As Reported by the House Health, Retirement and Aging Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 606 5
1997-1998 6
REPRESENTATIVES SCHURING-BRADING-TIBERI-GARCIA-LEWIS-VAN VYVEN- 8
OLMAN-WACHTMANN-MAIER-GRENDELL-PATTON-TERWILLEGER 9
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A B I L L
To amend sections 119.12, 121.22, 503.41, 1785.01, 12
2151.421, 2317.02, 2925.01, 3719.121, 4713.01, 14
4713.12, 4713.14, 4730.12, 4730.25, 4730.26, 15
4730.27, 4730.31, 4730.32, 4730.34, 4731.08, 17
4731.13, 4731.142, 4731.15, 4731.151, 4731.16 to 18
4731.20, 4731.22, 4731.221, 4731.222, 4731.223, 19
4731.224, 4731.225, 4731.25, 4731.281, 4731.29, 20
4731.291, 4731.341, 4731.41, 4731.61, 4731.99, 22
4773.01, and 5123.61 and to enact section 23
4731.98 of the Revised Code to make revisions in 24
the disciplinary procedures used by the State 26
Medical Board and to make other changes 27
regarding the Board's licensing and enforcement 29
duties. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 119.12, 121.22, 503.41, 1785.01, 34
2151.421, 2317.02, 2925.01, 3719.121, 4713.01, 4713.12, 4713.14, 36
4730.12, 4730.25, 4730.26, 4730.27, 4730.31, 4730.32, 4730.34, 37
4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 4731.16, 4731.17, 38
4731.18, 4731.19, 4731.20, 4731.22, 4731.221, 4731.222, 4731.223, 39
4731.224, 4731.225, 4731.25, 4731.281, 4731.29, 4731.291, 40
4731.341, 4731.41, 4731.61, 4731.99, 4773.01, and 5123.61 be 41
amended and section 4731.98 of the Revised Code be enacted to 42
read as follows:
Sec. 119.12. Any party adversely affected by any order of 51
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an agency issued pursuant to an adjudication denying an applicant 52
admission to an examination, or denying the issuance or renewal 53
of a license or registration of a licensee, or revoking or 54
suspending a license, or allowing the payment of a forfeiture 55
under section 4301.252 of the Revised Code, may appeal from the 56
order of the agency to the court of common pleas of the county in 57
which the place of business of the licensee is located or the 58
county in which the licensee is a resident, provided that appeals 59
from decisions of the liquor control commission may be to the 60
court of common pleas of Franklin county and appeals from 61
decisions of the state medical board, chiropractic examining 62
board, and board of nursing shall be to the court of common pleas 63
of Franklin county. If any such party is not a resident of and 64
has no place of business in this state, he THE PARTY may appeal 65
to the court of common pleas of Franklin county. 67
Any party adversely affected by any order of an agency 69
issued pursuant to any other adjudication may appeal to the court 70
of common pleas of Franklin county, except that appeals from 71
orders of the fire marshal issued under Chapter 3737. of the 72
Revised Code may be to the court of common pleas of the county in 73
which the building of the aggrieved person is located. 74
This section does not apply to appeals from the department 76
of taxation. 77
Any party desiring to appeal shall file a notice of appeal 79
with the agency setting forth the order appealed from and the 80
grounds of his THE PARTY'S appeal. A copy of such notice of 81
appeal shall also be filed by the appellant with the court. 83
Unless otherwise provided by law relating to a particular agency, 84
such notices of appeal shall be filed within fifteen days after 85
the mailing of the notice of the agency's order as provided in 86
this section. For purposes of this paragraph, an order includes a 87
determination appealed pursuant to division (C) of section 88
119.092 of the Revised Code. 89
The filing of a notice of appeal shall not automatically 91
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operate as a suspension of the order of an agency. If it appears 92
to the court that an unusual hardship to the appellant will 93
result from the execution of the agency's order pending 94
determination of the appeal, the court may grant a suspension and 95
fix its terms. If an appeal is taken from the judgment of the 96
court and the court has previously granted a suspension of the 97
agency's order as provided in this section, such suspension of 98
the agency's order shall not be vacated and shall be given full 99
force and effect until the matter is finally adjudicated. No 100
renewal of a license or permit shall be denied by reason of such 101
suspended order during the period of the appeal from the decision 102
of the court of common pleas. In the case of an appeal from the 103
state medical board or chiropractic examining board, the court 104
may grant a suspension and fix its terms if it appears to the 105
court that an unusual hardship to the appellant will result from 106
the execution of the agency's order pending determination of the 107
appeal and the health, safety, and welfare of the public will not 108
be threatened by suspension of the order. This provision shall 109
not be construed to limit the factors the court may consider in 110
determining whether to suspend an order of any other agency 111
pending determination of an appeal. 112
The final order of adjudication may apply to any renewal of 114
a license or permit which has been granted during the period of 115
the appeal. 116
Notwithstanding any other provision of this section, any 118
order issued by a court of common pleas suspending the effect of 119
an order of the liquor control commission that suspends or 120
revokes a permit issued under Chapter 4303. of the Revised Code, 121
or that allows the payment of a forfeiture under section 4301.252 122
of the Revised Code, shall terminate not more than fifteen months 123
after the date of the filing of a notice of appeal in the court 124
of common pleas, even if the matter has not been finally 125
adjudicated within that time. 126
Notwithstanding any other provision of this section, any 128
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order issued by a court of common pleas suspending the effect of 129
an order of the state medical board or chiropractic examining 130
board that limits, revokes, suspends, places on probation, or 131
refuses to register or reinstate a certificate issued by the 132
board or reprimands the holder of such a certificate shall 133
terminate not more than fifteen months after the date of the 134
filing of a notice of appeal in the court of common pleas, or 135
upon the rendering of a final decision or order in the appeal by 136
the court of common pleas, whichever occurs first. 137
Within thirty days after receipt of a notice of appeal from 139
an order in any case in which a hearing is required by sections 140
119.01 to 119.13 of the Revised Code, the agency shall prepare 141
and certify to the court a complete record of the proceedings in 142
the case. Failure of the agency to comply within the time 143
allowed, upon motion, shall cause the court to enter a finding in 144
favor of the party adversely affected. Additional time, however, 145
may be granted by the court, not to exceed thirty days, when it 146
is shown that the agency has made substantial effort to comply. 147
Such record shall be prepared and transcribed and the expense of 148
it shall be taxed as a part of the costs on the appeal. The 149
appellant shall provide security for costs satisfactory to the 150
court of common pleas. Upon demand by any interested party, the 151
agency shall furnish at the cost of the party requesting it a 152
copy of the stenographic report of testimony offered and evidence 153
submitted at any hearing and a copy of the complete record. 154
Notwithstanding any other provision of this section, any 156
party desiring to appeal an order or decision of the state 157
personnel board of review shall, at the time of filing a notice 158
of appeal with the board, provide a security deposit in an amount 159
and manner prescribed in rules that the board shall adopt in 160
accordance with this chapter. In addition, the board is not 161
required to prepare or transcribe the record of any of its 162
proceedings unless the appellant has provided the deposit 163
described above. The failure of the board to prepare or 164
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transcribe a record for an appellant who has not provided a 165
security deposit shall not cause a court to enter a finding 166
adverse to the board. 167
Unless otherwise provided by law, in the hearing of the 169
appeal, the court is confined to the record as certified to it by 170
the agency. Unless otherwise provided by law, the court may 171
grant a request for the admission of additional evidence when 172
satisfied that such additional evidence is newly discovered and 173
could not with reasonable diligence have been ascertained prior 174
to the hearing before the agency. 175
The court shall conduct a hearing on such appeal and shall 177
give preference to all proceedings under sections 119.01 to 178
119.13 of the Revised Code, over all other civil cases, 179
irrespective of the position of the proceedings on the calendar 180
of the court. An appeal from an order of the state medical board 181
issued pursuant to division (D)(G) of EITHER section 4730.25 OR 183
4731.22 of the Revised Code or the chiropractic examining board 184
issued pursuant to section 4734.101 of the Revised Code shall be 185
set down for hearing at the earliest possible time and takes 186
precedence over all other actions. The hearing in the court of 187
common pleas shall proceed as in the trial of a civil action, and 188
the court shall determine the rights of the parties in accordance 189
with the laws applicable to such action. At such hearing, 190
counsel may be heard on oral argument, briefs may be submitted, 191
and evidence introduced if the court has granted a request for 192
the presentation of additional evidence. 193
The court may affirm the order of the agency complained of 195
in the appeal if it finds, upon consideration of the entire 196
record and such additional evidence as the court has admitted, 197
that the order is supported by reliable, probative, and 198
substantial evidence and is in accordance with law. In the 199
absence of such a finding, it may reverse, vacate, or modify the 200
order or make such other ruling as is supported by reliable, 201
probative, and substantial evidence and is in accordance with 202
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law. The court shall award compensation for fees in accordance 203
with section 2335.39 of the Revised Code to a prevailing party, 204
other than an agency, in an appeal filed pursuant to this 205
section. 206
The judgment of the court shall be final and conclusive 208
unless reversed, vacated, or modified on appeal. Such appeals 209
may be taken either by the party or the agency, shall proceed as 210
in the case of appeals in civil actions, and shall be pursuant to 211
the Rules of Appellate Procedure and, to the extent not in 212
conflict with those rules, Chapter 2505. of the Revised Code. 213
Such appeal by the agency shall be taken on questions of law 214
relating to the constitutionality, construction, or 215
interpretation of statutes and rules of the agency, and in such 216
appeal the court may also review and determine the correctness of 217
the judgment of the court of common pleas that the order of the 218
agency is not supported by any reliable, probative, and 219
substantial evidence in the entire record. 220
The court shall certify its judgment to such agency or take 222
such other action necessary to give its judgment effect. 223
Sec. 121.22. (A) This section shall be liberally 232
construed to require public officials to take official action and 233
to conduct all deliberations upon official business only in open 234
meetings unless the subject matter is specifically excepted by 235
law. 236
(B) As used in this section: 238
(1) "Public body" means any of the following: 240
(a) Any board, commission, committee, council, or similar 242
decision-making body of a state agency, institution, or 243
authority, and any legislative authority or board, commission, 244
committee, council, agency, authority, or similar decision-making 246
body of any county, township, municipal corporation, school 247
district, or other political subdivision or local public 248
institution;
(b) Any committee or subcommittee of a body described in 250
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division (B)(1)(a) of this section; 251
(c) A court of jurisdiction of a sanitary district 253
organized wholly for the purpose of providing a water supply for 254
domestic, municipal, and public use when meeting for the purpose 256
of the appointment, removal, or reappointment of a member of the 257
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 258
related to such a district other than litigation involving the 259
district. As used in division (B)(1)(c) of this section, "court 260
of jurisdiction" has the same meaning as "court" in section 261
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 263
public business of the public body by a majority of its members. 264
(3) "Regulated individual" means either of the following: 266
(a) A student in a state or local public educational 268
institution; 269
(b) A person who is, voluntarily or involuntarily, an 271
inmate, patient, or resident of a state or local institution 272
because of criminal behavior, mental illness or retardation, 273
disease, disability, age, or other condition requiring custodial 274
care. 275
(C) All meetings of any public body are declared to be 277
public meetings open to the public at all times. A member of a 278
public body shall be present in person at a meeting open to the 280
public to be considered present or to vote at the meeting and for 281
purposes of determining whether a quorum is present at the 282
meeting. 283
The minutes of a regular or special meeting of any public 286
body shall be promptly prepared, filed, and maintained and shall 287
be open to public inspection. The minutes need only reflect the 288
general subject matter of discussions in executive sessions 289
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 291
audit conference conducted by the auditor of state or independent 292
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certified public accountants with officials of the public office 293
that is the subject of the audit, to the adult parole authority 294
when its hearings are conducted at a correctional institution for 295
the sole purpose of interviewing inmates to determine parole or 296
pardon, to the organized crime investigations commission 297
established under section 177.01 of the Revised Code, to the 298
state medical board when determining whether to suspend a 299
certificate without a prior hearing pursuant to division (D)(G) 301
of EITHER section 4730.25 OR 4731.22 of the Revised Code, to the 303
board of nursing when determining whether to suspend a license 304
without a prior hearing pursuant to division (B) of section 305
4723.181 of the Revised Code, or to the executive committee of 306
the emergency response commission when determining whether to 307
issue an enforcement order or request that a civil action, civil 308
penalty action, or criminal action be brought to enforce Chapter 309
3750. of the Revised Code.
(E) The controlling board, the development financing 311
advisory council, the industrial technology and enterprise 312
advisory council, the tax credit authority, or the minority 314
development financing advisory board, when meeting to consider 315
granting assistance pursuant to Chapter 122. or 166. of the 316
Revised Code, in order to protect the interest of the applicant 317
or the possible investment of public funds, by unanimous vote of 318
all board, council, or authority members present, may close the 320
meeting during consideration of the following information 322
confidentially received by the authority, council, or board from 323
the applicant: 325
(1) Marketing plans; 327
(2) Specific business strategy; 329
(3) Production techniques and trade secrets; 331
(4) Financial projections; 333
(5) Personal financial statements of the applicant or 335
members of the applicant's immediate family, including, but not 336
limited to, tax records or other similar information not open to 338
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public inspection. 339
The vote by the authority, council, or board to accept or 343
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 346
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 348
reasonable method whereby any person may determine the time and 349
place of all regularly scheduled meetings and the time, place, 350
and purpose of all special meetings. A public body shall not 351
hold a special meeting unless it gives at least twenty-four 352
hours' advance notice to the news media that have requested 353
notification, except in the event of an emergency requiring 354
immediate official action. In the event of an emergency, the 355
member or members calling the meeting shall notify the news media 356
that have requested notification immediately of the time, place, 357
and purpose of the meeting. 358
The rule shall provide that any person, upon request and 361
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 362
business is to be discussed. Provisions for advance notification 363
may include, but are not limited to, mailing the agenda of 364
meetings to all subscribers on a mailing list or mailing notices 365
in self-addressed, stamped envelopes provided by the person. 366
(G) Except as provided in division (J) of this section, 369
the members of a public body may hold an executive session only 370
after a majority of a quorum of the public body determines, by a 371
roll call vote, to hold an executive session and only at a 373
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 374
(1) To consider the appointment, employment, dismissal, 376
discipline, promotion, demotion, or compensation of a public 377
employee or official, or the investigation of charges or 378
complaints against a public employee, official, licensee, or 379
regulated individual, unless the public employee, official, 380
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licensee, or regulated individual requests a public hearing. 381
Except as otherwise provided by law, no public body shall hold an 382
executive session for the discipline of an elected official for 383
conduct related to the performance of the elected official's 384
official duties or for the elected official's removal from 386
office. If a public body holds an executive session pursuant to 388
division (G)(1) of this section, the motion and vote to hold that 389
executive session shall state which one or more of the approved 390
purposes listed in division (G)(1) of this section are the 391
purposes for which the executive session is to be held, but need 392
not include the name of any person to be considered at the 393
meeting.
(2) To consider the purchase of property for public 395
purposes, or for the sale of property at competitive bidding, if 396
premature disclosure of information would give an unfair 397
competitive or bargaining advantage to a person whose personal, 398
private interest is adverse to the general public interest. No 399
member of a public body shall use division (G)(2) of this section 401
as a subterfuge for providing covert information to prospective 403
buyers or sellers. A purchase or sale of public property is void 404
if the seller or buyer of the public property has received covert 405
information from a member of a public body that has not been 406
disclosed to the general public in sufficient time for other 407
prospective buyers and sellers to prepare and submit offers. 408
If the minutes of the public body show that all meetings 410
and deliberations of the public body have been conducted in 411
compliance with this section, any instrument executed by the 412
public body purporting to convey, lease, or otherwise dispose of 413
any right, title, or interest in any public property shall be 414
conclusively presumed to have been executed in compliance with 415
this section insofar as title or other interest of any bona fide 416
purchasers, lessees, or transferees of the property is concerned. 417
(3) Conferences with an attorney for the public body 419
concerning disputes involving the public body that are the 420
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subject of pending or imminent court action; 421
(4) Preparing for, conducting, or reviewing negotiations 423
or bargaining sessions with public employees concerning their 424
compensation or other terms and conditions of their employment; 425
(5) Matters required to be kept confidential by federal 427
law or regulations or state statutes; 428
(6) Specialized details of security arrangements if 430
disclosure of the matters discussed might reveal information that 431
could be used for the purpose of committing, or avoiding 432
prosecution for, a violation of the law. 433
If a public body holds an executive session to consider any 435
of the matters listed in divisions (G)(2) to (6) of this section, 436
the motion and vote to hold that executive session shall state 437
which one or more of the approved matters listed in those 438
divisions are to be considered at the executive session. 439
A public body specified in division (B)(1)(c) of this 442
section shall not hold an executive session when meeting for the
purposes specified in that division. 443
(H) A resolution, rule, or formal action of any kind is 445
invalid unless adopted in an open meeting of the public body. A 446
resolution, rule, or formal action adopted in an open meeting 447
that results from deliberations in a meeting not open to the 448
public is invalid unless the deliberations were for a purpose 449
specifically authorized in division (G) or (J) of this section 450
and conducted at an executive session held in compliance with 451
this section. A resolution, rule, or formal action adopted in an 452
open meeting is invalid if the public body that adopted the 453
resolution, rule, or formal action violated division (F) of this 454
section. 455
(I)(1) Any person may bring an action to enforce this 457
section. An action under division (I)(1) of this section shall 459
be brought within two years after the date of the alleged 460
violation or threatened violation. Upon proof of a violation or 461
threatened violation of this section in an action brought by any 462
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person, the court of common pleas shall issue an injunction to 463
compel the members of the public body to comply with its 464
provisions. 465
(2)(a) If the court of common pleas issues an injunction 467
pursuant to division (I)(1) of this section, the court shall 468
order the public body that it enjoins to pay a civil forfeiture 469
of five hundred dollars to the party that sought the injunction 470
and shall award to that party all court costs and, subject to 471
reduction as described in division (I)(2) of this section, 473
reasonable attorney's fees. The court, in its discretion, may 474
reduce an award of attorney's fees to the party that sought the 475
injunction or not award attorney's fees to that party if the 476
court determines both of the following: 477
(i) That, based on the ordinary application of statutory 479
law and case law as it existed at the time of violation or 480
threatened violation that was the basis of the injunction, a 481
well-informed public body reasonably would believe that the 482
public body was not violating or threatening to violate this 483
section; 484
(ii) That a well-informed public body reasonably would 486
believe that the conduct or threatened conduct that was the basis 487
of the injunction would serve the public policy that underlies 488
the authority that is asserted as permitting that conduct or 489
threatened conduct. 490
(b) If the court of common pleas does not issue an 492
injunction pursuant to division (I)(1) of this section and the 493
court determines at that time that the bringing of the action was 494
frivolous conduct, as defined in division (A) of section 2323.51 495
of the Revised Code, the court shall award to the public body all 496
court costs and reasonable attorney's fees, as determined by the 497
court. 498
(3) Irreparable harm and prejudice to the party that 500
sought the injunction shall be conclusively and irrebuttably 501
presumed upon proof of a violation or threatened violation of 502
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this section. 503
(4) A member of a public body who knowingly violates an 505
injunction issued pursuant to division (I)(1) of this section may 506
be removed from office by an action brought in the court of 507
common pleas for that purpose by the prosecuting attorney or the 508
attorney general. 509
(J)(1) Pursuant to division (C) of section 5901.09 of the 511
Revised Code, a veterans service commission shall hold an 512
executive session for one or more of the following purposes 513
unless an applicant requests a public hearing: 514
(a) Interviewing an applicant for financial assistance 516
under sections 5901.01 to 5901.15 of the Revised Code; 517
(b) Discussing applications, statements, and other 519
documents described in division (B) of section 5901.09 of the 520
Revised Code; 521
(c) Reviewing matters relating to an applicant's request 523
for financial assistance under sections 5901.01 to 5901.15 of the 524
Revised Code.
