agency ordering an HIV test 1,886
shall provide counseling for the individual who was tested at the 1,887
time he THE INDIVIDUAL is told the result of the test or informed 1,889
of a diagnosis of AIDS or of an AIDS-related condition. If the 1,890
test was performed on the order of the individual tested, the 1,891
person or government agency that performed the test shall provide 1,892
counseling. The individual shall be given an oral or written 1,893
explanation of the nature of AIDS and AIDS-related conditions and 1,895
the relationship between the HIV test and those diseases and a 1,896
list of resources for further counseling or support. When 1,897
necessary, the individual shall be referred for further 1,898
counseling to help him THE INDIVIDUAL cope with the emotional 1,899
consequences of learning the test result. 1,901
(D) Any individual seeking an HIV test shall have the 1,903
right, on his request, to an anonymous test. A health care 1,905
facility or health care provider that does not provide anonymous 1,906
testing shall refer an individual requesting an anonymous test to 1,907
a site where it is available. 1,908
(E) Divisions (A) to (D) of this section do not apply to 1,910
the performance of an HIV test in any of the following 1,911
circumstances: 1,912
(1) When the test is performed in a medical emergency by a 1,914
nurse or physician and the test results are medically necessary 1,915
to avoid or minimize an immediate danger to the health or safety 1,916
of the individual to be tested or another individual, except that 1,917
counseling shall be given to the individual as soon as possible 1,918
after the emergency is over; 1,919
(2) When the test is performed for the purpose of research 1,921
if the researcher does not know and cannot determine the identity 1,922
of the individual tested; 1,923
(3) When the test is performed by a person who procures, 1,925
processes, distributes, or uses a human body part from a deceased 1,926
45
person donated for a purpose specified in Chapter 2108. of the 1,927
Revised Code, if the test is medically necessary to ensure that 1,928
the body part is acceptable for its intended purpose; 1,929
(4) When the test is performed on a person incarcerated in 1,931
a correctional institution under the control of the department of 1,932
rehabilitation and correction if the head of the institution has 1,933
determined, based on good cause, that a test is necessary; 1,934
(5) When the test is performed by or on the order of a 1,936
physician who, in the exercise of his THE PHYSICIAN'S 1,937
professional judgment, determines the test to be necessary for 1,939
providing diagnosis and treatment to the individual to be tested, 1,940
if the individual or his THE INDIVIDUAL'S parent or guardian has 1,941
given consent to the physician for medical treatment; 1,943
(6) When the test is performed on an individual after the 1,945
infection control committee of a health care facility, or other 1,946
body of a health care facility performing a similar function 1,947
determines that a health care provider, emergency medical 1,948
services worker, or peace officer, while rendering health or 1,949
emergency care to an individual, has sustained a significant 1,950
exposure to the body fluids of that individual, and the 1,951
individual has refused to give consent for testing. 1,952
(F) If the requirements of division (A) of this section 1,954
have been met, consent to be tested given under that division 1,955
shall be presumed to be valid and effective, and no evidence is 1,956
admissible in a civil action to impeach, modify, or limit the 1,957
consent. 1,958
(G)(1) The consent of the individual to be tested is not 1,960
required, and the individual or guardian may not elect to have an 1,961
anonymous test, when the test is ordered by a court in connection 1,962
with a criminal investigation. 1,963
(2) THE CONSENT OF THE INDIVIDUAL TO BE TESTED IS NOT 1,965
REQUIRED, AND THE INDIVIDUAL MAY NOT ELECT TO HAVE AN ANONYMOUS 1,966
TEST, WHEN THE TEST IS ORDERED AS PART OF A PHYSICAL EXAMINATION 1,967
REQUIRED BY THE STATE MEDICAL BOARD TO BE PERFORMED UNDER 1,968
46
DIVISION (F)(1) OF SECTION 4730.25 OF THE REVISED CODE OR 1,970
DIVISION (B)(19) OF SECTION 4731.22 OF THE REVISED CODE. 1,971
Sec. 3701.243. (A) Except as provided in this section or 1,980
section 3701.248 of the Revised Code, no person or agency of 1,981
state or local government that acquires the information while 1,982
providing any health care service or while in the employ of a 1,983
health care facility or health care provider shall disclose or 1,984
compel another to disclose any of the following: 1,985
(1) The identity of any individual on whom an HIV test is 1,987
performed; 1,988
(2) The results of an HIV test in a form that identifies 1,990
the individual tested; 1,991
(3) The identity of any individual diagnosed as having 1,993
AIDS or an AIDS-related condition. 1,994
(B)(1) Except as provided in divisions (B)(2), (C), (D), 1,996
and (F) of this section, the results of an HIV test or the 1,997
identity of an individual on whom an HIV test is performed or who 1,998
is diagnosed as having AIDS or an AIDS-related condition may be 2,000
disclosed only to the following: 2,001
(a) The individual who was tested or the individual's 2,003
legal guardian, and his THE INDIVIDUAL'S spouse or any sexual 2,004
partner; 2,005
(b) A person to whom disclosure is authorized by a written 2,007
release, executed by the individual tested or by his THE 2,008
INDIVIDUAL'S legal guardian and specifying to whom disclosure of 2,009
the test results or diagnosis is authorized and the time period 2,011
during which the release is to be effective; 2,012
(c) The individual's physician; 2,014
(d) The department of health or a health commissioner to 2,016
which reports are made under section 3701.24 of the Revised Code; 2,017
(e) A health care facility or provider that procures, 2,019
processes, distributes, or uses a human body part from a deceased 2,020
individual, donated for a purpose specified in Chapter 2108. of 2,021
the Revised Code, and that needs medical information about the 2,022
47
deceased individual to ensure that the body part is medically 2,023
acceptable for its intended purpose; 2,024
(f) Health care facility staff committees or accreditation 2,026
or oversight review organizations conducting program monitoring, 2,027
program evaluation, or service reviews; 2,028
(g) A health care provider, emergency medical services 2,030
worker, or peace officer who sustained a significant exposure to 2,031
the body fluids of another individual, if that individual was 2,032
tested pursuant to division (E)(6) of section 3701.242 of the 2,033
Revised Code, except that the identity of the individual tested 2,034
shall not be revealed; 2,035
(h) To law enforcement authorities pursuant to a search 2,037
warrant or a subpoena issued by or at the request of a grand 2,038
jury, a prosecuting attorney, city director of law or similar 2,039
chief legal officer of a municipal corporation, or village 2,040
solicitor, in connection with a criminal investigation or 2,041
prosecution; 2,042
(i) TO THE STATE MEDICAL BOARD, WHEN THE TEST IS PERFORMED 2,045
OR DIAGNOSIS IS MADE AS A RESULT OF A PHYSICAL EXAMINATION 2,046
REQUIRED BY THE BOARD TO BE PERFORMED UNDER DIVISION (F)(1) OF 2,047
SECTION 4730.25 OF THE REVISED CODE OR DIVISION (B)(19) OF 2,048
SECTION 4731.22 OF THE REVISED CODE. 2,049
(2) The results of an HIV test or a diagnosis of AIDS or 2,051
an AIDS-related condition may be disclosed to a health care 2,052
provider, or an authorized agent or employee of a health care 2,053
facility or a health care provider, if the provider, agent, or 2,054
employee has a medical need to know the information and is 2,055
participating in the diagnosis, care, or treatment of the 2,056
individual on whom the test was performed or who has been 2,057
diagnosed as having AIDS or an AIDS-related condition. 2,058
This division does not impose a standard of disclosure 2,060
different from the standard for disclosure of all other specific 2,061
information about a patient to health care providers and 2,062
facilities. Disclosure may not be requested or made solely for 2,063
48
the purpose of identifying an individual who has a positive HIV 2,064
test result or has been diagnosed as having AIDS or an 2,066
AIDS-related condition in order to refuse to treat the
individual. Referral of an individual to another health care 2,067
provider or facility based on reasonable professional judgment 2,068
does not constitute refusal to treat the individual. 2,069
(3) Not later than ninety days after November 1, 1989, 2,071
each health care facility in this state shall establish a 2,072
protocol to be followed by employees and individuals affiliated 2,073
with the facility in making disclosures authorized by division 2,074
(B)(2) of this section. A person employed by or affiliated with 2,075
a health care facility who determines in accordance with the 2,076
protocol established by the facility that a disclosure is 2,077
authorized by division (B)(2) of this section is immune from 2,078
liability to any person in a civil action for damages for injury, 2,079
death, or loss to person or property resulting from the 2,080
disclosure. 2,081
(C)(1) Any person or government agency may seek access to 2,083
or authority to disclose the HIV test records of an individual in 2,084
accordance with the following provisions: 2,085
(a) The person or government agency shall bring an action 2,087
in a court of common pleas requesting disclosure of or authority 2,088
to disclose the results of an HIV test of a specific individual, 2,089
who shall be identified in the complaint by a pseudonym but whose 2,090
name shall be communicated to the court confidentially, pursuant 2,091
to a court order restricting the use of the name. The court 2,092
shall provide the individual with notice and an opportunity to 2,093
participate in the proceedings if he THE INDIVIDUAL is not named 2,095
as a party. Proceedings shall be conducted in chambers unless the 2,096
individual agrees to a hearing in open court. 2,097
(b) The court may issue an order granting the plaintiff 2,099
access to or authority to disclose the test results only if the 2,100
court finds by clear and convincing evidence that the plaintiff 2,101
has demonstrated a compelling need for disclosure of the 2,102
49
information that cannot be accommodated by other means. In 2,103
assessing compelling need, the court shall weigh the need for 2,104
disclosure against the privacy right of the individual tested and 2,105
against any disservice to the public interest that might result 2,106
from the disclosure, such as discrimination against the 2,107
individual or the deterrence of others from being tested. 2,108
(c) If the court issues an order, it shall guard against 2,110
unauthorized disclosure by specifying the persons who may have 2,111
access to the information, the purposes for which the information 2,112
shall be used, and prohibitions against future disclosure. 2,113
(2) A person or government agency that considers it 2,115
necessary to disclose the results of an HIV test of a specific 2,116
individual in an action in which it is a party may seek authority 2,117
for the disclosure by filing an in camera motion with the court 2,118
in which the action is being heard. In hearing the motion, the 2,119
court shall employ procedures for confidentiality similar to 2,120
those specified in division (C)(1) of this section. The court 2,121
shall grant the motion only if it finds by clear and convincing 2,122
evidence that a compelling need for the disclosure has been 2,123
demonstrated. 2,124
(3) Except for an order issued in a criminal prosecution 2,126
or an order under division (C)(1) or (2) of this section granting 2,127
disclosure of the result of an HIV test of a specific individual, 2,128
a court shall not compel a blood bank, hospital blood center, or 2,129
blood collection facility to disclose the result of HIV tests 2,130
performed on the blood of voluntary donors in a way that reveals 2,131
the identity of any donor. 2,132
(4) In a civil action in which the plaintiff seeks to 2,134
recover damages from an individual defendant based on an 2,135
allegation that the plaintiff contracted the HIV virus as a 2,136
result of actions of the defendant, the prohibitions against 2,137
disclosure in this section do not bar discovery of the results of 2,138
any HIV test given to the defendant or any diagnosis that the 2,139
defendant suffers from AIDS or an AIDS-related condition. 2,140
50
(D) The results of an HIV test or the identity of an 2,142
individual on whom an HIV test is performed or who is diagnosed 2,143
as having AIDS or an AIDS-related condition may be disclosed to a 2,145
federal, state, or local government agency, or the official
representative of such an agency, for purposes of the medical 2,146
assistance program established under section 5111.01 of the 2,147
Revised Code, the medicare program established under Title XVIII 2,148
of the "Social Security Act," 49 Stat. 620 (1935) 42 U.S.C.A. 2,149
301, as amended, or any other public assistance program. 2,150
(E) Any disclosure pursuant to this section shall be in 2,152
writing and accompanied by a written statement that includes the 2,153
following or substantially similar language: "This information 2,154
has been disclosed to you from confidential records protected 2,155
from disclosure by state law. You shall make no further 2,156
disclosure of this information without the specific, written, and 2,157
informed release of the individual to whom it pertains, or as 2,158
otherwise permitted by state law. A general authorization for 2,159
the release of medical or other information is not sufficient for 2,160
the purpose of the release of HIV test results or diagnoses." 2,161
(F) An IF AN individual who knows that he has received a 2,163
positive result on an HIV test or has been diagnosed as having 2,165
AIDS or an AIDS-related condition, AND THE INDIVIDUAL KNOWS THIS 2,167
INFORMATION, THE INDIVIDUAL shall disclose this THE information 2,168
to any other person with whom he THE INDIVIDUAL intends to make 2,170
common use of a hypodermic needle or engage in sexual conduct as 2,171
defined in section 2907.01 of the Revised Code. 2,172
(G) Nothing in this section prohibits the introduction of 2,174
evidence concerning and AN HIV test of a specific individual in a 2,176
criminal proceeding. 2,177
Sec. 3719.121. (A) Except as otherwise provided in 2,186
section 4723.28, 4730.25, or 4731.22 of the Revised Code, the 2,188
license, certificate, or registration of any practitioner, nurse, 2,190
physician assistant, pharmacist, manufacturer, or wholesaler, who 2,191
is or becomes addicted to the use of controlled substances, shall 2,192
51
be suspended by the board that authorized the person's license, 2,193
certificate, or registration until the person offers satisfactory 2,195
proof to the board that the person no longer is addicted to the 2,196
use of controlled substances. 2,197
(B) If the board under which a person has been issued a 2,200
license, certificate, or evidence of registration determines that 2,202
there is clear and convincing evidence that continuation of the 2,203
person's professional practice or method of distributing 2,204
controlled substances presents a danger of immediate and serious 2,205
harm to others, the board may suspend the person's license, 2,206
certificate, or registration without a hearing. Except as 2,208
otherwise provided in sections 4715.30, 4723.281, 4730.25, and 2,209
4731.22 of the Revised Code, the board shall follow the procedure 2,210
for suspension without a prior hearing in section 119.07 of the 2,213
Revised Code. The suspension shall remain in effect, unless 2,214
removed by the board, until the board's final adjudication order 2,215
becomes effective, except that if the board does not issue its 2,216
final adjudication order within ninety days after the hearing, 2,217
the suspension shall be void on the ninety-first day after the 2,218
hearing.
(C) On receiving notification pursuant to section 2929.24 2,220
or 3719.12 of the Revised Code, the board under which a person 2,221
has been issued a license, certificate, or evidence of 2,222
registration immediately shall suspend the license, certificate, 2,224
or registration of that person on a plea of guilty to, a finding 2,227
by a jury or court of the person's guilt of, or conviction of a
felony drug abuse offense; a finding by a court of the person's 2,229
eligibility for treatment in lieu of conviction; a plea of guilty 2,231
to, or a finding by a jury or court of the person's guilt of, or 2,232
the person's conviction of an offense in another jurisdiction 2,233
that is essentially the same as a felony drug abuse offense; or a 2,234
finding by a court of the person's eligibility for treatment in 2,235
lieu of conviction in another jurisdiction. The board shall 2,236
notify the holder of the license, certificate, or registration of 2,237
52
the suspension, which shall remain in effect until the board 2,239
holds an adjudicatory hearing ADJUDICATION under Chapter 119. of 2,240
the Revised Code.
Sec. 4713.01. As used in sections 4713.01 to 4713.21 of 2,249
the Revised Code: 2,250
(A) The practice of cosmetology includes work done for 2,252
pay, free, or otherwise, by any person, which work is usually 2,253
performed by hairdressers, cosmetologists, cosmeticians, or 2,254
beauty culturists, however denominated, in beauty salons; which 2,255
work is for the embellishment, cleanliness, and beautification of 2,256
hair, wigs, and postiches, such as arranging, dressing, pressing, 2,257
curling, waving, permanent waving, cleansing, cutting, singeing, 2,258
bleaching, coloring, weaving, or similar work, and the massaging, 2,259
cleansing, stimulating, manipulating, exercising, or similar work 2,260
by the use of manual massage techniques or mechanical or 2,261
electrically operated apparatus or appliances, or cosmetics, 2,262
preparations, tonics, antiseptics, creams, or lotions, and of 2,263
manicuring the nails or application of artificial nails, which 2,264
enumerated practices shall be inclusive of the practice of 2,265
cosmetology, but not in limitation thereof. Sections 4713.01 to 2,266
4713.21 of the Revised Code do not permit any of the services or 2,267
arts described in this division to be used for the treatment or 2,268
cure of any physical or mental diseases or ailments. 2,269
The retail sale or the trial demonstration by application 2,271
to the skin for purposes of retail sale of cosmetics, 2,272
preparations, tonics, antiseptics, creams, lotions, wigs, and 2,273
postiches shall not be considered the practice of cosmetology. 2,274
(B) "Cosmetologist," "cosmetician," "beauty culturist," 2,276
or "hairdresser," means any person who, for pay, free, or 2,277
otherwise, engages in the practice of cosmetology. 2,278
(C) "Manicurist" means any person who, for pay, free, or 2,280
otherwise, engages only in the occupation of manicuring the nails 2,281
of any person or the application of artificial or sculptured 2,282
nails, or both. 2,283
53
(D) "The practice of esthetics" includes work done for 2,285
pay, free, or otherwise, by any person, which work is the 2,286
application of cosmetics, tonics, antiseptics, creams, lotions, 2,287
or other preparations for the purpose of skin beautification and 2,288
includes preparation of the skin by manual massage techniques or 2,289
by use of electrical, mechanical, or other apparatus. 2,290
(E) "Esthetician" means any person who, for pay, free, or 2,292
otherwise, engages only in the practice of esthetics. 2,293
(F) "Beauty salon" means any premises, building, or part 2,295
of a building, in which any branch of cosmetology, except the 2,296
occupation of a manicurist when carried on in a barber shop 2,297
licensed under Chapter 4709. of the Revised Code, or the 2,298
occupation of a cosmetologist is practiced. 2,299
(G) "Student" means any person who is engaged in learning 2,301
or acquiring knowledge of the occupation of a cosmetologist, 2,302
manicurist, or esthetician in a school of cosmetology. 2,303
(H) "School of cosmetology" means any premises, building, 2,305
or part of a building in which students are instructed in the 2,306
theories and practices of cosmetology, manicuring, and esthetics. 2,307
(I) "Managing cosmetologist" means any person who has met 2,309
the requirements of division (D) of section 4713.04 of the 2,310
Revised Code, and has applied for and received a managing 2,311
cosmetologist license. 2,312
(J) "Cosmetology instructor" means any person who has met 2,314
the requirements of division (E) of section 4713.04 of the 2,315
Revised Code, and has applied for and received an instructor's 2,316
license. 2,317
(K) "Apprentice instructor" means any licensee of the 2,319
state board of cosmetology who is engaged in learning or 2,320
acquiring knowledge of the occupation of an instructor, in any 2,321
branch of cosmetology in a duly licensed school of cosmetology. 2,323
(L) "Cosmetic therapy" and "cosmetic therapist" have HAS 2,325
the same meanings MEANING as in section 4731.15 of the Revised 2,326
Code.
54
(M) "Nail salon" means any premises, building, or part of 2,328
a building in which manicurists engage only in the occupation of 2,329
manicuring the nails of any person or the application of 2,330
artificial or sculptured nails, or both. For administrative 2,331
purposes, a nail salon is deemed the equivalent of a beauty salon 2,332
and is subject to appropriate rules with respect to sanitation 2,333
and sterilization. A licensed manicurist may practice the 2,334
occupation of manicuring nails in a nail salon, in a beauty 2,335
salon, or in a barber shop. 2,336
(N) "Esthetics salon" means any premises, building, or 2,338
part of a building in which esthetics is performed by a person 2,339
licensed as a cosmetologist or esthetician. For administrative 2,340
purposes, an esthetics salon is deemed the equivalent of a beauty 2,341
salon and is subject to the appropriate rules with respect to 2,342
sanitation and sterilization. 2,343
(O) "Managing manicurist" means any person who has met the 2,345
requirements of division (H) of section 4713.04 of the Revised 2,346
Code, and has applied for and received a managing manicurist 2,347
license. 2,348
(P) "Manicurist instructor" means any person who meets the 2,350
requirements of division (L) of section 4713.04 of the Revised 2,351
Code and who has applied for and received a manicurist instructor 2,352
license. 2,353
(Q) "Managing esthetician" means any person who has met 2,355
the requirements of division (J) of section 4713.04 of the 2,356
Revised Code, and has applied for and received a managing 2,357
esthetician's license. 2,358
(R) "Esthetics instructor" means any person who meets the 2,360
requirements of division (K) of section 4713.04 of the Revised 2,361
Code and who has applied for and received an esthetics instructor 2,362
license. 2,363
(S) "Glamour photography" means the combination of a 2,365
photographic service or product with the delivery of a 2,366
cosmetology service advertised or sold to the public. 2,367
55
Sec. 4713.12. Sections 4713.01 to 4713.21 of the Revised 2,376
Code do not prohibit service in cases of emergency or domestic 2,377
administration, without compensation. The following persons 2,378
shall be exempt from the provisions of such sections: 2,379
(A) All persons authorized to practice medicine, surgery, 2,381
dentistry, and nursing or any of its branches in this state; 2,382
(B) Commissioned surgical and medical officers of the 2,384
United States army, navy, or marine hospital service when engaged 2,385
in the actual performance of their official duties, and 2,386
attendants attached to same; 2,387
(C) Barbers, insofar as their usual and ordinary vocation 2,389
and profession is concerned; 2,390
(D) Funeral directors, embalmers, and apprentices licensed 2,392
or registered under Chapter 4717. of the Revised Code; 2,393
(E) Persons who are engaged in the retail sale, cleaning, 2,395
or beautification of wigs and postiches but who do not engage in 2,396
any other act constituting the practice of cosmetology; 2,397
(F) Volunteers of hospitals, and homes as defined in 2,399
section 3721.01 of the Revised Code, who render service to 2,400
registered patients and inpatients who reside in such hospitals 2,401
or homes. Such volunteers shall not use or work with any 2,402
chemical products such as permanent wave, hair dye, or chemical 2,403
hair relaxer, which without proper training would pose a health 2,404
or safety problem to the patient. 2,405
(G) Nurses aides and other employees of hospitals and 2,407
homes as defined in section 3721.01 of the Revised Code, who 2,408
render cosmetology services to registered patients only as part 2,409
of general patient care services and who do not charge patients 2,410
directly on a fee for service basis; 2,411
(H) Cosmetic therapists who HOLD VALID, CURRENT 2,413
CERTIFICATES TO practice cosmetic therapy in premises approved 2,414
ISSUED by the state medical board under Chapter 4731. SECTION 2,415
4731.15 of the Revised Code; 2,416
(I) Photographers engaged in delivering a glamour 2,418
56
photography service in a licensed salon, so long as the person 2,419
advertising and operating the glamour photography service is 2,420
properly licensed under this chapter by the state board of 2,421
cosmetology.