(2) A veterans service commission shall not exclude an 526
applicant for, recipient of, or former recipient of financial 527
assistance under sections 5901.01 to 5901.15 of the Revised Code, 528
and shall not exclude representatives selected by the applicant, 530
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 531
applicant's, recipient's, or former recipient's application for 532
financial assistance.
(3) A veterans service commission shall vote on the grant 534
or denial of financial assistance under sections 5901.01 to 535
5901.15 of the Revised Code only in an open meeting of the 537
commission. The minutes of the meeting shall indicate the name, 538
address, and occupation of the applicant, whether the assistance 539
was granted or denied, the amount of the assistance if assistance 540
is granted, and the votes for and against the granting of 541
assistance.
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Sec. 503.41. (A) A board of township trustees, by 550
resolution, may regulate and require the registration of massage 551
establishments and their employees within the unincorporated 552
territory of the township. In accordance with sections 503.40 to 553
503.49 of the Revised Code, for that purpose, the board, by a 554
majority vote of all members, may adopt, amend, administer, and 555
enforce regulations within the unincorporated territory of the 556
township. 557
(B) A board may adopt regulations and amendments under 559
this section only after public hearing at not fewer than two 560
regular sessions of the board. The board shall cause to be 561
published in at least one newspaper of general circulation in the 562
township notice of the public hearings, including the time, date, 563
and place, once a week for two weeks immediately preceding the 564
hearings. The board shall make available proposed regulations or 565
amendments to the public at the office of the board. 566
(C) Regulations or amendments adopted by the board are 568
effective thirty days after the date of adoption unless, within 569
thirty days after the adoption of the regulations or amendments, 570
the township clerk receives a petition, signed by a number of 571
qualified electors residing in the unincorporated area of the 572
township equal to not less than ten per cent of the total vote 573
cast for all candidates for governor in the area at the most 574
recent general election at which a governor was elected, 576
requesting the board to submit the regulations or amendments to 577
the electors of the area for approval or rejection at the next 578
primary or general election occurring at least seventy-five days 579
after the board receives the petition. 580
No regulation or amendment for which the referendum vote 582
has been requested is effective unless a majority of the vote 583
cast on the issue is in favor of the regulation or amendment. 584
Upon certification by the board of elections that a majority of 585
the votes cast on the issue was in favor of the regulation or 586
amendment, the regulation or amendment takes immediate effect. 587
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(D) The board shall make available regulations it adopts 589
or amends to the public at the office of the board and shall 590
cause to be published a notice of the availability of the 591
regulations in at least one newspaper of general circulation in 592
the township within ten days after their adoption or amendment. 593
(E) Nothing in sections 503.40 to 503.49 of the Revised 595
Code shall be construed to allow a board of township trustees to 596
regulate the practice of any limited branch of medicine or 597
surgery in accordance with sections SPECIFIED IN SECTION 4731.15 598
and 4731.16 of the Revised Code or the practice of providing 600
therapeutic massage by a licensed physician, a licensed 601
chiropractor, a licensed podiatrist, a licensed nurse, or any 602
other licensed health professional. As used in this division, 603
"licensed" means licensed, certified, or registered to practice 604
in this state.
Sec. 1785.01. As used in this chapter: 613
(A) "Professional service" means any type of professional 615
service that may be performed only pursuant to a license, 616
certificate, or other legal authorization issued pursuant to 618
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730., 619
4731., 4732., 4733., 4734., or 4741., sections 4755.01 to 621
4755.12, or 4755.40 to 4755.56 of the Revised Code to certified 622
public accountants, licensed public accountants, architects, 623
attorneys, dentists, nurses, optometrists, pharmacists, PHYSICIAN 625
ASSISTANTS, doctors of medicine and surgery, doctors of 626
osteopathic medicine and surgery, doctors of podiatric medicine 627
and surgery, practitioners of the limited branches of medicine or 629
surgery specified in section 4731.15 of the Revised Code, 630
psychologists, professional engineers, chiropractors, 631
veterinarians, occupational therapists, and physical therapists. 632
(B) "Professional association" means an association 634
organized under this chapter for the sole purpose of rendering 635
one of the professional services authorized under Chapter 4701., 636
4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 637
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4733., 4734., or 4741., sections 4755.01 to 4755.12, or 4755.40 639
to 4755.56 of the Revised Code, a combination of the professional 641
services authorized under Chapters 4703. and 4733. of the Revised 642
Code, or a combination of the professional services of 644
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code, 646
psychologists authorized under Chapter 4732. of the Revised Code, 648
registered or licensed practical nurses authorized under Chapter 650
4723. of the Revised Code, pharmacists authorized under Chapter 651
4729. of the Revised Code, physical therapists authorized under 652
sections 4755.40 to 4755.53 of the Revised Code, and doctors of 653
medicine and surgery, osteopathic medicine and surgery, or 654
podiatric medicine and surgery authorized under Chapter 4731. of 655
the Revised Code.
Sec. 2151.421. (A)(1)(a) No person described listed in 665
division (A)(1)(b) of this section who is acting in an official 667
or professional capacity and knows or suspects that a child under 668
eighteen years of age or a mentally retarded, developmentally 670
disabled, or physically impaired child under twenty-one years of 671
age has suffered or faces a threat of suffering any physical or 672
mental wound, injury, disability, or condition of a nature that 673
reasonably indicates abuse or neglect of the child, shall fail to 674
immediately report that knowledge or suspicion to the public 675
children services agency or a municipal or county peace officer 677
in the county in which the child resides or in which the abuse or 678
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 682
person who is an attorney; physician, including a hospital intern 683
or resident; dentist; podiatrist; practitioner of a limited 684
branch of medicine or surgery as defined SPECIFIED in section 685
4731.15 of the Revised Code; registered nurse; licensed practical 688
nurse; visiting nurse; other health care professional; licensed 689
psychologist; licensed school psychologist; speech pathologist or 690
audiologist; coroner; administrator or employee of a child 691
17
day-care center; administrator or employee of a certified child 692
care agency or other public or private children services agency; 693
school teacher; school employee; school authority; person engaged 694
in social work or the practice of professional counseling; or a 695
person rendering spiritual treatment through prayer in accordance 697
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 699
report pursuant to division (A)(1) of this section concerning any 701
communication the attorney or physician receives from a client or 704
patient in an attorney-client or physician-patient relationship, 705
if, in accordance with division (A) or (B) of section 2317.02 of 707
the Revised Code, the attorney or physician could not testify 708
with respect to that communication in a civil or criminal 709
proceeding, except that the client or patient is deemed to have 710
waived any testimonial privilege under division (A) or (B) of 712
section 2317.02 of the Revised Code with respect to that 714
communication and the attorney or physician shall make a report 716
pursuant to division (A)(1) of this section with respect to that 717
communication, if all of the following apply:
(a) The client or patient, at the time of the 719
communication, is either a child under eighteen years of age or a 720
mentally retarded, developmentally disabled, or physically 722
impaired person under twenty-one years of age. 723
(b) The attorney of OR physician knows or suspects, as a 725
result of the communication or any observations made during that 727
communication, that the client or patient has suffered or faces a 728
threat of suffering any physical or mental wound, injury, 730
disability, or condition of a nature that reasonably indicates 731
abuse or neglect of the client or patient. 732
(c) The attorney-client or physician-patient relationship 734
does not arise out of the client's or patient's attempt to have 736
an abortion without the notification of her parents, guardian, or 738
custodian in accordance with section 2151.85 of the Revised Code. 739
(B) Anyone, who knows or suspects that a child under 741
18
eighteen years of age or a mentally retarded, developmentally 743
disabled, or physically impaired person under twenty-one years of 744
age has suffered or faces a threat of suffering any physical or 745
mental wound, injury, disability, or other condition of a nature 746
that reasonably indicates abuse or neglect of the child, may 747
report or cause reports to be made of that knowledge or suspicion 748
to the public children services agency or to a municipal or 750
county peace officer. 751
(C) Any report made pursuant to division (A) or (B) of 753
this section shall be made forthwith either by telephone or in 754
person and shall be followed by a written report, if requested by 756
the receiving agency or officer. The written report shall
contain: 757
(1) The names and addresses of the child and the child's 759
parents or the person or persons having custody of the child, if 760
known;
(2) The child's age and the nature and extent of the 762
child's known or suspected injuries, abuse, or neglect or of the 763
known or suspected threat of injury, abuse, or neglect, including 764
any evidence of previous injuries, abuse, or neglect; 765
(3) Any other information that might be helpful in 767
establishing the cause of the known or suspected injury, abuse, 768
or neglect or of the known or suspected threat of injury, abuse, 769
or neglect. 770
Any person, who is required by division (A) of this section 772
to report known or suspected child abuse or child neglect, may 773
take or cause to be taken color photographs of areas of trauma 774
visible on a child and, if medically indicated, cause to be 775
performed radiological examinations of the child. 776
(D)(1) Upon the receipt of a report concerning the 778
possible abuse or neglect of a child or the possible threat of 779
abuse or neglect of a child, the municipal or county peace 780
officer who receives the report shall refer the report to the 781
appropriate public children services agency. 783
19
(2) On receipt of a report pursuant to this division or 786
division (A) or (B) of this section, the public children services 788
agency shall comply with section 2151.422 of the Revised Code. 790
(E) No township, municipal, or county peace officer shall 792
remove a child about whom a report is made pursuant to this 793
section from the child's parents, stepparents, or guardian or any 794
other persons having custody of the child without consultation 795
with the public children services agency, unless, in the judgment 798
of the officer, and, if the report was made by physician, the 799
physician, immediate removal is considered essential to protect 800
the child from further abuse or neglect. The agency that must be 803
consulted shall be the agency conducting the investigation of the 804
report as determined pursuant to section 2151.422 of the Revised 805
Code. 806
(F)(1) Except as provided in section 2151.422 of the 809
Revised Code, the public children services agency shall 811
investigate, within twenty-four hours, each report of known or 813
suspected child abuse or child neglect and of a known or 814
suspected threat of child abuse or child neglect that is referred 815
to it under this section to determine the circumstances 816
surrounding the injuries, abuse, or neglect or the threat of 817
injury, abuse, or neglect, the cause of the injuries, abuse, 818
neglect, or threat, and the person or persons responsible. The 819
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 820
understanding prepared under division (J) of this section. A 822
failure to make the investigation in accordance with the 823
memorandum is not grounds for, and shall not result in, the 825
dismissal of any charges or complaint arising from the report or 826
the suppression of any evidence obtained as a result of the 827
report and does not give, and shall not be construed as giving, 828
any rights or any grounds for appeal or post-conviction relief to 829
any person. The public children services agency shall report 832
each case to a central registry which the state department of 834
20
human services shall maintain in order to determine whether prior 835
reports have been made in other counties concerning the child or 836
other principals in the case. The public children services 837
agency shall submit a report of its investigation, in writing to 839
the law enforcement agency.
(2) The public children services agency shall make any 842
recommendations to the county prosecuting attorney or city 844
director of law that it considers necessary to protect any 845
children that are brought to its attention. 846
(G)(1)(a) Except as provided in division (H)(3) of this 848
section, anyone or any hospital, institution, school, health 849
department, or agency participating in the making of reports 850
under division (A) of this section, anyone or any hospital, 851
institution, school, health department, or agency participating 852
in good faith in the making of reports under division (B) of this 853
section, and anyone participating in good faith in a judicial 854
proceeding resulting from the reports, shall be immune from any 855
civil or criminal liability for injury, death, or loss to person 856
or property that otherwise might be incurred or imposed as a 857
result of the making of the reports or the participation in the 858
judicial proceeding. Notwithstanding 859
(b) NOTWITHSTANDING section 4731.22 of the Revised Code, 862
the physician-patient privilege shall not be a ground for 863
excluding evidence regarding a child's injuries, abuse, or 864
neglect, or the cause of the injuries, abuse, or neglect in any 865
judicial proceeding resulting from a report submitted pursuant to 866
this section.
(2) In any civil or criminal action or proceeding in which 868
it is alleged and proved that participation in the making of a 869
report under this section was not in good faith or participation 870
in a judicial proceeding resulting from a report made under this 871
section was not in good faith, the court shall award the 872
prevailing party reasonable attorney's fees and costs and, if a 873
civil action or proceeding is voluntarily dismissed, may award 874
21
reasonable attorney's fees and costs to the party against whom 875
the civil action or proceeding is brought. 876
(H)(1) Except as provided in divisions (H)(4), (M), and 879
(N) of this section, a report made under this section is 880
confidential. The information provided in a report made pursuant 881
to this section and the name of the person who made the report 882
shall not be released for use, and shall not be used, as evidence 883
in any civil action or proceeding brought against the person who 884
made the report. In a criminal proceeding, the report is 885
admissible in evidence in accordance with the Rules of Evidence 886
and is subject to discovery in accordance with the Rules of 887
Criminal Procedure. 888
(2) No person shall permit or encourage the unauthorized 890
dissemination of the contents of any report made under this 891
section. 892
(3) A person who knowingly makes or causes another person 894
to make a false report under division (B) of this section that 895
alleges that any person has committed an act or omission that 896
resulted in a child being an abused child or a neglected child is 897
guilty of a violation of section 2921.14 of the Revised Code. 898
(4) A public children services agency shall advise a 901
person alleged to have inflicted abuse or neglect on a child who 902
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 903
to the person any information that identifies the person who made 905
the report, statements of witnesses, or police or other
investigative reports. 906
(I) Any report that is required by this section shall 908
result in protective services and emergency supportive services 909
being made available by the public children services agency on 911
behalf of the children about whom the report is made, in an 913
effort to prevent further neglect or abuse, to enhance their 914
welfare, and, whenever possible, to preserve the family unit 915
intact. The agency required to provide the services shall be the 917
22
agency conducting the investigation of the report pursuant to 918
section 2151.422 of the Revised Code. 920
(J)(1) Each public children services agency shall prepare 922
a memorandum of understanding that is signed by all of the 924
following:
(a) If there is only one juvenile judge in the county, the 927
juvenile judge of the county or the juvenile judge's 928
representative;
(b) If there is more than one juvenile judge in the 932
county, a juvenile judge or the juvenile judges' representative 933
selected by the juvenile judges or, if they are unable to do so 934
for any reason, the juvenile judge who is senior in point of 935
service or the senior juvenile judge's representative; 936
(c) The county peace officer; 939
(d) All chief municipal peace officers within the county; 942
(e) Other law enforcement officers handling child abuse 944
and neglect cases in the county; 945
(f) The prosecuting attorney of the county; public 948
(g) If the public children services agency is not the 950
county department of human services agency, the county department 952
of human services. 953
(2) A memorandum of understanding shall set forth the 955
normal operating procedure to be employed by all concerned 957
officials in the execution of their respective responsibilities 958
under this section and division (C) of section 2919.21, division 959
(B)(1) of section 2919.22, division (B) of section 2919.23, and 960
section 2919.24 of the Revised Code and shall have as two of its 961
primary goals the elimination of all unnecessary interviews of 962
children who are the subject of reports made pursuant to division 963
(A) or (B) of this section and, when feasible, providing for only 964
one interview of a child who is the subject of any report made 965
pursuant to division (A) or (B) of this section. A failure to 966
follow the procedure set forth in the memorandum by the concerned 968
officials is not grounds for, and shall not result in, the 969
23
dismissal of any charges or complaint arising from any reported 970
case of abuse or neglect or the suppression of any evidence 971
obtained as a result of any reported child abuse or child neglect 972
and does not give, and shall not be construed as giving, any 973
rights or any grounds for appeal or post-conviction relief to any 974
person. 975
(3) A memorandum of understanding shall include all of the 977
following: 978
(a) The roles and responsibilities for handling emergency 981
and non-emergency cases of abuse and neglect; 983
(b) Standards and procedures to be used in handling and 985
coordinating investigations of reported cases of child abuse and 986
reported cases of child neglect, methods to be used in 987
interviewing the child who is the subject of the report and who 988
allegedly was abused or neglected, and standards and procedures 989
addressing the categories of persons who may interview the child 990
who is the subject of the report and who allegedly was abused or 991
neglected. 992
(K)(1) Except as provided in division (K)(4) of this 995
section, a person who is required to make a report pursuant to 996
division (A) of this section may make a reasonable number of 997
requests of the public children services agency that receives or 998
is referred the report to be provided with the following 1,000
information:
(a) Whether the agency has initiated an investigation of 1,003
the report;
(b) Whether the agency is continuing to investigate the 1,006
report;
(c) Whether the agency is otherwise involved with the 1,010
child who is the subject of the report;
(d) The general status of the health and safety of the 1,012
child who is the subject of the report; 1,013
(e) Whether the report has resulted in the filing of a 1,015
complaint in juvenile court or of criminal charges in another 1,016
24
court. 1,017
(2) A person may request the information specified in 1,019
division (K)(1) of this section only if, at the time the report 1,020
is made, the person's name, address, and telephone number are 1,021
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 1,023
public children services agency receives a report pursuant to 1,026
division (A) or (B) of this section the recipient of the report 1,027
shall inform the person of the right to request the information 1,029
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 1,030
neglect report that the person making the report was so informed 1,031
and, if provided at the time of the making of the report, shall 1,032
include the person's name, address, and telephone number in the 1,033
report.
Each request is subject to verification of the identity of 1,035
the person making the report. If that person's identity is 1,038
verified, the agency shall provide the person with the 1,040
information described in division (K)(1) of this section a 1,041
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 1,043
the subject of the report other than the information described in 1,044
those divisions.
(3) A request made pursuant to division (K)(1) of this 1,046
section is not a substitute for any report required to be made 1,047
pursuant to division (A) of this section. 1,048
(4) If an agency other than the agency that received or 1,051
was referred the report is conducting the investigation of the 1,052
report pursuant to section 2151.422 of the Revised Code, the 1,054
agency conducting the investigation shall comply with the 1,055
requirements of division (K) OF THIS SECTION. 1,056
(L) The department of human services shall adopt rules in 1,058
accordance with Chapter 119. of the Revised Code to implement 1,061
this section. The department may enter into a plan of 1,063
25
cooperation with any other governmental entity to aid in ensuring 1,064
that children are protected from abuse and neglect. The 1,065
department shall make recommendations to the attorney general 1,066
that the department determines are necessary to protect children 1,067
from child abuse and child neglect. 1,068
(M) No later than the end of the day following the day on 1,071
which a public children services agency receives a report of 1,072
alleged child abuse or child neglect, or a report of an alleged 1,073
threat of child abuse or child neglect, that allegedly occurred 1,074
in or involved an out-of-home care entity, the agency shall 1,075
provide written notice of the allegations contained in and the 1,077
person named as the alleged perpetrator in the report to the 1,078
administrator, director, or other chief administrative officer of 1,079
the out-of-home care entity that is the subject of the report 1,080
unless the administrator, director, or other chief administrative 1,081
officer is named as an alleged perpetrator in the report. If the 1,082
administrator, director, or other chief administrative officer of 1,083
an out-of-home care entity is named as an alleged perpetrator in 1,084
a report of alleged child abuse or child neglect, or a report of 1,085
an alleged threat of child abuse or child neglect, that allegedly 1,086
occurred in or involved the out-of-home care entity, the agency 1,087
shall provide the written notice to the owner or governing board 1,089
of the out-of-home care entity that is the subject of the report. 1,090
The agency shall not provide witness statements or police or 1,092
other investigative reports.