Sec. 4713.14. (A) Beauty salons shall be in charge of and 2,430
under the immediate supervision of a licensed managing 2,431
cosmetologist and esthetics salons shall be in charge of and 2,432
under the immediate supervision of a licensed managing 2,433
cosmetologist or a licensed managing esthetician. Beauty salons 2,434
and esthetics salons shall be equipped to provide potable running 2,435
hot and cold water and proper drainage, to sanitize all 2,436
instruments and supplies used therein in the practice of 2,437
cosmetology and any of its branches, and to sterilize all 2,438
instruments and supplies used therein by cosmetic therapists 2,439
licensed AUTHORIZED TO PRACTICE under section 4731.15 of the 2,440
Revised Code. Except as provided in division (C) of this 2,442
section, rooms licensed as beauty salons or esthetics salons 2,443
shall be used only for the practice of services regulated and 2,444
licensed under this chapter and section 4731.15 of the Revised 2,445
Code, be kept in a clean and sanitary condition, and be properly 2,446
ventilated. Nothing in this section shall be construed to forbid 2,447
the retailing of cosmetics, preparations, tonics, antiseptics, 2,448
creams, lotions, wigs, postiches, and other items related to the 2,449
practice of cosmetology, including clothing, or forbid the 2,450
provision of glamour photography, in a beauty salon or esthetics 2,451
salon. No food shall be sold in rooms used as beauty salons or 2,452
esthetics salons. 2,453
(B) Nail salons shall be in charge of and under the 2,455
immediate supervision of a licensed managing manicurist or a 2,456
licensed managing cosmetologist. Nail salons shall be equipped 2,457
to provide potable running hot and cold water and proper 2,458
drainage, and to sanitize all instruments and supplies used 2,459
therein in the manicuring of nails or in the practice of massage. 2,460
Rooms licensed as nail salons shall be used only for the practice 2,461
57
of services regulated and licensed under this chapter, and must 2,462
be kept in a clean and sanitary condition and be properly 2,463
ventilated. Nothing in this section shall be construed to forbid 2,464
the retailing of cosmetics, creams, lotions, and other items 2,465
related to the manicuring of nails, including clothing, in a nail 2,466
salon. No food shall be sold in rooms used as nail salons. 2,467
(C) Where the owner or operator of a beauty salon, nail 2,469
salon, or a school of cosmetology has a permit issued under 2,470
section 4713.25 of the Revised Code, tanning facilities may be 2,471
operated in beauty salons, nail salons, and schools of 2,472
cosmetology in accordance with rules that the state board of 2,473
cosmetology may adopt pertaining to the operation of tanning 2,474
facilities in beauty salons, nail salons, and schools. 2,475
(D) The owner or operator of a beauty salon or nail salon 2,477
may provide massage services at the salon if the services are 2,478
provided in accordance with any rules adopted under section 2,479
4713.02 of the Revised Code and the person giving the service 2,480
holds a current, valid certificate issued under section 4731.15 2,481
of the Revised Code. Any room used to provide massage services 2,482
in a salon shall be used for only that purpose and is subject to 2,483
the requirements relating to cleanliness and ventilation 2,484
established in division (A) of this section. 2,485
Sec. 4730.12. (A) A person seeking to renew a certificate 2,494
of registration as a physician assistant shall, on or before the 2,495
thirty-first day of January of each even-numbered year, apply for 2,496
renewal of the certificate. The state medical board shall send 2,497
renewal notices at least one month prior to the expiration date. 2,499
Applications shall be submitted to the board on forms the 2,501
board shall prescribe and furnish. Each application shall be 2,502
accompanied by a biennial renewal fee of fifty dollars. The 2,503
board shall deposit the fees in accordance with section 4731.24 2,504
of the Revised Code.
The applicant shall report any criminal offense that 2,506
constitutes grounds for refusing to issue a certificate of 2,508
58
registration under section 4730.25 of the Revised Code TO WHICH 2,509
THE APPLICANT HAS PLEADED GUILTY, of which the applicant has been 2,511
found guilty, or to which the applicant has entered a plea of 2,513
guilty or no contest FOR WHICH THE APPLICANT HAS BEEN FOUND 2,514
ELIGIBLE FOR TREATMENT IN LIEU OF CONVICTION, since last 2,515
receiving SIGNING AN APPLICATION FOR a certificate of 2,517
registration as a physician assistant. 2,518
(B) To be eligible for renewal, a physician assistant must 2,521
certify to the board both of the following:
(1) That the physician assistant has maintained 2,523
certification by the national commission on certification of 2,524
physician assistants by meeting the commission's standards to 2,525
hold current certification, including completion of continuing 2,526
medical education requirements and passing periodic
recertification examinations; 2,527
(2) Except as provided in divisions (D) of this section, 2,530
that the physician assistant has completed during the current 2,532
registration period not less than one hundred hours of continuing 2,533
medical education acceptable to the board. The board shall adopt
rules in accordance with Chapter 119. of the Revised Code 2,535
specifying the types of continuing medical education that must be 2,536
completed to fulfill the board's requirements. The board shall 2,537
not adopt rules that require a physician assistant to complete in 2,539
any registration period more than one hundred hours of continuing 2,540
medical education acceptable to the board. In fulfilling the 2,541
board's requirements, a physician assistant may use continuing 2,542
medical education courses or programs completed to maintain
certification by the national commission on certification of 2,543
physician assistants if the commission's standards for acceptable 2,544
courses and programs are at least equivalent to the standards 2,545
established by the board.
(C) If an applicant submits a complete renewal application 2,547
and qualifies for renewal pursuant to division (B) of this 2,549
section, the board shall issue to the applicant a renewed 2,550
59
certificate of registration as a physician assistant. The board 2,551
may require a random sample of physician assistants to submit 2,552
materials documenting certification by the national commission on 2,553
certification of physician assistants and completion of the 2,554
required number of hours of continuing medical education. 2,555
(D) The board shall provide for pro rata reductions by 2,558
month of the number of hours of continuing education that must be 2,559
completed for individuals who are in their first registration 2,560
period, who have been disabled due to illness or accident, or who 2,561
have been absent from the country. The board shall adopt rules, 2,562
in accordance with Chapter 119. of the Revised Code, as necessary 2,564
to implement this division.
(E) A certificate of registration that is not renewed on 2,566
or before its expiration date IS automatically lapses SUSPENDED 2,568
on that ITS EXPIRATION date. The state medical board, in its 2,570
discretion, may SHALL reinstate a lapsed certificate SUSPENDED 2,571
FOR FAILURE TO RENEW upon the payment AN APPLICANT'S SUBMISSION 2,572
of all delinquent THE BIENNIAL renewal fees, a FEE, THE 2,574
APPLICABLE MONETARY penalty of twenty-five dollars, and
successful completion of CERTIFICATION THAT the number of hours 2,576
of continuing education necessary to have a lapsed certificate
reinstated HAVE BEEN COMPLETED, as specified in rules the board 2,578
shall adopt in accordance with Chapter 119. of the Revised Code. 2,579
THE PENALTY FOR REINSTATEMENT SHALL BE TWENTY-FIVE DOLLARS IF THE 2,581
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY 2,582
DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO 2,583
YEARS. THE BOARD SHALL DEPOSIT PENALTIES IN ACCORDANCE WITH
SECTION 4731.24 OF THE REVISED CODE. 2,584
(F) IF AN INDIVIDUAL CERTIFIES THAT THE INDIVIDUAL HAS 2,587
COMPLETED THE NUMBER OF HOURS AND TYPE OF CONTINUING MEDICAL
EDUCATION REQUIRED FOR RENEWAL OR REINSTATEMENT OF A CERTIFICATE 2,588
OF REGISTRATION AS A PHYSICIAN ASSISTANT, AND THE BOARD FINDS 2,589
THROUGH A RANDOM SAMPLE CONDUCTED UNDER DIVISION (C) OF THIS 2,591
SECTION OR THROUGH ANY OTHER MEANS THAT THE INDIVIDUAL DID NOT 2,592
60
COMPLETE THE REQUISITE CONTINUING MEDICAL EDUCATION, THE BOARD 2,593
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND
DOLLARS. THE BOARD'S FINDING SHALL BE MADE PURSUANT TO AN 2,594
ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE AND BY AN 2,596
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS. 2,597
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN 2,599
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE 2,600
UNDER SECTION 4730.25 OF THE REVISED CODE. THE BOARD SHALL 2,602
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE 2,603
REVISED CODE.
Sec. 4730.25. (A) The state medical board, pursuant to an 2,612
adjudication under Chapter 119. of the Revised Code and by a AN 2,614
AFFIRMATIVE vote of not fewer than six members, may revoke or may 2,615
refuse to grant a certificate of registration as a physician 2,616
assistant to a person found by the board to have committed fraud, 2,617
misrepresentation, or deception in applying for or securing the 2,618
certificate. 2,619
(B) The board, pursuant to an adjudication under Chapter 2,622
119. of the Revised Code and by a AN AFFIRMATIVE vote of not 2,623
fewer than six members, shall, to the extent permitted by law, 2,624
limit, revoke, or suspend a AN INDIVIDUAL'S certificate of 2,625
registration as a physician assistant, refuse to issue a 2,626
certificate to an applicant, refuse to reinstate a certificate, 2,627
or reprimand or place on probation the holder of a certificate 2,628
for any of the following reasons: 2,629
(1) Failure to practice in accordance with the conditions 2,632
under which the supervising physician's supervision agreement 2,633
with the physician assistant was approved, including the 2,634
requirement that when practicing under a particular supervising 2,635
physician, the physician assistant must practice only according 2,636
to the standard or supplemental utilization plan the board 2,637
approved for that physician;
(2) Failure to comply with the requirements of this 2,639
chapter, Chapter 4731. of the Revised Code, or any rules adopted 2,640
61
by the board; 2,641
(3) Violating or attempting to violate, directly or 2,643
indirectly, or assisting in or abetting the violation of, or 2,644
conspiring to violate, any provision of this chapter, Chapter 2,646
4731. of the Revised Code, or the rules adopted by the board; 2,647
(4) Inability to practice according to acceptable and 2,650
prevailing standards of care by reason of mental illness or 2,651
physical illness, including physical deterioration that adversely 2,652
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to 2,654
acceptable and prevailing standards of care because of habitual 2,655
or excessive use or abuse of drugs, alcohol, or other substances 2,656
that impair ability to practice; 2,657
(6) Administering drugs for purposes other than those 2,659
authorized under this chapter; 2,660
(7) Willfully betraying a professional confidence; 2,662
(8) Soliciting patients or publishing MAKING a false, 2,664
fraudulent, deceptive, or misleading statement. As IN SOLICITING 2,666
OR ADVERTISING FOR PATIENTS, IN RELATION TO THE PRACTICE OF 2,668
MEDICINE AS IT PERTAINS TO PHYSICIAN ASSISTANTS, OR IN SECURING 2,669
OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO PRACTICE 2,670
AS A PHYSICIAN ASSISTANT OR APPROVAL OF A SUPERVISION AGREEMENT. 2,671
AS used in this division, "false, fraudulent, deceptive, or 2,674
misleading statement" means a statement that includes a 2,675
misrepresentation of fact, is likely to mislead or deceive 2,676
because of a failure to disclose material facts, is intended or 2,677
is likely to create false or unjustified expectations of 2,678
favorable results, or includes representations or implications 2,679
that in reasonable probability will cause an ordinarily prudent 2,680
person to misunderstand or be deceived.
(9) Representing, with the purpose of obtaining 2,682
compensation or other advantage personally or for any other 2,683
person, that an incurable disease or injury, or other incurable 2,684
condition, can be permanently cured; 2,685
62
(10) The obtaining of, or attempting to obtain, money or 2,687
anything of value by fraudulent misrepresentations in the course 2,688
of practice; 2,689
(11) A plea of guilty to, or a judicial finding of guilt 2,692
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,693
CONVICTION FOR, a felony;
(12) Commission of an act that constitutes a felony in 2,695
this state, regardless of the jurisdiction in which the act was 2,696
committed; 2,697
(13) A plea of guilty to, or a judicial finding of guilt 2,700
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,701
CONVICTION FOR, a misdemeanor committed in the course of
practice; 2,702
(14) A plea of guilty to, or a judicial finding of guilt 2,705
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,706
CONVICTION FOR, a misdemeanor involving moral turpitude; 2,707
(15) Commission of an act IN THE COURSE OF PRACTICE that 2,709
constitutes a misdemeanor in this state, regardless of the 2,711
jurisdiction in which the act was committed, if the act was 2,712
committed in the course of practice;
(16) Commission of an act INVOLVING MORAL TURPITUDE that 2,714
constitutes a misdemeanor in this state, regardless of the 2,715
jurisdiction in which the act was committed, if the act involves 2,716
moral turpitude;
(17) Trafficking in drugs, or a A plea of guilty to or, a 2,719
judicial finding of guilt of, OR A JUDICIAL FINDING OF 2,720
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR violating any 2,721
state or federal law regulating the possession, distribution, or 2,722
use of any drug, INCLUDING TRAFFICKING IN DRUGS; 2,723
(18) The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 2,726
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF PHYSICIAN
ASSISTANTS IN ANOTHER STATE, FOR ANY REASON OTHER THAN THE 2,727
NONPAYMENT OF FEES: THE limitation, revocation, or suspension by 2,728
another state of a AN INDIVIDUAL'S license, certificate, or 2,731
63
registration to practice issued by the proper licensing authority 2,732
of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE 2,733
SURRENDER; DENIAL OF A LICENSE; refusal to license, certify, 2,734
register, RENEW or reinstate an applicant by that authority, the 2,735
A LICENSE; imposition of probation by that authority,; or the 2,736
issuance of an order of censure or other reprimand by that 2,737
authority for any reason, other than nonpayment of fees; 2,738
(19) A departure from, or failure to conform to, minimal 2,741
standards of care of similar physician assistants under the same 2,742
or similar circumstances, regardless of whether actual injury to 2,743
a patient is established;
(20) Violation of the conditions placed by the board on a 2,746
certificate of registration, physician assistant utilization 2,747
plan, or supervision agreement;
(21) Violation of the conditions on which a temporary 2,750
certificate of registration is issued;
(22) Failure to use universal blood and body fluid 2,752
precautions established by rules adopted under section 4731.051 2,753
of the Revised Code; 2,754
(23) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 2,756
THE BOARD UNDER SECTION 4730.26 OF THE REVISED CODE, INCLUDING 2,758
FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR 2,759
FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT 2,760
A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE 2,761
TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS 2,762
FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 2,763
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 2,764
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 2,765
IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 2,767
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 2,769
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 2,770
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 2,771
CONSENT AGREEMENT WITH A PHYSICIAN ASSISTANT OR APPLICANT TO 2,772
64
RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE 2,773
ADOPTED UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN 2,774
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, 2,775
SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT 2,777
TO THE MATTER ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES 2,778
TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS 2,779
CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR 2,780
EFFECT.
(D) For purposes of divisions (B)(12), (15), and (16) of 2,782
this section, the commission of the act may be established by a 2,783
finding by the board, pursuant to an adjudication under Chapter 2,785
119. of the Revised Code, that the applicant or certificate 2,786
holder committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court 2,787
renders a final judgment in the certificate holder's favor and 2,788
that judgment is based upon an adjudication on the merits. The 2,789
board shall have jurisdiction under these divisions in cases 2,790
where the trial court issues an order of dismissal upon technical 2,791
or procedural grounds. 2,792
(E) The sealing of conviction records by any court shall 2,794
have no effect upon a prior board order entered under the 2,796
provisions of this section or upon the board's jurisdiction to 2,797
take action under the provisions of this section if a notice of 2,798
opportunity for hearing has been issued, based upon conviction, a 2,799
plea of guilty, or a judicial finding of guilt, OR A JUDICIAL 2,801
FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION, THE 2,803
BOARD ISSUED A NOTICE OF OPPORTUNITY FOR HEARING prior to the 2,804
court's order to seal the records. THE BOARD SHALL NOT BE 2,805
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 2,806
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 2,807
(D)(F) For purposes of this division, any individual who 2,810
holds a certificate of registration issued under this chapter, or 2,811
applies for a certificate of registration, shall be deemed to 2,812
have given consent to submit to a mental or physical examination 2,813
65
when directed to do so in writing by the board and to have waived 2,814
all objections to the admissibility of testimony or examination 2,815
reports that constitute a privileged communication. 2,816
(1) In enforcing division (B)(4) of this section, the 2,819
board, upon a showing of a possible violation, may compel any 2,820
individual who holds a certificate of registration issued under 2,821
this chapter or who has applied for a certificate of registration 2,822
pursuant to this chapter to submit to a mental or physical 2,823
examination, or both, as required by and at the expense of the 2,824
board. THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF
THE INDIVIDUAL COMPELLED TO BE EXAMINED. Failure of any 2,825
individual to submit to a mental or physical examination when 2,827
directed constitutes an admission of the allegations against the 2,828
individual unless the failure is due to circumstances beyond the 2,829
individual's control, and a default and final order may be 2,830
entered without the taking of testimony or presentation of
evidence. If the board finds a physician assistant unable to 2,831
practice because of the reasons set forth in this division, the 2,832
board shall require the physician assistant to submit to care, 2,833
counseling, or treatment by physicians approved or designated by 2,834
the board, as a condition for an initial, continued, reinstated, 2,835
or renewed certificate of registration. An individual affected 2,836
under this division shall be afforded an opportunity to 2,837
demonstrate to the board the ability to resume practicing in 2,838
compliance with acceptable and prevailing standards of care. 2,839
(2) For purposes of division (B)(5) of this section, if 2,842
the board has reason to believe that any individual who holds a 2,843
certificate of registration issued under this chapter or any 2,844
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a 2,845
mental or physical examination, or both. The EXPENSE OF THE 2,846
examination shall be at IS the expense RESPONSIBILITY of the 2,848
board INDIVIDUAL COMPELLED TO BE EXAMINED. Any mental or 2,849
physical examination required under this division shall be 2,851
66
undertaken by a treatment provider or physician qualified to 2,852
conduct such examination and chosen by the board. 2,853
Failure of the individual to submit to a mental or physical 2,856
examination ordered by the board constitutes an admission of the 2,857
allegations against the individual unless the failure is due to 2,858
circumstances beyond the individual's control, and a default and 2,859
final order may be entered without the taking of testimony or 2,860
presentation of evidence. If the board determines that the 2,861
individual's ability to practice is impaired, the board shall 2,862
suspend the individual's certificate or deny the individual's
application and shall require the individual, as a condition for 2,864
initial, continued, reinstated, or renewed licensure to practice, 2,865
to submit to treatment. 2,866
Before being eligible to apply for reinstatement of a 2,868
certificate suspended under this division, the physician 2,869
assistant shall demonstrate to the board the ability to resume 2,870
practice in compliance with acceptable and prevailing standards 2,871
of care. The demonstration shall include the following: 2,873
(a) Certification from a treatment provider approved under 2,876
section 4731.25 of the Revised Code that the individual has 2,877
successfully completed any required inpatient treatment; 2,878
(b) Evidence of continuing full compliance with an 2,881
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's 2,884
ability to practice has been assessed and that the individual has 2,885
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by 2,886
individuals or providers approved by the board for making such 2,887
assessments and shall describe the basis for this THEIR 2,888
determination. 2,889
The board may reinstate a certificate suspended under this 2,892
division after such demonstration and after the individual has 2,893
entered into a written consent agreement.
When the impaired physician assistant resumes practice, the 2,896
67
board shall require continued monitoring of the physician
assistant, which. THE MONITORING shall include compliance with 2,898
the written consent agreement entered into before reinstatement 2,899
or with conditions imposed by board order after a hearing, and, 2,900
upon termination of the consent agreement, submission to the 2,901
board for at least two years of annual written progress reports 2,902
made under penalty of falsification stating whether the physician 2,903
assistant has maintained sobriety. 2,904
(E)(G) If the secretary and supervising member determine 2,907
that there is clear and convincing evidence that a physician 2,908
assistant has violated division (B) of this section and that the 2,909
individual's continued practice presents a danger of immediate 2,910
and serious harm to the public, they may recommend that the board 2,911
suspend the individual's certificate to practice without a prior 2,913
hearing. Written allegations shall be prepared for consideration 2,914
by the board members.
The board, upon review of those allegations and by a AN 2,916
AFFIRMATIVE vote of not fewer than six of its members, excluding 2,918
the secretary and supervising member, may suspend a certificate 2,919
without a prior hearing. A telephone conference call may be 2,920
utilized for reviewing the allegations and taking the vote ON THE 2,921
SUMMARY SUSPENSION. 2,922
The board shall issue a written order of suspension by 2,924
certified mail or in person in accordance with section 119.07 of 2,925
the Revised Code. The order shall not be subject to suspension 2,927
by the court during pendency of any appeal filed under section 2,928
119.12 of the Revised Code. If the physician assistant requests 2,929
an adjudicatory hearing by the board, the date set for the 2,930
hearing shall be within fifteen days, but not earlier than seven 2,931
days, after the physician assistant requests the hearing, unless 2,932
otherwise agreed to by both the board and the certificate holder. 2,933
A summary suspension imposed under this division shall 2,935
remain in effect, unless reversed on appeal, until a final 2,936
adjudicative order issued by the board pursuant to this section 2,937
68
and Chapter 119. of the Revised Code becomes effective. The 2,939
board shall issue its final adjudicative order within sixty days 2,940
after completion of its hearing. Failure to issue the order 2,941
within sixty days shall result in dissolution of the summary 2,942
suspension order, but shall not invalidate any subsequent, final 2,943
adjudicative order.
(F)(H) If the board should take TAKES action under 2,946
division (B)(11), (13), or (14) of this section, and the 2,947
conviction, judicial finding of guilt, or guilty plea, OR 2,949
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,950
CONVICTION is overturned on appeal, upon exhaustion of the 2,951
criminal appeal, a petition for reconsideration of the order may 2,952
be filed with the board along with appropriate court documents. 2,953
Upon receipt of a petition and supporting court documents, the 2,954
board shall reinstate the petitioner's certificate OF 2,955
REGISTRATION. The board may then hold an adjudication UNDER 2,956
CHAPTER 119. OF THE REVISED CODE to determine whether the 2,957
individual committed the act in question. Notice of opportunity 2,959
for hearing shall be given in accordance with Chapter 119. of the 2,960
Revised Code. If the board finds, pursuant to an adjudication 2,961
held under this division, that the individual committed the act, 2,962
or if no hearing is requested, it may order any of the sanctions 2,963
identified under division (B) of this section. 2,964
(G)(I)(1) The certificate of registration of a physician 2,967
assistant and the physician assistant's practice in this state 2,969
are automatically suspended as of the date IF the physician 2,970
assistant pleads guilty to, is found by a judge or jury to be 2,972
guilty of, or is subject to a judicial finding of eligibility for 2,973
treatment in lieu of conviction for either of the following: 2,974
(1) In IS INDICTED IN this state, FOR aggravated murder, 2,977
murder, voluntary manslaughter, felonious assault, kidnapping, 2,978
rape, sexual battery, gross sexual imposition, aggravated arson, 2,979
aggravated robbery, or aggravated burglary; 2,980
(2) In OR IN another jurisdiction, any FOR A SUBSTANTIALLY 2,983
69
EQUIVALENT criminal offense substantially equivalent to those 2,984
specified in division (G)(1) of this section.
Continued. THE SUSPENSION IS EFFECTIVE AS OF THE DATE THE 2,986
INDICTMENT IS RETURNED, OR, IF IT IS SEALED, AS OF THE DATE THE 2,988
INDICTMENT IS FILED AND DOCKETED BY NAME. THE INDIVIDUAL SUBJECT 2,990
TO THE SUSPENSION IS NOT ENTITLED TO A HEARING UNDER CHAPTER 119. 2,992
OF THE REVISED CODE, BUT MAY REQUEST THAT THE BOARD MODIFY OR 2,995
TERMINATE THE SUSPENSION DURING THE PENDENCY OF THE INDIVIDUAL'S 2,996
CRIMINAL PROCEEDINGS. A REQUEST FOR MODIFICATION OR TERMINATION 2,997
MAY BE SUBMITTED NOT LATER THAN FIFTEEN DAYS AFTER THE EFFECTIVE 2,998
DATE OF THE SUSPENSION. THE REQUEST SHALL INCLUDE A WRITTEN 2,999
STATEMENT FROM THE INDIVIDUAL AND CORROBORATING WRITTEN 3,000
DOCUMENTATION AND AFFIDAVITS FOR THE BOARD TO CONSIDER. UNLESS 3,001
THE SUSPENSION IS MODIFIED OR TERMINATED, CONTINUED practice 3,003
after the suspension shall be considered practicing without a 3,005
certificate. The IN REVIEWING A REQUEST FOR MODIFICATION OR 3,007
TERMINATION OF A SUSPENSION, THE BOARD SHALL CONSIDER THE 3,008
INDIVIDUAL'S INDICTMENT TO BE CLEAR AND CONVINCING EVIDENCE THAT 3,009
THE INDIVIDUAL'S CONTINUED PRACTICE PRESENTS A DANGER OF 3,010
IMMEDIATE AND SERIOUS HARM TO THE PUBLIC, BUT THE BOARD MAY, BY 3,011
AN AFFIRMATIVE VOTE OF A MAJORITY OF ITS MEMBERS, MODIFY OR 3,012
TERMINATE THE SUSPENSION IF IT DETERMINES THAT EXTENUATING 3,013
CIRCUMSTANCES EXIST. THE BOARD MAY USE A TELEPHONE CONFERENCE 3,014
CALL TO REVIEW AND VOTE ON THE REQUEST. THE BOARD'S 3,015
DETERMINATION IS NOT SUBJECT TO APPEAL UNDER CHAPTER 119. OF THE 3,017
REVISED CODE OR IN ANY COURT. 3,019
(2) THE board shall notify the individual subject to the 3,022
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose 3,023
certificate is suspended under this division fails to make a 3,024
timely request for an adjudicatory hearing THE NOTICE SHALL 3,025
INFORM THE INDIVIDUAL OF ALL OF THE FOLLOWING: 3,026
(a) THAT THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS A 3,028
PHYSICIAN ASSISTANT WILL REMAIN SUSPENDED DURING THE PENDENCY OF 3,030
70
THE INDIVIDUAL'S CRIMINAL PROCEEDINGS, UNLESS THE BOARD MODIFIES 3,031
OR TERMINATES THE SUSPENSION BASED ON A DETERMINATION THAT 3,032
EXTENUATING CIRCUMSTANCES EXIST; 3,033
(b) THE PROCEDURE TO BE FOLLOWED IN SUBMITTING A REQUEST 3,036
FOR THE BOARD TO CONSIDER WHETHER EXTENUATING CIRCUMSTANCES 3,037
EXIST;
(c) THAT IF THE CRIMINAL PROCEEDINGS RESULT IN ACQUITTAL 3,040
OR DISMISSAL OF THE CHARGES, THE INDIVIDUAL IS RESPONSIBLE FOR 3,041
CAUSING THE COURT OR THE CLERK OF THE COURT TO PROVIDE THE BOARD 3,042
WITH A CERTIFIED COPY OF THE COURT'S ENTRY OF ACQUITTAL OR 3,043
DISMISSAL;
(d) THAT IF THE INDIVIDUAL PLEADS GUILTY OR IS SUBJECT TO 3,046
A JUDICIAL FINDING OF GUILT AND DOES NOT MAKE A TIMELY REQUEST 3,047
FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, THE 3,050
BOARD WILL PERMANENTLY REVOKE THE INDIVIDUAL'S CERTIFICATE OF 3,051
REGISTRATION.
(3) THE BOARD, ON BEING SATISFIED THAT AN INDIVIDUAL 3,053
SUBJECT TO SUSPENSION WAS ACQUITTED OR THAT THE CHARGES WERE 3,054
DISMISSED, SHALL LIFT THE SUSPENSION AND REFLECT IN ITS RECORDS 3,055
THAT THE SUSPENSION TERMINATED AS OF THE DATE OF THE COURT'S 3,056
ENTRY OF ACQUITTAL OR DISMISSAL. 3,057
IF THE INDIVIDUAL PLEADS GUILTY OR IS SUBJECT TO A JUDICIAL 3,060
FINDING OF GUILT, AND A TIMELY REQUEST FOR AN ADJUDICATION UNDER 3,061
CHAPTER 119. OF THE REVISED CODE IS MADE, THE BOARD SHALL CONDUCT 3,064
THE ADJUDICATION. IF A TIMELY REQUEST IS NOT MADE, the board 3,065
shall enter a final order PERMANENTLY revoking the INDIVIDUAL'S 3,066
certificate OF REGISTRATION. 3,068
(H)(J) In any instance in which the board is required by 3,071
Chapter 119. of the Revised Code to give notice of opportunity 3,073
for hearing and the applicant or certificate holder INDIVIDUAL 3,074
SUBJECT TO THE NOTICE does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is 3,076
not required to hold a hearing, but may adopt, by a AN 3,077
AFFIRMATIVE vote of not fewer than six of its members, a final 3,079
71
order that contains the board's findings. In that final order, 3,080
the board may order any of the sanctions identified under 3,081
division (A) OR (B) of this section. 3,082
(I)(K) Any action taken by the board under division (B) of 3,085
this section resulting in a suspension shall be accompanied by a 3,086
written statement of the conditions under which the physician 3,087
assistant ASSISTANT'S CERTIFICATE may be reinstated. The board 3,088
shall adopt rules in accordance with Chapter 119. of the Revised 3,090
Code governing conditions to be imposed for reinstatement. 3,092
Reinstatement of a certificate suspended pursuant to division (B) 3,093
of this section requires an affirmative vote of not fewer than 3,094
six members of the board.
(J) An individual's failure to renew a certificate of 3,096
registration as a physician assistant shall have no effect on the 3,097
board's jurisdiction to take any action under this section 3,098
against the individual.
(K)(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF 3,101
REGISTRATION AS A PHYSICIAN ASSISTANT TO AN APPLICANT, REVOKES AN 3,103
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO ISSUE A 3,104
CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN 3,105
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY 3,106
THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A 3,107
PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER 3,108
INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS A PHYSICIAN 3,109
ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR 3,110
REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW 3,111
CERTIFICATE.
(M) Notwithstanding any other provision of the Revised 3,114
Code, ALL OF the FOLLOWING APPLY:
(1) THE surrender of a certificate of registration as a 3,117
physician assistant issued under this chapter is not effective 3,118
UNLESS OR until accepted by the board. Reinstatement of a 3,120
certificate surrendered to the board requires an affirmative vote 3,121
of not fewer than six members of the board.
72
Notwithstanding any other provision of the Revised Code, no 3,124
(2) AN application made under this chapter for a certificate of 3,125
registration, approval of a standard or supplemental utilization 3,126
plan, or approval of a supervision agreement may NOT be withdrawn 3,127
without approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 3,130
REGISTRATION IN ACCORDANCE WITH SECTION 4730.12 OF THE REVISED 3,131
CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE 3,132
DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL. 3,133
Sec. 4730.26. (A) The state medical board shall 3,143
investigate evidence that appears to show that any person has 3,144
violated this chapter or a rule adopted under it. Any person may 3,145
report to the board in a signed writing any information the
person has that appears to show a violation of any provision of 3,146
this chapter or rule adopted under it. In the absence of bad 3,147
faith, a person who reports such information or testifies before 3,148
the board in an adjudication hearing CONDUCTED UNDER CHAPTER 119. 3,149
OF THE REVISED CODE shall not be liable for civil damages as a 3,150
result of reporting the information or providing testimony. EACH 3,152
Each complaint or allegation of a violation received by the 3,155
board shall be assigned a case number and be recorded by the
board. Information received by the board pursuant to an 3,156
investigation is confidential and not subject to discovery in any 3,157
civil action. 3,158
(B) Investigations of alleged violations of this chapter 3,160
or rules adopted under it shall be supervised by the supervising 3,161
member elected by the board in accordance with section 4731.02 of 3,162
the Revised Code and by the secretary as provided in section 3,164
4730.33 of the Revised Code. The president may designate another 3,165
member of the board to supervise the investigation in place of 3,166
the supervising member. A member of the board who supervises the 3,167
investigation of a case shall not participate in further 3,168
adjudication of the case.
(C) In investigating a possible violation of this chapter 3,170
73
or a rule adopted under it, the board may administer oaths, order 3,171
the taking of depositions, issue subpoenas, and compel the 3,172
attendance of witnesses and production of books, accounts, 3,173
papers, records, documents, and testimony, except that a subpoena 3,174
for patient record information shall not be issued without 3,175
consultation with the attorney general's office and approval of 3,176
the secretary of the board, the AND supervising member, and a 3,177
member of the board who is authorized under Chapter 4731. of the 3,179
Revised Code to practice medicine and surgery, osteopathic 3,180
medicine and surgery, or podiatry. Before issuance of a subpoena 3,181
FOR PATIENT RECORD INFORMATION, the three board members SECRETARY 3,182
AND SUPERVISING MEMBER shall determine whether there is probable 3,183
cause to believe that the complaint filed alleges a violation of 3,184
this chapter or a rule adopted under it and that the records 3,185
sought are relevant to the alleged violation and material to the 3,186
investigation. The SUBPOENA MAY APPLY ONLY TO records must THAT 3,188
cover a reasonable period of time surrounding the alleged 3,189
violation. On
ON failure to comply with any subpoena issued by the board 3,192
and after reasonable notice to the person being subpoenaed, the 3,193
board may move for an order compelling the production of persons 3,194
or records pursuant to the Rules of Civil Procedure. Each 3,195
officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 3,197
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 3,198
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 3,200
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 3,201
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 3,202
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PHYSICIAN 3,203
ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED MAIL, 3,204
RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE SUBPOENA 3,205
SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR THE DATE 3,206
THE PERSON REFUSES TO ACCEPT DELIVERY. 3,207
A SHERIFF'S DEPUTY who serves such A subpoena shall receive 3,210
74
the same fees as a sheriff, and each. EACH witness who appears 3,211
before the board in obedience to a subpoena shall receive the 3,212
fees and mileage provided for witnesses in civil cases in the
courts of common pleas. 3,213
(D) All hearings and investigations of the board shall be 3,215
considered civil actions for the purposes of section 2305.251 of 3,216
the Revised Code. 3,217
(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 3,219
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 3,220
CIVIL ACTION. 3,221
The board shall conduct all investigations and proceedings 3,224
in such a manner as to protect patient THAT PROTECTS THE 3,225
confidentiality OF PATIENTS AND PERSONS WHO FILE COMPLAINTS WITH 3,227
THE BOARD. The board shall not make public THE names or ANY 3,228
other identifying information about patients OR COMPLAINANTS 3,229
unless proper consent is given or, IN THE CASE OF A PATIENT, a 3,230
waiver of the patient privilege exists under division (B) of 3,231
section 2317.02 of the Revised Code, except that consent or a 3,232
waiver is not required if the board possesses reliable and 3,233
substantial evidence that no bona fide physician-patient 3,235
relationship exists.
(B) THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES 3,238
PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND 3,239
PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND 3,240
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL 3,241
MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER 3,242
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING 3,243
ALLEGED CRIMINAL OFFENSES. A BOARD OR AGENCY THAT RECEIVES THE 3,244
INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING 3,245
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST 3,246
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED
CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE 3,247
BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS 3,248
POSSESSION. THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A 3,249
75
CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE 3,250
COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE 3,251
THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF 3,252
THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING 3,253
INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY 3,254
WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS 3,255
IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 3,257
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 3,258
(F) The state medical board shall develop requirements for 3,261
and provide appropriate initial and continuing training for 3,262
investigators employed by the board to carry out its duties under 3,263
this chapter. The training and continuing education may include 3,264
enrollment in courses operated or approved by the Ohio peace 3,265
officer training council that the board considers appropriate 3,266
under conditions set forth in section 109.79 of the Revised Code. 3,267
(C)(G) On a quarterly basis, the board shall prepare a 3,270
report that documents the disposition of all cases during the 3,271
preceding three months. The report shall contain the following 3,272
information for each case with which the board has completed its 3,273
activities:
(1) The case number assigned to the complaint or alleged 3,276
violation pursuant to division (A) of this section; 3,277
(2) The type of certificate to practice, if any, held by 3,280
the individual against whom the complaint is directed;
(3) A description of the allegations contained in the 3,282
complaint; 3,283
(4) The disposition of the case. 3,285
The report shall state how many cases are still pending, 3,287
and shall be prepared in such a manner as to protect THAT 3,288
PROTECTS the identity of each person involved in each case. The 3,290
report shall be submitted to the physician assistant policy 3,291
committee of the board and is a public record for purposes of 3,292
section 149.43 of the Revised Code. 3,293
76
Sec. 4730.27. If the state medical board has reason to 3,303
believe that any person who has been granted a certificate of
registration under this chapter is mentally ill or mentally 3,304
incompetent, it may file in the probate court of the county in 3,305
which such person has a legal residence an affidavit in the form 3,306
prescribed in section 5122.11 of the Revised Code and signed by 3,308
the board secretary or a member of the secretary's staff,
whereupon the same proceedings shall be had as provided in 3,309
Chapter 5122. of the Revised Code. The attorney general may 3,311
represent the board in any proceeding commenced under this 3,312
section.
If a physician assistant is adjudged by a probate court to 3,315
be mentally ill or mentally incompetent, the individual's 3,316
certificate of registration shall be automatically suspended 3,317
until the individual has filed with the board a certified copy of 3,318
an adjudication by a probate court of being restored to 3,319
competency or has submitted to the board proof, satisfactory to 3,320
the board, of having been discharged as being restored to 3,321
competency in the manner and form provided in section 5122.38 of 3,322
the Revised Code. The judge of the court shall immediately 3,324
notify the board of an adjudication of incompetence and note any 3,325
suspension of a certificate in the margin of the court's record 3,326
of the certificate. In the absence of fraud or bad faith, 3,327
neither the board nor any member, agent, representative, or 3,328
employee of the board shall be held liable in damages by any 3,329
person by reason of the filing of the affidavit referred to in 3,330
this section.
Sec. 4730.31. (A) As used in this section, "prosecutor" 3,340
has the same meaning as in section 2935.01 of the Revised Code. 3,341
(B) Whenever any person holding a valid certificate issued 3,344
pursuant to this chapter pleads guilty to or is convicted of, IS 3,345
SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A 3,346
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of 3,348
77
the Revised Code or of any substantively comparable ordinance of 3,349
a municipal corporation in connection with practicing as a 3,350
physician assistant, the prosecutor in the case shall, on forms 3,351
prescribed and provided by the state medical board, promptly 3,352
notify the board of the conviction. Within thirty days of 3,353
receipt of such information, the board shall initiate action in 3,354
accordance with Chapter 119. of the Revised Code to determine 3,356
whether to suspend or revoke the certificate under section 3,357
4730.31 of the Revised Code. 3,358
(C) The prosecutor in any case against any person holding 3,361
a valid certificate issued pursuant to this chapter shall, on 3,362
forms prescribed and provided by the state medical board, notify 3,363
the board of any of the following:
(1) A plea of guilty to, or a judicial finding of guilt 3,365
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,366
CONVICTION FOR a felony, or a case where the trial court issues 3,367
an order of dismissal upon technical or procedural grounds of a 3,368
felony charge; 3,369
(2) A plea of guilty to, or a judicial finding of guilt 3,371
of, OR JUDICIAL FINDING OR ELIGIBILITY FOR TREATMENT IN LIEU OF 3,372
CONVICTION FOR a misdemeanor committed in the course of practice, 3,373
or a case where the trial court issues an order of dismissal upon 3,374
technical or procedural grounds of a charge of a misdemeanor, if 3,375
the alleged act was committed in the course of practice; 3,376
(3) A plea of guilty to, or a judicial finding of guilt 3,378
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,379
CONVICTION FOR a misdemeanor involving moral turpitude, or a case 3,380
where the trial court issues an order of dismissal upon technical 3,381
or procedural grounds of a charge of a misdemeanor involving 3,382
moral turpitude. 3,383
The report shall include the name and address of the 3,385
certificate holder, the nature of the offense for which the 3,386
action was taken, and the certified court documents recording the 3,387
action. 3,388
78
Sec. 4730.32. (A) Within sixty days after the completion 3,398
IMPOSITION of any formal disciplinary procedure ACTION taken by 3,399
any HEALTH CARE FACILITY, INCLUDING A hospital, HEALTH CARE 3,400
FACILITY OPERATED BY A INSURING CORPORATION, AMBULATORY SURGICAL 3,401
CENTER, or other health care SIMILAR facility, against any person 3,402
INDIVIDUAL holding a valid certificate of registration as a 3,403
physician assistant, the chief administrator or executive officer 3,404
of the facility shall report to the state medical board the name 3,405
of the certificate holder INDIVIDUAL, the action taken by the 3,406
facility, and a summary of the underlying facts leading to the 3,407
action taken. Upon request, the board shall be provided 3,408
CERTIFIED copies of the patient records minus patient identifiers 3,409
which THAT were the basis for the facility's action. Prior to 3,410
release to the board, the summary shall be approved by the peer 3,411
review committee which THAT reviewed the case or by the governing 3,413
board of the facility.
The filing or nonfiling of a report with the board OR 3,415
DECISION NOT TO FILE A REPORT, investigation by the board, or any 3,416
disciplinary action taken by the board, shall DOES not preclude a 3,417
health care facility from taking disciplinary action against a 3,419
physician assistant.
(B) Any A physician assistant, PROFESSIONAL ASSOCIATION OR 3,422
society of physician assistants, physician, or PROFESSIONAL 3,423
ASSOCIATION OR society of physicians, OR HEALTH CARE FACILITY 3,424
that believes a violation of any provision of this chapter, 3,425
Chapter 4731. of the Revised Code, or rule of the board has 3,427
occurred shall report to the board the information upon which the 3,429
belief is based. This division does not require any person or 3,430
organization that is a treatment provider approved by the board 3,431
under section 4731.25 of the Revised Code or any employee, agent, 3,432
or representative of such a provider to make reports with respect 3,433
to a physician assistant participating in treatment or aftercare 3,434
so FOR SUBSTANCE ABUSE AS long as the physician assistant 3,436
maintains participation in accordance with the requirements of 3,437
79
section 4731.25 of the Revised Code and the person TREATMENT 3,438
PROVIDER or organization EMPLOYEE, AGENT, OR REPRESENTATIVE OF 3,439
THE PROVIDER has no reason to believe that the physician 3,440
assistant has violated any provision of this chapter or rule 3,441
adopted under it, other than being impaired by alcohol, drugs, or 3,442
other substances. This division does not require reporting by 3,443
any member of an impaired practitioner committee established by a 3,444
hospital HEALTH CARE FACILITY or by any representative or agent 3,445
of a committee or program sponsored by a professional association 3,447
OR SOCIETY of physician assistants to provide peer assistance to 3,449
physician assistants with substance abuse problems with respect 3,450
to a physician assistant who has been referred for examination to 3,451
a treatment program approved by the board under section 4731.25 3,452
of the Revised Code if the physician assistant cooperates with 3,453
the referral for examination and with any determination that the 3,454
physician assistant should enter treatment and so AS long as the 3,456
committee member, representative, or agent has no reason to 3,457
believe that the physician assistant has ceased to participate in 3,458
the treatment program in accordance with section 4731.25 of the 3,459
Revised Code or has violated any provision of this chapter or 3,460
rule adopted under it, other than being impaired by alcohol, 3,461
drugs, or other substances.
(C) Any professional ASSOCIATION OR society composed 3,463
primarily of physician assistants that suspends or revokes an 3,464
individual's membership in that society for violations of 3,465
professional ethics, or for reasons of professional incompetence 3,466
or professional malpractice, within sixty days after a final 3,467
decision, shall report to the board, on forms prescribed and 3,468
provided by the board, the name of the member INDIVIDUAL, the 3,469
action taken by the society PROFESSIONAL ORGANIZATION, and a 3,471
summary of the underlying facts leading to the action taken. 3,472
The filing or nonfiling of a report with the board, 3,474
investigation by the board, or any disciplinary action taken by 3,475
the board, shall not preclude a professional society ORGANIZATION 3,477
80
from taking disciplinary action against a physician assistant. 3,478
(D) Any insurer providing professional liability insurance 3,481
to any person holding a valid certificate of registration as a 3,482
physician assistant or any other entity that seeks to indemnify 3,483
the professional liability of a physician assistant shall notify 3,484
the board within thirty days after the final disposition of any 3,485
written claim for damages where such disposition results in a 3,486
payment exceeding twenty-five thousand dollars. The notice shall 3,487
contain the following information:
(1) The name and address of the person submitting the 3,489
notification; 3,490
(2) The name and address of the insured who is the subject 3,493
of the claim;
(3) The name of the person filing the written claim; 3,495
(4) The date of final disposition; 3,497
(5) If applicable, the identity of the court in which the 3,500
final disposition of the claim took place.
(E) On the basis of the reporting provisions in this 3,503
section, the THE board may investigate possible violations of
this chapter or the rules adopted under it. The board may also 3,504
investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF THE 3,505
REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD 3,507
SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES 3,508
repeated malpractice. As used in this division, "repeated 3,510
malpractice" means three or more claims for malpractice within 3,511
the previous A five-year period, each resulting in a judgment or 3,513
settlement in excess of twenty-five thousand dollars in favor of 3,514
the claimant, and each involving negligent conduct by the 3,515
physician assistant.
(F) All summaries, reports, and records received and 3,518
maintained by the board pursuant to this section shall be held in 3,519
confidence and shall not be subject to discovery or introduction 3,520
in evidence in any federal or state civil action involving a 3,521
physician assistant, supervising physician, or health care
81
facility arising out of matters that are the subject of such THE 3,523
reporting to the board REQUIRED BY THIS SECTION. The board may 3,524
use the information obtained only as the basis for an 3,526
investigation, as evidence in a disciplinary hearing against a 3,527
physician assistant or supervising physician, or in any
subsequent trial or appeal of a board action or order. 3,529
The board may disclose the summaries and reports it 3,531
receives under this section only to health care facility 3,532
committees within or outside this state that are involved in 3,534
credentialing or recredentialing a physician assistant or 3,535
supervising physician or reviewing their privilege to practice 3,537
within a particular facility. The board shall indicate whether 3,538
or not the information has been verified. Information thus 3,539
transmitted by the board shall be subject to the same
confidentiality provisions as when maintained by the board. 3,540
(G) Except for reports filed by an individual pursuant to 3,543
division (B) of this section, THE BOARD SHALL SEND a copy of any 3,544
reports or summaries received by the board IT RECEIVES pursuant 3,545
to this section shall be sent to the physician assistant by the 3,546
board. The physician assistant shall have the right to file a 3,547
statement with the board concerning the correctness or relevance 3,548
of the information. Such THE statement shall at all times 3,549
accompany that part of the record in contention. 3,551
(H) A person, health care facility, association, society, 3,554
AN INDIVIDUAL or insurer ENTITY that reports to the board or 3,555
refers an impaired physician assistant to a treatment provider 3,556
approved by the board under section 4731.25 of the Revised Code 3,558
shall not be subject to suit for civil damages as a result of the 3,559
report, referral, or provision of the information. 3,560
(I) In the absence of fraud or bad faith, a professional 3,563
association OR SOCIETY of physician assistants that sponsors a 3,564
committee or program to provide peer assistance to a physician 3,565
assistant with substance abuse problems, a representative or 3,566
agent of such a committee or program, and a member of the state 3,567
82
medical board shall not be held liable in damages to any person 3,568
by reason of actions taken to refer a physician assistant to a 3,569
treatment provider approved under section 4731.25 of the Revised 3,571
Code for examination or treatment.