(N) No later than three days after the day on which a 1,095
public children services agency that conducted the investigation 1,096
as determined pursuant to section 2151.422 of the Revised Code 1,097
makes a disposition of an investigation involving a report of 1,098
alleged child abuse or child neglect, or a report of an alleged 1,099
threat of child abuse or child neglect, that allegedly occurred 1,100
in or involved an out-of-home care entity, the agency shall send 1,103
written notice of the disposition of the investigation to the 1,104
administrator, director, or other chief administrative officer 1,105
26
and the owner or governing board of the out-of-home care entity. 1,106
The agency shall not provide witness statements or police or 1,108
other investigative reports.
Sec. 2317.02. The following persons shall not testify in 1,122
certain respects: 1,123
(A) An attorney, concerning a communication made TO the 1,125
attorney by the attorney's a client in that relation or the 1,126
attorney's advice to the a client, except that the attorney may 1,128
testify by express consent of the client or, if the client is 1,129
deceased, by the express consent of the surviving spouse or the 1,130
executor or administrator of the estate of the deceased client 1,131
and except that, if the client voluntarily testifies or is deemed 1,132
by section 2151.421 of the Revised Code to have waived any 1,133
testimonial privilege under this division, the attorney may be 1,134
compelled to testify on the same subject;
(B)(1) A physician or a dentist concerning a communication 1,136
made TO the physician or dentist by the physician's or dentist's 1,138
a patient in that relation or the physician's or dentist's advice 1,139
to the a patient, except as otherwise provided in this division, 1,140
division (B)(2), and division (B)(3) of this section, and except 1,141
that, if the patient is deemed by section 2151.421 of the Revised 1,142
Code to have waived any testimonial privilege under this 1,143
division, the physician may be compelled to testify on the same 1,144
subject.
The testimonial privilege ESTABLISHED under this division 1,146
does not apply, and a physician or dentist may testify or may be 1,147
compelled to testify, in any of the following circumstances: 1,148
(a) In any civil action, in accordance with the discovery 1,150
provisions of the Rules of Civil Procedure in connection with a 1,151
civil action, or in connection with a claim under Chapter 4123. 1,152
of the Revised Code, under any of the following circumstances: 1,153
(i) If the patient or the guardian or other legal 1,155
representative of the patient gives express consent; 1,156
(ii) If the patient is deceased, the spouse of the patient 1,158
27
or the executor or administrator of the patient's estate gives 1,160
express consent;
(iii) If a medical claim, dental claim, chiropractic 1,162
claim, or optometric claim, as defined in section 2305.11 of the 1,163
Revised Code, an action for wrongful death, any other type of 1,164
civil action, or a claim under Chapter 4123. of the Revised Code 1,165
is filed by the patient, the personal representative of the 1,166
estate of the patient if deceased, or the patient's guardian or 1,168
other legal representative.
(b) In any criminal action concerning any test or the 1,170
results of any test that determines the presence or concentration 1,171
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 1,172
the patient's blood, breath, urine, or other bodily substance at 1,173
any time relevant to the criminal offense in question. 1,174
(c) IN ANY CRIMINAL ACTION AGAINST A PHYSICIAN OR DENTIST. 1,177
IN SUCH AN ACTION, THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER 1,178
THIS DIVISION DOES NOT PROHIBIT THE ADMISSION INTO EVIDENCE, IN 1,179
ACCORDANCE WITH THE RULES OF EVIDENCE, OF A PATIENT'S MEDICAL OR 1,182
DENTAL RECORDS OR OTHER COMMUNICATIONS BETWEEN A PATIENT AND THE 1,183
PHYSICIAN OR DENTIST THAT ARE RELATED TO THE ACTION AND OBTAINED 1,184
BY SUBPOENA, SEARCH WARRANT, OR OTHER LAWFUL MEANS. A COURT THAT 1,185
PERMITS OR COMPELS A PHYSICIAN OR DENTIST TO TESTIFY IN SUCH AN 1,186
ACTION OR PERMITS THE INTRODUCTION INTO EVIDENCE OF PATIENT 1,187
RECORDS OR OTHER COMMUNICATIONS IN SUCH AN ACTION SHALL REQUIRE 1,188
THAT APPROPRIATE MEASURES BE TAKEN TO ENSURE THAT THE 1,189
CONFIDENTIALITY OF ANY PATIENT NAMED OR OTHERWISE IDENTIFIED IN 1,190
THE RECORDS IS MAINTAINED. MEASURES TO ENSURE CONFIDENTIALITY 1,191
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 1,192
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 1,193
(2)(a) If any law enforcement officer submits a written 1,195
statement to a health care provider that states that an official 1,196
criminal investigation has begun regarding a specified person or 1,197
that a criminal action or proceeding has been commenced against a 1,198
specified person, that requests the provider to supply to the 1,199
28
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 1,200
specified person to determine the presence or concentration of 1,201
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 1,202
person's blood, breath, or urine at any time relevant to the 1,203
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 1,204
specifically prohibited by any law of this state or of the United 1,205
States, shall supply to the officer a copy of any of the 1,206
requested records the provider possesses. If the health care 1,207
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 1,208
indicates that the provider does not possess any of the requested 1,209
records.
(b) If a health care provider possesses any records of the 1,211
type described in division (B)(2)(a) of this section regarding 1,212
the person in question at any time relevant to the criminal 1,213
offense in question, in lieu of personally testifying as to the 1,214
results of the test in question, the custodian of the records may 1,215
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 1,216
admitted as evidence in accordance with the Rules of Evidence. 1,217
Division (A) of section 2317.422 of the Revised Code does not 1,218
apply to any certified copy of records submitted in accordance 1,219
with this division. Nothing in this division shall be construed 1,220
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 1,221
person under whose supervision the test was administered, the 1,222
custodian of the records, the person who made the records, or the 1,223
person under whose supervision the records were made. 1,224
(3)(a) If the testimonial privilege described in division 1,226
(B)(1) of this section does not apply as provided in division 1,227
(B)(1)(a)(iii) of this section, a physician or dentist may be 1,228
compelled to testify or to submit to discovery under the Rules of 1,229
29
Civil Procedure only as to a communication made TO the physician 1,230
or dentist by the patient in question in that relation, or the 1,231
physician's or dentist's advice to the patient in question, that 1,233
related causally or historically to physical or mental injuries 1,234
that are relevant to issues in the medical claim, dental claim, 1,235
chiropractic claim, or optometric claim, action for wrongful 1,236
death, other civil action, or claim under Chapter 4123. of the 1,237
Revised Code.
(b) If the testimonial privilege described in division 1,239
(B)(1) of this section does not apply to a physician or dentist 1,240
as provided in division (B)(1)(b) of this section, the physician 1,241
or dentist, in lieu of personally testifying as to the results of 1,242
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 1,243
qualified as authentic evidence and may be admitted as evidence 1,244
in accordance with the Rules of Evidence. Division (A) of 1,245
section 2317.422 of the Revised Code does not apply to any 1,246
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 1,247
the right of any party to call as a witness the person who 1,248
administered the test in question, the person under whose 1,249
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 1,250
person under whose supervision the results were compiled. 1,251
(4)(a) As used in divisions (B)(1) to (3) of this section, 1,253
"communication" means acquiring, recording, or transmitting any 1,254
information, in any manner, concerning any facts, opinions, or 1,255
statements necessary to enable a physician or dentist to 1,256
diagnose, treat, prescribe, or act for a patient. A 1,257
"communication" may include, but is not limited to, any medical 1,258
or dental, office, or hospital communication such as a record, 1,259
chart, letter, memorandum, laboratory test and results, x-ray, 1,260
photograph, financial statement, diagnosis, or prognosis. 1,261
(b) As used in division (B)(2) of this section, "health 1,263
30
care provider" has the same meaning as in section 3729.01 of the 1,264
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 1,266
apply to doctors of medicine, doctors of osteopathic medicine, 1,267
doctors of podiatry, and dentists. 1,268
(6) Nothing in divisions (B)(1) to (5) of this section 1,270
affects, or shall be construed as affecting, the immunity from 1,271
civil liability conferred by section 2305.33 of the Revised Code 1,272
upon physicians who report an employee's use of a drug of abuse, 1,273
or a condition of an employee other than one involving the use of 1,274
a drug of abuse, to the employer of the employee in accordance 1,275
with division (B) of that section. As used in this division 1,276
(B)(6) OF THIS SECTION, "employee," "employer," and "physician" 1,278
have the same meanings as in section 2305.33 of the Revised Code. 1,279
(C) A member of the clergy, rabbi, priest, or regularly 1,281
ordained, accredited, or licensed minister of an established and 1,283
legally cognizable church, denomination, or sect, when the cleric 1,284
MEMBER OF THE CLERGY, rabbi, priest, or minister remains 1,286
accountable to the authority of that church, denomination, or 1,287
sect, concerning a confession made, or any information 1,288
confidentially communicated, TO the clergyman MEMBER OF THE 1,289
CLERGY, rabbi, priest, or minister for a religious counseling 1,290
purpose in the clergyman's MEMBER OF THE CLERGY'S, rabbi's, 1,291
priest's, or minister's professional character; however, the 1,293
cleric MEMBER OF THE CLERGY, rabbi, priest, or minister may 1,295
testify by express consent of the person making the 1,296
communication, except when the disclosure of the information is 1,297
in violation of the clergyman's rabbi's, priest's, or minister's 1,298
a sacred trust.
(D) Husband or wife, concerning any communication made by 1,300
one to the other, or an act done by either in the presence of the 1,301
other, during coverture, unless the communication was made, or 1,302
act done, in the known presence or hearing of a third person 1,303
competent to be a witness; and such rule is the same if the 1,304
31
marital relation has ceased to exist. 1,305
(E) A person who assigns a claim or interest, concerning 1,307
any matter in respect to which the person would not, if a party, 1,309
be permitted to testify;
(F) A person who, if a party, would be restricted under 1,312
section 2317.03 of the Revised Code, when the property or thing 1,313
is sold or transferred by an executor, administrator, guardian, 1,314
trustee, heir, devisee, or legatee, shall be restricted in the 1,315
same manner in any action or proceeding concerning the property 1,316
or thing.
(G)(1) A school guidance counselor who holds a valid 1,318
educator license from the state board of education as provided 1,320
for in section 3319.22 of the Revised Code, a person licensed 1,321
under Chapter 4757. of the Revised Code as a professional 1,322
clinical counselor, professional counselor, social worker, or 1,323
independent social worker, or registered under Chapter 4757. of 1,324
the Revised Code as a social work assistant concerning a 1,325
confidential communication such person such person's received 1,326
from a client in that relation or such person's the person's 1,327
advice to the a client unless any of the following applies: 1,328
(a) The communication or advice indicates clear and 1,330
present danger to the client or other persons. For the purposes 1,331
of this division, cases in which there are indications of present 1,332
or past child abuse or neglect of the client constitute a clear 1,333
and present danger. 1,334
(b) The client gives express consent to the testimony. 1,336
(c) If the client is deceased, the surviving spouse or the 1,338
executor or administrator of the estate of the deceased client 1,339
gives express consent. 1,340
(d) The client voluntarily testifies, in which case the 1,342
school guidance counselor or person licensed or registered under 1,343
Chapter 4757. of the Revised Code may be compelled to testify on 1,345
the same subject.
(e) The court in camera determines that the information 1,347
32
communicated by the client is not germane to the counselor-client 1,348
or social worker-client relationship. 1,349
(f) A court, in an action brought against a school, its 1,351
administration, or any of its personnel by the client, rules 1,352
after an in-camera inspection that the testimony of the school 1,353
guidance counselor is relevant to that action. 1,354
(2) Nothing in division (G)(1) of this section shall 1,356
relieve a school guidance counselor or a person licensed or 1,358
registered under Chapter 4757. of the Revised Code from the 1,360
requirement to report information concerning child abuse or 1,361
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 1,363
division (A) of section 3109.052 of the Revised Code or otherwise 1,364
issued in any proceeding for divorce, dissolution, legal 1,365
separation, annulment, or the allocation of parental rights and 1,366
responsibilities for the care of children, in any action or 1,367
proceeding, other than a criminal, delinquency, child abuse, 1,368
child neglect, or dependent child action or proceeding, that is 1,369
brought by or against either parent who takes part in mediation 1,370
in accordance with the order and that pertains to the mediation 1,371
process, to any information discussed or presented in the 1,372
mediation process, to the allocation of parental rights and 1,373
responsibilities for the care of the parents' children, or to the 1,374
awarding of visitation rights in relation to their children. 1,375
(I) A communications assistant, acting within the scope of 1,377
the communication that assistant's authority, when providing 1,378
telecommunications relay service pursuant to section 4931.35 of 1,380
the Revised Code or Title II of the "Communications Act of 1934," 1,381
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 1,382
made through a telecommunications relay service. 1,383
Nothing in this section shall limit any immunity or 1,385
privilege granted under federal law or regulation. Nothing in 1,386
this section shall limit the obligation of a communications 1,387
assistant to divulge information or testify when mandated by 1,388
33
federal law or regulation or pursuant to subpoena in a criminal 1,389
proceeding. 1,390
Sec. 2925.01. As used in this chapter: 1,403
(A) "Administer," "controlled substance," "dispense," 1,405
"distribute," "federal drug abuse control laws," "hypodermic," 1,406
"manufacturer," "official written order," "person," "pharmacist," 1,408
"pharmacy," "practitioner," "prescription," "sale," "schedule I," 1,409
"schedule II," "schedule III," "schedule IV," "schedule V," and 1,410
"wholesaler" have the same meanings as in section 3719.01 of the 1,411
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 1,413
same meanings as in section 3719.011 of the Revised Code. 1,414
(C) "Drug," "dangerous drug," and "Federal Food, Drug, and 1,416
Cosmetic Act" have the same meanings as in section 4729.02 of the 1,417
Revised Code. 1,418
(D) "Bulk amount" of a controlled substance means any of 1,420
the following: 1,421
(1) For any compound, mixture, preparation, or substance 1,423
included in schedule I, schedule II, or schedule III, with the 1,425
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 1,427
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 1,429
twenty-five unit doses of a compound, mixture, preparation, or 1,430
substance that is or contains any amount of a schedule I opiate 1,431
or opium derivative; 1,432
(b) An amount equal to or exceeding ten grams of a 1,435
compound, mixture, preparation, or substance that is or contains 1,436
any amount of raw or gum opium; 1,437
(c) An amount equal to or exceeding thirty grams or ten 1,440
unit doses of a compound, mixture, preparation, or substance that 1,441
is or contains any amount of a schedule I hallucinogen other than 1,442
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,445
stimulant or depressant; 1,446
34
(d) An amount equal to or exceeding twenty grams or five 1,449
times the maximum daily dose in the usual dose range specified in 1,450
a standard pharmaceutical reference manual of a compound, 1,451
mixture, preparation, or substance that is or contains any amount 1,452
of a schedule II opiate or opium derivative; 1,453
(e) An amount equal to or exceeding five grams or ten unit 1,455
doses of a compound, mixture, preparation, or substance that is 1,456
or contains any amount of phencyclidine; 1,457
(f) An amount equal to or exceeding one hundred twenty 1,459
grams or thirty times the maximum daily dose in the usual dose 1,460
range specified in a standard pharmaceutical reference manual of 1,461
a compound, mixture, preparation, or substance that is or 1,462
contains any amount of a schedule II stimulant that is in a final 1,463
dosage form manufactured by a person authorized by the Federal 1,464
Food, Drug, and Cosmetic Act and the federal drug abuse control 1,465
laws, that is or contains any amount of a schedule II depressant 1,466
substance or a schedule II hallucinogenic substance; 1,467
(g) An amount equal to or exceeding three grams of a 1,470
compound, mixture, preparation, or substance that is or contains 1,471
any amount of a schedule II stimulant, or any of its salts or 1,472
isomers, that is not in a final dosage form manufactured by a 1,473
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,474
the federal drug abuse control laws. 1,475
(2) An amount equal to or exceeding one hundred twenty 1,478
grams or thirty times the maximum daily dose in the usual dose 1,479
range specified in a standard pharmaceutical reference manual of 1,481
a compound, mixture, preparation, or substance that is or 1,483
contains any amount of a schedule III or IV substance other than 1,485
an anabolic steroid or a schedule III opiate or opium derivative; 1,486
(3) An amount equal to or exceeding twenty grams or five 1,488
times the maximum daily dose in the usual dose range specified in 1,489
a standard pharmaceutical reference manual of a compound, 1,490
mixture, specification PREPARATION, or substance that is or 1,492
contains any amount of a schedule III opiate or opium derivative;
35
(4) An amount equal to or exceeding two hundred fifty 1,494
milliliters or two hundred fifty grams of a compound, mixture, 1,495
preparation, or substance that is or contains any amount of a 1,496
schedule V substance; 1,497
(5) An amount equal to or exceeding two hundred solid 1,500
dosage units, sixteen grams, or sixteen milliliters of a 1,501
compound, mixture, preparation, or substance that is or contains 1,502
any amount of a schedule III anabolic steroid. 1,503
(E) "Unit dose" means an amount or unit of a compound, 1,505
mixture, or preparation containing a controlled substance that is 1,506
separately identifiable and is in a form indicating that 1,507
indicates that it is the amount or unit by which the controlled 1,509
substance is separately administered to or taken by an 1,510
individual. 1,511
(F) "Cultivate" includes planting, watering, fertilizing, 1,513
or tilling. 1,514
(G) "Drug abuse offense" means any of the following: 1,516
(1) A violation of division (A) of section 2913.02 that 1,518
constitutes theft of drugs, or a violation of section 2925.02, 1,519
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,520
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,522
Revised Code;
(2) A violation of an existing or former law of this or 1,524
any other state or of the United States that is substantially 1,525
equivalent to any section listed in division (G)(1) of this 1,526
section; 1,527
(3) An offense under an existing or former law of this or 1,529
any other state, or of the United States, of which planting, 1,530
cultivating, harvesting, processing, making, manufacturing, 1,531
producing, shipping, transporting, delivering, acquiring, 1,532
possessing, storing, distributing, dispensing, selling, inducing 1,533
another to use, administering to another, using, or otherwise 1,534
dealing with a controlled substance is an element; 1,535
(4) A conspiracy to commit, attempt to commit, or 1,537
36
complicity in committing or attempting to commit any offense 1,538
under division (G)(1), (2), or (3) of this section. 1,539
(H) "Felony drug abuse offense" means any drug abuse 1,541
offense that would constitute a felony under the laws of this 1,542
state, any other state, or the United States. 1,543
(I) "Harmful intoxicant" does not include beer or 1,545
intoxicating liquor but means any compound, mixture, preparation, 1,547
or substance the gas, fumes, or vapor of which when inhaled can 1,548
induce intoxication, excitement, giddiness, irrational behavior, 1,549
depression, stupefaction, paralysis, unconsciousness, 1,550
asphyxiation, or other harmful physiological effects, and 1,551
includes, but is not limited to, any of the following: 1,552
(1) Any volatile organic solvent, plastic cement, model 1,554
cement, fingernail polish remover, lacquer thinner, cleaning 1,555
fluid, gasoline, or other preparation containing a volatile 1,556
organic solvent; 1,557
(2) Any aerosol propellant; 1,559
(3) Any fluorocarbon refrigerant; 1,561
(4) Any anesthetic gas. 1,563
(J) "Manufacture" means to plant, cultivate, harvest, 1,565
process, make, prepare, or otherwise engage in any part of the 1,566
production of a drug, by propagation, extraction, chemical 1,567
synthesis, or compounding, or any combination of the same, and 1,568
includes packaging, repackaging, labeling, and other activities 1,569
incident to production. 1,570
(K) "Possess" or "possession" means having control over a 1,572
thing or substance, but may not be inferred solely from mere 1,573
access to the thing or substance through ownership or occupation 1,574
of the premises upon which the thing or substance is found. 1,575
(L) "Sample drug" means a drug or pharmaceutical 1,577
preparation that would be hazardous to health or safety if used 1,578
without the supervision of a practitioner, or a drug of abuse, 1,579
and that, at one time, had been placed in a container plainly 1,580
marked as a sample by a manufacturer. 1,581
37
(M) "Standard pharmaceutical reference manual" means the 1,583
current edition, with cumulative changes if any, of any of the 1,584
following reference works: 1,585
(1) "The National Formulary"; 1,587
(2) "The United States Pharmacopeia," prepared by 1,589
authority of the United States Pharmacopeial Convention, Inc.; 1,590
(3) Other standard references that are approved by the 1,592
state board of pharmacy. 1,593
(N) "Juvenile" means a person under eighteen years of age. 1,595
(O) "Counterfeit controlled substance" means any of the 1,597
following: 1,598
(1) Any drug that bears, or whose container or label 1,600
bears, a trademark, trade name, or other identifying mark used 1,601
without authorization of the owner of rights to that trademark, 1,602
trade name, or identifying mark; 1,603
(2) Any unmarked or unlabeled substance that is 1,605
represented to be a controlled substance manufactured, processed, 1,606
packed, or distributed by a person other than the person that 1,607
manufactured, processed, packed, or distributed it; 1,608
(3) Any substance that is represented to be a controlled 1,610
substance but is not a controlled substance or is a different 1,611
controlled substance; 1,612
(4) Any substance other than a controlled substance that a 1,614
reasonable person would believe to be a controlled substance 1,615
because of its similarity in shape, size, and color, or its 1,616
markings, labeling, packaging, distribution, or the price for 1,617
which it is sold or offered for sale. 1,618
(P) An offense is "committed in the vicinity of a school" 1,620
if the offender commits the offense on school premises, in a 1,621
school building, or within one thousand feet of the boundaries of 1,622
any school premises.