Sec. 4730.34. In the absence of fraud or bad faith, 3,581
neither the STATE MEDICAL board nor any, A current or former 3,583
BOARD member, AN agent OF THE BOARD, A PERSON FORMALLY REQUESTED 3,584
BY THE BOARD TO BE THE BOARD'S representative, or AN employee of 3,585
the board shall NOT be held liable in damages to any person as 3,587
the result of any act, omission, proceeding, conduct, or decision 3,588
related to official duties undertaken or performed pursuant to 3,589
this chapter. If a current or former member, agent, 3,590
representative, or employee ANY SUCH PERSON requests to be 3,591
defended by the state against any claim or action arising out of 3,593
any act, omission, proceeding, conduct, or decision related to 3,594
the person's official duties, and if the request is made in 3,595
writing at a reasonable time before trial and the person 3,596
requesting defense cooperates in good faith in the defense of the 3,597
claim or action, the state shall provide and pay for such THE 3,598
PERSON'S defense and shall pay any resulting judgment, 3,599
compromise, or settlement. At no time shall the state pay that 3,600
ANY part of a claim or judgment which THAT is for punitive or 3,601
exemplary damages. 3,602
Sec. 4731.08. Except as provided in sections 4731.29 and 3,611
4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15, 3,612
1998, IN SECTION 4731.295 OF THE REVISED CODE, each person who 3,613
desires to practice medicine and surgery or osteopathic medicine 3,615
and surgery in this state shall file with the secretary of the 3,617
state medical board a written application for admission to the
examination conducted by the board under section 4731.13 of the 3,618
Revised Code. The applicant shall file the application under 3,619
oath on a form prescribed by the board. The applicant shall 3,621
furnish evidence satisfactory to the board that he THE APPLICANT 3,622
is more than eighteen years of age and of good moral character. 3,623
83
Sec. 4731.13. Except as provided in sections 4731.29 and 3,632
4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15, 3,633
1998, IN SECTION 4731.295 OF THE REVISED CODE, the state medical 3,634
board shall examine each individual who desires to practice 3,635
medicine and surgery or osteopathic medicine and surgery in this 3,636
state. The board shall conduct the examination of these 3,637
individuals in accordance with rules the board shall adopt. Each 3,638
individual shall be examined in such subjects as the board 3,639
requires. The board shall examine in subjects pertinent to 3,640
current medical educational standards. 3,641
The board may use as its examination all or part of a 3,643
standard medical licensing examination established for purposes 3,644
of determining the competence of individuals to practice medicine 3,645
and surgery or osteopathic medicine and surgery in the United 3,646
States. 3,647
Sec. 4731.142. (A) Except as provided in division (C)(B) 3,657
of this section, an individual must demonstrate proficiency in 3,658
spoken English to receive a certificate TO PRACTICE issued under 3,659
section 4731.14 of the Revised Code if the individual's 3,661
eligibility for the certificate is based in part on certification 3,663
from the educational commission for foreign medical graduates and 3,664
fulfillment of the undergraduate requirements established by 3,666
section 4731.09 of the Revised Code at an institution outside the 3,667
United States. The individual may demonstrate such proficiency 3,668
only by one of the following: 3,669
(1) Obtaining OBTAINING a score of fifty FORTY or higher 3,672
on the test of spoken English conducted by the educational 3,674
testing service; 3,675
(2) Obtaining a score of at least forty but less than 3,679
fifty on the test of spoken English conducted by the educational 3,681
testing service and being determined by the state medical board, 3,682
following an appearance before the board, to be able to 3,683
communicate adequately in spoken English for the practice of 3,684
medicine and surgery or osteopathic medicine and surgery. 3,685
84
(B) At an individual's request, the board shall afford the 3,688
individual subject to division (A)(2) of this section an 3,689
opportunity to appear before the board to demonstrate proficiency 3,690
in spoken English. The determination of whether the individual 3,691
is able to communicate adequately in spoken English shall be made 3,692
by vote of the majority of members present. The individual is 3,693
not entitled to appeal under Chapter 119. of the Revised Code a 3,694
determination by the board that the individual's ability to 3,695
communicate in spoken English is not adequate for the practice of 3,697
medicine and surgery or osteopathic medicine and surgery. 3,698
(C) An individual is not required to demonstrate 3,700
proficiency in spoken English in accordance with division (A) of 3,701
this section if the individual was required to demonstrate such 3,703
proficiency as a condition of certification from the educational 3,704
commission for foreign medical graduates. 3,705
Sec. 4731.15. (A)(1) The state medical board also shall 3,714
examine and register persons desiring to practice a limited 3,715
branch of medicine or surgery, and shall establish rules 3,716
governing such limited practice. Such REGULATE THE FOLLOWING 3,717
limited branches of medicine or surgery are: massage THERAPY and 3,719
cosmetic therapy, AND TO THE EXTENT SPECIFIED IN SECTION 4731.151 3,722
OF THE REVISED CODE, NAPRAPATHY AND MECHANOTHERAPY. THE BOARD
SHALL ADOPT RULES GOVERNING THE LIMITED BRANCHES OF MEDICINE 3,723
UNDER ITS JURISDICTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE 3,724
WITH CHAPTER 119. OF THE REVISED CODE.
(2) As used in this chapter: 3,726
(a) "Approved electric modalities" means electric 3,728
modalities approved by the state medical board for use in 3,729
cosmetic therapy. 3,730
(b), "Cosmetic COSMETIC therapy" means the systematic 3,733
friction, stroking, slapping, and kneading or tapping to the 3,734
face, neck, scalp, or shoulders through the use of approved 3,735
electric modalities, and additionally may include the permanent 3,736
removal of hair from the human body through the use of approved 3,737
85
electric modalities APPROVED BY THE BOARD FOR USE IN COSMETIC 3,739
THERAPY, AND ADDITIONALLY MAY INCLUDE THE SYSTEMATIC FRICTION, 3,741
STROKING, SLAPPING, AND KNEADING OR TAPPING OF THE FACE, NECK, 3,742
SCALP, OR SHOULDERS.
(c) "Cosmetic therapist" means a person who holds a 3,744
certificate to practice cosmetic therapy issued by the state 3,745
medical board under this chapter and who is registered with the 3,746
board under this chapter. 3,747
(B) All persons who hold a certificate to practice a 3,749
limited branch of medicine or surgery issued by the state medical 3,750
board, whether residents of this state or not, shall on or before 3,751
the first day of June 1983, and on or before the first day of 3,752
June every second year thereafter OF EACH ODD-NUMBERED YEAR, 3,753
register with the state medical board on a form prescribed by the 3,755
board and shall pay at such time a biennial registration fee of 3,756
fifty dollars. At least one month in advance of the date of 3,758
registration, a written notice that the biennial registration fee 3,759
is due on or before the first day of June shall be sent to each 3,760
holder of a certificate to practice a limited branch of medicine 3,761
or surgery, at the person's last known address. All persons who 3,762
hold a certificate to practice a limited branch of medicine or 3,763
surgery issued by the state medical board shall provide the board 3,764
written notice of any change of address. A 3,765
A certificate to practice a limited branch of medicine or 3,768
surgery shall be automatically suspended if the fee is not paid 3,769
by the first day of September of the year it is due, and 3,770
continued. CONTINUED practice after the suspension of the 3,771
certificate to practice shall be considered as practicing without 3,772
a license in violation of sections 4731.34 and 4731.41 of the 3,773
Revised Code. An applicant for reinstatement of SUBJECT TO 3,774
SECTION 4731.222 OF THE REVISED CODE, THE BOARD SHALL REINSTATE a 3,775
certificate to practice suspended for failure to register shall 3,777
submit the applicant's current and delinquent registration fees 3,778
and a ON AN APPLICANT'S PAYMENT OF THE BIENNIAL REGISTRATION FEE 3,780
86
AND THE APPLICABLE MONETARY PENALTY. WITH REGARD TO
REINSTATEMENT OF A CERTIFICATE TO PRACTICE COSMETIC THERAPY, THE 3,781
APPLICANT ALSO SHALL SUBMIT WITH THE APPLICATION A CERTIFICATION 3,782
THAT THE NUMBER OF HOURS OF CONTINUING EDUCATION NECESSARY TO 3,783
HAVE A SUSPENDED CERTIFICATE REINSTATED HAVE BEEN COMPLETED, AS 3,784
SPECIFIED IN RULES THE BOARD SHALL ADOPT IN ACCORDANCE WITH 3,786
CHAPTER 119. OF THE REVISED CODE. THE penalty of FOR 3,789
REINSTATEMENT SHALL BE twenty-five dollars IF THE CERTIFICATE HAS 3,790
BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY DOLLARS IF THE 3,791
CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS. 3,792
Sec. 4731.151. (A) Notwithstanding the provisions of 3,801
section 4731.15 of the Revised Code specifying the types of 3,802
limited branches of medicine or surgery to be examined and 3,803
registered by the state medical board, naprapaths NAPRAPATHS who 3,804
received a certificate to practice from the board prior to March 3,805
2, 1992, may continue to practice naprapathy, as defined in rules 3,806
adopted by the board. Such naprapaths shall practice in 3,807
accordance with rules adopted by the board. 3,808
(B)(1) As used in this division: 3,810
(a) "Mechanotherapy" means all of the following: 3,812
(i) Examining patients by verbal inquiry; 3,814
(ii) Examination of the musculoskeletal system by hand; 3,816
(iii) Visual inspection and observation; 3,818
(iv) Diagnosing a patient's condition only as to whether 3,820
the patient has a disorder of the musculoskeletal system; 3,821
(v) In the treatment of patients, employing the techniques 3,823
of advised or supervised exercise; electrical neuromuscular 3,824
stimulation; massage or manipulation; or air, water, heat, cold, 3,825
sound, or infrared ray therapy only to those disorders of the 3,826
musculoskeletal system that are amenable to treatment by such 3,827
techniques and that are identifiable by examination performed in 3,828
accordance with division (B)(1)(a)(i) of this section and 3,829
diagnosable in accordance with division (B)(1)(a)(ii) of this 3,830
section. 3,831
87
(b) "Educational requirements" means the completion of a 3,833
course of study appropriate for certification to practice 3,834
mechanotherapy on or before November 3, 1985, as determined by 3,835
rules adopted under this chapter. 3,836
(2) Notwithstanding the provisions of section 4731.15 of 3,838
the Revised Code specifying the types of limited branches of 3,839
medicine or surgery to be examined and registered by the board, 3,840
mechanotherapists MECHANOTHERAPISTS who received a certificate to 3,841
practice from the board prior to March 2, 1992, may continue to 3,842
practice mechanotherapy, as defined in rules adopted by the 3,843
board. Such mechanotherapists shall practice in accordance with 3,844
rules adopted by the board. 3,845
A person authorized by this division to practice as a 3,847
mechanotherapist may examine, diagnose, and assume responsibility 3,848
for the care of patients with due regard for first aid and the 3,849
hygienic and nutritional care of the patients. Roentgen rays 3,850
shall be used by a mechanotherapist only for diagnostic purposes. 3,851
(3) A person who holds a certificate to practice 3,853
mechanotherapy and completed educational requirements in 3,854
mechanotherapy on or before November 3, 1985, is entitled to use 3,855
the title "doctor of mechanotherapy" and is a "physician" who 3,856
performs "medical services" for the purposes of Chapters 4121. 3,857
and 4123. of the Revised Code and the program established under 3,858
section 5111.01 of the Revised Code, and shall receive payment or 3,859
reimbursement as provided under those chapters and that section. 3,860
(C) Rules adopted under this section shall be adopted in 3,862
accordance with Chapter 119. of the Revised Code. 3,863
Sec. 4731.16. The examination STATE MEDICAL BOARD SHALL 3,872
CONDUCT EXAMINATIONS of all applicants for certification to 3,873
practice a THE limited branch BRANCHES of medicine or surgery OF 3,875
MASSAGE THERAPY AND COSMETIC THERAPY. THE EXAMINATIONS shall be 3,876
conducted under rules prescribed ADOPTED by the state medical 3,877
board and at such times and places as the board may determine. 3,879
Such FOR THE PURPOSE OF CONDUCTING EXAMINATIONS, THE BOARD MAY 3,880
88
CALL TO ITS AID ANY PERSON OF ESTABLISHED REPUTATION AND KNOWN 3,881
ABILITY IN THE LIMITED BRANCH OF MEDICINE FOR WHICH THE
EXAMINATION IS BEING HELD. A PERSON CALLED TO ASSIST IN AN 3,882
EXAMINATION SHALL BE REIMBURSED FOR THE PERSON'S SERVICES. 3,883
REIMBURSEMENT SHALL BE NOT MORE THAN ONE HUNDRED DOLLARS PER DAY 3,884
AND AN AMOUNT FIXED AND ALLOWED BY THE BOARD FOR THE PERSON'S 3,885
ACTUAL AND NECESSARY EXPENSES. 3,886
EACH examination shall be given in anatomy, physiology, 3,889
chemistry, bacteriology, pathology, hygiene, diagnosis, and in 3,890
such ANY other subjects appropriate to the limited branches 3,892
BRANCH of medicine or surgery for which certification is 3,894
requested as the board may require. Applicants, EXCEPT THAT 3,895
APPLICANTS for certificates to practice massage or Swedish 3,896
movement THERAPY shall not be examined in pathology and 3,897
diagnosis.
IF AN APPLICANT FAILS AN EXAMINATION MORE THAN TWICE, IN 3,900
WHOLE OR IN PART, THE BOARD MAY REQUIRE THAT THE APPLICANT OBTAIN 3,901
ADDITIONAL TRAINING AS A CONDITION OF BEING ELIGIBLE FOR FURTHER 3,902
EXAMINATION.
Sec. 4731.17. For the purpose of conducting examinations 3,911
provided for in sections 4731.15 and 4731.16 of the Revised Code, 3,912
the state medical board shall call to its aid any person of 3,913
established reputation and known ability in the particular 3,914
limited branch in which the examination is being held. Any 3,915
person called by the board to its aid, as provided in this 3,916
section, shall be reimbursed for the person's services not more 3,918
than one hundred dollars per day and the person's actual and 3,919
necessary expenses to be fixed and allowed by the board.
If the applicant passes such examination and has paid the 3,921
fee of two hundred fifty dollars, the board shall issue its 3,922
certificate to that effect. Such A certificate shall authorize 3,923
TO PRACTICE A LIMITED BRANCH OF MEDICINE AUTHORIZES the holder 3,924
thereof to practice such THE limited branch of medicine or 3,925
surgery as may be specified therein, but shall. THE CERTIFICATE 3,927
89
DOES not permit the holder to practice any other LIMITED branch 3,929
of medicine or surgery, nor shall DOES it permit the holder to 3,932
treat infectious, contagious, or venereal diseases, or to
prescribe or administer drugs, or to perform surgery OR PRACTICE 3,933
MEDICINE IN ANY OTHER FORM. 3,934
Sec. 4731.18. The state medical board may dispense with 3,943
the examination of applicants for limited certificates to 3,944
practice a THE limited branch BRANCHES of medicine or surgery 3,946
upon OF MASSAGE THERAPY AND COSMETIC THERAPY IN the same
reciprocal conditions with respect to such limited branches as 3,947
are provided in MANNER THAT CERTIFICATES ARE ISSUED UNDER section 3,949
4731.29 of the Revised Code with respect to physicians and 3,950
surgeons generally TO INDIVIDUALS TO PRACTICE MEDICINE AND 3,951
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. In such cases the
state medical THE board shall MAY recognize ANY national 3,953
examining boards of the appropriate limited branches of medicine. 3,955
Sec. 4731.19. The state medical board shall determine the 3,964
standing of the schools, colleges, or institutions giving 3,966
instruction in THE limited branches of medicine or surgery OF 3,967
MASSAGE THERAPY AND COSMETIC THERAPY. If there shall at any time 3,968
be such schools, colleges, or institutions giving instruction in 3,970
such limited branches, the applicant for a certificate to 3,972
practice a limited branch of medicine or surgery shall, as a 3,973
condition of admission to the examination, produce a diploma or 3,974
certificate from a school, college, or institution in good 3,976
standing as determined by the board, showing the completion of 3,978
the required courses of instruction. 3,979
The entrance examiner of the board shall determine the 3,981
sufficiency of the preliminary education of applicants for such 3,982
limited certificate as is provided in A CERTIFICATE TO PRACTICE 3,983
MASSAGE THERAPY OR COSMETIC THERAPY IN THE SAME MANNER THAT 3,984
SUFFICIENCY OF PRELIMINARY EDUCATION IS DETERMINED UNDER section 3,986
4731.09 of the Revised Code. The, EXCEPT THAT THE board may 3,987
adopt rules defining and establishing for any THE limited branch 3,988
90
of medicine or surgery such preliminary educational requirements, 3,989
THAT ARE less exacting than those prescribed by such section, as 3,990
the nature of the case may require. 3,991
Sec. 4731.20. Sections 4731.07, 4731.08, and 4731.14 to 4,000
4731.26 of the Revised Code shall govern THE POWERS AND DUTIES 4,001
CONFERRED BY THIS CHAPTER ON the state medical board, INCLUDING 4,002
all of the BOARD'S officers mentioned therein, and the applicants 4,003
for and recipients of limited certificates to practice a limited 4,004
branch of medicine or surgery. In addition to FOR PURPOSES OF 4,006
REGULATING THE PRACTICES OF MEDICINE AND SURGERY, OSTEOPATHIC 4,007
MEDICINE AND SURGERY, AND PODIATRY, SHALL APPLY IN THE SAME
MANNER, WITH ANY MODIFICATIONS THE BOARD CONSIDERS NECESSARY, FOR 4,008
PURPOSES OF REGULATING THE PRACTICES OF LIMITED BRANCHES OF 4,009
MEDICINE, INCLUDING the power of the board to revoke and suspend 4,011
certificates provided for in TAKE DISCIPLINARY ACTIONS UNDER 4,012
section 2301.373 or 4731.22 of the Revised Code it may also 4,013
revoke or suspend the certificate of any one to whom a limited 4,014
certificate has been issued upon proof of violation of the rules 4,015
established by the board governing such limited practice. 4,016
Sec. 4731.22. (A) The state medical board, pursuant to an 4,025
adjudication under Chapter 119. of the Revised Code and by a AN 4,027
AFFIRMATIVE vote of not fewer than six of its members, may revoke 4,028
or may refuse to grant a certificate to a person found by the 4,029
board to have committed fraud in passing DURING THE 4,030
ADMINISTRATION OF the examination FOR A CERTIFICATE TO PRACTICE 4,031
or to have committed fraud, misrepresentation, or deception in 4,032
applying for or securing any license or certificate TO PRACTICE 4,033
OR CERTIFICATE OF REGISTRATION issued by the board. 4,034
(B) The board, pursuant to an adjudication under Chapter 4,037
119. of the Revised Code and by a AN AFFIRMATIVE vote of not 4,038
fewer than six members, shall, to the extent permitted by law, 4,039
limit, revoke, or suspend a AN INDIVIDUAL'S certificate TO 4,040
PRACTICE, refuse to register or AN INDIVIDUAL, refuse to 4,042
reinstate an applicant A CERTIFICATE, or reprimand or place on 4,043
91
probation the holder of a certificate for one or more of the 4,045
following reasons:
(1) Permitting one's name or one's CERTIFICATE TO PRACTICE 4,047
OR certificate of registration to be used by a person, group, or 4,049
corporation when the individual concerned is not actually 4,050
directing the treatment given; 4,051
(2) Failure to use reasonable care discrimination in 4,053
MAINTAIN MINIMAL STANDARDS APPLICABLE TO the SELECTION OR 4,055
administration of drugs, or failure to employ acceptable
scientific methods in the selection of drugs or other modalities 4,056
for treatment of disease; 4,057
(3) Selling, prescribing, giving away, or administering 4,059
drugs for other than legal and legitimate therapeutic purposes or 4,060
a plea of guilty to, or a judicial finding of guilt of, OR A 4,061
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 4,062
CONVICTION OF, a violation of any federal or state law regulating 4,064
the possession, distribution, or use of any drug; 4,065
(4) Willfully betraying a professional confidence or 4,067
engaging in the division of fees for referral of patients, or the 4,068
receiving of a thing of value in return for a specific referral 4,069
of a patient to utilize a particular service or business. For 4,070
FOR purposes of this division, "willfully betraying a 4,072
professional confidence" does not include the making of a report 4,073
of an employee's use of a drug of abuse, or a report of a 4,074
condition of an employee other than one involving the use of a 4,075
drug of abuse, to the employer of the employee as described in 4,076
division (B) of section 2305.33 of the Revised Code, and nothing. 4,077
NOTHING in this division affects the immunity from civil 4,080
liability conferred by that section upon a physician who makes 4,081
either type of report in accordance with division (B) of that 4,082
section. As used in this division, "employee," "employer," and 4,083
"physician" have the same meanings as in section 2305.33 of the 4,084
Revised Code.
(5) Soliciting patients or publishing MAKING a false, 4,086
92
fraudulent, deceptive, or misleading statement IN THE 4,089
SOLICITATION OF OR ADVERTISING FOR PATIENTS; IN RELATION TO THE 4,091
PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 4,092
SURGERY, PODIATRY, OR A LIMITED BRANCH OF MEDICINE; OR IN 4,093
SECURING OR ATTEMPTING TO SECURE ANY CERTIFICATE TO PRACTICE OR 4,094
CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD.
As used in this division, "false, fraudulent, deceptive, or 4,096
misleading statement" means a statement that includes a 4,097
misrepresentation of fact, is likely to mislead or deceive 4,098
because of a failure to disclose material facts, is intended or 4,099
is likely to create false or unjustified expectations of 4,100
favorable results, or includes representations or implications 4,101
that in reasonable probability will cause an ordinarily prudent 4,102
person to misunderstand or be deceived. 4,103
(6) A departure from, or the failure to conform to, 4,105
minimal standards of care of similar practitioners under the same 4,106
or similar circumstances, whether or not actual injury to a 4,107
patient is established; 4,108
(7) Representing, with the purpose of obtaining 4,110
compensation or other advantage for self AS PERSONAL GAIN or for 4,111
any other person, that an incurable disease or injury, or other 4,113
incurable condition, can be permanently cured; 4,114
(8) The obtaining of, or attempting to obtain, money or 4,116
anything of value by fraudulent misrepresentations in the course 4,117
of practice; 4,118
(9) A plea of guilty to, or a judicial finding of guilt 4,120
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 4,121
CONVICTION FOR, a felony; 4,122
(10) Commission of an act that constitutes a felony in 4,124
this state, regardless of the jurisdiction in which the act was 4,125
committed; 4,126
(11) A plea of guilty to, or a judicial finding of guilt 4,128
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 4,129
CONVICTION FOR, a misdemeanor committed in the course of 4,130
93
practice;
(12) Commission of an act IN THE COURSE OF PRACTICE that 4,132
constitutes a misdemeanor in this state, regardless of the 4,134
jurisdiction in which the act was committed, if the act was 4,135
committed in the course of practice;
(13) A plea of guilty to, or a judicial finding of guilt 4,137
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 4,138
CONVICTION FOR, a misdemeanor involving moral turpitude; 4,139
(14) Commission of an act INVOLVING MORAL TURPITUDE that 4,141
constitutes a misdemeanor in this state, regardless of the 4,143
jurisdiction in which the act was committed, if the act involves 4,144
moral turpitude;
(15) Violation of the conditions of limitation placed by 4,146
the board upon a certificate to practice or violation of the 4,147
conditions of limitation upon which a limited or temporary 4,148
registration or certificate to practice is issued; 4,149
(16) Failure to pay license renewal fees specified in this 4,151
chapter; 4,152
(17) Any ENGAGING IN THE division of fees or charges, or 4,154
any agreement or arrangement to share fees or charges, made by 4,156
any person licensed to practice medicine and surgery, osteopathic 4,157
medicine and surgery, or podiatry with any other person so 4,160
licensed, or with any person FOR REFERRAL OF PATIENTS, OR 4,161
RECEIVING ANYTHING OF VALUE IN RETURN FOR A SPECIFIC REFERRAL OF 4,162
A PATIENT TO A PARTICULAR SERVICE OR BUSINESS; 4,163
(18)(a) The violation of any provision of a code of ethics 4,165
of the American medical association, the American osteopathic 4,166
association, the American podiatric medical association, and any 4,167
other national professional organizations as are determined, THAT 4,168
THE BOARD SPECIFIES by rule, by the state medical board. The 4,170
state medical board shall obtain and keep on file current copies 4,171
of the codes of ethics of the various national professional 4,172
organizations. The practitioner INDIVIDUAL whose certificate is 4,173
being suspended or revoked shall not be found to have violated 4,175
94
any provision of a code of ethics of an organization not 4,176
appropriate to the practitioner's INDIVIDUAL'S profession. 4,177
(b) For purposes of this division, a "provision of a code 4,179
of ethics of a national professional organization" does not 4,180
include any provision of a code of ethics of a specified national 4,181
professional organization that would preclude the making of a 4,182
report by a physician of an employee's use of a drug of abuse, or 4,183
of a condition of an employee other than one involving the use of 4,184
a drug of abuse, to the employer of the employee as described in 4,185
division (B) of section 2305.33 of the Revised Code, and nothing. 4,187
NOTHING in this division affects the immunity from civil 4,189
liability conferred by that section upon a physician who makes 4,190
either type of report in accordance with division (B) of that 4,191
section. As used in this division, "employee," "employer," and 4,192
"physician" have the same meanings as in section 2305.33 of the 4,193
Revised Code.
(19) Inability to practice according to acceptable and 4,195
prevailing standards of care by reason of mental illness or 4,196
physical illness, including, but not limited to, physical 4,197
deterioration that adversely affects cognitive, motor, or 4,198
perceptive skills. In 4,199
IN enforcing this division, the board, upon a showing of a 4,202
possible violation, may compel any individual licensed or 4,203
certified AUTHORIZED to practice by this chapter or who has 4,204
applied for licensure or certification SUBMITTED AN APPLICATION 4,205
pursuant to this chapter to submit to a mental or physical 4,207
examination, or both, as required by and at the expense of the 4,208
board. THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF 4,209
THE INDIVIDUAL COMPELLED TO BE EXAMINED. Failure of any 4,210
individual to submit to a mental or physical examination when 4,211
directed constitutes an admission of the allegations against the 4,212
individual unless the failure is due to circumstances beyond the 4,213
individual's control, and a default and final order may be 4,214
entered without the taking of testimony or presentation of 4,215
95
evidence. If the board finds a physician AN INDIVIDUAL unable to 4,216
practice because of the reasons set forth in this division, the 4,218
board shall require the physician INDIVIDUAL to submit to care, 4,220
counseling, or treatment by physicians approved or designated by 4,221
the board, as a condition for initial, continued, reinstated, or 4,222
renewed licensure AUTHORITY to practice. An individual licensed 4,224
by this chapter affected under this division shall be afforded an 4,225
opportunity to demonstrate to the board that the individual can 4,226
THE ABILITY TO resume practice in compliance with acceptable and 4,227
prevailing standards under the provisions of the individual's 4,228
certificate. For the purpose of this division, any individual 4,230
licensed or certified WHO APPLIES FOR OR RECEIVES A CERTIFICATE 4,231
to practice by UNDER this chapter accepts the privilege of 4,232
practicing in this state, and by so doing or by the making and 4,234
filing of a registration or application to practice in this 4,235
state, shall be deemed to have given consent to submit to a 4,236
mental or physical examination when directed to do so in writing 4,237
by the board, and to have waived all objections to the 4,238
admissibility of testimony or examination reports that constitute 4,239
a privileged communication. 4,240
(20) Except as provided in division (B)(27) of this 4,242
section and WHEN CIVIL PENALTIES ARE IMPOSED UNDER section 4,243
4731.225 OR 4731.281 of the Revised Code, violating or attempting 4,245
to violate, directly or indirectly, or assisting in or abetting 4,246
the violation of, or conspiring to violate, any provisions of 4,247
this chapter or any rule promulgated by the board. This 4,248
THIS division does not apply to a violation or attempted 4,250
violation of, assisting in or abetting the violation of, or a 4,251
conspiracy to violate, any provision of this chapter or any rule 4,252
promulgated ADOPTED by the board that would preclude the making 4,253
of a report by a physician of an employee's use of a drug of 4,255
abuse, or of a condition of an employee other than one involving 4,256
the use of a drug of abuse, to the employer of the employee as 4,257
described in division (B) of section 2305.33 of the Revised Code, 4,258
96
and nothing. NOTHING in this division affects the immunity from 4,261
civil liability conferred by that section upon a physician who 4,262
makes either type of report in accordance with division (B) of 4,263
that section. As used in this division, "employee," "employer," 4,264
and "physician" have the same meanings as in section 2305.33 of 4,265
the Revised Code.
(21) The violation of any abortion rule adopted by the 4,267
public health council pursuant to section 3701.341 of the Revised 4,268
Code; 4,269
(22) The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 4,272
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF MEDICINE AND 4,273
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, PODIATRY, OR THE 4,274
LIMITED BRANCHES OF MEDICINE IN ANOTHER STATE, FOR ANY REASON 4,275
OTHER THAN THE NONPAYMENT OF FEES: THE limitation, revocation, 4,277
or suspension by another state of a AN INDIVIDUAL'S license or 4,278
certificate to practice issued by the proper licensing authority 4,280
of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE 4,281
SURRENDER; DENIAL OF A LICENSE; refusal to license, register, 4,283
RENEW or reinstate an applicant by that authority, the A LICENSE; 4,285
imposition of probation by that authority,; or the issuance of an 4,287
order of censure or other reprimand by that authority for any 4,288
reason, other than nonpayment of fees; 4,289
(23) The violation of section 2919.12 of the Revised Code 4,291
or the performance or inducement of an abortion upon a pregnant 4,292
woman with actual knowledge that the conditions specified in 4,293
division (B) of section 2317.56 of the Revised Code have not been 4,294
satisfied or with a heedless indifference as to whether those 4,295
conditions have been satisfied, unless an affirmative defense as 4,296
specified in division (H)(2) of that section would apply in a 4,297
civil action authorized by division (H)(1) of that section; 4,298
(24) The revocation, suspension, restriction, reduction, 4,300
or termination of clinical privileges by the UNITED STATES 4,302
department of defense, or the DEPARTMENT OF veterans 4,303
administration of the United States, for any act or acts that 4,305
97
also would constitute a violation of this chapter AFFAIRS OR THE 4,307
TERMINATION OR SUSPENSION OF A CERTIFICATE OF REGISTRATION TO 4,308
PRESCRIBE DRUGS BY THE DRUG ENFORCEMENT ADMINISTRATION OF THE 4,309
UNITED STATES DEPARTMENT OF JUSTICE; 4,310
(25) Termination or suspension from PARTICIPATION IN THE 4,312
medicare or medicaid programs by the department of health and 4,314
human services or other responsible agency for any act or acts 4,315
that also would constitute a violation of division (B)(2), (3), 4,316
(6), (8), or (19) of this section; 4,317
(26) Impairment of ability to practice according to 4,319
acceptable and prevailing standards of care because of habitual 4,320
or excessive use or abuse of drugs, alcohol, or other substances 4,321
that impair ability to practice. 4,322
For the purposes of this division, any individual licensed 4,324
or certified under AUTHORIZED TO PRACTICE BY this chapter accepts 4,325
the privilege of practicing in this state subject to supervision 4,327
by the board. By filing a registration or AN application for 4,328
licensure or by holding a license or certificate TO PRACTICE 4,330
under this chapter, an individual shall be deemed to have given 4,332
consent to submit to a mental or physical examination when 4,333
ordered to do so by the board in writing, and to have waived all 4,334
objections to the admissibility of testimony or examination 4,335
reports that constitute privileged communications. 4,336
If it has reason to believe that any individual licensed or 4,338
certified under AUTHORIZED TO PRACTICE BY this chapter or any 4,339
applicant for a license or certification TO PRACTICE suffers such 4,341
impairment, the board may compel the individual to submit to a 4,343
mental or physical examination, or both. The EXPENSE OF THE 4,344
examination shall be at IS the expense RESPONSIBILITY of the 4,345
board INDIVIDUAL COMPELLED TO BE EXAMINED. Any mental or 4,347
physical examination required under this division shall be 4,348
undertaken by a treatment provider or physician who is qualified
to conduct the examination and who is chosen by the board. 4,350
Failure of the individual to submit to a mental or physical 4,352
98
examination ordered by the board constitutes an admission of the 4,353
allegations against the individual unless the failure is due to 4,354
circumstances beyond the individual's control, and a default and 4,355
final order may be entered without the taking of testimony or 4,356
presentation of evidence. If the board determines that the 4,357
individual's ability to practice is impaired, the board shall 4,358
suspend the individual's certificate or deny the individual's 4,360
application and shall require the individual, as a condition for 4,361
initial, continued, reinstated, or renewed licensure 4,362
CERTIFICATION to practice, to submit to treatment. 4,364
Before being eligible to apply for reinstatement of a 4,366
license CERTIFICATE suspended under this division, the IMPAIRED 4,368
practitioner shall demonstrate to the board that the practitioner 4,369
can ABILITY TO resume practice in compliance with acceptable and 4,371
prevailing standards of care under the provisions of the 4,372
practitioner's certificate. Such THE demonstration shall 4,373
include, but shall not be limited to, the following: 4,374
(a) Certification from a treatment provider approved under 4,376
section 4731.25 of the Revised Code that the practitioner 4,377
INDIVIDUAL has successfully completed any required inpatient 4,379
treatment;
(b) Evidence of continuing full compliance with an 4,381
aftercare contract or consent agreement; 4,382
(c) Two written reports indicating that the individual's 4,384
ability to practice has been assessed and that the individual has 4,385
been found capable of practicing according to acceptable and 4,386
prevailing standards of care. The reports shall be made by 4,387
individuals or providers approved by the board for making such 4,388
assessments and shall describe the basis for this THEIR 4,389
determination.
The board may reinstate a license CERTIFICATE suspended 4,391
under this division after such demonstration and after the 4,393
individual has entered into a written consent agreement. 4,394
When the impaired practitioner resumes practice after 4,396
99
reinstatement of the practitioner's license, the board shall 4,397
require continued monitoring of the practitioner, which 4,399
INDIVIDUAL. THE MONITORING shall include, but not be limited to, 4,401
compliance with the written consent agreement entered into before 4,402
reinstatement or with conditions imposed by board order after a 4,403
hearing, and, upon termination of the consent agreement, 4,404
submission to the board for at least two years of annual written 4,405
progress reports made under penalty of perjury stating whether 4,406
the practitioner INDIVIDUAL has maintained sobriety. 4,407
(27) A second or subsequent violation of section 4731.66 4,409
or 4731.69 of the Revised Code; 4,410
(28) Except as provided in division (J)(N) of this 4,412
section:
(a) Waiving the payment of all or any part of a deductible 4,415
or copayment that a patient, pursuant to a health insurance or 4,416
health care policy, contract, or plan that covers the 4,417
practitioner's INDIVIDUAL'S services, otherwise would be required 4,418
to pay if the waiver is used as an enticement to a patient or 4,419
group of patients to receive health care services from that 4,420
provider INDIVIDUAL; 4,421
(b) Advertising that the practitioner INDIVIDUAL will 4,423
waive the payment of all or any part of a deductible or copayment 4,425
that a patient, pursuant to a health insurance or health care 4,426
policy, contract, or plan that covers the practitioner's 4,427
INDIVIDUAL'S services, otherwise would be required to pay; 4,429
(29) Failure to use universal blood and body fluid 4,431
precautions established by rules adopted under section 4731.051 4,432
of the Revised Code; 4,433
(30) Failure of a collaborating physician to perform the 4,436
responsibilities agreed to by the physician in the protocol 4,437
established between the physician and an advanced practice nurse 4,438
in accordance with section 4723.56 of the Revised Code; 4,439
(31) Failure to provide notice to, and receive 4,441
acknowledgment of the notice from, a patient when required by 4,443
100
section 4731.143 of the Revised Code prior to providing 4,444
nonemergency professional services, or failure to maintain that 4,445
notice in the patient's file;
(32) Failure of a physician supervising a physician 4,447
assistant to maintain supervision in accordance with the 4,448
requirements of Chapter 4730. of the Revised Code and the rules 4,449
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 4,451
standard care arrangement with a clinical nurse specialist, 4,452
certified nurse-midwife, or certified nurse practitioner with 4,453
whom the physician or podiatrist is in collaboration pursuant to 4,454
section 4731.27 of the Revised Code and practice in accordance 4,455
with the arrangement; 4,456
(34) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 4,458
THE BOARD UNDER DIVISION (F) OF THIS SECTION, INCLUDING FAILURE 4,460
TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR FAILURE 4,461
TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT A 4,462
DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE TO 4,463
COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR 4,464
DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 4,465
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 4,466
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 4,467
IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 4,469
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 4,470
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 4,471
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 4,472
CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF 4,473
A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A 4,474
CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE VOTE OF NOT 4,475
FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE THE 4,476
FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 4,477
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 4,478
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 4,479
101
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 4,480
(D) For purposes of divisions (B)(10), (12), and (14) of 4,482
this section, the commission of the act may be established by a 4,483
finding by the board, pursuant to an adjudication under Chapter 4,485
119. of the Revised Code, that the applicant or certificate 4,486
holder INDIVIDUAL committed the act. The board shall have no 4,487
jurisdiction under these divisions in cases where the trial court 4,488
renders a final judgment in the certificate holder's INDIVIDUAL'S 4,489
favor and that judgment is based upon an adjudication on the 4,491
merits. The board shall have jurisdiction under these divisions 4,492
in cases where the trial court issues an order of dismissal upon 4,493
technical or procedural grounds.
(E) The sealing of conviction records shall have no effect 4,495
upon a prior board order entered under this section or upon the 4,497
board's jurisdiction to take action under this section if a
notice of opportunity for hearing has been issued, based upon 4,500
conviction, a plea of guilty, or a judicial finding of guilt 4,502
prior to the court order, OR A JUDICIAL FINDING OF ELIGIBILITY 4,503
FOR TREATMENT IN LIEU OF CONVICTION, THE BOARD ISSUED A NOTICE OF 4,504
OPPORTUNITY FOR HEARING PRIOR TO THE COURT'S ORDER TO SEAL THE 4,505
RECORDS. THE BOARD SHALL NOT BE REQUIRED TO SEAL, DESTROY, 4,506
REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S 4,507
SEALING OF CONVICTION RECORDS. 4,508
(C)(F)(1) The board shall investigate evidence that 4,510
appears to show that any A person has violated any provision of 4,511
this chapter or any rule adopted under it. Any person may report 4,512
to the board in a signed writing any information that the person 4,514
may have that appears to show a violation of any provision of 4,515
this chapter or any rule adopted under it. In the absence of bad 4,516
faith, any person who reports such information or who testifies 4,517
before the board in any adjudication hearing conducted under 4,518
Chapter 119. of the Revised Code shall not be liable in damages 4,520
in a civil action as a result of the report or testimony. EACH 4,521
Each complaint or allegation of a violation received by the 4,523
102
board shall be assigned a case number and shall be recorded by 4,524
the board. Information received by the board pursuant to an 4,525
investigation shall be confidential and not subject to discovery 4,526
in any civil action. 4,527
(2) Investigations of alleged violations of this chapter 4,529
or any rule adopted under it shall be supervised by the 4,531
supervising member elected by the board in accordance with 4,532
section 4731.02 of the Revised Code and by the secretary as 4,533
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 4,535
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 4,537
participate in further adjudication of the case.
For the purpose of investigation of (3) IN INVESTIGATING a 4,540
possible violation of division (B)(3), (8), (9), (11), or (15) of 4,541
this section, the board may administer oaths, order the taking of 4,542
depositions, issue subpoenas, and compel the attendance of 4,543
witnesses and production of books, accounts, papers, records, 4,544
documents, and testimony. 4,545
In investigating possible violations of all remaining 4,547
divisions of this section and sections of this chapter or any 4,548
rule adopted under this chapter, the board also may administer 4,550
oaths, order the taking of depositions, issue subpoenas, and 4,551
compel the attendance of witnesses and production of books, 4,552
accounts, papers, records, documents, and testimony. However, in 4,553
such instances WHEN ISSUING A SUBPOENA FOR PATIENT RECORD 4,554
INFORMATION, other than for patient records provided to the board 4,555
pursuant to the reporting provisions of division (A) of section 4,556
4731.224 of the Revised Code, a THE subpoena for patient record 4,558
information shall not be issued without consultation with the 4,559
attorney general's office and approval of the secretary of the 4,560
board, the AND supervising member, and a member of the board who 4,562
holds a certificate issued under this chapter authorizing the 4,563
practice of medicine and surgery, osteopathic medicine and 4,565
103
surgery, or podiatry. Before issuance of a subpoena of that 4,566
nature FOR PATIENT RECORD INFORMATION, the three board members 4,567
SECRETARY AND SUPERVISING MEMBER shall determine whether there is 4,569
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it, and that 4,570
the records sought are relevant to the alleged violation and 4,572
material to the investigation. Such THE SUBPOENA MAY APPLY ONLY 4,573
TO records must THAT cover a reasonable period of time 4,574
surrounding the alleged violation. Upon 4,575
ON failure to comply with any subpoena issued by the board 4,578
and after reasonable notice to the person being subpoenaed, the 4,579
board may move for an order compelling the production of persons 4,580
or records pursuant to the Rules of Civil Procedure. Each 4,581
officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 4,583
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 4,584
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 4,586
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 4,587
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 4,588
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PERSON 4,589
WHOSE PRACTICE IS AUTHORIZED BY THIS CHAPTER, SERVICE OF THE 4,590
SUBPOENA MAY BE MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY, 4,591
RETURN RECEIPT REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED 4,592
ON THE DATE DELIVERY IS MADE OR THE DATE THE PERSON REFUSES TO 4,593
ACCEPT DELIVERY.
A SHERIFF'S DEPUTY who serves a subpoena of that nature 4,597
shall receive the same fees as a sheriff, and each. EACH witness 4,598
who appears, BEFORE THE BOARD in obedience to a subpoena, before 4,600
the board, shall receive the fees and mileage provided for 4,601
witnesses in civil cases in the courts of common pleas. 4,602
(4) All hearings and investigations of the board shall be 4,604
considered civil actions for the purposes of section 2305.251 of 4,605
the Revised Code. 4,606
(5) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 4,608
104
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 4,609
CIVIL ACTION. 4,610
The board shall conduct all investigations and proceedings 4,612
in such a manner as to protect patient THAT PROTECTS THE 4,613
confidentiality OF PATIENTS AND PERSONS WHO FILE COMPLAINTS WITH 4,614
THE BOARD. The board shall not make public THE names or ANY 4,616
other identifying information about patients OR COMPLAINANTS 4,617
unless proper consent is given or, IN THE CASE OF A PATIENT, a 4,618
waiver of the patient privilege exists under division (B) of 4,619
section 2317.02 of the Revised Code, except that no such consent 4,620
or A waiver is NOT required if the board possesses reliable and 4,621
substantial evidence that no bona fide physician-patient 4,622
relationship exists. 4,623
(2) In the absence of fraud or bad faith, neither the 4,625
board, nor any current or former member, agent, representative, 4,626
or employee of the board, nor any provider of educational and 4,627
assessment services selected by the board for the quality 4,628
intervention program shall be held liable in damages to any 4,629
person as the result of any act, omission, proceeding, conduct, 4,630
or decision related to official duties undertaken or performed 4,632
pursuant to this chapter. If a current or former member, agent,
representative, or employee of the board or a provider of 4,633
educational and assessment services selected by the board for the 4,634
quality intervention program requests the state to defend against 4,635
any claim or action arising out of any act, omission, proceeding, 4,636
conduct, or decision related to the person's official duties, if 4,637
the request is made in writing at a reasonable time before trial, 4,638
and if the person requesting defense cooperates in good faith in 4,639
the defense of the claim or action, the state shall provide and 4,640
pay for the defense and shall pay any resulting judgment, 4,641
compromise, or settlement. At no time shall the state pay that 4,642
part of a claim or judgment that is for punitive or exemplary 4,643
damages.
(3) On THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES 4,647
105
PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND 4,648
PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND 4,649
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL 4,650
MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER 4,651
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING 4,652
ALLEGED CRIMINAL OFFENSES. A BOARD OR AGENCY THAT RECEIVES THE 4,653
INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING 4,654
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST 4,655
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED
CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE 4,656
BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS 4,657
POSSESSION. THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A 4,658
CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE 4,659
COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE 4,660
THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF 4,661
THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING 4,662
INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY 4,663
WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS 4,664
IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 4,665
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 4,667
(6) ON a quarterly basis, the board shall prepare a report 4,670
that documents the disposition of all cases during the preceding 4,671
three months. The report shall contain the following information 4,672
for each case with which the board has completed its activities: 4,673
(a) The case number assigned to the complaint or alleged 4,675
violation pursuant to division (C)(1) of this section; 4,676
(b) The type of license or certificate to practice, if 4,678
any, held by the individual against whom the complaint is 4,679
directed; 4,680
(c) A description of the allegations contained in the 4,682
complaint; 4,683
(d) The disposition of the case. 4,685
The report shall state how many cases are still pending, 4,687
106
and shall be prepared in such a manner as to protect THAT 4,688
PROTECTS the identity of each person involved in each case. The 4,690
report shall be a public record under section 149.43 of the 4,691
Revised Code.