(Q) "School" means any school operated by a board of 1,624
education or any school for which the state board of education 1,625
prescribes minimum standards under section 3301.07 of the Revised 1,626
38
Code, whether or not any instruction, extracurricular activities, 1,627
or training provided by the school is being conducted at the time 1,628
a criminal offense is committed. 1,629
(R) "School premises" means either of the following: 1,631
(1) The parcel of real property on which any school is 1,633
situated, whether or not any instruction, extracurricular 1,634
activities, or training provided by the school is being conducted 1,635
on the premises at the time a criminal offense is committed; 1,636
(2) Any other parcel of real property that is owned or 1,638
leased by a board of education of a school or the governing body 1,639
of a school for which the state board of education prescribes 1,640
minimum standards under section 3301.07 of the Revised Code and 1,641
on which some of the instruction, extracurricular activities, or 1,642
training of the school is conducted, whether or not any 1,643
instruction, extracurricular activities, or training provided by 1,644
the school is being conducted on the parcel of real property at 1,645
the time a criminal offense is committed. 1,646
(S) "School building" means any building in which any of 1,648
the instruction, extracurricular activities, or training provided 1,649
by a school is conducted, whether or not any instruction, 1,650
extracurricular activities, or training provided by the school is 1,651
being conducted in the school building at the time a criminal 1,652
offense is committed. 1,653
(T) "Disciplinary counsel" means the disciplinary counsel 1,655
appointed by the board of commissioners on grievances and 1,656
discipline of the supreme court under the Rules for the 1,657
Government of the Bar of Ohio. 1,658
(U) "Certified grievance committee" means a duly 1,660
constituted and organized committee of the Ohio state bar 1,661
association or of one or more local bar associations of the state 1,662
of Ohio that complies with the criteria set forth in Rule V, 1,663
section 6 of the Rules for the Government of the Bar of Ohio. 1,664
(V) "Professional license" means any license, permit, 1,666
certificate, registration, qualification, admission, temporary 1,667
39
license, temporary permit, temporary certificate, or temporary 1,668
registration that is described in divisions (W)(1) to (35) of 1,669
this section and that qualifies a person as a professionally 1,670
licensed person. 1,671
(W) "Professionally licensed person" means any of the 1,673
following: 1,674
(1) A person who has obtained a license as a manufacturer 1,676
of controlled substances or a wholesaler of controlled substances 1,677
under Chapter 3719. of the Revised Code; 1,678
(2) A person who has received a certificate or temporary 1,680
certificate as a certified public accountant or who has 1,681
registered as a public accountant under Chapter 4701. of the 1,682
Revised Code and who holds a live permit issued under that 1,683
chapter; 1,684
(3) A person who holds a certificate of qualification to 1,686
practice architecture issued or renewed and registered under 1,687
Chapter 4703. of the Revised Code; 1,688
(4) A person who is registered as a landscape architect 1,690
under Chapter 4703. of the Revised Code or who holds a permit as 1,691
a landscape architect issued under that chapter; 1,692
(5) A person licensed as an auctioneer or apprentice 1,694
auctioneer or licensed to operate an auction company under 1,695
Chapter 4707. of the Revised Code; 1,696
(6) A person who has been issued a certificate of 1,698
registration as a registered barber under Chapter 4709. of the 1,699
Revised Code; 1,700
(7) A person licensed and regulated to engage in the 1,702
business of a debt pooling company by a legislative authority, 1,703
under authority of Chapter 4710. of the Revised Code; 1,704
(8) A person who has been issued a cosmetologist's 1,706
license, manicurist's license, esthetician's license, managing 1,707
cosmetologist's license, managing manicurist's license, managing 1,708
esthetician's license, cosmetology instructor's license, 1,709
manicurist instructor's license, esthetician instructor's 1,710
40
license, or tanning facility permit under Chapter 4713. of the 1,711
Revised Code; 1,712
(9) A person who has been issued a license to practice 1,714
dentistry, a general anesthesia permit, a conscious intravenous 1,715
sedation permit, a limited resident's license, a limited teaching 1,716
license, a dental hygienist's license, or a dental hygienist's 1,717
teacher's certificate under Chapter 4715. of the Revised Code; 1,718
(10) A person who has been issued an embalmer's license, a 1,720
funeral director's license, or a funeral home license, or who has 1,721
been registered for a funeral director's apprenticeship under 1,722
Chapter 4717. of the Revised Code; 1,723
(11) A person who has been licensed as a registered nurse 1,725
or practical nurse, or who has been issued a certificate for the 1,726
practice of nurse-midwifery under Chapter 4723. of the Revised 1,727
Code; 1,728
(12) A person who has been licensed to practice optometry 1,730
or to engage in optical dispensing under Chapter 4725. of the 1,731
Revised Code; 1,732
(13) A person licensed to act as a pawnbroker under 1,734
Chapter 4727. of the Revised Code; 1,735
(14) A person licensed to act as a precious metals dealer 1,737
under Chapter 4728. of the Revised Code; 1,738
(15) A person registered as a pharmacist, a pharmacy 1,740
intern, a wholesale distributor of dangerous drugs, or a terminal 1,741
distributor of dangerous drugs under Chapter 4729. of the Revised 1,742
Code; 1,743
(16) A person who is authorized to practice as a physician 1,745
assistant under Chapter 4730. of the Revised Code; 1,746
(17) A person who has been issued a certificate to 1,748
practice medicine and surgery, osteopathic medicine and surgery, 1,749
a limited branch of medicine or surgery, or podiatry under 1,750
Chapter 4731. of the Revised Code; 1,751
(18) A person licensed as a psychologist or school 1,753
psychologist under Chapter 4732. of the Revised Code; 1,754
41
(19) A person registered to practice the profession of 1,756
engineering or surveying under Chapter 4733. of the Revised Code; 1,757
(20) A person who has been issued a certificate LICENSE to 1,759
practice chiropractic under Chapter 4734. of the Revised Code; 1,760
(21) A person licensed to act as a real estate broker, 1,762
real estate salesman, limited real estate broker, or limited real 1,763
estate salesman under Chapter 4735. of the Revised Code; 1,764
(22) A person registered as a registered sanitarian under 1,766
Chapter 4736. of the Revised Code; 1,767
(23) A person licensed to operate or maintain a junkyard 1,769
under Chapter 4737. of the Revised Code; 1,770
(24) A person who has been issued a motor vehicle salvage 1,772
dealer's license under Chapter 4738. of the Revised Code; 1,773
(25) A person who has been licensed to act as a steam 1,775
engineer under Chapter 4739. of the Revised Code; 1,776
(26) A person who has been issued a license or temporary 1,778
permit to practice veterinary medicine or any of its branches, or 1,779
who is registered as a graduate animal technician under Chapter 1,780
4741. of the Revised Code; 1,781
(27) A person who has been issued a hearing aid dealer's 1,783
or fitter's license or trainee permit under Chapter 4747. of the 1,784
Revised Code; 1,785
(28) A person who has been issued a class A, class B, or 1,787
class C license or who has been registered as an investigator or 1,788
security guard employee under Chapter 4749. of the Revised Code; 1,789
(29) A person licensed and registered to practice as a 1,791
nursing home administrator under Chapter 4751. of the Revised 1,792
Code; 1,793
(30) A person licensed to practice as a speech 1,795
SPEECH-LANGUAGE pathologist or audiologist under Chapter 4753. of 1,797
the Revised Code;
(31) A person issued a license as an occupational 1,799
therapist or physical therapist under Chapter 4755. of the 1,800
Revised Code; 1,801
42
(32) A person who is licensed as a professional clinical 1,803
counselor or professional counselor, licensed as a social worker 1,804
or independent social worker, or registered as a social work 1,805
assistant under Chapter 4757. of the Revised Code; 1,806
(33) A person issued a license to practice dietetics under 1,808
Chapter 4759. of the Revised Code; 1,809
(34) A person who has been issued a license or temporary 1,811
LIMITED permit to practice respiratory therapy under Chapter 1,812
4761. of the Revised Code; 1,814
(35) A person who has been issued a real estate appraiser 1,816
certificate under Chapter 4763. of the Revised Code. 1,817
(X) "Cocaine" means any of the following: 1,819
(1) A cocaine salt, isomer, or derivative, a salt of a 1,821
cocaine isomer or derivative, or the base form of cocaine; 1,822
(2) Coca leaves or a salt, compound, derivative, or 1,824
preparation of coca leaves, including ecgonine, a salt, isomer, 1,825
or derivative of ecgonine, or a salt of an isomer or derivative 1,826
of ecgonine; 1,827
(3) A salt, compound, derivative, or preparation of a 1,829
substance identified in division (X)(1) or (2) of this section 1,831
that is chemically equivalent to or identical with any of those 1,832
substances, except that the substances shall not include 1,833
decocainized coca leaves or extraction of coca leaves if the 1,834
extractions do not contain cocaine or ecgonine. 1,835
(Y) "L.S.D." means lysergic acid diethylamide. 1,838
(Z) "Hashish" means the resin or a preparation of the 1,840
resin contained in marihuana, whether in solid form or in a 1,841
liquid concentrate, liquid extract, or liquid distillate form. 1,842
(AA) "Marihuana" has the same meaning as in section 1,844
3719.01 of the Revised Code, except that it does not include 1,846
hashish.
(BB) An offense is "committed in the vicinity of a 1,848
juvenile" if the offender commits the offense within one hundred 1,850
feet of a juvenile or within the view of a juvenile, regardless 1,851
43
of whether the offender knows the age of the juvenile, whether 1,852
the offender knows the offense is being committed within one 1,853
hundred feet of or within view of the juvenile, or whether the 1,854
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 1,856
a prison term shall be imposed" means a presumption, as described 1,857
in division (D) of section 2929.13 of the Revised Code, that a 1,858
prison term is a necessary sanction for a felony in order to 1,859
comply with the purposes and principles of sentencing under 1,860
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 1,862
section 2929.01 of the Revised Code. 1,863
(EE) "Minor drug possession offense" means either of the 1,865
following: 1,866
(1) A violation of section 2925.11 of the Revised Code as 1,868
it existed prior to July 1, 1996; 1,869
(2) A violation of section 2925.11 of the Revised Code as 1,871
it exists on and after July 1, 1996, this that is a misdemeanor 1,872
or a felony of the fifth degree. 1,873
(FF) "Mandatory prison term" has the same meaning as in 1,876
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 1,878
preparation, or substance that is or contains any amount of 1,879
cocaine that is analytically identified as the base form of 1,880
cocaine or that is in a form that resembles rocks or pebbles 1,881
generally intended for individual use.
Sec. 3719.121. (A) Except as otherwise provided in 1,890
section 4723.28, 4730.25, or 4731.22 of the Revised Code, the 1,892
license, certificate, or registration of any practitioner, nurse, 1,894
physician assistant, pharmacist, manufacturer, or wholesaler, who 1,895
is or becomes addicted to the use of controlled substances, shall 1,896
be suspended by the board that authorized the person's license, 1,897
certificate, or registration until the person offers satisfactory 1,899
proof to the board that the person no longer is addicted to the 1,900
44
use of controlled substances. 1,901
(B) If the board under which a person has been issued a 1,904
license, certificate, or evidence of registration determines that 1,906
there is clear and convincing evidence that continuation of the 1,907
person's professional practice or method of distributing 1,908
controlled substances presents a danger of immediate and serious 1,909
harm to others, the board may suspend the person's license, 1,910
certificate, or registration without a hearing. Except as 1,912
otherwise provided in sections 4715.30, 4723.281, 4730.25, and 1,913
4731.22 of the Revised Code, the board shall follow the procedure 1,914
for suspension without a prior hearing in section 119.07 of the 1,917
Revised Code. The suspension shall remain in effect, unless 1,918
removed by the board, until the board's final adjudication order 1,919
becomes effective, except that if the board does not issue its 1,920
final adjudication order within ninety days after the hearing, 1,921
the suspension shall be void on the ninety-first day after the 1,922
hearing.
(C) On receiving notification pursuant to section 2929.24 1,924
or 3719.12 of the Revised Code, the board under which a person 1,925
has been issued a license, certificate, or evidence of 1,926
registration immediately shall suspend the license, certificate, 1,928
or registration of that person on a plea of guilty to, a finding 1,931
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 1,933
eligibility for treatment in lieu of conviction; a plea of guilty 1,935
to, or a finding by a jury or court of the person's guilt of, or 1,936
the person's conviction of an offense in another jurisdiction 1,937
that is essentially the same as a felony drug abuse offense; or a 1,938
finding by a court of the person's eligibility for treatment in 1,939
lieu of conviction in another jurisdiction. The board shall 1,940
notify the holder of the license, certificate, or registration of 1,941
the suspension, which shall remain in effect until the board 1,943
holds an adjudicatory hearing ADJUDICATION under Chapter 119. of 1,944
the Revised Code.
45
Sec. 4713.01. As used in sections 4713.01 to 4713.21 of 1,953
the Revised Code: 1,954
(A) The practice of cosmetology includes work done for 1,956
pay, free, or otherwise, by any person, which work is usually 1,957
performed by hairdressers, cosmetologists, cosmeticians, or 1,958
beauty culturists, however denominated, in beauty salons; which 1,959
work is for the embellishment, cleanliness, and beautification of 1,960
hair, wigs, and postiches, such as arranging, dressing, pressing, 1,961
curling, waving, permanent waving, cleansing, cutting, singeing, 1,962
bleaching, coloring, weaving, or similar work, and the massaging, 1,963
cleansing, stimulating, manipulating, exercising, or similar work 1,964
by the use of manual massage techniques or mechanical or 1,965
electrically operated apparatus or appliances, or cosmetics, 1,966
preparations, tonics, antiseptics, creams, or lotions, and of 1,967
manicuring the nails or application of artificial nails, which 1,968
enumerated practices shall be inclusive of the practice of 1,969
cosmetology, but not in limitation thereof. Sections 4713.01 to 1,970
4713.21 of the Revised Code do not permit any of the services or 1,971
arts described in this division to be used for the treatment or 1,972
cure of any physical or mental diseases or ailments. 1,973
The retail sale or the trial demonstration by application 1,975
to the skin for purposes of retail sale of cosmetics, 1,976
preparations, tonics, antiseptics, creams, lotions, wigs, and 1,977
postiches shall not be considered the practice of cosmetology. 1,978
(B) "Cosmetologist," "cosmetician," "beauty culturist," 1,980
or "hairdresser," means any person who, for pay, free, or 1,981
otherwise, engages in the practice of cosmetology. 1,982
(C) "Manicurist" means any person who, for pay, free, or 1,984
otherwise, engages only in the occupation of manicuring the nails 1,985
of any person or the application of artificial or sculptured 1,986
nails, or both. 1,987
(D) "The practice of esthetics" includes work done for 1,989
pay, free, or otherwise, by any person, which work is the 1,990
application of cosmetics, tonics, antiseptics, creams, lotions, 1,991
46
or other preparations for the purpose of skin beautification and 1,992
includes preparation of the skin by manual massage techniques or 1,993
by use of electrical, mechanical, or other apparatus. 1,994
(E) "Esthetician" means any person who, for pay, free, or 1,996
otherwise, engages only in the practice of esthetics. 1,997
(F) "Beauty salon" means any premises, building, or part 1,999
of a building, in which any branch of cosmetology, except the 2,000
occupation of a manicurist when carried on in a barber shop 2,001
licensed under Chapter 4709. of the Revised Code, or the 2,002
occupation of a cosmetologist is practiced. 2,003
(G) "Student" means any person who is engaged in learning 2,005
or acquiring knowledge of the occupation of a cosmetologist, 2,006
manicurist, or esthetician in a school of cosmetology. 2,007
(H) "School of cosmetology" means any premises, building, 2,009
or part of a building in which students are instructed in the 2,010
theories and practices of cosmetology, manicuring, and esthetics. 2,011
(I) "Managing cosmetologist" means any person who has met 2,013
the requirements of division (D) of section 4713.04 of the 2,014
Revised Code, and has applied for and received a managing 2,015
cosmetologist license. 2,016
(J) "Cosmetology instructor" means any person who has met 2,018
the requirements of division (E) of section 4713.04 of the 2,019
Revised Code, and has applied for and received an instructor's 2,020
license. 2,021
(K) "Apprentice instructor" means any licensee of the 2,023
state board of cosmetology who is engaged in learning or 2,024
acquiring knowledge of the occupation of an instructor, in any 2,025
branch of cosmetology in a duly licensed school of cosmetology. 2,027
(L) "Cosmetic therapy" and "cosmetic therapist" have HAS 2,029
the same meanings MEANING as in section 4731.15 of the Revised 2,030
Code.