(D)(G) If the secretary and supervising member determine 4,693
that there is clear and convincing evidence that a certificate 4,694
holder AN INDIVIDUAL has violated division (B) of this section 4,695
and that the certificate holder's INDIVIDUAL'S continued practice 4,696
presents a danger of immediate and serious harm to the public, 4,698
they may recommend that the board suspend the certificate 4,699
holder's INDIVIDUAL'S certificate TO PRACTICE without a prior 4,701
hearing. Written allegations shall be prepared for consideration
by the board members. 4,702
The board, upon review of those allegations and by a AN 4,704
AFFIRMATIVE vote of not fewer than six of its members, excluding 4,706
the secretary and supervising member, may suspend a certificate 4,707
without a prior hearing. A telephone conference call may be 4,708
utilized for reviewing the allegations and taking such a THE vote 4,709
ON THE SUMMARY SUSPENSION. 4,710
The board shall issue a written order of suspension by 4,712
certified mail or in person in accordance with section 119.07 of 4,713
the Revised Code. Such THE order shall not be subject to 4,714
suspension by the court during pendency of any appeal filed under 4,716
section 119.12 of the Revised Code. If the certificate holder 4,717
INDIVIDUAL SUBJECT TO THE SUMMARY SUSPENSION requests an 4,719
adjudicatory hearing by the board, the date set for that THE
hearing shall be within fifteen days, but not earlier than seven 4,720
days, after the certificate holder has requested a INDIVIDUAL 4,721
REQUESTS THE hearing, unless otherwise agreed to by both the 4,723
board and the certificate holder INDIVIDUAL. 4,724
Any summary suspension imposed under this division shall 4,726
remain in effect, unless reversed on appeal, until a final 4,727
adjudicative order issued by the board pursuant to this section 4,728
and Chapter 119. of the Revised Code becomes effective. The 4,729
107
board shall issue its final adjudicative order within sixty days 4,730
after completion of its hearing. A failure to issue the order 4,731
within sixty days shall result in dissolution of the summary 4,732
suspension order, but shall not invalidate any subsequent, final 4,733
adjudicative order. 4,734
(E)(H) If the board takes action under division (B)(9), 4,737
(11), or (13) of this section, and the conviction, judicial
finding of guilt, or guilty plea, OR JUDICIAL FINDING OF 4,738
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION is overturned on 4,739
appeal, upon exhaustion of the criminal appeal, a petition for 4,741
reconsideration of the order may be filed with the board along 4,742
with appropriate court documents. Upon receipt of a petition of 4,743
that nature and supporting court documents, the board shall 4,744
reinstate the petitioner's INDIVIDUAL'S certificate TO PRACTICE. 4,745
The board may then hold an adjudication UNDER CHAPTER 119. OF THE 4,746
REVISED CODE to determine whether the applicant or certificate 4,747
holder INDIVIDUAL committed the act in question. Notice of an 4,749
opportunity for a hearing shall be given in accordance with 4,750
Chapter 119. of the Revised Code. If the board finds, pursuant 4,751
to an adjudication held under this division, that the applicant 4,752
or certificate holder INDIVIDUAL committed the act, or if no 4,754
hearing is requested, it may order any of the sanctions
identified under division (B) of this section. The board shall 4,755
have no jurisdiction under division (B)(10), (12), or (14) of 4,756
this section in cases where the trial court renders a final 4,757
judgment in the certificate holder's favor and that judgment is 4,758
based upon an adjudication on the merits. The board shall have 4,759
jurisdiction under those divisions in cases where the trial court 4,760
issues an order of dismissal upon technical or procedural 4,761
grounds. 4,762
(F)(I)(1) The certificate or license TO PRACTICE issued to 4,765
an individual under this chapter and the individual's practice in 4,767
this state are automatically suspended as of the date the 4,768
individual pleads guilty to, is found by a judge or jury to be 4,770
108
guilty of, or is subject to a judicial finding of eligibility for 4,771
treatment in lieu of conviction for either of the following: 4,772
(1) In IS INDICTED IN this state, FOR aggravated murder, 4,775
murder, voluntary manslaughter, felonious assault, kidnapping, 4,776
rape, sexual battery, gross sexual imposition, aggravated arson, 4,777
aggravated robbery, or aggravated burglary; 4,778
(2) In OR IN another jurisdiction, any FOR A SUBSTANTIALLY 4,781
EQUIVALENT criminal offense substantially equivalent to those 4,782
specified in division (F)(1) of this section. 4,783
Continued. THE SUSPENSION IS EFFECTIVE AS OF THE DATE THE 4,785
INDICTMENT IS RETURNED, OR, IF IT IS SEALED, AS OF THE DATE THE 4,787
INDICTMENT IS FILED AND DOCKETED BY NAME. THE INDIVIDUAL SUBJECT 4,789
TO THE SUSPENSION IS NOT ENTITLED TO A HEARING UNDER CHAPTER 119. 4,791
OF THE REVISED CODE, BUT MAY REQUEST THAT THE BOARD MODIFY OR 4,794
TERMINATE THE SUSPENSION DURING THE PENDENCY OF THE INDIVIDUAL'S 4,795
CRIMINAL PROCEEDINGS. A REQUEST FOR MODIFICATION OR TERMINATION 4,796
MAY BE SUBMITTED NOT LATER THAN FIFTEEN DAYS AFTER THE EFFECTIVE 4,797
DATE OF THE SUSPENSION. THE REQUEST SHALL INCLUDE A WRITTEN 4,798
STATEMENT FROM THE INDIVIDUAL AND CORROBORATING WRITTEN 4,799
DOCUMENTATION AND AFFIDAVITS FOR THE BOARD TO CONSIDER. UNLESS 4,800
THE SUSPENSION IS MODIFIED OR TERMINATED, CONTINUED practice 4,802
after suspension of the individual's certificate or license shall 4,803
be considered practicing without a certificate or license. The 4,804
IN REVIEWING A REQUEST FOR MODIFICATION OR TERMINATION OF A 4,807
SUSPENSION, THE BOARD SHALL CONSIDER THE INDIVIDUAL'S INDICTMENT 4,808
TO BE CLEAR AND CONVINCING EVIDENCE THAT THE INDIVIDUAL'S 4,809
CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE AND SERIOUS 4,810
HARM TO THE PUBLIC, BUT THE BOARD MAY, BY AN AFFIRMATIVE VOTE OF 4,811
A MAJORITY OF ITS MEMBERS, MODIFY OR TERMINATE THE SUSPENSION IF 4,812
IT DETERMINES THAT EXTENUATING CIRCUMSTANCES EXIST. THE BOARD 4,813
MAY USE A TELEPHONE CONFERENCE CALL TO REVIEW AND VOTE ON THE 4,814
REQUEST. THE BOARD'S DETERMINATION IS NOT SUBJECT TO APPEAL 4,815
UNDER CHAPTER 119. OF THE REVISED CODE OR IN ANY COURT. 4,818
(2) THE board shall notify the individual subject to the 4,822
109
suspension by certified mail or in person in accordance with 4,823
section 119.07 of the Revised Code. If an individual whose 4,824
certificate or license is suspended under this division fails to 4,825
make a timely request for an adjudicatory hearing THE NOTICE 4,827
SHALL INFORM THE INDIVIDUAL OF ALL OF THE FOLLOWING: 4,828
(a) THAT THE INDIVIDUAL'S CERTIFICATE TO PRACTICE WILL 4,830
REMAIN SUSPENDED DURING THE PENDENCY OF THE INDIVIDUAL'S CRIMINAL 4,831
PROCEEDINGS, UNLESS THE BOARD MODIFIES OR TERMINATES THE 4,832
SUSPENSION BASED ON A DETERMINATION THAT EXTENUATING 4,833
CIRCUMSTANCES EXIST; 4,834
(b) THE PROCEDURE TO BE FOLLOWED IN SUBMITTING A REQUEST 4,837
FOR THE BOARD TO CONSIDER WHETHER EXTENUATING CIRCUMSTANCES 4,838
EXIST;
(c) THAT IF THE CRIMINAL PROCEEDINGS RESULT IN ACQUITTAL 4,841
OR DISMISSAL OF THE CHARGES, THE INDIVIDUAL IS RESPONSIBLE FOR 4,842
CAUSING THE COURT OR THE CLERK OF THE COURT TO PROVIDE THE BOARD 4,843
WITH A CERTIFIED COPY OF THE COURT'S ENTRY OF ACQUITTAL OR 4,844
DISMISSAL;
(d) THAT IF THE INDIVIDUAL PLEADS GUILTY OR IS SUBJECT TO 4,847
A JUDICIAL FINDING OF GUILT AND DOES NOT MAKE A TIMELY REQUEST 4,848
FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, THE 4,849
BOARD WILL PERMANENTLY REVOKE THE INDIVIDUAL'S CERTIFICATE TO 4,850
PRACTICE.
(3) THE BOARD, ON BEING SATISFIED THAT AN INDIVIDUAL 4,852
SUBJECT TO SUSPENSION WAS ACQUITTED OR THAT THE CHARGES WERE 4,853
DISMISSED, SHALL LIFT THE SUSPENSION AND REFLECT IN ITS RECORDS 4,854
THAT THE SUSPENSION TERMINATED AS OF THE DATE OF THE COURT'S 4,855
ENTRY OF ACQUITTAL OR DISMISSAL. 4,856
IF THE INDIVIDUAL PLEADS GUILTY OR IS SUBJECT TO A JUDICIAL 4,859
FINDING OF GUILT, AND A TIMELY REQUEST FOR AN ADJUDICATION UNDER 4,860
CHAPTER 119. OF THE REVISED CODE IS MADE, THE BOARD SHALL CONDUCT 4,863
THE ADJUDICATION. IF A TIMELY REQUEST IS NOT MADE, the board 4,864
shall enter a final order revoking the INDIVIDUAL'S certificate 4,865
or license TO PRACTICE.
110
(G)(J) If the board is required by Chapter 119. of the 4,868
Revised Code to give notice of an opportunity for a hearing and 4,869
if the applicant or certificate holder INDIVIDUAL SUBJECT TO THE 4,870
NOTICE does not timely request a hearing in accordance with 4,871
section 119.07 of the Revised Code, the board is not required to 4,873
hold a hearing, but may adopt, by a AN AFFIRMATIVE vote of not 4,874
fewer than six of its members, a final order that contains the 4,875
board's findings. In that final order, the board may order any 4,876
of the sanctions identified under division (A) OR (B) of this 4,878
section.
(H)(K) Any action taken by the board under division (B) of 4,880
this section resulting in a suspension from practice shall be 4,881
accompanied by a written statement of the conditions under which 4,882
the INDIVIDUAL'S certificate holder TO PRACTICE may be reinstated 4,884
to practice. The board shall adopt rules governing conditions to 4,885
be imposed for reinstatement. Reinstatement of a certificate 4,886
suspended pursuant to division (B) of this section requires an 4,887
affirmative vote of not fewer than six members of the board. 4,888
(I)(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE TO AN 4,891
APPLICANT, REVOKES AN INDIVIDUAL'S CERTIFICATE TO PRACTICE, 4,893
REFUSES TO REGISTER AN APPLICANT, OR REFUSES TO REINSTATE AN 4,894
INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD MAY SPECIFY THAT 4,895
ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A PERMANENT 4,896
ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER INELIGIBLE TO 4,897
HOLD A CERTIFICATE TO PRACTICE AND THE BOARD SHALL NOT ACCEPT AN 4,898
APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE 4,899
OF A NEW CERTIFICATE.
(M) Notwithstanding any other provision of the Revised 4,901
Code, no ALL OF THE FOLLOWING APPLY: 4,902
(1) THE surrender of a license or certificate issued under 4,904
this chapter shall NOT be effective unless or until accepted by 4,906
the board. Reinstatement of a certificate surrendered to the 4,907
board requires an affirmative vote of not fewer than six members 4,908
of the board.
111
Notwithstanding any other provision of the Revised Code, no 4,910
(2) AN application for a license or certificate made under 4,913
the provisions of this chapter may NOT be withdrawn without 4,915
approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 4,918
REGISTRATION IN ACCORDANCE WITH THIS CHAPTER SHALL NOT REMOVE OR
LIMIT THE BOARD'S JURISDICTION TO TAKE ANY DISCIPLINARY ACTION 4,920
UNDER THIS SECTION AGAINST THE INDIVIDUAL. 4,921
(J)(N) Sanctions shall not be imposed under division 4,923
(B)(28) of this section against any person who waives deductibles 4,925
and copayments as follows:
(1) In compliance with the health benefit plan that 4,927
expressly allows such a practice. Waiver of the deductibles or 4,928
copayments shall be made only with the full knowledge and consent 4,929
of the plan purchaser, payer, and third-party administrator. 4,930
Documentation of the consent shall be made available to the board 4,931
upon request.
(2) For professional services rendered to any other person 4,933
authorized to practice pursuant to this chapter, to the extent 4,935
allowed by this chapter and rules adopted by the board. 4,936
(K)(O) Under the board's investigative duties described in 4,938
this section and subject to division (C)(F) of this section, the 4,940
board shall develop and implement a quality intervention program 4,942
designed to improve physicians' clinical and communication skills 4,943
through remedial education THE CLINICAL AND COMMUNICATION SKILLS 4,944
OF INDIVIDUALS AUTHORIZED UNDER THIS CHAPTER TO PRACTICE MEDICINE 4,945
AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, AND PODIATRY. In 4,946
developing and implementing the quality intervention program, the 4,947
board may do all of the following: 4,948
(1) Offer in appropriate cases as determined by the board 4,950
an educational and assessment program to physicians pursuant to 4,951
an investigation the board conducts under this section; 4,953
(2) Select providers of educational and assessment 4,955
services for physicians, including a quality intervention program 4,956
112
panel of case reviewers; 4,957
(3) Refer physicians MAKE REFERRALS to educational and 4,959
assessment service providers and approve individual educational 4,961
programs recommended by those providers. The board shall monitor 4,962
the progress of each physician INDIVIDUAL undertaking an A 4,963
RECOMMENDED INDIVIDUAL educational program of that nature. 4,964
(4) Determine WHAT CONSTITUTES successful completion of an 4,966
INDIVIDUAL educational program undertaken by a referred physician 4,968
and require further monitoring of a physician THE INDIVIDUAL WHO 4,969
COMPLETED THE PROGRAM or other action that the board determines 4,970
to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 4,972
Revised Code to further implement the quality intervention 4,974
program.
A physician AN INDIVIDUAL who participates in an individual 4,976
educational program pursuant to this division shall pay the 4,978
financial obligations arising from that educational program. 4,979
Sec. 4731.221. If the state medical board has reason to 4,988
believe that any person who has been granted a certificate under 4,989
Chapter 4731. of the Revised Code is mentally ill or mentally 4,990
incompetent, it may file in the probate court of the county in 4,991
which such person has a legal residence an affidavit in the form 4,992
prescribed in section 5122.11 of the Revised Code and signed by 4,993
the board secretary or a member of his THE BOARD SECRETARY'S 4,994
staff, whereupon the same proceedings shall be had as provided in 4,996
Chapter 5122. of the Revised Code. The attorney general may 4,997
represent the board in any proceeding commenced under this 4,998
section.
If any person who has been granted a certificate is 5,000
adjudged by a probate court to be mentally ill or mentally 5,001
incompetent, his THE PERSON'S certificate shall be automatically 5,002
suspended until such person has filed with the state medical 5,004
board a certified copy of an adjudication by a probate court of 5,005
his THE PERSON'S subsequent restoration to competency or has 5,007
113
submitted to such board proof, satisfactory to the board, that he 5,008
THE PERSON has been discharged as having a restoration to 5,010
competency in the manner and form provided in section 5122.38 of 5,011
the Revised Code. The judge of such court shall forthwith notify 5,012
the state medical board of an adjudication of incompetence, and 5,013
shall note any suspension of a certificate in the margin of the 5,014
court's record of such certificate. In the absence of fraud or 5,015
bad faith, neither the state medical board nor any member, agent, 5,016
representative, or employee thereof shall be held liable in 5,017
damages by any person by reason of the filing of the affidavit 5,018
referred to in this section. 5,019
Sec. 4731.222. Before restoring to good standing a 5,028
certificate issued under this chapter that has been in a 5,029
suspended or inactive state for any cause for more than two 5,030
years, or before issuing a certificate pursuant to section 5,031
4731.18, 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised 5,033
Code to an applicant who for more than two years has not been
engaged in the practice of medicine, osteopathic medicine, or 5,035
podiatry, OR A LIMITED BRANCH OF MEDICINE as an active 5,036
practitioner, as a participant in a postgraduate training program 5,038
approved by the state medical board, or PROGRAM OF GRADUATE 5,039
MEDICAL EDUCATION, AS DEFINED IN SECTION 4731.091 OF THE REVISED 5,040
CODE, as a student in good standing at a medical or osteopathic 5,041
school or A college of podiatry approved DETERMINED by the board 5,042
TO BE IN GOOD STANDING, OR AS A STUDENT IN A SCHOOL, COLLEGE, OR 5,043
INSTITUTION GIVING INSTRUCTION IN A LIMITED BRANCH OF MEDICINE 5,044
DETERMINED BY THE BOARD TO BE IN GOOD STANDING UNDER SECTION
4731.19 OF THE REVISED CODE, the state medical board may require 5,046
the applicant to pass an oral or written examination, or both, to 5,047
determine the applicant's present fitness to resume practice. 5,048
The authority of the board to impose terms and conditions 5,050
includes the following: 5,051
(A) Requiring the applicant to obtain additional training 5,053
and to pass an examination upon completion of such training; 5,054
114
(B) Restricting or limiting the extent, scope, or type of 5,056
practice of the applicant. 5,057
The board shall consider the moral background and the 5,059
activities of the applicant during the period of suspension or 5,060
inactivity, in accordance with section 4731.08 of the Revised 5,061
Code. 5,062
Sec. 4731.223. (A) As used in this section, "prosecutor" 5,071
has the same meaning as in section 2935.01 of the Revised Code. 5,072
(B) Whenever any person holding a valid certificate issued 5,074
pursuant to this chapter is convicted of or pleads guilty to, IS 5,076
SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A 5,077
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of 5,078
the Revised Code or of any substantively comparable ordinance of 5,080
a municipal corporation in connection with the person's practice, 5,081
the prosecutor in the case, on forms prescribed and provided by 5,083
the state medical board, shall promptly notify the board of the 5,084
conviction or guilty plea. Within thirty days of receipt of that 5,085
information, the board shall initiate action in accordance with 5,087
Chapter 119. of the Revised Code to determine whether to suspend 5,088
or revoke the certificate under section 4731.22 of the Revised 5,089
Code.
(C) The prosecutor in any case against any person holding 5,091
a valid certificate issued pursuant to this chapter, on forms 5,093
prescribed and provided by the state medical board, shall notify
the board of any of the following: 5,094
(1) A plea of guilty to, or a finding of guilt by a jury 5,096
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 5,098
LIEU OF CONVICTION FOR a felony, or a case in which the trial 5,100
court issues an order of dismissal upon technical or procedural 5,101
grounds of a felony charge; 5,102
(2) A plea of guilty to, or a finding of guilt by a jury 5,105
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 5,107
LIEU OF CONVICTION FOR a misdemeanor committed in the course of 5,109
115
practice, or a case in which the trial court issues an order of 5,110
dismissal upon technical or procedural grounds of a charge of a 5,112
misdemeanor, if the alleged act was committed in the course of 5,113
practice;
(3) A plea of guilty to, or a finding of guilt by a jury 5,115
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 5,117
LIEU OF CONVICTION FOR a misdemeanor involving moral turpitude, 5,119
or a case in which the trial court issues an order of dismissal 5,120
upon technical or procedural grounds of a charge of a misdemeanor 5,122
involving moral turpitude. 5,123
The report shall include the name and address of the 5,125
certificate holder, the nature of the offense for which the 5,126
action was taken, and the certified court documents recording the 5,127
action. 5,128
Sec. 4731.224. (A) Within sixty days after the completion 5,137
IMPOSITION of any formal disciplinary procedure ACTION taken by 5,139
any HEALTH CARE FACILITY, INCLUDING A hospital or, HEALTH CARE 5,140
FACILITY OPERATED BY A HEALTH INSURING CORPORATION, ambulatory 5,141
surgical center, OR SIMILAR FACILITY, against any person 5,142
INDIVIDUAL holding a valid certificate TO PRACTICE issued 5,144
pursuant to this chapter, the chief administrator or executive 5,145
officer of the facility shall report to the STATE MEDICAL board 5,146
the name of the certificate holder INDIVIDUAL, the action taken 5,147
by the facility, and a summary of the underlying facts leading to 5,148
the action taken. Upon request, the board shall be provided 5,149
CERTIFIED copies of the patient records minus patient identifiers 5,150
which THAT were the basis for the facility's action. Prior to 5,151
release to the board, the summary shall be approved by the peer 5,152
review committee which THAT reviewed the case or by the governing 5,153
board of the facility. As used in this division, "formal 5,155
disciplinary procedure ACTION" means any procedure ACTION 5,156
resulting in the revocation, restriction, reduction, or 5,158
termination of clinical privileges for violations of professional 5,159
ethics, or for reasons of medical incompetence, medical 5,160
116
malpractice, or drug or alcohol abuse. "FORMAL DISCIPLINARY 5,161
ACTION" INCLUDES A SUMMARY ACTION, AN ACTION THAT TAKES EFFECT 5,162
NOTWITHSTANDING ANY APPEAL RIGHTS THAT MAY EXIST, AND AN ACTION 5,163
THAT RESULTS IN AN INDIVIDUAL SURRENDERING CLINICAL PRIVILEGES 5,164
WHILE UNDER INVESTIGATION AND DURING PROCEEDINGS REGARDING THE 5,165
ACTION BEING TAKEN OR IN RETURN FOR NOT BEING INVESTIGATED OR 5,166
HAVING PROCEEDINGS HELD. "Formal disciplinary procedure ACTION" 5,167
does not include any action taken for the sole reason of failure 5,169
to maintain records on a timely basis or failure to attend staff 5,170
or section meetings.
The filing or nonfiling of a report with the board, 5,172
investigation by the board, or any disciplinary action taken by 5,173
the board, shall not preclude any action by a health care 5,174
facility or professional society to suspend, restrict, or revoke 5,175
the INDIVIDUAL'S CLINICAL privileges or membership of such 5,176
physician. 5,177
(B) If any individual authorized to practice under this 5,180
chapter or any, PROFESSIONAL association or society of SUCH 5,181
individuals authorized to practice under this chapter, OR HEALTH 5,182
CARE FACILITY believes that a violation of any provision of this 5,183
chapter, Chapter 4730. of the Revised Code, or any rule of the 5,184
board has occurred, the individual, association ORGANIZATION, or 5,185
society FACILITY shall report to the board the information upon 5,186
which the belief is based. This division does not require any 5,187
person or organization that is a treatment provider approved by 5,188
the board under section 4731.25 of the Revised Code or any 5,191
employee, agent, or representative of such a provider to make 5,192
reports with respect to a AN IMPAIRED practitioner participating 5,193
in treatment or aftercare so FOR SUBSTANCE ABUSE AS long as the 5,194
practitioner maintains participation in accordance with the 5,195
requirements of section 4731.25 of the Revised Code, and so AS 5,196
long as the association, society, or individual TREATMENT 5,197
PROVIDER OR EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER 5,198
has no reason to believe that the practitioner has violated any 5,199
117
provision of this chapter or any rule adopted under it, other 5,200
than the provisions of division (B)(26) of section 4731.22 of the 5,203
Revised Code. This division does not require reporting by any 5,204
member of an impaired practitioner committee established by a 5,205
hospital HEALTH CARE FACILITY or by any representative or agent 5,206
of a committee or program sponsored by a professional association 5,207
OR SOCIETY of individuals authorized to practice under this 5,208
chapter to provide peer assistance to practitioners with 5,210
substance abuse problems with respect to a practitioner who has 5,211
been referred for examination to a treatment program approved by 5,212
the board under section 4731.25 of the Revised Code if the 5,213
practitioner cooperates with the referral for examination and 5,214
with any determination that the physician assistant PRACTITIONER 5,215
should enter treatment and so AS long as the committee member, 5,216
representative, or agent has no reason to believe that the 5,217
practitioner has ceased to participate in the treatment program 5,218
in accordance with section 4731.25 of the Revised Code or has 5,219
violated any provision of this chapter or any rule adopted under 5,221
it, other than the provisions of division (B)(26) of section 5,223
4731.22 of the Revised Code.