(M) "Nail salon" means any premises, building, or part of 2,032
a building in which manicurists engage only in the occupation of 2,033
manicuring the nails of any person or the application of 2,034
47
artificial or sculptured nails, or both. For administrative 2,035
purposes, a nail salon is deemed the equivalent of a beauty salon 2,036
and is subject to appropriate rules with respect to sanitation 2,037
and sterilization. A licensed manicurist may practice the 2,038
occupation of manicuring nails in a nail salon, in a beauty 2,039
salon, or in a barber shop. 2,040
(N) "Esthetics salon" means any premises, building, or 2,042
part of a building in which esthetics is performed by a person 2,043
licensed as a cosmetologist or esthetician. For administrative 2,044
purposes, an esthetics salon is deemed the equivalent of a beauty 2,045
salon and is subject to the appropriate rules with respect to 2,046
sanitation and sterilization. 2,047
(O) "Managing manicurist" means any person who has met the 2,049
requirements of division (H) of section 4713.04 of the Revised 2,050
Code, and has applied for and received a managing manicurist 2,051
license. 2,052
(P) "Manicurist instructor" means any person who meets the 2,054
requirements of division (L) of section 4713.04 of the Revised 2,055
Code and who has applied for and received a manicurist instructor 2,056
license. 2,057
(Q) "Managing esthetician" means any person who has met 2,059
the requirements of division (J) of section 4713.04 of the 2,060
Revised Code, and has applied for and received a managing 2,061
esthetician's license. 2,062
(R) "Esthetics instructor" means any person who meets the 2,064
requirements of division (K) of section 4713.04 of the Revised 2,065
Code and who has applied for and received an esthetics instructor 2,066
license. 2,067
(S) "Glamour photography" means the combination of a 2,069
photographic service or product with the delivery of a 2,070
cosmetology service advertised or sold to the public. 2,071
Sec. 4713.12. Sections 4713.01 to 4713.21 of the Revised 2,080
Code do not prohibit service in cases of emergency or domestic 2,081
administration, without compensation. The following persons 2,082
48
shall be exempt from the provisions of such sections: 2,083
(A) All persons authorized to practice medicine, surgery, 2,085
dentistry, and nursing or any of its branches in this state; 2,086
(B) Commissioned surgical and medical officers of the 2,088
United States army, navy, or marine hospital service when engaged 2,089
in the actual performance of their official duties, and 2,090
attendants attached to same; 2,091
(C) Barbers, insofar as their usual and ordinary vocation 2,093
and profession is concerned; 2,094
(D) Funeral directors, embalmers, and apprentices licensed 2,096
or registered under Chapter 4717. of the Revised Code; 2,097
(E) Persons who are engaged in the retail sale, cleaning, 2,099
or beautification of wigs and postiches but who do not engage in 2,100
any other act constituting the practice of cosmetology; 2,101
(F) Volunteers of hospitals, and homes as defined in 2,103
section 3721.01 of the Revised Code, who render service to 2,104
registered patients and inpatients who reside in such hospitals 2,105
or homes. Such volunteers shall not use or work with any 2,106
chemical products such as permanent wave, hair dye, or chemical 2,107
hair relaxer, which without proper training would pose a health 2,108
or safety problem to the patient. 2,109
(G) Nurses aides and other employees of hospitals and 2,111
homes as defined in section 3721.01 of the Revised Code, who 2,112
render cosmetology services to registered patients only as part 2,113
of general patient care services and who do not charge patients 2,114
directly on a fee for service basis; 2,115
(H) Cosmetic therapists who HOLD CURRENT, VALID 2,117
CERTIFICATES TO practice cosmetic therapy in premises approved 2,118
ISSUED by the state medical board under Chapter 4731. SECTION 2,119
4731.15 of the Revised Code; 2,120
(I) Photographers engaged in delivering a glamour 2,122
photography service in a licensed salon, so long as the person 2,123
advertising and operating the glamour photography service is 2,124
properly licensed under this chapter by the state board of 2,125
49
cosmetology.
Sec. 4713.14. (A) Beauty salons shall be in charge of and 2,134
under the immediate supervision of a licensed managing 2,135
cosmetologist and esthetics salons shall be in charge of and 2,136
under the immediate supervision of a licensed managing 2,137
cosmetologist or a licensed managing esthetician. Beauty salons 2,138
and esthetics salons shall be equipped to provide potable running 2,139
hot and cold water and proper drainage, to sanitize all 2,140
instruments and supplies used therein in the practice of 2,141
cosmetology and any of its branches, and to sterilize all 2,142
instruments and supplies used therein by cosmetic therapists 2,143
licensed AUTHORIZED TO PRACTICE under section 4731.15 of the 2,144
Revised Code. Except as provided in division (C) of this 2,146
section, rooms licensed as beauty salons or esthetics salons 2,147
shall be used only for the practice of services regulated and 2,148
licensed under this chapter and section 4731.15 of the Revised 2,149
Code, be kept in a clean and sanitary condition, and be properly 2,150
ventilated. Nothing in this section shall be construed to forbid 2,151
the retailing of cosmetics, preparations, tonics, antiseptics, 2,152
creams, lotions, wigs, postiches, and other items related to the 2,153
practice of cosmetology, including clothing, or forbid the 2,154
provision of glamour photography, in a beauty salon or esthetics 2,155
salon. No food shall be sold in rooms used as beauty salons or 2,156
esthetics salons. 2,157
(B) Nail salons shall be in charge of and under the 2,159
immediate supervision of a licensed managing manicurist or a 2,160
licensed managing cosmetologist. Nail salons shall be equipped 2,161
to provide potable running hot and cold water and proper 2,162
drainage, and to sanitize all instruments and supplies used 2,163
therein in the manicuring of nails or in the practice of massage. 2,164
Rooms licensed as nail salons shall be used only for the practice 2,165
of services regulated and licensed under this chapter, and must 2,166
be kept in a clean and sanitary condition and be properly 2,167
ventilated. Nothing in this section shall be construed to forbid 2,168
50
the retailing of cosmetics, creams, lotions, and other items 2,169
related to the manicuring of nails, including clothing, in a nail 2,170
salon. No food shall be sold in rooms used as nail salons. 2,171
(C) Where the owner or operator of a beauty salon, nail 2,173
salon, or a school of cosmetology has a permit issued under 2,174
section 4713.25 of the Revised Code, tanning facilities may be 2,175
operated in beauty salons, nail salons, and schools of 2,176
cosmetology in accordance with rules that the state board of 2,177
cosmetology may adopt pertaining to the operation of tanning 2,178
facilities in beauty salons, nail salons, and schools. 2,179
(D) The owner or operator of a beauty salon or nail salon 2,181
may provide massage services at the salon if the services are 2,182
provided in accordance with any rules adopted under section 2,183
4713.02 of the Revised Code and the person giving the service 2,184
holds a current, valid certificate issued under section 4731.15 2,185
of the Revised Code. Any room used to provide massage services 2,186
in a salon shall be used for only that purpose and is subject to 2,187
the requirements relating to cleanliness and ventilation 2,188
established in division (A) of this section. 2,189
Sec. 4730.12. (A) A person seeking to renew a certificate 2,198
of registration as a physician assistant shall, on or before the 2,199
thirty-first day of January of each even-numbered year, apply for 2,200
renewal of the certificate. The state medical board shall send 2,201
renewal notices at least one month prior to the expiration date. 2,203
Applications shall be submitted to the board on forms the 2,205
board shall prescribe and furnish. Each application shall be 2,206
accompanied by a biennial renewal fee of fifty dollars. The 2,207
board shall deposit the fees in accordance with section 4731.24 2,208
of the Revised Code.
The applicant shall report any criminal offense that 2,210
constitutes grounds for refusing to issue a certificate of 2,212
registration under section 4730.25 of the Revised Code TO WHICH 2,213
THE APPLICANT HAS PLEADED GUILTY, of which the applicant has been 2,215
found guilty, or to which the applicant has entered a plea of 2,217
51
guilty or no contest FOR WHICH THE APPLICANT HAS BEEN FOUND 2,218
ELIGIBLE FOR TREATMENT IN LIEU OF CONVICTION, since last 2,219
receiving SIGNING AN APPLICATION FOR a certificate of 2,221
registration as a physician assistant. 2,222
(B) To be eligible for renewal, a physician assistant must 2,225
certify to the board both of the following:
(1) That the physician assistant has maintained 2,227
certification by the national commission on certification of 2,228
physician assistants by meeting the commission's standards to 2,229
hold current certification, including completion of continuing 2,230
medical education requirements and passing periodic
recertification examinations; 2,231
(2) Except as provided in divisions DIVISION (D) of this 2,234
section, that the physician assistant has completed during the 2,235
current registration period not less than one hundred hours of 2,236
continuing medical education acceptable to the board. The board 2,237
shall adopt rules in accordance with Chapter 119. of the Revised 2,239
Code specifying the types of continuing medical education that 2,240
must be completed to fulfill the board's requirements. The board 2,241
shall not adopt rules that require a physician assistant to 2,243
complete in any registration period more than one hundred hours 2,244
of continuing medical education acceptable to the board. In 2,245
fulfilling the board's requirements, a physician assistant may
use continuing medical education courses or programs completed to 2,246
maintain certification by the national commission on 2,247
certification of physician assistants if the commission's 2,248
standards for acceptable courses and programs are at least 2,249
equivalent to the standards established by the board.
(C) If an applicant submits a complete renewal application 2,251
and qualifies for renewal pursuant to division (B) of this 2,253
section, the board shall issue to the applicant a renewed 2,254
certificate of registration as a physician assistant. The board 2,255
may require a random sample of physician assistants to submit 2,256
materials documenting certification by the national commission on 2,257
52
certification of physician assistants and completion of the 2,258
required number of hours of continuing medical education. 2,259
(D) The board shall provide for pro rata reductions by 2,262
month of the number of hours of continuing education that must be 2,263
completed for individuals who are in their first registration 2,264
period, who have been disabled due to illness or accident, or who 2,265
have been absent from the country. The board shall adopt rules, 2,266
in accordance with Chapter 119. of the Revised Code, as necessary 2,268
to implement this division.
(E) A certificate of registration that is not renewed on 2,270
or before its expiration date IS automatically lapses SUSPENDED 2,272
on that ITS EXPIRATION date. The state medical board, in its 2,274
discretion, may SHALL reinstate a lapsed certificate SUSPENDED 2,275
FOR FAILURE TO RENEW upon the payment AN APPLICANT'S SUBMISSION 2,276
of all delinquent THE BIENNIAL renewal fees, a FEE, THE 2,278
APPLICABLE MONETARY penalty of twenty-five dollars, and
successful completion of CERTIFICATION THAT the number of hours 2,280
of continuing education necessary to have a lapsed certificate
reinstated HAVE BEEN COMPLETED, as specified in rules the board 2,282
shall adopt in accordance with Chapter 119. of the Revised Code. 2,283
THE PENALTY FOR REINSTATEMENT SHALL BE TWENTY-FIVE DOLLARS IF THE 2,285
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY 2,286
DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO 2,287
YEARS. THE BOARD SHALL DEPOSIT PENALTIES IN ACCORDANCE WITH
SECTION 4731.24 OF THE REVISED CODE. 2,288
(F) IF AN INDIVIDUAL CERTIFIES THAT THE INDIVIDUAL HAS 2,291
COMPLETED THE NUMBER OF HOURS AND TYPE OF CONTINUING MEDICAL
EDUCATION REQUIRED FOR RENEWAL OR REINSTATEMENT OF A CERTIFICATE 2,292
OF REGISTRATION AS A PHYSICIAN ASSISTANT, AND THE BOARD FINDS 2,293
THROUGH A RANDOM SAMPLE CONDUCTED UNDER DIVISION (C) OF THIS 2,295
SECTION OR THROUGH ANY OTHER MEANS THAT THE INDIVIDUAL DID NOT 2,296
COMPLETE THE REQUISITE CONTINUING MEDICAL EDUCATION, THE BOARD 2,297
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND
DOLLARS. THE BOARD'S FINDING SHALL BE MADE PURSUANT TO AN 2,298
53
ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE AND BY AN 2,300
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS. 2,301
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN 2,303
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE 2,304
UNDER SECTION 4730.25 OF THE REVISED CODE. THE BOARD SHALL 2,306
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE 2,307
REVISED CODE.
Sec. 4730.25. (A) The state medical board, pursuant to an 2,316
adjudication under Chapter 119. of the Revised Code and by a AN 2,318
AFFIRMATIVE vote of not fewer than six members, may revoke or may 2,319
refuse to grant a certificate of registration as a physician 2,320
assistant to a person found by the board to have committed fraud, 2,321
misrepresentation, or deception in applying for or securing the 2,322
certificate. 2,323
(B) The board, pursuant to an adjudication under Chapter 2,326
119. of the Revised Code and by a AN AFFIRMATIVE vote of not 2,327
fewer than six members, shall, to the extent permitted by law, 2,328
limit, revoke, or suspend a AN INDIVIDUAL'S certificate of 2,329
registration as a physician assistant, refuse to issue a 2,330
certificate to an applicant, refuse to reinstate a certificate, 2,331
or reprimand or place on probation the holder of a certificate 2,332
for any of the following reasons: 2,333
(1) Failure to practice in accordance with the conditions 2,336
under which the supervising physician's supervision agreement 2,337
with the physician assistant was approved, including the 2,338
requirement that when practicing under a particular supervising 2,339
physician, the physician assistant must practice only according 2,340
to the standard or supplemental utilization plan the board 2,341
approved for that physician;
(2) Failure to comply with the requirements of this 2,343
chapter, Chapter 4731. of the Revised Code, or any rules adopted 2,344
by the board; 2,345
(3) Violating or attempting to violate, directly or 2,347
indirectly, or assisting in or abetting the violation of, or 2,348
54
conspiring to violate, any provision of this chapter, Chapter 2,350
4731. of the Revised Code, or the rules adopted by the board; 2,351
(4) Inability to practice according to acceptable and 2,354
prevailing standards of care by reason of mental illness or 2,355
physical illness, including physical deterioration that adversely 2,356
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to 2,358
acceptable and prevailing standards of care because of habitual 2,359
or excessive use or abuse of drugs, alcohol, or other substances 2,360
that impair ability to practice; 2,361
(6) Administering drugs for purposes other than those 2,363
authorized under this chapter; 2,364
(7) Willfully betraying a professional confidence; 2,366
(8) Soliciting patients or publishing MAKING a false, 2,368
fraudulent, deceptive, or misleading statement. As IN SOLICITING 2,370
OR ADVERTISING FOR PATIENTS, IN RELATION TO THE PRACTICE OF 2,372
MEDICINE AS IT PERTAINS TO PHYSICIAN ASSISTANTS, OR IN SECURING 2,373
OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO PRACTICE 2,374
AS A PHYSICIAN ASSISTANT OR APPROVAL OF A SUPERVISION AGREEMENT. 2,375
AS used in this division, "false, fraudulent, deceptive, or 2,378
misleading statement" means a statement that includes a 2,379
misrepresentation of fact, is likely to mislead or deceive 2,380
because of a failure to disclose material facts, is intended or 2,381
is likely to create false or unjustified expectations of 2,382
favorable results, or includes representations or implications 2,383
that in reasonable probability will cause an ordinarily prudent 2,384
person to misunderstand or be deceived.
(9) Representing, with the purpose of obtaining 2,386
compensation or other advantage personally or for any other 2,387
person, that an incurable disease or injury, or other incurable 2,388
condition, can be permanently cured; 2,389
(10) The obtaining of, or attempting to obtain, money or 2,391
anything of value by fraudulent misrepresentations in the course 2,392
of practice; 2,393
55
(11) A plea of guilty to, or a judicial finding of guilt 2,396
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,397
CONVICTION FOR, a felony;
(12) Commission of an act that constitutes a felony in 2,399
this state, regardless of the jurisdiction in which the act was 2,400
committed; 2,401
(13) A plea of guilty to, or a judicial finding of guilt 2,404
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,405
CONVICTION FOR, a misdemeanor committed in the course of
practice; 2,406
(14) A plea of guilty to, or a judicial finding of guilt 2,409
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,410
CONVICTION FOR, a misdemeanor involving moral turpitude; 2,411
(15) Commission of an act IN THE COURSE OF PRACTICE that 2,413
constitutes a misdemeanor in this state, regardless of the 2,415
jurisdiction in which the act was committed, if the act was 2,416
committed in the course of practice;
(16) Commission of an act INVOLVING MORAL TURPITUDE that 2,418
constitutes a misdemeanor in this state, regardless of the 2,419
jurisdiction in which the act was committed, if the act involves 2,420
moral turpitude;
(17) Trafficking in drugs, or a A plea of guilty to or, a 2,423
judicial finding of guilt of, OR A JUDICIAL FINDING OF 2,424
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR violating any 2,425
state or federal law regulating the possession, distribution, or 2,426
use of any drug, INCLUDING TRAFFICKING IN DRUGS; 2,427
(18) The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 2,430
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF PHYSICIAN
ASSISTANTS IN ANOTHER STATE, FOR ANY REASON OTHER THAN THE 2,431
NONPAYMENT OF FEES: THE limitation, revocation, or suspension by 2,432
another state of a AN INDIVIDUAL'S license, certificate, or 2,435
registration to practice issued by the proper licensing authority 2,436
of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE 2,437
SURRENDER; DENIAL OF A LICENSE; refusal to license, certify, 2,438
56
register, RENEW or reinstate an applicant by that authority, the 2,439
A LICENSE; imposition of probation by that authority,; or the 2,440
issuance of an order of censure or other reprimand by that 2,441
authority for any reason, other than nonpayment of fees; 2,442
(19) A departure from, or failure to conform to, minimal 2,445
standards of care of similar physician assistants under the same 2,446
or similar circumstances, regardless of whether actual injury to 2,447
a patient is established;
(20) Violation of the conditions placed by the board on a 2,450
certificate of registration, physician assistant utilization 2,451
plan, or supervision agreement;
(21) Violation of the conditions on which a temporary 2,454
certificate of registration is issued;
(22) Failure to use universal blood and body fluid 2,456
precautions established by rules adopted under section 4731.051 2,457
of the Revised Code; 2,458
(23) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 2,460
THE BOARD UNDER SECTION 4730.26 OF THE REVISED CODE, INCLUDING 2,462
FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR 2,463
FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT 2,464
A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE 2,465
TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS 2,466
FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 2,467
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 2,468
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 2,469
IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 2,471
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 2,473
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 2,474
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 2,475
CONSENT AGREEMENT WITH A PHYSICIAN ASSISTANT OR APPLICANT TO 2,476
RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE 2,477
ADOPTED UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN 2,478
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, 2,479
57
SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT 2,481
TO THE MATTER ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES 2,482
TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS 2,483
CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR 2,484
EFFECT.
(D) For purposes of divisions (B)(12), (15), and (16) of 2,486
this section, the commission of the act may be established by a 2,487
finding by the board, pursuant to an adjudication under Chapter 2,489
119. of the Revised Code, that the applicant or certificate 2,490
holder committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court 2,491
renders a final judgment in the certificate holder's favor and 2,492
that judgment is based upon an adjudication on the merits. The 2,493
board shall have jurisdiction under these divisions in cases 2,494
where the trial court issues an order of dismissal upon technical 2,495
or procedural grounds. 2,496
(E) The sealing of conviction records by any court shall 2,498
have no effect upon a prior board order entered under the 2,500
provisions of this section or upon the board's jurisdiction to 2,501
take action under the provisions of this section if a notice of 2,502
opportunity for hearing has been issued, based upon conviction, a 2,503
plea of guilty, or a judicial finding of guilt, OR A JUDICIAL 2,505
FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION, THE 2,507
BOARD ISSUED A NOTICE OF OPPORTUNITY FOR HEARING prior to the 2,508
court's order to seal the records. THE BOARD SHALL NOT BE 2,509
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 2,510
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 2,511
(D)(F) For purposes of this division, any individual who 2,514
holds a certificate of registration issued under this chapter, or 2,515
applies for a certificate of registration, shall be deemed to 2,516
have given consent to submit to a mental or physical examination 2,517
when directed to do so in writing by the board and to have waived 2,518
all objections to the admissibility of testimony or examination 2,519
reports that constitute a privileged communication. 2,520
58
(1) In enforcing division (B)(4) of this section, the 2,523
board, upon a showing of a possible violation, may compel any 2,524
individual who holds a certificate of registration issued under 2,525
this chapter or who has applied for a certificate of registration 2,526
pursuant to this chapter to submit to a mental or EXAMINATION, 2,527
physical examination, INCLUDING AN HIV TEST, or both, as required 2,528
by and at the expense of the board A MENTAL AND PHYSICAL 2,529
EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE 2,530
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. 2,531
Failure of any individual to submit to a mental or physical 2,533
examination when directed OR CONSENT TO AN HIV TEST ORDERED BY 2,534
THE BOARD constitutes an admission of the allegations against the 2,535
individual unless the failure is due to circumstances beyond the 2,536
individual's control, and a default and final order may be 2,537
entered without the taking of testimony or presentation of
evidence. If the board finds a physician assistant unable to 2,538
practice because of the reasons set forth in this division (B)(4) 2,540
OF THIS SECTION, the board shall require the physician assistant 2,541
to submit to care, counseling, or treatment by physicians 2,542
approved or designated by the board, as a condition for an 2,543
initial, continued, reinstated, or renewed certificate of 2,544
registration. An individual affected under this division shall 2,545
be afforded an opportunity to demonstrate to the board the 2,546
ability to resume practicing in compliance with acceptable and 2,547
prevailing standards of care.
(2) For purposes of division (B)(5) of this section, if 2,550
the board has reason to believe that any individual who holds a 2,551
certificate of registration issued under this chapter or any 2,552
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a 2,553
mental or physical examination, or both. The EXPENSE OF THE 2,554
examination shall be at IS the expense RESPONSIBILITY of the 2,556
board INDIVIDUAL COMPELLED TO BE EXAMINED. Any mental or 2,557
physical examination required under this division shall be 2,559
59
undertaken by a treatment provider or physician qualified to 2,560
conduct such examination and chosen by the board. 2,561
Failure of the individual to submit to a mental or physical 2,564
examination ordered by the board constitutes an admission of the 2,566
allegations against the individual unless the failure is due to 2,567
circumstances beyond the individual's control, and a default and 2,568
final order may be entered without the taking of testimony or 2,569
presentation of evidence. If the board determines that the 2,570
individual's ability to practice is impaired, the board shall 2,571
suspend the individual's certificate or deny the individual's
application and shall require the individual, as a condition for 2,573
initial, continued, reinstated, or renewed licensure to practice, 2,574
to submit to treatment. 2,575
Before being eligible to apply for reinstatement of a 2,577
certificate suspended under this division, the physician 2,578
assistant shall demonstrate to the board the ability to resume 2,579
practice in compliance with acceptable and prevailing standards 2,580
of care. The demonstration shall include the following: 2,582
(a) Certification from a treatment provider approved under 2,585
section 4731.25 of the Revised Code that the individual has 2,586
successfully completed any required inpatient treatment; 2,587
(b) Evidence of continuing full compliance with an 2,590
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's 2,593
ability to practice has been assessed and that the individual has 2,594
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by 2,595
individuals or providers approved by the board for making such 2,596
assessments and shall describe the basis for this THEIR 2,597
determination. 2,598
The board may reinstate a certificate suspended under this 2,601
division after such demonstration and after the individual has 2,602
entered into a written consent agreement.
When the impaired physician assistant resumes practice, the 2,605
60
board shall require continued monitoring of the physician
assistant, which. THE MONITORING shall include compliance with 2,607
the written consent agreement entered into before reinstatement 2,608
or with conditions imposed by board order after a hearing, and, 2,609
upon termination of the consent agreement, submission to the 2,610
board for at least two years of annual written progress reports 2,611
made under penalty of falsification stating whether the physician 2,612
assistant has maintained sobriety. 2,613
(E)(G) If the secretary and supervising member determine 2,616
that there is clear and convincing evidence that a physician 2,617
assistant has violated division (B) of this section and that the 2,618
individual's continued practice presents a danger of immediate 2,619
and serious harm to the public, they may recommend that the board 2,620
suspend the individual's certificate to practice without a prior 2,622
hearing. Written allegations shall be prepared for consideration 2,623
by the board members.
The board, upon review of those allegations and by a AN 2,625
AFFIRMATIVE vote of not fewer than six of its members, excluding 2,627
the secretary and supervising member, may suspend a certificate 2,628
without a prior hearing. A telephone conference call may be 2,629
utilized for reviewing the allegations and taking the vote ON THE 2,630
SUMMARY SUSPENSION. 2,631
The board shall issue a written order of suspension by 2,633
certified mail or in person in accordance with section 119.07 of 2,634
the Revised Code. The order shall not be subject to suspension 2,636
by the court during pendency of any appeal filed under section 2,637
119.12 of the Revised Code. If the physician assistant requests 2,638
an adjudicatory hearing by the board, the date set for the 2,639
hearing shall be within fifteen days, but not earlier than seven 2,640
days, after the physician assistant requests the hearing, unless 2,641
otherwise agreed to by both the board and the certificate holder. 2,642
A summary suspension imposed under this division shall 2,644
remain in effect, unless reversed on appeal, until a final 2,645
adjudicative order issued by the board pursuant to this section 2,646
61
and Chapter 119. of the Revised Code becomes effective. The 2,648
board shall issue its final adjudicative order within sixty days 2,649
after completion of its hearing. Failure to issue the order 2,650
within sixty days shall result in dissolution of the summary 2,651
suspension order, but shall not invalidate any subsequent, final 2,652
adjudicative order.
(F)(H) If the board should take TAKES action under 2,655
division (B)(11), (13), or (14) of this section, and the 2,656
conviction, judicial finding of guilt, or guilty plea, OR 2,658
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,659
CONVICTION is overturned on appeal, upon exhaustion of the 2,660
criminal appeal, a petition for reconsideration of the order may 2,661
be filed with the board along with appropriate court documents. 2,662
Upon receipt of a petition and supporting court documents, the 2,663
board shall reinstate the petitioner's certificate OF 2,664
REGISTRATION. The board may then hold an adjudication UNDER 2,665
CHAPTER 119. OF THE REVISED CODE to determine whether the 2,666
individual committed the act in question. Notice of opportunity 2,668
for hearing shall be given in accordance with Chapter 119. of the 2,669
Revised Code. If the board finds, pursuant to an adjudication 2,670
held under this division, that the individual committed the act, 2,671
or if no hearing is requested, it may order any of the sanctions 2,672
identified under division (B) of this section. 2,673
(G)(I) The certificate of registration of a physician 2,676
assistant and the physician assistant's practice in this state 2,678
are automatically suspended as of the date the physician 2,679
assistant pleads guilty to, OR is found by a judge or jury to be 2,681
guilty of, or is subject to a judicial finding of eligibility for 2,682
treatment in lieu of conviction for either ANY of the following: 2,684
(1) In this state, aggravated CRIMINAL OFFENSES IN THIS 2,686
STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER 2,687
JURISDICTION: AGGRAVATED murder, murder, voluntary manslaughter, 2,689
felonious assault, kidnapping, rape, sexual battery, gross sexual 2,690
imposition, aggravated arson, aggravated robbery, or aggravated 2,691
62
burglary;
(2) In another jurisdiction, any criminal offense 2,693
substantially equivalent to those specified in division (G)(1) of 2,694
this section. CONTINUED
Continued practice after the suspension shall be considered 2,699
practicing without a certificate. The 2,700
THE board shall notify the individual subject to the 2,703
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose 2,704
certificate is suspended under this division fails to make a 2,705
timely request for an adjudicatory hearing ADJUDICATION UNDER 2,707
CHAPTER 119. OF THE REVISED CODE, the board shall enter a final 2,708
order PERMANENTLY revoking the INDIVIDUAL'S certificate OF 2,709
REGISTRATION. 2,710
(H)(J) In any instance in which the board is required by 2,713
Chapter 119. of the Revised Code to give notice of opportunity 2,715
for hearing and the applicant or certificate holder INDIVIDUAL 2,716
SUBJECT TO THE NOTICE does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is 2,718
not required to hold a hearing, but may adopt, by a AN 2,719
AFFIRMATIVE vote of not fewer than six of its members, a final 2,721
order that contains the board's findings. In that final order, 2,722
the board may order any of the sanctions identified under 2,723
division (A) OR (B) of this section. 2,724
(I)(K) Any action taken by the board under division (B) of 2,727
this section resulting in a suspension shall be accompanied by a 2,728
written statement of the conditions under which the physician 2,729
assistant ASSISTANT'S CERTIFICATE may be reinstated. The board 2,730
shall adopt rules in accordance with Chapter 119. of the Revised 2,732
Code governing conditions to be imposed for reinstatement. 2,734
Reinstatement of a certificate suspended pursuant to division (B) 2,735
of this section requires an affirmative vote of not fewer than 2,736
six members of the board.
(J) An individual's failure to renew a certificate of 2,738
63
registration as a physician assistant shall have no effect on the 2,739
board's jurisdiction to take any action under this section 2,740
against the individual.
(K)(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF 2,743
REGISTRATION AS A PHYSICIAN ASSISTANT TO AN APPLICANT, REVOKES AN 2,745
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO ISSUE A 2,746
CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN 2,747
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY 2,748
THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A 2,749
PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER 2,750
INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS A PHYSICIAN 2,751
ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR 2,752
REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW 2,753
CERTIFICATE.
(M) Notwithstanding any other provision of the Revised 2,756
Code, ALL OF the FOLLOWING APPLY:
(1) THE surrender of a certificate of registration as a 2,759
physician assistant issued under this chapter is not effective 2,760
UNLESS OR until accepted by the board. Reinstatement of a 2,762
certificate surrendered to the board requires an affirmative vote 2,763
of not fewer than six members of the board.
Notwithstanding any other provision of the Revised Code, no 2,766
(2) AN application made under this chapter for a certificate of 2,767
registration, approval of a standard or supplemental utilization 2,768
plan, or approval of a supervision agreement may NOT be withdrawn 2,769
without approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 2,772
REGISTRATION IN ACCORDANCE WITH SECTION 4730.12 OF THE REVISED 2,773
CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE 2,774
DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL. 2,775
Sec. 4730.26. (A) The state medical board shall 2,785
investigate evidence that appears to show that any person has 2,786
violated this chapter or a rule adopted under it. Any person may 2,787
report to the board in a signed writing any information the
64
person has that appears to show a violation of any provision of 2,788
this chapter or rule adopted under it. In the absence of bad 2,789
faith, a person who reports such information or testifies before 2,790
the board in an adjudication hearing CONDUCTED UNDER CHAPTER 119. 2,791
OF THE REVISED CODE shall not be liable for civil damages as a 2,792
result of reporting the information or providing testimony. EACH 2,794
Each complaint or allegation of a violation received by the 2,797
board shall be assigned a case number and be recorded by the
board. Information received by the board pursuant to an 2,798
investigation is confidential and not subject to discovery in any 2,799
civil action. 2,800
(B) Investigations of alleged violations of this chapter 2,802
or rules adopted under it shall be supervised by the supervising 2,803
member elected by the board in accordance with section 4731.02 of 2,804
the Revised Code and by the secretary as provided in section 2,806
4730.33 of the Revised Code. The president may designate another 2,807
member of the board to supervise the investigation in place of 2,808
the supervising member. A member of the board who supervises the 2,809
investigation of a case shall not participate in further 2,810
adjudication of the case.
(C) In investigating a possible violation of this chapter 2,812
or a rule adopted under it, the board may administer oaths, order 2,813
the taking of depositions, issue subpoenas, and compel the 2,814
attendance of witnesses and production of books, accounts, 2,815
papers, records, documents, and testimony, except that a subpoena 2,816
for patient record information shall not be issued without 2,817
consultation with the attorney general's office and approval of 2,818
the secretary of the board, the AND supervising member, and a 2,819
member of the board who is authorized under Chapter 4731. of the 2,821
Revised Code to practice medicine and surgery, osteopathic 2,822
medicine and surgery, or podiatry. Before issuance of a subpoena 2,823
FOR PATIENT RECORD INFORMATION, the three board members SECRETARY 2,824
AND SUPERVISING MEMBER shall determine whether there is probable 2,825
cause to believe that the complaint filed alleges a violation of 2,826
65
this chapter or a rule adopted under it and that the records 2,827
sought are relevant to the alleged violation and material to the 2,828
investigation. The SUBPOENA MAY APPLY ONLY TO records must THAT 2,830
cover a reasonable period of time surrounding the alleged 2,831
violation. On
ON failure to comply with any subpoena issued by the board 2,834
and after reasonable notice to the person being subpoenaed, the 2,835
board may move for an order compelling the production of persons 2,836
or records pursuant to the Rules of Civil Procedure. Each 2,837
officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 2,839
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 2,840
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 2,842
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 2,843
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 2,844
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PHYSICIAN 2,845
ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED MAIL, 2,846
RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE SUBPOENA 2,847
SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR THE DATE 2,848
THE PERSON REFUSES TO ACCEPT DELIVERY. 2,849
A SHERIFF'S DEPUTY who serves such A subpoena shall receive 2,852
the same fees as a sheriff, and each. EACH witness who appears 2,853
before the board in obedience to a subpoena shall receive the 2,854
fees and mileage provided for witnesses in civil cases in the
courts of common pleas. 2,855
(D) All hearings and investigations of the board shall be 2,857
considered civil actions for the purposes of section 2305.251 of 2,858
the Revised Code. 2,859
(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 2,861
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 2,862
CIVIL ACTION. 2,863
The board shall conduct all investigations and proceedings 2,866
in such a manner as to protect patient THAT PROTECTS THE 2,867
confidentiality OF PATIENTS AND PERSONS WHO FILE COMPLAINTS WITH 2,869
66
THE BOARD. The board shall not make public THE names or ANY 2,870
other identifying information about patients OR COMPLAINANTS 2,871
unless proper consent is given or, IN THE CASE OF A PATIENT, a 2,872
waiver of the patient privilege exists under division (B) of 2,873
section 2317.02 of the Revised Code, except that consent or a 2,874
waiver is not required if the board possesses reliable and 2,875
substantial evidence that no bona fide physician-patient 2,877
relationship exists.
(B) THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES 2,880
PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND 2,881
PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND 2,882
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL 2,883
MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER 2,884
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING 2,885
ALLEGED CRIMINAL OFFENSES. A BOARD OR AGENCY THAT RECEIVES THE 2,886
INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING 2,887
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST 2,888
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED
CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE 2,889
BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS 2,890
POSSESSION. THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A 2,891
CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE 2,892
COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE 2,893
THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF 2,894
THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING 2,895
INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY 2,896
WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS 2,897
IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 2,899
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 2,900
(F) The state medical board shall develop requirements for 2,903
and provide appropriate initial and continuing training for 2,904
investigators employed by the board to carry out its duties under 2,905
this chapter. The training and continuing education may include 2,906
67
enrollment in courses operated or approved by the Ohio peace 2,907
officer training council that the board considers appropriate 2,908
under conditions set forth in section 109.79 of the Revised Code. 2,909
(C)(G) On a quarterly basis, the board shall prepare a 2,912
report that documents the disposition of all cases during the 2,913
preceding three months. The report shall contain the following 2,914
information for each case with which the board has completed its 2,915
activities:
(1) The case number assigned to the complaint or alleged 2,918
violation pursuant to division (A) of this section; 2,919
(2) The type of certificate to practice, if any, held by 2,922
the individual against whom the complaint is directed;
(3) A description of the allegations contained in the 2,924
complaint; 2,925
(4) The disposition of the case. 2,927
The report shall state how many cases are still pending, 2,929
and shall be prepared in such a manner as to protect THAT 2,930
PROTECTS the identity of each person involved in each case. The 2,932
report shall be submitted to the physician assistant policy 2,933
committee of the board and is a public record for purposes of 2,934
section 149.43 of the Revised Code. 2,935
Sec. 4730.27. If the state medical board has reason to 2,945
believe that any person who has been granted a certificate of
registration under this chapter is mentally ill or mentally 2,946
incompetent, it may file in the probate court of the county in 2,947
which such person has a legal residence an affidavit in the form 2,948
prescribed in section 5122.11 of the Revised Code and signed by 2,950
the board secretary or a member of the secretary's staff,
whereupon the same proceedings shall be had as provided in 2,951
Chapter 5122. of the Revised Code. The attorney general may 2,953
represent the board in any proceeding commenced under this 2,954
section.
If a physician assistant is adjudged by a probate court to 2,957
be mentally ill or mentally incompetent, the individual's 2,958
68
certificate of registration shall be automatically suspended 2,959
until the individual has filed with the board a certified copy of 2,960
an adjudication by a probate court of being restored to 2,961
competency or has submitted to the board proof, satisfactory to 2,962
the board, of having been discharged as being restored to 2,963
competency in the manner and form provided in section 5122.38 of 2,964
the Revised Code. The judge of the court shall immediately 2,966
notify the board of an adjudication of incompetence and note any 2,967
suspension of a certificate in the margin of the court's record 2,968
of the certificate. In the absence of fraud or bad faith, 2,969
neither the board nor any member, agent, representative, or 2,970
employee of the board shall be held liable in damages by any 2,971
person by reason of the filing of the affidavit referred to in 2,972
this section.
Sec. 4730.31. (A) As used in this section, "prosecutor" 2,982
has the same meaning as in section 2935.01 of the Revised Code. 2,983
(B) Whenever any person holding a valid certificate issued 2,986
pursuant to this chapter pleads guilty to or is convicted of, IS 2,987
SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A 2,988
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of 2,990
the Revised Code or of any substantively comparable ordinance of 2,991
a municipal corporation in connection with practicing as a 2,992
physician assistant, the prosecutor in the case shall, on forms 2,993
prescribed and provided by the state medical board, promptly 2,994
notify the board of the conviction. Within thirty days of 2,995
receipt of such information, the board shall initiate action in 2,996
accordance with Chapter 119. of the Revised Code to determine 2,998
whether to suspend or revoke the certificate under section 2,999
4730.31 of the Revised Code. 3,000
(C) The prosecutor in any case against any person holding 3,003
a valid certificate issued pursuant to this chapter shall, on 3,004
forms prescribed and provided by the state medical board, notify 3,005
the board of any of the following:
69
(1) A plea of guilty to, or a judicial finding of guilt 3,007
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,008
CONVICTION FOR a felony, or a case where the trial court issues 3,009
an order of dismissal upon technical or procedural grounds of a 3,010
felony charge; 3,011
(2) A plea of guilty to, or a judicial finding of guilt 3,013
of, OR JUDICIAL FINDING OR ELIGIBILITY FOR TREATMENT IN LIEU OF 3,014
CONVICTION FOR a misdemeanor committed in the course of practice, 3,015
or a case where the trial court issues an order of dismissal upon 3,016
technical or procedural grounds of a charge of a misdemeanor, if 3,017
the alleged act was committed in the course of practice; 3,018
(3) A plea of guilty to, or a judicial finding of guilt 3,020
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,021
CONVICTION FOR a misdemeanor involving moral turpitude, or a case 3,022
where the trial court issues an order of dismissal upon technical 3,023
or procedural grounds of a charge of a misdemeanor involving 3,024
moral turpitude. 3,025
The report shall include the name and address of the 3,027
certificate holder, the nature of the offense for which the 3,028
action was taken, and the certified court documents recording the 3,029
action. 3,030
Sec. 4730.32. (A) Within sixty days after the completion 3,040
IMPOSITION of any formal disciplinary procedure ACTION taken by 3,041
any HEALTH CARE FACILITY, INCLUDING A hospital, HEALTH CARE 3,042
FACILITY OPERATED BY AN INSURING CORPORATION, AMBULATORY SURGICAL 3,043
CENTER, or other health care SIMILAR facility, against any person 3,044
INDIVIDUAL holding a valid certificate of registration as a 3,045
physician assistant, the chief administrator or executive officer 3,046
of the facility shall report to the state medical board the name 3,047
of the certificate holder INDIVIDUAL, the action taken by the 3,048
facility, and a summary of the underlying facts leading to the 3,049
action taken. Upon request, the board shall be provided 3,050
CERTIFIED copies of the patient records minus patient identifiers 3,051
which THAT were the basis for the facility's action. Prior to 3,052
70
release to the board, the summary shall be approved by the peer 3,053
review committee which THAT reviewed the case or by the governing 3,055
board of the facility.