(C) Any professional ASSOCIATION OR society composed 5,225
primarily of doctors of medicine and surgery, doctors of 5,227
osteopathic medicine and surgery, or doctors of podiatry, OR 5,228
PRACTITIONERS OF LIMITED BRANCHES OF MEDICINE that suspends or 5,229
revokes an individual's membership in that society for violations 5,230
of professional ethics, or for reasons of professional 5,231
incompetence or professional malpractice, within sixty days after 5,232
a final decision shall report to the board, on forms prescribed 5,233
and provided by the board, the name of the member INDIVIDUAL, the 5,235
action taken by the society PROFESSIONAL ORGANIZATION, and a
summary of the underlying facts leading to the action taken. 5,237
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO 5,239
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY 5,240
ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL 5,241
118
ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN 5,242
INDIVIDUAL.
(D) Any insurer providing professional liability insurance 5,244
to any person holding a valid certificate issued pursuant to AN 5,245
INDIVIDUAL AUTHORIZED TO PRACTICE UNDER this chapter, or any 5,246
other entity that seeks to indemnify the professional liability 5,247
of any person holding a valid certificate issued pursuant to this 5,248
chapter SUCH AN INDIVIDUAL, shall notify the board within thirty 5,249
days after the final disposition of any written claim for damages 5,250
where such disposition results in a payment which exceeds 5,251
EXCEEDING twenty-five thousand dollars. Such THE notice shall 5,252
contain the following information: 5,253
(1) The name and address of the person submitting the 5,255
notification; 5,256
(2) The name and address of the insured who is the subject 5,258
of the claim; 5,259
(3) The name of the person filing the written claim; 5,261
(4) The date of final disposition; 5,263
(5) If applicable, the identity of the court in which the 5,265
final disposition of the claim took place. 5,266
(E) On the basis of the reporting provisions in this 5,268
section, the THE board may investigate possible violations of 5,269
this chapter or a rule THE RULES adopted under it. The board may 5,270
also investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF 5,271
THE REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD 5,273
SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES 5,274
repeated malpractice. As used in this division, "repeated 5,276
malpractice" is MEANS three or more claims for medical 5,277
malpractice within the previous A five-year period, each 5,279
resulting in a judgment or settlement in excess of twenty-five 5,280
thousand dollars in favor of the claimant, and each involving 5,281
negligent conduct by the physician PRACTICING INDIVIDUAL. 5,282
(F) All summaries, reports, and records received and 5,284
maintained by the board pursuant to this section shall be held in 5,285
119
confidence and shall not be subject to discovery or introduction 5,286
in evidence in any federal or state civil action involving a 5,287
health care professional or facility arising out of matters which 5,288
THAT are the subject of such THE reporting to the board REQUIRED 5,290
BY THIS SECTION. The board may only use the information obtained 5,291
ONLY as the basis for an investigation, as evidence in a 5,292
disciplinary hearing against the certificate holder AN INDIVIDUAL 5,293
WHOSE PRACTICE IS REGULATED UNDER THIS CHAPTER, or in any
subsequent trial or appeal of a board action or order. 5,295
The board may only disclose the summaries and reports which 5,297
it receives under this section ONLY to hospital HEALTH CARE 5,298
FACILITY committees within or outside Ohio which THIS STATE THAT 5,300
are involved in credentialling CREDENTIALING or recredentialling 5,301
RECREDENTIALING the certificate holder INDIVIDUAL or in reviewing 5,302
his THE INDIVIDUAL'S clinical privileges. The board shall 5,303
indicate whether or not the information has been verified. 5,304
Information thus transmitted by the board shall be subject to the 5,305
same confidentiality provisions as when maintained by the board. 5,306
(G) Except for reports filed by an individual pursuant to 5,309
division (B) of this section, THE BOARD SHALL SEND a copy of any 5,310
reports or summaries received by the board IT RECEIVES pursuant 5,311
to this section shall be sent to the certificate holder by the 5,312
board INDIVIDUAL WHO IS THE SUBJECT OF THE REPORTS OR SUMMARIES. 5,313
The certificate holder INDIVIDUAL shall have the right to file a 5,314
statement with the board concerning the correctness or relevance 5,315
of the information. Such THE statement shall at all times 5,316
accompany that part of the record in contention. 5,317
(H) Any person, health care facility, association, 5,319
society, AN INDIVIDUAL or insurer who ENTITY THAT, pursuant to 5,321
this section, reports to the board or who refers an impaired 5,322
practitioner to a treatment provider approved by the board under 5,323
section 4731.25 of the Revised Code shall not be subject to suit 5,324
for civil damages as a result of the report, referral, or 5,326
provision of the information.
120
(I) In the absence of fraud or bad faith, no professional 5,328
association OR SOCIETY of individuals authorized to practice 5,329
under this chapter that sponsors a committee or program to 5,331
provide peer assistance to practitioners with substance abuse 5,332
problems, no representative or agent of such a committee or 5,333
program, and no member of the state medical board shall be held 5,334
liable in damages to any person by reason of actions taken to 5,335
refer a practitioner to a treatment provider approved under 5,336
section 4731.25 of the Revised Code for examination or treatment. 5,337
Sec. 4731.225. If the holder of a certificate ISSUED under 5,347
this chapter violates division (A), (B), or (C) of section 5,348
4731.66 or section 4731.69 of the Revised Code, or if any other 5,349
person violates division (B) or (C) of section 4731.66 or section 5,351
4731.69 of the Revised Code, the state medical board, pursuant to
an adjudication hearing conducted in accordance with UNDER 5,352
Chapter 119. of the Revised Code and a AN AFFIRMATIVE vote of not 5,353
fewer than six of its members, shall: 5,354
(A) For a first violation, impose a civil penalty of not 5,356
more than five thousand dollars; 5,357
(B) For each subsequent violation, impose a civil penalty 5,359
of not more than twenty thousand dollars and, if the violator is 5,360
a certificate holder, proceed under division (B)(27) of section 5,361
4731.22 of the Revised Code.
Sec. 4731.25. The state medical board, in accordance with 5,370
Chapter 119. of the Revised Code, shall adopt and may amend and 5,371
rescind rules establishing standards for approval of physicians 5,372
and facilities as treatment providers for impaired practitioners 5,373
who are regulated under this chapter or Chapter 4730. of the 5,374
Revised Code. The rules shall include standards for both 5,375
inpatient and outpatient treatment. The rules shall provide that 5,376
in order to be approved, a treatment provider must have the 5,377
capability of making an initial examination to determine what 5,378
type of treatment an impaired practitioner requires. Subject to 5,379
the rules, the board shall review and approve treatment providers 5,380
121
on a regular basis. The board, at its discretion, may withdraw 5,381
or deny approval subject to the rules. 5,382
An approved impaired practitioner treatment provider shall: 5,384
(A) Report to the board the name of any practitioner 5,386
suffering or showing evidence of suffering impairment as 5,387
described in division (B)(6)(5) of section 4730.25 of the Revised 5,389
Code or division (B)(26) of section 4731.22 of the Revised Code 5,391
who fails to comply within one week with a referral for
examination; 5,392
(B) Report to the board the name of any impaired 5,394
practitioner who fails to enter treatment within forty-eight 5,395
hours following the provider's determination that the 5,396
practitioner needs treatment; 5,397
(C) Require every practitioner who enters treatment to 5,399
agree to a treatment contract establishing the terms of treatment 5,400
and aftercare, including any required supervision or restrictions 5,401
of practice during treatment or aftercare; 5,402
(D) Require a practitioner to suspend practice upon entry 5,404
into any required inpatient treatment; 5,405
(E) Report to the board any failure by an impaired 5,407
practitioner to comply with the terms of the treatment contract 5,408
during inpatient or outpatient treatment or aftercare; 5,409
(F) Report to the board the resumption of practice of any 5,411
impaired practitioner before the treatment provider has made a 5,412
clear determination that the practitioner is capable of 5,413
practicing according to acceptable and prevailing standards of 5,414
care; 5,415
(G) Require a practitioner who resumes practice after 5,417
completion of treatment to comply with an aftercare contract that 5,418
meets the requirements of rules adopted by the board for approval 5,419
of treatment providers; 5,420
(H) Report the identity of any practitioner practicing 5,422
under the terms of an aftercare contract to hospital 5,423
administrators, medical chiefs of staff, and chairpersons of 5,424
122
impaired practitioner committees of all health care institutions 5,426
at which the practitioner holds clinical privileges or otherwise 5,427
practices. If the practitioner does not hold clinical privileges 5,429
at any health care institution, the treatment provider shall 5,430
report the practitioner's identity to the impaired physicians 5,431
PRACTITIONER committee of the county medical society, osteopathic 5,432
academy, or podiatric medical association in every county in 5,433
which the practitioner practices. If there are no impaired 5,434
physicians PRACTITIONER committees in the county, the treatment 5,436
provider shall report the practitioner's identity to the 5,437
president or other designated member of the county medical 5,438
society, osteopathic academy, or podiatric medical association. 5,439
(I) Report to the board the identity of any practitioner 5,441
who suffers a relapse at any time during or following aftercare. 5,442
Any individual authorized to practice under this chapter 5,445
who enters into treatment by an approved treatment provider shall 5,446
be deemed to have waived any confidentiality requirements that 5,447
would otherwise prevent the treatment provider from making 5,448
reports required under this section. 5,449
In the absence of fraud or bad faith, no person or 5,451
organization that conducts an approved impaired practitioner 5,452
treatment program, no member of such an organization, and no 5,454
employee, representative, or agent of the treatment provider 5,455
shall be held liable in damages to any person by reason of 5,456
actions taken or recommendations made by the treatment provider 5,457
or its employees, representatives, or agents.
Sec. 4731.281. (A) On or before the deadline established 5,468
under division (B) of this section for applying for renewal of a 5,470
certificate of registration FIRST DAY OF JULY OF EACH
EVEN-NUMBERED YEAR, each person holding a certificate under this 5,472
chapter to practice medicine and surgery, osteopathic medicine 5,473
and surgery, or podiatry shall certify to the state medical board 5,474
that in the preceding two years the person has completed one 5,475
hundred hours of continuing medical education. The certification 5,477
123
shall be made upon the application for BIENNIAL registration 5,478
furnished by the board SUBMITTED pursuant to DIVISION (B) OF this 5,480
section. For purposes of meeting this requirement, THE BOARD 5,482
SHALL ADOPT RULES PROVIDING FOR PRO RATA REDUCTIONS BY MONTH OF 5,484
THE NUMBER OF HOURS OF CONTINUING EDUCATION REQUIRED FOR PERSONS 5,485
WHO ARE IN THEIR FIRST REGISTRATION PERIOD, WHO HAVE BEEN 5,486
DISABLED DUE TO ILLNESS OR ACCIDENT, OR WHO HAVE BEEN ABSENT FROM 5,487
THE COUNTRY.
IN DETERMINING WHETHER A COURSE, PROGRAM, OR ACTIVITY 5,489
QUALIFIES FOR CREDIT AS CONTINUING MEDICAL EDUCATION, THE BOARD 5,490
SHALL APPROVE all continuing medical education taken by persons 5,492
holding a certificate to practice medicine and surgery shall be 5,493
THAT IS certified by the Ohio state medical association and 5,494
approved by the board;, all continuing medical education taken by 5,495
persons holding a certificate to practice osteopathic medicine 5,496
and surgery shall be THAT IS certified by the Ohio osteopathic 5,497
association and approved by the board;, and all continuing 5,498
medical education taken by persons holding a certificate to 5,500
practice podiatry shall be THAT IS certified by the Ohio 5,501
podiatric medical association and approved by the board. The 5,503
board shall adopt rules providing for pro rata adjustments by 5,504
month of the hours of continuing education required by this 5,506
section for persons who are in their first registration period, 5,507
who have a registration period of less than two years due to 5,508
initial implementation of the staggered renewal schedule 5,509
established under division (B) of this section, who have been 5,510
disabled due to illness or accident, or who have been absent from 5,511
the country. Each person holding a certificate to practice under 5,512
this chapter shall be given sufficient choice of continuing 5,513
education programs to ensure that the person has had a reasonable 5,514
opportunity to participate in continuing education programs that 5,516
are relevant to the person's medical practice in terms of subject 5,518
matter and level. The
THE board may require a random sample of persons holding a 5,521
124
certificate to practice under this chapter to submit materials 5,522
documenting completion of the continuing medical education 5,523
requirement during the preceding registration period, but this 5,524
provision shall not limit the board's authority to investigate 5,525
pursuant to section 4731.22 of the Revised Code. 5,526
(B)(1) Every person holding a certificate under this 5,528
chapter to practice medicine and surgery, osteopathic medicine 5,529
and surgery, or podiatry wishing to renew that certificate shall 5,530
apply to the board for a certificate of registration upon an 5,532
application furnished by the board, and pay TO THE BOARD AT THE 5,533
TIME OF APPLICATION a fee of two hundred seventy-five dollars to 5,534
the board, according to the following schedule: 5,535
(a) Persons whose last name begins with the letters "A" 5,537
through "B," on or before April 1, 2001, and the first day of 5,538
April of every odd-numbered year thereafter; 5,539
(b) Persons whose last name begins with the letters "C" 5,541
through "D," on or before January 1, 2001, and the first day of 5,542
January of every odd-numbered year thereafter; 5,543
(c) Persons whose last name begins with the letters "E" 5,546
through "G," on or before October 1, 2000, and the first day of 5,549
October of every even-numbered year thereafter; 5,550
(d) Persons whose last name begins with the letters "H" 5,553
through "K," on or before July 1, 2000, and the first day of July 5,556
of every even-numbered year thereafter; 5,557
(e) Persons whose last name begins with the letters "L" 5,560
through "M," on or before April 1, 2000, and the first day of 5,563
April of every even-numbered year thereafter; 5,564
(f) Persons whose last name begins with the letters "N" 5,567
through "R," on or before January 1, 2000, and the first day of 5,570
January of every even-numbered year thereafter; 5,571
(g) Persons whose last name begins with the letter "S," on 5,574
or before October 1, 1999, and the first day of October of every 5,576
odd-numbered year thereafter; 5,577
(h) Persons whose last name begins with the letters "T" 5,580
125
through "Z," on or before July 1, 1999, and the first day of July 5,581
of every odd-numbered year thereafter. 5,582
The board shall deposit the fee in accordance with section 5,585
4731.24 of the Revised Code, except that, until July 30, 2001, 5,587
the board shall deposit twenty dollars of the fee into the state 5,588
treasury to the credit of the physician loan repayment fund 5,589
created by section 3702.78 of the Revised Code. 5,590
The board shall assess a penalty of twenty-five dollars for 5,593
late applications. The board shall deposit penalties in 5,594
accordance with section 4731.24 of the Revised Code. 5,595
(2) The board shall mail or cause to be mailed to every 5,598
person registered to practice medicine and surgery, osteopathic 5,599
medicine and surgery, or podiatry, an application for 5,600
registration addressed to the PERSON'S last known post-office 5,601
address of such person or may cause such THE application to be 5,603
sent to such THE person through the secretary of any recognized 5,605
medical, osteopathic, or podiatric society, according to the 5,607
following schedule:
(a) To persons whose last name begins with the letters "A" 5,609
through "B," on or before January 1, 2001, and the first day of 5,611
January of every odd-numbered year thereafter; 5,612
(b) To persons whose last name begins with the letters "C" 5,615
through "D," on or before October 1, 2000, and the first day of 5,618
October of every even-numbered year thereafter; 5,619
(c) To persons whose last name begins with the letters "E" 5,622
through "G," on or before July 1, 2000, and the first day of July 5,625
of every even-numbered year thereafter; 5,626
(d) To persons whose last name begins with the letters "H" 5,629
through "K," on or before April 1, 2000, and the first day of 5,632
April of every even-numbered year thereafter; 5,633
(e) To persons whose last name begins with the letters "L" 5,636
through "M," on or before January 1, 2000, and the first day of 5,639
January of every even-numbered year thereafter; 5,640
(f) To persons whose last name begins with the letters "N" 5,643
126
through "R," on or before October 1, 1999, and the first day of 5,646
October of every odd-numbered year thereafter; 5,647
(g) To persons whose last name begins with the letter "S," 5,650
on or before July 1, 1999, and the first day of July of every 5,652
odd-numbered year thereafter; 5,653
(h) To persons whose last name begins with the letters "T" 5,656
through "Z," on or before April 1, 1999, and the first day of 5,659
April of every odd-numbered year thereafter. 5,660
Failure of any person to receive an application from the 5,663
board shall not excuse the person from the requirements contained 5,664
in this section. The application shall contain proper spaces for 5,665
the applicant's signature and the insertion of the required 5,666
information, including a statement that the person has fulfilled 5,668
the continuing education requirements imposed by this section. 5,669
The applicant shall write or cause to be written upon the 5,671
application so furnished the applicant's full name, principal 5,673
practice address and residence address, the number of the 5,675
applicant's certificate to practice, and any other facts for the 5,677
identification of the applicant as a person holding a certificate 5,678
to practice under this chapter as the board considers necessary. 5,679
The applicant shall include with the application a list of the 5,680
names and addresses of any clinical nurse specialists, certified 5,681
nurse-midwives, or certified nurse practitioners with whom the 5,682
applicant is currently collaborating, as defined in section 5,683
4723.02 of the Revised Code. The applicant shall execute and 5,686
deliver the application to the board by mail or in person. Every 5,687
person registered under this section shall give written notice to 5,688
the board of any change of principal practice address or 5,689
residence address or in the list within thirty days of the 5,690
change.
The applicant shall report any criminal offense that 5,692
constitutes grounds for refusal of registration under section 5,693
4731.22 of the Revised Code TO WHICH THE APPLICANT HAS PLEADED 5,694
GUILTY, of which the applicant has been found guilty, or to which 5,697
127
the applicant has entered a plea of guilty or no contest FOR 5,698
WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE FOR TREATMENT IN LIEU 5,699
OF CONVICTION, since the LAST signing of the applicant's latest 5,700
preceding AN application for a certificate to practice medicine 5,702
or surgery OF REGISTRATION.
(C) The board shall issue to any person holding a 5,704
certificate under this chapter to practice medicine and surgery, 5,705
osteopathic medicine and surgery, or podiatry, upon application 5,706
and qualification therefor in accordance with this section, a 5,707
certificate of registration under the seal of the board. Such A 5,708
certificate OF REGISTRATION shall be valid for a two-year period, 5,709
commencing on the first day of the third month after the 5,711
registration fee is due and expiring on the last day of the month 5,713
two years thereafter. 5,714
The board shall publish and cause to be mailed to each 5,718
person registered under this section, upon request, a printed 5,719
list of the persons so registered.
(D) Failure of any certificate holder to register and 5,721
comply with this section shall operate automatically to suspend 5,722
the holder's certificate to practice, and the continued. 5,724
CONTINUED practice after the suspension of the certificate to 5,726
practice shall be considered as practicing without a license IN 5,727
VIOLATION OF SECTION 4731.41, 4731.43, OR 4731.60 OF THE REVISED 5,728
CODE. A SUBJECT TO SECTION 4731.222 OF THE REVISED CODE, THE 5,729
BOARD SHALL REINSTATE A certificate to practice suspended for 5,731
less than two years for failure to register shall be reinstated 5,732
by the board upon AN APPLICANT'S submission of the current and 5,733
delinquent BIENNIAL registration fees FEE, the twenty-five-dollar 5,735
APPLICABLE MONETARY penalty for late applications, and 5,736
certification by signature of the applicant that the applicant 5,737
has completed the requisite continuing medical education. THE 5,738
PENALTY FOR REINSTATEMENT SHALL BE FIFTY DOLLARS IF THE 5,740
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND ONE 5,741
HUNDRED DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE
128
THAN TWO YEARS. THE BOARD SHALL DEPOSIT THE PENALTIES IN 5,742
ACCORDANCE WITH SECTION 4731.24 OF THE REVISED CODE. 5,744
(E) IF AN INDIVIDUAL CERTIFIES COMPLETION OF THE NUMBER OF 5,746
HOURS AND TYPE OF CONTINUING MEDICAL EDUCATION REQUIRED TO 5,748
RECEIVE A CERTIFICATE OF REGISTRATION OR REINSTATEMENT OF A 5,749
CERTIFICATE TO PRACTICE, AND THE BOARD FINDS THROUGH THE RANDOM 5,750
SAMPLES IT CONDUCTS UNDER THIS SECTION OR THROUGH ANY OTHER MEANS 5,751
THAT THE INDIVIDUAL DID NOT COMPLETE THE REQUISITE CONTINUING 5,752
MEDICAL EDUCATION, THE BOARD MAY IMPOSE A CIVIL PENALTY OF NOT 5,753
MORE THAN FIVE THOUSAND DOLLARS. THE BOARD'S FINDING SHALL BE 5,754
MADE PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF THE 5,756
REVISED CODE AND BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX 5,757
MEMBERS.
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN 5,759
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE 5,760
UNDER SECTION 4731.22 OF THE REVISED CODE. THE BOARD SHALL 5,762
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE 5,763
REVISED CODE.
(E)(F) The state medical board may obtain information not 5,765
protected by statutory or common law privilege from courts and 5,766
other sources concerning malpractice claims against any person 5,767
holding a certificate to practice under this chapter or 5,768
practicing as provided in section 4731.36 of the Revised Code. 5,769
Sec. 4731.29. (A) When a person licensed to practice 5,778
medicine and surgery or osteopathic medicine and surgery by the 5,779
licensing department of another state, a diplomate of the 5,780
national board of medical examiners or the national board of 5,781
examiners for osteopathic physicians and surgeons, or a 5,782
licentiate of the medical council of Canada wishes to remove to 5,783
this state to practice his profession, he THE PERSON shall file 5,785
an application with the state medical board. The board may, in
its discretion, by an affirmative vote of not less than six of 5,786
its members, issue to him a ITS certificate to practice medicine 5,787
and surgery or osteopathic medicine and surgery without requiring 5,788
129
the applicant to submit to examination, provided he THE APPLICANT 5,789
submits evidence satisfactory to the board that he meets OF 5,791
MEETING the same age, moral character, and educational 5,792
requirements individuals must meet under sections 4731.08, 5,793
4731.09, 4731.091, and 4731.14 of the Revised Code and, if 5,794
applicable, that he demonstrates proficiency in spoken English in 5,795
accordance with division (E) of this section. 5,796
(B) The state medical board shall issue or deny its 5,798
certificate TO PRACTICE within sixty days after the receipt of a 5,799
complete application to practice medicine and surgery, or 5,800
osteopathic medicine and surgery, under division (A) of this 5,801
section. Within thirty days after receipt of an application, the 5,802
state medical board shall provide the applicant with written 5,803
notice, by certified mail, of any information required before an 5,804
application can be considered complete for purposes of this 5,805
section.
(C) If an applicant is under investigation pursuant to 5,807
section 4731.22 of the Revised Code, the state medical board 5,808
shall conclude the investigation within ninety days of receipt of 5,809
a complete application unless extended by written consent of the 5,810
applicant or unless the board determines that a substantial 5,811
question of such a violation OF THIS CHAPTER OR THE RULES ADOPTED 5,812
UNDER IT exists and the board has notified the applicant in 5,813
writing of the reasons for the continuation of the investigation. 5,814
If the board determines that the applicant has IS not violated 5,815
section 4731.22 of the Revised Code IN VIOLATION, it shall issue 5,817
a certificate within forty-five days of that determination.