The filing or nonfiling of a report with the board OR 3,057
DECISION NOT TO FILE A REPORT, investigation by the board, or any 3,058
disciplinary action taken by the board, shall DOES not preclude a 3,059
health care facility from taking disciplinary action against a 3,061
physician assistant.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 3,063
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 3,064
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 3,065
(B) Any A physician assistant, PROFESSIONAL ASSOCIATION OR 3,068
society of physician assistants, physician, or PROFESSIONAL 3,069
ASSOCIATION OR society of physicians, OR HEALTH CARE FACILITY 3,070
that believes a violation of any provision of this chapter, 3,071
Chapter 4731. of the Revised Code, or rule of the board has 3,073
occurred shall report to the board the information upon which the 3,075
belief is based. This division does not require any person or 3,076
organization that is a treatment provider approved by the board 3,077
under section 4731.25 of the Revised Code or any employee, agent, 3,078
or representative of such a provider to make reports with respect 3,079
to a physician assistant participating in treatment or aftercare 3,080
so FOR SUBSTANCE ABUSE AS long as the physician assistant 3,082
maintains participation in accordance with the requirements of 3,083
section 4731.25 of the Revised Code and the person TREATMENT 3,084
PROVIDER or organization EMPLOYEE, AGENT, OR REPRESENTATIVE OF 3,085
THE PROVIDER has no reason to believe that the physician 3,086
assistant has violated any provision of this chapter or rule 3,087
adopted under it, other than being impaired by alcohol, drugs, or 3,088
other substances. This division does not require reporting by 3,089
any member of an impaired practitioner committee established by a 3,090
hospital HEALTH CARE FACILITY or by any representative or agent 3,091
of a committee or program sponsored by a professional association 3,093
OR SOCIETY of physician assistants to provide peer assistance to 3,095
71
physician assistants with substance abuse problems with respect 3,096
to a physician assistant who has been referred for examination to 3,097
a treatment program approved by the board under section 4731.25 3,098
of the Revised Code if the physician assistant cooperates with 3,099
the referral for examination and with any determination that the 3,100
physician assistant should enter treatment and so AS long as the 3,102
committee member, representative, or agent has no reason to 3,103
believe that the physician assistant has ceased to participate in 3,104
the treatment program in accordance with section 4731.25 of the 3,105
Revised Code or has violated any provision of this chapter or 3,106
rule adopted under it, other than being impaired by alcohol, 3,107
drugs, or other substances.
(C) Any professional ASSOCIATION OR society composed 3,109
primarily of physician assistants that suspends or revokes an 3,110
individual's membership in that society for violations of 3,111
professional ethics, or for reasons of professional incompetence 3,112
or professional malpractice, within sixty days after a final 3,113
decision, shall report to the board, on forms prescribed and 3,114
provided by the board, the name of the member INDIVIDUAL, the 3,115
action taken by the society PROFESSIONAL ORGANIZATION, and a 3,117
summary of the underlying facts leading to the action taken. 3,118
The filing or nonfiling of a report with the board, 3,120
investigation by the board, or any disciplinary action taken by 3,121
the board, shall not preclude a professional society ORGANIZATION 3,123
from taking disciplinary action against a physician assistant. 3,124
(D) Any insurer providing professional liability insurance 3,127
to any person holding a valid certificate of registration as a 3,128
physician assistant or any other entity that seeks to indemnify 3,129
the professional liability of a physician assistant shall notify 3,130
the board within thirty days after the final disposition of any 3,131
written claim for damages where such disposition results in a 3,132
payment exceeding twenty-five thousand dollars. The notice shall 3,133
contain the following information:
(1) The name and address of the person submitting the 3,135
72
notification; 3,136
(2) The name and address of the insured who is the subject 3,139
of the claim;
(3) The name of the person filing the written claim; 3,141
(4) The date of final disposition; 3,143
(5) If applicable, the identity of the court in which the 3,146
final disposition of the claim took place.
(E) On the basis of the reporting provisions in this 3,149
section, the THE board may investigate possible violations of
this chapter or the rules adopted under it. The board may also 3,150
investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF THE 3,151
REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD 3,153
SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES 3,154
repeated malpractice. As used in this division, "repeated 3,156
malpractice" means three or more claims for malpractice within 3,157
the previous A five-year period, each resulting in a judgment or 3,159
settlement in excess of twenty-five thousand dollars in favor of 3,160
the claimant, and each involving negligent conduct by the 3,161
physician assistant.
(F) All summaries, reports, and records received and 3,164
maintained by the board pursuant to this section shall be held in 3,165
confidence and shall not be subject to discovery or introduction 3,166
in evidence in any federal or state civil action involving a 3,167
physician assistant, supervising physician, or health care
facility arising out of matters that are the subject of such THE 3,169
reporting to the board REQUIRED BY THIS SECTION. The board may 3,170
use the information obtained only as the basis for an 3,172
investigation, as evidence in a disciplinary hearing against a 3,173
physician assistant or supervising physician, or in any
subsequent trial or appeal of a board action or order. 3,175
The board may disclose the summaries and reports it 3,177
receives under this section only to health care facility 3,178
committees within or outside this state that are involved in 3,180
credentialing or recredentialing a physician assistant or 3,181
73
supervising physician or reviewing their privilege to practice 3,183
within a particular facility. The board shall indicate whether 3,184
or not the information has been verified. Information thus 3,185
transmitted by the board shall be subject to the same
confidentiality provisions as when maintained by the board. 3,186
(G) Except for reports filed by an individual pursuant to 3,189
division (B) of this section, THE BOARD SHALL SEND a copy of any 3,190
reports or summaries received by the board IT RECEIVES pursuant 3,191
to this section shall be sent to the physician assistant by the 3,192
board. The physician assistant shall have the right to file a 3,193
statement with the board concerning the correctness or relevance 3,194
of the information. Such THE statement shall at all times 3,195
accompany that part of the record in contention. 3,197
(H) A person, health care facility, association, society, 3,200
AN INDIVIDUAL or insurer ENTITY that reports to the board or 3,201
refers an impaired physician assistant to a treatment provider 3,202
approved by the board under section 4731.25 of the Revised Code 3,204
shall not be subject to suit for civil damages as a result of the 3,205
report, referral, or provision of the information. 3,206
(I) In the absence of fraud or bad faith, a professional 3,209
association OR SOCIETY of physician assistants that sponsors a 3,210
committee or program to provide peer assistance to a physician 3,211
assistant with substance abuse problems, a representative or 3,212
agent of such a committee or program, and a member of the state 3,213
medical board shall not be held liable in damages to any person 3,214
by reason of actions taken to refer a physician assistant to a 3,215
treatment provider approved under section 4731.25 of the Revised 3,217
Code for examination or treatment.
Sec. 4730.34. In the absence of fraud or bad faith, 3,227
neither the STATE MEDICAL board nor any, A current or former 3,229
BOARD member, AN agent OF THE BOARD, A PERSON FORMALLY REQUESTED 3,230
BY THE BOARD TO BE THE BOARD'S representative, or AN employee of 3,231
the board shall NOT be held liable in damages to any person as 3,233
the result of any act, omission, proceeding, conduct, or decision 3,234
74
related to official duties undertaken or performed pursuant to 3,235
this chapter. If a current or former member, agent, 3,236
representative, or employee ANY SUCH PERSON requests to be 3,237
defended by the state against any claim or action arising out of 3,239
any act, omission, proceeding, conduct, or decision related to 3,240
the person's official duties, and if the request is made in 3,241
writing at a reasonable time before trial and the person 3,242
requesting defense cooperates in good faith in the defense of the 3,243
claim or action, the state shall provide and pay for such THE 3,244
PERSON'S defense and shall pay any resulting judgment, 3,245
compromise, or settlement. At no time shall the state pay that 3,246
ANY part of a claim or judgment which THAT is for punitive or 3,247
exemplary damages. 3,248
Sec. 4731.08. Except as provided in sections 4731.29 and 3,257
4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15, 3,258
1998, IN SECTION 4731.295 OF THE REVISED CODE, each person who 3,259
desires to practice medicine and surgery or osteopathic medicine 3,261
and surgery in this state shall file with the secretary of the 3,263
state medical board a written application for admission to the
examination conducted by the board under section 4731.13 of the 3,264
Revised Code. The applicant shall file the application under 3,265
oath on a form prescribed by the board. The applicant shall 3,267
furnish evidence satisfactory to the board that he THE APPLICANT 3,268
is more than eighteen years of age and of good moral character. 3,269
Sec. 4731.13. Except as provided in sections 4731.29 and 3,278
4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15, 3,279
1998, IN SECTION 4731.295 OF THE REVISED CODE, the state medical 3,280
board shall examine each individual who desires to practice 3,281
medicine and surgery or osteopathic medicine and surgery in this 3,282
state. The board shall conduct the examination of these 3,283
individuals in accordance with rules the board shall adopt. Each 3,284
individual shall be examined in such subjects as the board 3,285
requires. The board shall examine in subjects pertinent to 3,286
current medical educational standards. 3,287
75
The board may use as its examination all or part of a 3,289
standard medical licensing examination established for purposes 3,290
of determining the competence of individuals to practice medicine 3,291
and surgery or osteopathic medicine and surgery in the United 3,292
States. 3,293
Sec. 4731.142. (A) Except as provided in division (C)(B) 3,303
of this section, an individual must demonstrate proficiency in 3,304
spoken English to receive a certificate TO PRACTICE issued under 3,305
section 4731.14 of the Revised Code if the individual's 3,307
eligibility for the certificate is based in part on certification 3,309
from the educational commission for foreign medical graduates and 3,310
fulfillment of the undergraduate requirements established by 3,312
section 4731.09 of the Revised Code at an institution outside the 3,313
United States. The individual may demonstrate such proficiency 3,314
only by one of the following: 3,315
(1) Obtaining OBTAINING a score of fifty FORTY or higher 3,318
on the test of spoken English conducted by the educational 3,320
testing service; 3,321
(2) Obtaining a score of at least forty but less than 3,325
fifty on the test of spoken English conducted by the educational 3,327
testing service and being determined by the state medical board, 3,328
following an appearance before the board, to be able to 3,329
communicate adequately in spoken English for the practice of 3,330
medicine and surgery or osteopathic medicine and surgery. 3,331
(B) At an individual's request, the board shall afford the 3,334
individual subject to division (A)(2) of this section an 3,335
opportunity to appear before the board to demonstrate proficiency 3,336
in spoken English. The determination of whether the individual 3,337
is able to communicate adequately in spoken English shall be made 3,338
by vote of the majority of members present. The individual is 3,339
not entitled to appeal under Chapter 119. of the Revised Code a 3,340
determination by the board that the individual's ability to 3,341
communicate in spoken English is not adequate for the practice of 3,343
medicine and surgery or osteopathic medicine and surgery. 3,344
76
(C) An individual is not required to demonstrate 3,346
proficiency in spoken English in accordance with division (A) of 3,347
this section if the individual was required to demonstrate such 3,349
proficiency as a condition of certification from the educational 3,350
commission for foreign medical graduates. 3,351
Sec. 4731.15. (A)(1) The state medical board also shall 3,360
examine and register persons desiring to practice a limited 3,361
branch of medicine or surgery, and shall establish rules 3,362
governing such limited practice. Such REGULATE THE FOLLOWING 3,363
limited branches of medicine or surgery are: massage THERAPY and 3,365
cosmetic therapy, AND TO THE EXTENT SPECIFIED IN SECTION 4731.151 3,368
OF THE REVISED CODE, NAPRAPATHY AND MECHANOTHERAPY. THE BOARD
SHALL ADOPT RULES GOVERNING THE LIMITED BRANCHES OF MEDICINE 3,369
UNDER ITS JURISDICTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE 3,370
WITH CHAPTER 119. OF THE REVISED CODE.
(2) As used in this chapter: 3,372
(a) "Approved electric modalities" means electric 3,374
modalities approved by the state medical board for use in 3,375
cosmetic therapy. 3,376
(b), "Cosmetic COSMETIC therapy" means the systematic 3,379
friction, stroking, slapping, and kneading or tapping to the 3,380
face, neck, scalp, or shoulders through the use of approved 3,381
electric modalities, and additionally may include the permanent 3,382
removal of hair from the human body through the use of approved 3,383
electric modalities APPROVED BY THE BOARD FOR USE IN COSMETIC 3,385
THERAPY, AND ADDITIONALLY MAY INCLUDE THE SYSTEMATIC FRICTION, 3,387
STROKING, SLAPPING, AND KNEADING OR TAPPING OF THE FACE, NECK, 3,388
SCALP, OR SHOULDERS.
(c) "Cosmetic therapist" means a person who holds a 3,390
certificate to practice cosmetic therapy issued by the state 3,391
medical board under this chapter and who is registered with the 3,392
board under this chapter. 3,393
(B) All persons who hold a certificate to practice a 3,395
limited branch of medicine or surgery issued by the state medical 3,396
77
board, whether residents of this state or not, shall on or before 3,397
the first day of June 1983, and on or before the first day of 3,398
June every second year thereafter OF EACH ODD-NUMBERED YEAR, 3,399
register with the state medical board on a form prescribed by the 3,401
board and shall pay at such time a biennial registration fee of 3,402
fifty dollars. At least one month in advance of the date of 3,404
registration, a written notice that the biennial registration fee 3,405
is due on or before the first day of June shall be sent to each 3,406
holder of a certificate to practice a limited branch of medicine 3,407
or surgery, at the person's last known address. All persons who 3,408
hold a certificate to practice a limited branch of medicine or 3,409
surgery issued by the state medical board shall provide the board 3,410
written notice of any change of address. A 3,411
A certificate to practice a limited branch of medicine or 3,414
surgery shall be automatically suspended if the fee is not paid 3,415
by the first day of September of the year it is due, and 3,416
continued. CONTINUED practice after the suspension of the 3,417
certificate to practice shall be considered as practicing without 3,418
a license in violation of sections 4731.34 and 4731.41 of the 3,419
Revised Code. An applicant for reinstatement of SUBJECT TO 3,420
SECTION 4731.222 OF THE REVISED CODE, THE BOARD SHALL REINSTATE a 3,421
certificate to practice suspended for failure to register shall 3,423
submit the applicant's current and delinquent registration fees 3,424
and a ON AN APPLICANT'S PAYMENT OF THE BIENNIAL REGISTRATION FEE 3,426
AND THE APPLICABLE MONETARY PENALTY. WITH REGARD TO
REINSTATEMENT OF A CERTIFICATE TO PRACTICE COSMETIC THERAPY, THE 3,427
APPLICANT ALSO SHALL SUBMIT WITH THE APPLICATION A CERTIFICATION 3,428
THAT THE NUMBER OF HOURS OF CONTINUING EDUCATION NECESSARY TO 3,429
HAVE A SUSPENDED CERTIFICATE REINSTATED HAVE BEEN COMPLETED, AS 3,430
SPECIFIED IN RULES THE BOARD SHALL ADOPT IN ACCORDANCE WITH 3,432
CHAPTER 119. OF THE REVISED CODE. THE penalty of FOR 3,435
REINSTATEMENT SHALL BE twenty-five dollars IF THE CERTIFICATE HAS 3,436
BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY DOLLARS IF THE 3,437
CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS. 3,438
78
Sec. 4731.151. (A) Notwithstanding the provisions of 3,447
section 4731.15 of the Revised Code specifying the types of 3,448
limited branches of medicine or surgery to be examined and 3,449
registered by the state medical board, naprapaths NAPRAPATHS who 3,450
received a certificate to practice from the board prior to March 3,451
2, 1992, may continue to practice naprapathy, as defined in rules 3,452
adopted by the board. Such naprapaths shall practice in 3,453
accordance with rules adopted by the board. 3,454
(B)(1) As used in this division: 3,456
(a) "Mechanotherapy" means all of the following: 3,458
(i) Examining patients by verbal inquiry; 3,460
(ii) Examination of the musculoskeletal system by hand; 3,462
(iii) Visual inspection and observation; 3,464
(iv) Diagnosing a patient's condition only as to whether 3,466
the patient has a disorder of the musculoskeletal system; 3,467
(v) In the treatment of patients, employing the techniques 3,469
of advised or supervised exercise; electrical neuromuscular 3,470
stimulation; massage or manipulation; or air, water, heat, cold, 3,471
sound, or infrared ray therapy only to those disorders of the 3,472
musculoskeletal system that are amenable to treatment by such 3,473
techniques and that are identifiable by examination performed in 3,474
accordance with division (B)(1)(a)(i) of this section and 3,475
diagnosable in accordance with division (B)(1)(a)(ii) of this 3,476
section. 3,477
(b) "Educational requirements" means the completion of a 3,479
course of study appropriate for certification to practice 3,480
mechanotherapy on or before November 3, 1985, as determined by 3,481
rules adopted under this chapter. 3,482
(2) Notwithstanding the provisions of section 4731.15 of 3,484
the Revised Code specifying the types of limited branches of 3,485
medicine or surgery to be examined and registered by the board, 3,486
mechanotherapists MECHANOTHERAPISTS who received a certificate to 3,487
practice from the board prior to March 2, 1992, may continue to 3,488
practice mechanotherapy, as defined in rules adopted by the 3,489
79
board. Such mechanotherapists shall practice in accordance with 3,490
rules adopted by the board. 3,491
A person authorized by this division to practice as a 3,493
mechanotherapist may examine, diagnose, and assume responsibility 3,494
for the care of patients with due regard for first aid and the 3,495
hygienic and nutritional care of the patients. Roentgen rays 3,496
shall be used by a mechanotherapist only for diagnostic purposes. 3,497
(3) A person who holds a certificate to practice 3,499
mechanotherapy and completed educational requirements in 3,500
mechanotherapy on or before November 3, 1985, is entitled to use 3,501
the title "doctor of mechanotherapy" and is a "physician" who 3,502
performs "medical services" for the purposes of Chapters 4121. 3,503
and 4123. of the Revised Code and the program established under 3,504
section 5111.01 of the Revised Code, and shall receive payment or 3,505
reimbursement as provided under those chapters and that section. 3,506
(C) Rules adopted under this section shall be adopted in 3,508
accordance with Chapter 119. of the Revised Code. 3,509
Sec. 4731.16. The examination STATE MEDICAL BOARD SHALL 3,518
CONDUCT EXAMINATIONS of all applicants for certification to 3,519
practice a THE limited branch BRANCHES of medicine or surgery OF 3,521
MASSAGE THERAPY AND COSMETIC THERAPY. THE EXAMINATIONS shall be 3,522
conducted under rules prescribed ADOPTED by the state medical 3,523
board and at such times and places as the board may determine. 3,525
Such THE FEE FOR EITHER EXAMINATION IS TWO HUNDRED FIFTY DOLLARS. 3,526
FOR THE PURPOSE OF CONDUCTING EXAMINATIONS, THE BOARD MAY 3,529
CALL TO ITS AID ANY PERSON OF ESTABLISHED REPUTATION AND KNOWN 3,530
ABILITY IN THE LIMITED BRANCH OF MEDICINE FOR WHICH THE
EXAMINATION IS BEING HELD. A PERSON CALLED TO ASSIST IN AN 3,531
EXAMINATION SHALL BE REIMBURSED FOR THE PERSON'S SERVICES. 3,532
REIMBURSEMENT SHALL BE NOT MORE THAN ONE HUNDRED DOLLARS PER DAY 3,533
AND AN AMOUNT FIXED AND ALLOWED BY THE BOARD FOR THE PERSON'S 3,534
ACTUAL AND NECESSARY EXPENSES. 3,535
EACH examination shall be given in anatomy, physiology, 3,538
chemistry, bacteriology, pathology, hygiene, diagnosis, and in 3,539
80
such ANY other subjects appropriate to the limited branches 3,541
BRANCH of medicine or surgery for which certification is 3,543
requested as the board may require. Applicants, EXCEPT THAT 3,544
APPLICANTS for certificates to practice massage or Swedish 3,545
movement THERAPY shall not be examined in pathology and 3,546
diagnosis.