(D) A fee of three hundred dollars shall be submitted with 5,819
each application for certification under this section. 5,820
(E)(1) Except as otherwise provided in this division 5,822
(E)(2) OF THIS SECTION, an applicant licensed to practice 5,823
medicine and surgery or osteopathic medicine and surgery by the 5,825
licensing department of another state who received that license 5,826
based in part on certification from the educational commission 5,827
130
for foreign medical graduates shall demonstrate proficiency in 5,828
spoken English if he THE APPLICANT fulfilled the undergraduate 5,829
requirements for a certificate issued under this section at an 5,831
institution outside the United States. The applicant may 5,832
demonstrate such proficiency only in the manner described in 5,833
section 4731.142 of the Revised Code for individuals attempting 5,834
to receive certificates issued under section 4731.14 of the 5,835
Revised Code. An
(2) AN applicant DESCRIBED IN DIVISION (E)(1) OF THIS 5,838
SECTION is not required to demonstrate proficiency in spoken 5,839
English if either of the following apply:
(1)(a) During the five years immediately preceding the 5,841
date of his application, the applicant's license has been 5,842
unrestricted and the applicant has been actively practicing 5,843
medicine and surgery or osteopathic medicine and surgery in the 5,844
United States.
(2)(b) The applicant was required to demonstrate such 5,846
proficiency as a condition of his RECEIVING certification from 5,847
the educational commission for foreign medical graduates. 5,849
Sec. 4731.291. (A) The state medical board may issue, 5,858
without examination, a training certificate to any person who 5,859
wishes AN INDIVIDUAL SEEKING to pursue an internship, residency, 5,860
or clinical fellowship program in this state, WHO DOES NOT HOLD A 5,862
CERTIFICATE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 5,864
MEDICINE OR SURGERY ISSUED UNDER THIS CHAPTER, SHALL APPLY TO THE 5,865
STATE MEDICAL BOARD FOR A TRAINING CERTIFICATE. THE APPLICATION 5,866
SHALL BE MADE ON FORMS THAT THE BOARD SHALL FURNISH AND SHALL BE 5,867
ACCOMPANIED BY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS. 5,868
(B) An applicant for a training certificate shall furnish 5,870
proof satisfactory to the board of all the following: 5,871
(1) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE 5,873
applicant is at least eighteen years of age and is of good moral 5,876
character.
(2) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE 5,878
131
applicant has been accepted or appointed to participate in this 5,881
state in one of the following:
(a) An internship or residency program accredited by 5,883
either the accreditation council for graduate medical education 5,884
of the American medical association or the American osteopathic 5,885
association; 5,886
(b) A clinical fellowship program at an institution with a 5,888
residency program accredited by either the accreditation council 5,889
for graduate medical education of the American medical 5,890
association or the American osteopathic association that is in a 5,891
clinical field the same as or related to the clinical field of 5,892
the fellowship program. 5,893
The applicant shall indicate; 5,895
(3) INFORMATION IDENTIFYING the beginning and ending dates 5,897
of the period for which the applicant has been accepted or 5,898
appointed to participate in the internship, residency, or 5,900
clinical fellowship program; 5,901
(4) ANY OTHER INFORMATION THAT THE BOARD REQUIRES. 5,903
(C) A (B) IF NO GROUNDS FOR DENYING A CERTIFICATE UNDER 5,905
SECTION 4731.22 OF THE REVISED CODE APPLY, AND THE APPLICANT 5,907
MEETS THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION, THE BOARD 5,908
SHALL ISSUE A TRAINING CERTIFICATE TO THE APPLICANT. THE BOARD 5,909
SHALL NOT REQUIRE AN EXAMINATION AS A CONDITION OF RECEIVING A 5,910
TRAINING CERTIFICATE.
A training certificate issued pursuant to this section 5,912
shall be valid only for the period of one year, but may in the 5,913
discretion of the board and upon application duly made, be 5,914
renewed annually for a maximum of five years. The fee for 5,915
RENEWAL OF a training certificate or any renewal thereof shall be 5,916
thirty-five dollars. The 5,917
THE board shall maintain a register of all individuals who 5,921
hold training certificates.
(D)(C) The holder of a valid training certificate shall be 5,923
entitled to perform such acts as may be prescribed by or 5,924
132
incidental to the holder's internship, residency, or clinical 5,926
fellowship program, but the holder shall not be entitled 5,927
otherwise to engage in the practice of medicine and surgery or
osteopathic medicine and surgery in this state. The holder shall 5,929
limit activities under the certificate to the programs of the 5,930
hospitals or facilities for which the training certificate is 5,931
issued. The holder shall train only under the supervision of the 5,932
physicians responsible for supervision as part of the internship, 5,933
residency, or clinical fellowship program. A training 5,934
certificate may be revoked by the board upon proof, satisfactory 5,935
to the board, that the holder thereof has engaged in practice in 5,936
this state outside the scope of the internship, residency, or 5,937
clinical fellowship program for which the training certificate 5,938
has been issued, or upon proof, satisfactory to the board, that 5,939
the holder thereof has engaged in unethical conduct or that there 5,940
are grounds for action against the holder under section 4731.22 5,941
of the Revised Code.
(E)(D) The board may adopt rules as the board finds 5,943
necessary to effect the purpose of this section. 5,945
Sec. 4731.341. The practice of medicine in all of its 5,955
branches or the treatment of human ailments without the use of 5,958
drugs or medicines and without operative surgery by any person 5,959
not at that time holding a valid and current certificate as 5,963
provided by Chapter 4723., 4725., or 4731. of the Revised Code is 5,964
hereby declared to be inimical to the public welfare and to 5,965
constitute a public nuisance. The attorney general, the 5,966
prosecuting attorney of any county in which the offense was 5,967
committed or the offender resides, the state medical board, or 5,968
any other person having knowledge of a person engaged EITHER 5,969
DIRECTLY OR BY COMPLICITY in the practice of medicine without 5,970
having first obtained a certificate to do so pursuant to such 5,971
chapters, may on or after January 1, 1969, in accord with 5,972
provisions of the Revised Code governing injunctions, maintain an 5,973
action in the name of the state to enjoin any person from 5,974
133
engaging EITHER DIRECTLY OR BY COMPLICITY in the unlawful 5,976
practice of medicine in all of its branches, or the treatment of 5,977
human ailments without the use of drugs or medicines and without 5,978
operative surgery, by applying for an injunction in any court of 5,980
competent jurisdiction. 5,981
Prior to application for such injunction, the secretary of 5,983
the state medical board shall notify the person allegedly engaged 5,984
EITHER DIRECTLY OR BY COMPLICITY in the unlawful practice of 5,985
medicine or any of its branches by registered mail that the 5,987
secretary has received information indicating that this person is 5,988
so engaged. Said person shall answer the secretary within thirty 5,989
days showing that the person is either properly licensed for the 5,991
stated activity or that the person is not in violation of Chapter 5,993
4723. or 4731. of the Revised Code. If the answer is not 5,994
forthcoming within thirty days after notice by the secretary, the 5,996
secretary shall request that the attorney general, the 5,997
prosecuting attorney of the county in which the offense was
committed or the offender resides, or the state medical board 5,998
proceed as authorized in this section. 5,999
Upon the filing of a verified petition in court, the court 6,001
shall conduct a hearing on the petition and shall give the same 6,002
preference to this proceeding as is given all proceedings under 6,003
Chapter 119. of the Revised Code, irrespective of the position of 6,006
the proceeding on the calendar of the court.
Such injunction proceedings shall be in addition to, and 6,008
not in lieu of, all penalties and other remedies provided in 6,009
Chapters 4723. and 4731. of the Revised Code. 6,010
Sec. 4731.41. No person shall practice medicine or AND 6,020
surgery, or any of its branches, without a THE APPROPRIATE 6,022
certificate from the state medical board; no TO ENGAGE IN THE 6,023
PRACTICE. NO person shall advertise or announce himself as CLAIM 6,024
TO THE PUBLIC TO BE a practitioner of medicine or AND surgery, or 6,025
any of its branches, without a certificate from the board; no. 6,026
NO person not being a licensee shall open or conduct an office or 6,027
134
other place for such practice without a certificate from the 6,028
board; no. NO person shall conduct an office in the name of some 6,029
person who has a certificate to practice medicine or AND surgery, 6,030
or any of its branches; and no. NO person shall practice 6,031
medicine or AND surgery, or any of its branches, after a THE 6,033
PERSON'S certificate has been revoked, or, if suspended, during 6,034
the time of such suspension. Any person licensed as a cosmetic 6,035
therapist and holding a certificate issued by the state medical 6,036
board pursuant to Chapter 4731. of the Revised Code may advertise 6,037
and offer the service of cosmetic therapy and conduct an office 6,038
for the practice thereof under such rules and regulations as may 6,039
be prescribed by the state medical board. Section 1701.03 of the 6,040
Revised Code is not applicable to the practice of cosmetic 6,041
therapy, except that no corporation shall be licensed to practice 6,042
cosmetic therapy.
A certificate signed by the secretary OF THE BOARD to which 6,044
is affixed the official seal of the board to the effect that it 6,045
appears from the records of the board that no such certificate to 6,046
practice medicine or AND surgery, or any of its branches, in the 6,047
THIS state has been issued to any such THE person specified 6,049
therein, or that a certificate TO PRACTICE, if issued, has been 6,050
revoked or suspended, shall be received as prima-facie evidence 6,051
of the record of such THE board in any court or before any 6,053
officer of the state.
Sec. 4731.61. The certificate of a podiatrist may be 6,062
revoked, limited, or suspended; the holder of a certificate may 6,064
be placed on probation or reprimanded; or an applicant may be 6,066
refused registration or reinstatement for violations of section 6,068
4731.22 or sections 4731.51 to 4731.60 of the Revised Code by a 6,070
AN AFFIRMATIVE vote of not less than six members of the state 6,071
medical board. 6,072
This section does not preclude the application to, or limit 6,074
the operation or effect upon, podiatrists of other sections of 6,076
Chapter 4731. of the Revised Code. 6,078
135
Sec. 4731.98. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 6,081
STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT
OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE 6,083
BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE 6,084
HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, 6,085
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL 6,086
DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY 6,088
SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR 6,090
ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR 6,091
DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE 6,092
REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND 6,093
THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 6,094
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 6,095
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 6,096
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 6,097
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 6,098
DAMAGES.
Sec. 4731.99. (A) Whoever violates section 4731.41 or, 6,107
4731.43, OR 4731.60 of the Revised Code is guilty of a 6,108
misdemeanor FELONY of the first FIFTH degree on a first offense 6,110
and a felony of the fifth FOURTH degree on each subsequent 6,111
offense.
(B) Whoever violates section 4731.49, 4731.50, 4731.60, or 6,113
4731.81 of the Revised Code is guilty of a misdemeanor of the 6,114
fourth degree on a first offense and a misdemeanor of the first 6,115
degree on each subsequent offense. 6,116
(C) Whoever violates section 4731.46 or 4731.47 of the 6,118
Revised Code is guilty of a felony of the fifth degree. 6,119
(D) Whoever violates section 4731.48 of the Revised Code 6,121
is guilty of a misdemeanor of the fourth degree. 6,122
(E) Whoever violates division (A), (B), (C), or (D) of 6,124
section 4731.224 of the Revised Code is guilty of a minor 6,125
misdemeanor on a first offense and a misdemeanor of the fourth 6,126
degree on each subsequent offense, except that an individual 6,129
136
guilty of a subsequent offense shall not be .ubject to 6,130
imprisonment, but to a fine alone of up to one thousand dollars 6,131
for each offense.
Sec. 4773.01. As used in this chapter: 6,140
(A) "General x-ray machine operator" means an individual 6,142
who performs standard, diagnostic, radiologic procedures; whose 6,143
performance of radiologic procedures is limited to specific body 6,144
sites; and who does not, to any significant degree, determine the 6,145
site or dosage of radiation to which a patient is exposed. 6,146
(B) "Chiropractor" means an individual licensed under 6,148
Chapter 4734. of the Revised Code to practice chiropractic. 6,149
(C) "Ionizing radiation" means any electromagnetic or 6,151
particulate radiation that interacts with atoms to produce 6,152
ionization in matter, including x-rays, gamma rays, alpha and 6,153
beta particles, high speed electrons, neutrons, and other nuclear 6,154
particles. 6,155
(D) "Physician" means an individual who holds a 6,157
certificate issued under Chapter 4731. of the Revised Code 6,158
authorizing him THE INDIVIDUAL to practice medicine and surgery 6,159
or osteopathic medicine and surgery. 6,160
(E) "Podiatrist" means an individual who holds a 6,162
certificate issued under Chapter 4731. of the Revised Code 6,163
authorizing him THE INDIVIDUAL to practice podiatry. 6,164
(F) "Nuclear medicine technologist" means an individual 6,166
who prepares and administers radio-pharmaceuticals to human 6,167
beings and conducts in vivo or in vitro detection and measurement 6,168
of radioactivity for medical purposes. 6,169
(G) "Radiation therapy technologist" means an individual 6,171
who utilizes ionizing radiation-generating equipment for 6,172
therapeutic purposes on human subjects. 6,173
(H) "Radiographer" means an individual who performs a 6,175
comprehensive scope of diagnostic radiologic procedures employing 6,176
equipment that emits ionizing radiation, exposes radiographs, and 6,177
performs other procedures that contribute significantly to 6,178
137
determining the site or dosage of ionizing radiation to which a 6,179
patient is exposed. 6,180
(I) "Mechanotherapist" means an individual who holds a 6,182
certificate issued under section 4731.151 4731.15 of the Revised 6,184
Code authorizing him THE INDIVIDUAL to practice mechanotherapy. 6,185
Sec. 5123.61. (A) As used in this section: 6,194
(1) "Mentally retarded or developmentally disabled adult" 6,196
means a person who is eighteen years of age or older and is a 6,197
mentally retarded or developmentally disabled person. 6,198
(2) "Law enforcement agency" means the state highway 6,200
patrol, the police department of a municipal corporation, or a 6,201
county sheriff. 6,202
(B) The department of mental retardation and developmental 6,204
disabilities shall establish a registry office for the purpose of 6,205
maintaining reports of abuse and neglect made to the department 6,206
under this section and reports received from county boards of 6,207
mental retardation and developmental disabilities under section 6,208
5126.31 of the Revised Code. 6,209
(C)(1) Any person listed in division (C)(2) of this 6,211
section, having reason to believe that a mentally retarded or 6,212
developmentally disabled adult has suffered any wound, injury, 6,213
disability, or condition of such a nature as to reasonably 6,214
indicate abuse or neglect of that adult, shall immediately report 6,215
or cause reports to be made of such information to a law 6,216
enforcement agency or to the county board of mental retardation 6,217
and developmental disabilities, except that if the report 6,218
concerns a resident of a facility operated by the department of 6,219
mental retardation and developmental disabilities the report 6,220
shall be made either to a law enforcement agency or to the 6,221
department. 6,222
(2) All of the following persons are required to make a 6,224
report under division (C)(1) of this section: 6,225
(a) Any physician, including a hospital intern or 6,227
resident, any dentist, podiatrist, chiropractor, practitioner of 6,228
138
a limited branch of medicine or surgery as defined SPECIFIED in 6,230
section 4731.15 of the Revised Code, hospital administrator or 6,231
employee of a hospital, nurse licensed under Chapter 4723. of the 6,232
Revised Code, employee of an ambulatory health facility as 6,233
defined in section 5101.61 of the Revised Code, employee of a 6,234
home health agency, employee of an adult care facility licensed 6,235
under Chapter 3722. Revised Code, or employee of a community 6,236
mental health facility; 6,237
(b) Any school teacher or school authority, social worker, 6,239
psychologist, attorney, peace officer, coroner, clergyman, or 6,240
residents' rights advocate as defined in section 3721.10 of the 6,241
Revised Code; 6,242
(c) A superintendent, board member, or employee of a 6,244
county board of mental retardation and developmental 6,245
disabilities; an administrator, board member, or employee of a 6,246
residential facility licensed under section 5123.19 of the 6,247
Revised Code; or an administrator, board member, or employee of 6,248
any other public or private provider of services to a mentally 6,249
retarded or developmentally disabled adult; 6,250
(d) A member of a citizen's advisory council established 6,252
at an institution or branch institution of the department of 6,253
mental retardation and developmental disabilities under section 6,254
5123.092 of the Revised Code; 6,255
(e) A person who, while acting in an official or 6,257
professional capacity, renders spiritual treatment through prayer 6,259
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not 6,261
apply to members of the legal rights service commission or to 6,262
employees of the legal rights service. 6,263
(D) The reports required under division (C) of this 6,265
section shall be made forthwith by telephone or in person and 6,266
shall be followed by a written report. The reports shall contain 6,267
the following: 6,268
(1) The names and addresses of the mentally retarded or 6,270
139
developmentally disabled adult and the adult's custodian, if 6,271
known;
(2) The mentally retarded or developmentally disabled 6,273
adult's age and the nature and extent of the adult's injuries or 6,274
physical neglect, including any evidence of previous injuries or 6,275
physical neglect; 6,276
(3) Any other information which might be helpful in 6,278
establishing the cause of the injury, abuse, or physical neglect. 6,279
(E) When a physician performing services as a member of 6,281
the staff of a hospital or similar institution has reason to 6,282
believe that a mentally retarded or developmentally disabled 6,283
adult has suffered injury, abuse, or physical neglect, the 6,284
physician shall notify the person in charge of the institution or 6,285
that person's designated delegate, who shall make the necessary 6,286
reports.
(F) Any person having reasonable cause to believe that a 6,288
mentally retarded or developmentally disabled adult has suffered 6,289
abuse or neglect may report the belief, or cause a report to be 6,290
made, to a law enforcement agency or the county board of mental 6,291
retardation and developmental disabilities, or, if the adult is a 6,292
resident of a facility operated by the department of mental 6,293
retardation and developmental disabilities, to a law enforcement 6,294
agency or to the department. 6,295
(G)(1) Upon the receipt of a report concerning the 6,297
possible nonaccidental infliction of a physical injury upon a 6,298
mentally retarded or developmentally disabled adult, the law 6,299
enforcement agency shall inform the county board of mental 6,300
retardation and developmental disabilities or, if the adult is a 6,301
resident of a facility operated by the department of mental 6,302
retardation and developmental disabilities, the director of the 6,303
department or the director's designee. 6,304
(2) On receipt of a report under this section, the 6,306
department of mental retardation and developmental disabilities 6,307
shall notify the law enforcement agency. 6,308
140
(3) When a county board of mental retardation and 6,310
developmental disabilities receives a report under this section, 6,311
the superintendent of the board or an individual the 6,312
superintendent designates under division (H) of this section 6,314
shall notify the law enforcement agency and the department of 6,315
mental retardation and developmental disabilities. 6,316
(H) The superintendent of the board may designate an 6,318
individual to be responsible for notifying the law enforcement 6,319
agency and the department when the county board receives a report 6,320
under this section. 6,321
(I) A mentally retarded or developmentally disabled adult 6,323
about whom a report is made may be removed from the adult's place 6,324
of residence only by law enforcement officers who consider that 6,325
the adult's immediate removal is essential to protect the adult 6,326
from further injury or abuse or in accordance with the order of a 6,327
court made pursuant to section 5126.33 of the Revised Code. 6,328
(J) A law enforcement agency shall investigate each report 6,330
of abuse or neglect made under this section. In addition, the 6,331
department, in cooperation with law enforcement officials, shall 6,332
investigate each report regarding a resident of a facility 6,333
operated by the department to determine the circumstances 6,334
surrounding the injury, the cause of the injury, and the person 6,335
responsible. The department shall determine, with the registry 6,336
office which shall be maintained by the department, whether prior 6,337
reports have been made concerning the mentally retarded or 6,338
developmentally disabled adult or other principals in the case. 6,339
The department shall submit a report of its investigation, in 6,340
writing, to the law enforcement agency, and with the consent of 6,341
the adult, shall provide such protective services as are 6,342
necessary to protect the adult. The law enforcement agency shall 6,343
make a written report of its findings to the department. 6,344
If the adult is not a resident of a facility operated by 6,346
the department, the county board of mental retardation and 6,347
developmental disabilities shall review the report of abuse or 6,348
141
neglect in accordance with sections 5126.30 to 5126.33 of the 6,349
Revised Code and the law enforcement agency shall make the 6,350
written report of its findings to the county board. 6,351
(K) Any person or any hospital, institution, school, 6,353
health department, or agency participating in the making of 6,354
reports pursuant to this section, any person participating as a 6,355
witness in an administrative or judicial proceeding resulting 6,356
from the reports, or any person or governmental entity that 6,357
discharges responsibilities under sections 5126.31 to 5126.33 of 6,358
the Revised Code shall be immune from any civil or criminal 6,359
liability that might otherwise be incurred or imposed as a result 6,360
of such actions except liability for perjury, unless the person 6,361
or governmental entity has acted in bad faith or with malicious 6,362
purpose. 6,363
(L) No employer or any person with the authority to do so 6,365
shall discharge, demote, transfer, prepare a negative work 6,366
performance evaluation, reduce pay or benefits, terminate work 6,367
privileges, or take any other action detrimental to an employee 6,368
or retaliate against an employee as a result of the employee's 6,369
having made a report under this section. This division does not 6,370
preclude an employer or person with authority from taking action 6,371
with regard to an employee who has made a report under this 6,372
section if there is another reasonable basis for the action. 6,373
(M) Reports made under this section are not public records 6,375
as defined in section 149.43 of the Revised Code. Information 6,376
contained in the reports on request shall be made available to 6,377
the adult who is the subject of the report, to the adult's legal 6,378
counsel, and to agencies authorized to receive information in the 6,380
report by the department or by a county board of mental 6,381
retardation and developmental disabilities. 6,382
(N) Notwithstanding section 4731.22 of the Revised Code, 6,384
the physician-patient privilege shall not be a ground for 6,385
excluding evidence regarding a mentally retarded or 6,386
developmentally disabled adult's injuries or physical neglect or 6,387
142
the cause thereof in any judicial proceeding resulting from a 6,388
report submitted pursuant to this section. 6,389
Section 2. That existing sections 119.12, 121.22, 503.41, 6,391
1785.01, 2151.421, 2317.02, 2925.01, 3701.242, 3701.243, 6,392
3719.121, 4713.01, 4713.12, 4713.14, 4730.12, 4730.25, 4730.26, 6,394
4730.27, 4730.31, 4730.32, 4730.34, 4731.08, 4731.13, 4731.142, 6,395
4731.15, 4731.151, 4731.16, 4731.17, 4731.18, 4731.19, 4731.20, 6,396
4731.22, 4731.221, 4731.222, 4731.223, 4731.224, 4731.225, 6,397
4731.25, 4731.281, 4731.29, 4731.291, 4731.341, 4731.41, 4731.61, 6,398
4731.99, 4773.01, and 5123.61 of the Revised Code are hereby 6,399
repealed.
Section 3. Section 2151.421 of the Revised Code is 6,401
presented in this act as a composite of the section as amended by 6,402
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 6,403
Assembly, with the new language of none of the acts shown in 6,405
capital letters. Section 2317.02 of the Revised Code is 6,406
presented in this act as a composite of the section as amended by 6,407
both Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General 6,408
Assembly, with the new language of neither of the acts shown in 6,410
capital letters. Section 2925.01 of the Revised Code is 6,411
presented in this act as a composite of the section as amended by 6,412
Sub. H.B. 125, Am. Sub. S.B. 143, Sub. S.B. 223, and Am. Sub. 6,413
S.B. 269 of the 121st General Assembly, with the new language of 6,414
none of the acts shown in capital letters. This is in 6,416
recognition of the principle stated in division (B) of section 6,417
1.52 of the Revised Code that such amendments are to be 6,418
harmonized where not substantively irreconcilable and constitutes 6,419
a legislative finding that such is the resulting version in 6,420
effect prior to the effective date of this act. 6,421