IF AN APPLICANT FAILS AN EXAMINATION MORE THAN TWICE, IN 3,549
WHOLE OR IN PART, THE BOARD MAY REQUIRE THAT THE APPLICANT OBTAIN 3,550
ADDITIONAL TRAINING AS A CONDITION OF BEING ELIGIBLE FOR FURTHER 3,551
EXAMINATION.
Sec. 4731.17. For the purpose of conducting examinations 3,560
provided for in sections 4731.15 and 4731.16 of the Revised Code, 3,561
the state medical board shall call to its aid any person of 3,562
established reputation and known ability in the particular 3,563
limited branch in which the examination is being held. Any 3,564
person called by the board to its aid, as provided in this 3,565
section, shall be reimbursed for the person's services not more 3,567
than one hundred dollars per day and the person's actual and 3,568
necessary expenses to be fixed and allowed by the board.
If the AN applicant passes such THE examination TO PRACTICE 3,571
MASSAGE THERAPY OR COSMETIC THERAPY CONDUCTED UNDER SECTION
4731.16 OF THE REVISED CODE and has paid the fee of two hundred 3,573
fifty dollars REQUIRED UNDER THAT SECTION, the STATE MEDICAL 3,574
board shall issue its TO THE APPLICANT THE APPROPRIATE 3,575
certificate to that effect PRACTICE. Such certificate shall 3,576
authorize the holder thereof to practice such THE limited branch 3,578
of medicine or surgery as may be specified therein, but shall not 3,580
permit the holder to practice any other LIMITED branch of 3,581
medicine or surgery, nor shall it permit the holder to treat 3,583
infectious, contagious, or venereal diseases, or to prescribe or 3,584
administer drugs, or to perform surgery OR PRACTICE MEDICINE IN 3,585
ANY OTHER FORM.
Sec. 4731.18. The state medical board may dispense with 3,594
the examination of applicants for limited certificates to 3,595
81
practice a THE limited branch BRANCHES of medicine or surgery 3,597
upon OF MASSAGE THERAPY AND COSMETIC THERAPY IN the same
reciprocal conditions with respect to such limited branches as 3,598
are provided in MANNER THAT CERTIFICATES ARE ISSUED UNDER section 3,600
4731.29 of the Revised Code with respect to physicians and 3,601
surgeons generally TO INDIVIDUALS TO PRACTICE MEDICINE AND 3,602
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. In such cases the
state medical THE board shall MAY recognize ANY national 3,604
examining boards of the appropriate limited branches of medicine. 3,606
Sec. 4731.19. The state medical board shall determine the 3,615
standing of the schools, colleges, or institutions giving 3,617
instruction in THE limited branches of medicine or surgery OF 3,618
MASSAGE THERAPY AND COSMETIC THERAPY. If there shall at any time 3,619
be such schools, colleges, or institutions giving instruction in 3,621
such limited branches, the applicant for a certificate to 3,623
practice a limited branch of medicine or surgery shall, as a 3,624
condition of admission to the examination, produce a diploma or 3,625
certificate from a school, college, or institution in good 3,627
standing as determined by the board, showing the completion of 3,629
the required courses of instruction. 3,630
The entrance examiner of the board shall determine the 3,632
sufficiency of the preliminary education of applicants for such 3,633
limited certificate as is provided in A CERTIFICATE TO PRACTICE 3,634
MASSAGE THERAPY OR COSMETIC THERAPY IN THE SAME MANNER THAT 3,635
SUFFICIENCY OF PRELIMINARY EDUCATION IS DETERMINED UNDER section 3,637
4731.09 of the Revised Code. The, EXCEPT THAT THE board may 3,638
adopt rules defining and establishing for any THE limited branch 3,639
of medicine or surgery such preliminary educational requirements, 3,640
THAT ARE less exacting than those prescribed by such section, as 3,641
the nature of the case may require. 3,642
Sec. 4731.20. Sections 4731.07, 4731.08, and 4731.14 to 3,651
4731.26 of the Revised Code shall govern THE POWERS AND DUTIES 3,652
CONFERRED BY THIS CHAPTER ON the state medical board, INCLUDING 3,653
all of the BOARD'S officers mentioned therein, and the applicants 3,654
82
for and recipients of limited certificates to practice a limited 3,655
branch of medicine or surgery. In addition to FOR PURPOSES OF 3,657
REGULATING THE PRACTICES OF MEDICINE AND SURGERY, OSTEOPATHIC 3,658
MEDICINE AND SURGERY, AND PODIATRY, SHALL APPLY IN THE SAME
MANNER, WITH ANY MODIFICATIONS THE BOARD CONSIDERS NECESSARY, FOR 3,659
PURPOSES OF REGULATING THE PRACTICES OF LIMITED BRANCHES OF 3,660
MEDICINE, INCLUDING the power of the board to revoke and suspend 3,662
certificates provided for in TAKE DISCIPLINARY ACTIONS UNDER 3,663
section 2301.373 or 4731.22 of the Revised Code it may also 3,664
revoke or suspend the certificate of any one to whom a limited 3,665
certificate has been issued upon proof of violation of the rules 3,666
established by the board governing such limited practice. 3,667
Sec. 4731.22. (A) The state medical board, pursuant to an 3,676
adjudication under Chapter 119. of the Revised Code and by a AN 3,678
AFFIRMATIVE vote of not fewer than six of its members, may revoke 3,679
or may refuse to grant a certificate to a person found by the 3,680
board to have committed fraud in passing DURING THE 3,681
ADMINISTRATION OF the examination FOR A CERTIFICATE TO PRACTICE 3,682
or to have committed fraud, misrepresentation, or deception in 3,683
applying for or securing any license or certificate TO PRACTICE 3,684
OR CERTIFICATE OF REGISTRATION issued by the board. 3,685
(B) The board, pursuant to an adjudication under Chapter 3,688
119. of the Revised Code and by a AN AFFIRMATIVE vote of not 3,689
fewer than six members, shall, to the extent permitted by law, 3,690
limit, revoke, or suspend a AN INDIVIDUAL'S certificate TO 3,691
PRACTICE, refuse to register or AN INDIVIDUAL, refuse to 3,693
reinstate an applicant A CERTIFICATE, or reprimand or place on 3,694
probation the holder of a certificate for one or more of the 3,696
following reasons:
(1) Permitting one's name or one's CERTIFICATE TO PRACTICE 3,698
OR certificate of registration to be used by a person, group, or 3,700
corporation when the individual concerned is not actually 3,701
directing the treatment given; 3,702
(2) Failure to use reasonable care discrimination in 3,704
83
MAINTAIN MINIMAL STANDARDS APPLICABLE TO the SELECTION OR 3,706
administration of drugs, or failure to employ acceptable
scientific methods in the selection of drugs or other modalities 3,707
for treatment of disease; 3,708
(3) Selling, prescribing, giving away, or administering 3,710
drugs for other than legal and legitimate therapeutic purposes or 3,711
a plea of guilty to, or a judicial finding of guilt of, OR A 3,712
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,713
CONVICTION OF, a violation of any federal or state law regulating 3,715
the possession, distribution, or use of any drug; 3,716
(4) Willfully betraying a professional confidence. For 3,718
FOR purposes of this division, "willfully betraying a 3,720
professional confidence" does not include the making of a report 3,721
of an employee's use of a drug of abuse, or a report of a 3,722
condition of an employee other than one involving the use of a 3,723
drug of abuse, to the employer of the employee as described in 3,724
division (B) of section 2305.33 of the Revised Code, and nothing. 3,725
NOTHING in this division affects the immunity from civil 3,728
liability conferred by that section upon a physician who makes 3,729
either type of report in accordance with division (B) of that 3,730
section. As used in this division, "employee," "employer," and 3,731
"physician" have the same meanings as in section 2305.33 of the 3,732
Revised Code.
(5) Soliciting patients or publishing MAKING a false, 3,734
fraudulent, deceptive, or misleading statement IN THE 3,737
SOLICITATION OF OR ADVERTISING FOR PATIENTS; IN RELATION TO THE 3,739
PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 3,740
SURGERY, PODIATRY, OR A LIMITED BRANCH OF MEDICINE; OR IN 3,741
SECURING OR ATTEMPTING TO SECURE ANY CERTIFICATE TO PRACTICE OR 3,742
CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD.
As used in this division, "false, fraudulent, deceptive, or 3,744
misleading statement" means a statement that includes a 3,745
misrepresentation of fact, is likely to mislead or deceive 3,746
because of a failure to disclose material facts, is intended or 3,747
84
is likely to create false or unjustified expectations of 3,748
favorable results, or includes representations or implications 3,749
that in reasonable probability will cause an ordinarily prudent 3,750
person to misunderstand or be deceived. 3,751
(6) A departure from, or the failure to conform to, 3,753
minimal standards of care of similar practitioners under the same 3,754
or similar circumstances, whether or not actual injury to a 3,755
patient is established; 3,756
(7) Representing, with the purpose of obtaining 3,758
compensation or other advantage for self AS PERSONAL GAIN or for 3,759
any other person, that an incurable disease or injury, or other 3,761
incurable condition, can be permanently cured; 3,762
(8) The obtaining of, or attempting to obtain, money or 3,764
anything of value by fraudulent misrepresentations in the course 3,765
of practice; 3,766
(9) A plea of guilty to, or a judicial finding of guilt 3,768
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,769
CONVICTION FOR, a felony; 3,770
(10) Commission of an act that constitutes a felony in 3,772
this state, regardless of the jurisdiction in which the act was 3,773
committed; 3,774
(11) A plea of guilty to, or a judicial finding of guilt 3,776
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,777
CONVICTION FOR, a misdemeanor committed in the course of 3,778
practice;
(12) Commission of an act IN THE COURSE OF PRACTICE that 3,780
constitutes a misdemeanor in this state, regardless of the 3,782
jurisdiction in which the act was committed, if the act was 3,783
committed in the course of practice;
(13) A plea of guilty to, or a judicial finding of guilt 3,785
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,786
CONVICTION FOR, a misdemeanor involving moral turpitude; 3,787
(14) Commission of an act INVOLVING MORAL TURPITUDE that 3,789
constitutes a misdemeanor in this state, regardless of the 3,791
85
jurisdiction in which the act was committed, if the act involves 3,792
moral turpitude;
(15) Violation of the conditions of limitation placed by 3,794
the board upon a certificate to practice or violation of the 3,795
conditions of limitation upon which a limited or temporary 3,796
registration or certificate to practice is issued; 3,797
(16) Failure to pay license renewal fees specified in this 3,799
chapter; 3,800
(17) Engaging in the division of fees for referral of 3,803
patients, or the receiving of a thing of value in return for a 3,805
specific referral of a patient to utilize a particular service or 3,806
business;
(18)(a) Subject to section 4731.226 of the Revised Code, 3,808
violation of any provision of a code of ethics of the American 3,810
medical association, the American osteopathic association, the 3,811
American podiatric medical association, or any other national 3,812
professional organizations as are determined, THAT THE BOARD 3,813
SPECIFIES by rule, by the state medical board. The state medical 3,814
board shall obtain and keep on file current copies of the codes 3,815
of ethics of the various national professional organizations. 3,816
The practitioner INDIVIDUAL whose certificate is being suspended 3,817
or revoked shall not be found to have violated any provision of a 3,819
code of ethics of an organization not appropriate to the 3,820
practitioner's INDIVIDUAL'S profession. 3,821
(b) For purposes of this division, a "provision of a code 3,823
of ethics of a national professional organization" does not 3,824
include any provision of a code of ethics of a specified national 3,825
professional organization that would preclude the making of a 3,826
report by a physician of an employee's use of a drug of abuse, or 3,827
of a condition of an employee other than one involving the use of 3,828
a drug of abuse, to the employer of the employee as described in 3,829
division (B) of section 2305.33 of the Revised Code, and nothing. 3,831
NOTHING in this division affects the immunity from civil 3,833
liability conferred by that section upon a physician who makes 3,834
86
either type of report in accordance with division (B) of that 3,835
section. As used in this division, "employee," "employer," and 3,836
"physician" have the same meanings as in section 2305.33 of the 3,837
Revised Code.
(19) Inability to practice according to acceptable and 3,839
prevailing standards of care by reason of mental illness or 3,840
physical illness, including, but not limited to, physical 3,841
deterioration that adversely affects cognitive, motor, or 3,842
perceptive skills. In 3,843
IN enforcing this division, the board, upon a showing of a 3,846
possible violation, may compel any individual licensed or 3,847
certified AUTHORIZED to practice by this chapter or who has 3,848
applied for licensure or certification SUBMITTED AN APPLICATION 3,849
pursuant to this chapter to submit to a mental or EXAMINATION, 3,851
physical examination, INCLUDING AN HIV TEST, or both, as required 3,853
by and at the expense of the board A MENTAL AND A PHYSICAL
EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE 3,855
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. 3,856
Failure of any individual to submit to a mental or physical 3,857
examination when directed OR CONSENT TO AN HIV TEST ORDERED BY 3,858
THE BOARD constitutes an admission of the allegations against the 3,859
individual unless the failure is due to circumstances beyond the 3,861
individual's control, and a default and final order may be 3,862
entered without the taking of testimony or presentation of 3,863
evidence. If the board finds a physician AN INDIVIDUAL unable to 3,864
practice because of the reasons set forth in this division, the 3,866
board shall require the physician INDIVIDUAL to submit to care, 3,868
counseling, or treatment by physicians approved or designated by 3,869
the board, as a condition for initial, continued, reinstated, or 3,870
renewed licensure AUTHORITY to practice. An individual licensed 3,872
by this chapter affected under this division shall be afforded an 3,873
opportunity to demonstrate to the board that the individual can 3,874
THE ABILITY TO resume practice in compliance with acceptable and 3,875
prevailing standards under the provisions of the individual's 3,876
87
certificate. For the purpose of this division, any individual 3,878
licensed or certified WHO APPLIES FOR OR RECEIVES A CERTIFICATE 3,879
to practice by UNDER this chapter accepts the privilege of 3,880
practicing in this state and, by so doing or by the making and 3,882
filing of a registration or application to practice in this 3,883
state, shall be deemed to have given consent to submit to a 3,884
mental or physical examination when directed to do so in writing 3,885
by the board, and to have waived all objections to the 3,886
admissibility of testimony or examination reports that constitute 3,887
a privileged communication. 3,888
(20) Except as provided in division (B)(27) of this 3,890
section and WHEN CIVIL PENALTIES ARE IMPOSED UNDER section 3,891
4731.225 OR 4731.281 of the Revised Code, and subject to section 3,892
4731.226 of the Revised Code, violating or attempting to violate, 3,894
directly or indirectly, or assisting in or abetting the violation 3,895
of, or conspiring to violate, any provisions of this chapter or 3,896
any rule promulgated by the board. This 3,897
THIS division does not apply to a violation or attempted 3,899
violation of, assisting in or abetting the violation of, or a 3,900
conspiracy to violate, any provision of this chapter or any rule 3,901
promulgated ADOPTED by the board that would preclude the making 3,902
of a report by a physician of an employee's use of a drug of 3,904
abuse, or of a condition of an employee other than one involving 3,905
the use of a drug of abuse, to the employer of the employee as 3,906
described in division (B) of section 2305.33 of the Revised Code, 3,907
and nothing. NOTHING in this division affects the immunity from 3,910
civil liability conferred by that section upon a physician who 3,911
makes either type of report in accordance with division (B) of 3,912
that section. As used in this division, "employee," "employer," 3,913
and "physician" have the same meanings as in section 2305.33 of 3,914
the Revised Code.
(21) The violation of any abortion rule adopted by the 3,916
public health council pursuant to section 3701.341 of the Revised 3,917
Code; 3,918
88
(22) The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 3,921
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF MEDICINE AND 3,922
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, PODIATRY, OR THE 3,923
LIMITED BRANCHES OF MEDICINE IN ANOTHER STATE, FOR ANY REASON 3,924
OTHER THAN THE NONPAYMENT OF FEES: THE limitation, revocation, 3,926
or suspension by another state of a AN INDIVIDUAL'S license or 3,927
certificate to practice issued by the proper licensing authority 3,929
of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE 3,930
SURRENDER; DENIAL OF A LICENSE; refusal to license, register, 3,932
RENEW or reinstate an applicant by that authority, the A LICENSE; 3,934
imposition of probation by that authority,; or the issuance of an 3,936
order of censure or other reprimand by that authority for any 3,937
reason, other than nonpayment of fees; 3,938
(23) The violation of section 2919.12 of the Revised Code 3,940
or the performance or inducement of an abortion upon a pregnant 3,941
woman with actual knowledge that the conditions specified in 3,942
division (B) of section 2317.56 of the Revised Code have not been 3,943
satisfied or with a heedless indifference as to whether those 3,944
conditions have been satisfied, unless an affirmative defense as 3,945
specified in division (H)(2) of that section would apply in a 3,946
civil action authorized by division (H)(1) of that section; 3,947
(24) The revocation, suspension, restriction, reduction, 3,949
or termination of clinical privileges by the UNITED STATES 3,951
department of defense, or the DEPARTMENT OF veterans 3,952
administration of the United States, for any act or acts that 3,954
also would constitute a violation of this chapter AFFAIRS OR THE 3,956
TERMINATION OR SUSPENSION OF A CERTIFICATE OF REGISTRATION TO 3,957
PRESCRIBE DRUGS BY THE DRUG ENFORCEMENT ADMINISTRATION OF THE 3,958
UNITED STATES DEPARTMENT OF JUSTICE; 3,959
(25) Termination or suspension from PARTICIPATION IN THE 3,961
medicare or medicaid programs by the department of health and 3,963
human services or other responsible agency for any act or acts 3,964
that also would constitute a violation of division (B)(2), (3), 3,965
(6), (8), or (19) of this section; 3,966
89
(26) Impairment of ability to practice according to 3,968
acceptable and prevailing standards of care because of habitual 3,969
or excessive use or abuse of drugs, alcohol, or other substances 3,970
that impair ability to practice. 3,971
For the purposes of this division, any individual licensed 3,973
or certified under AUTHORIZED TO PRACTICE BY this chapter accepts 3,974
the privilege of practicing in this state subject to supervision 3,976
by the board. By filing a registration or AN application for 3,977
licensure or by holding a license or certificate TO PRACTICE 3,979
under this chapter, an individual shall be deemed to have given 3,981
consent to submit to a mental or physical examination when 3,982
ordered to do so by the board in writing, and to have waived all 3,983
objections to the admissibility of testimony or examination 3,984
reports that constitute privileged communications. 3,985
If it has reason to believe that any individual licensed or 3,987
certified under AUTHORIZED TO PRACTICE BY this chapter or any 3,988
applicant for a license or certification TO PRACTICE suffers such 3,990
impairment, the board may compel the individual to submit to a 3,992
mental or physical examination, or both. The EXPENSE OF THE 3,993
examination shall be at IS the expense RESPONSIBILITY of the 3,994
board INDIVIDUAL COMPELLED TO BE EXAMINED. Any mental or 3,996
physical examination required under this division shall be 3,997
undertaken by a treatment provider or physician who is qualified
to conduct the examination and who is chosen by the board. 3,999
Failure of the individual to submit to a mental or physical 4,001
examination ordered by the board constitutes an admission of the 4,002
allegations against the individual unless the failure is due to 4,003
circumstances beyond the individual's control, and a default and 4,004
final order may be entered without the taking of testimony or 4,005
presentation of evidence. If the board determines that the 4,006
individual's ability to practice is impaired, the board shall 4,007
suspend the individual's certificate or deny the individual's 4,009
application and shall require the individual, as a condition for 4,010
initial, continued, reinstated, or renewed licensure 4,011
90
CERTIFICATION to practice, to submit to treatment. 4,013
Before being eligible to apply for reinstatement of a 4,015
license CERTIFICATE suspended under this division, the IMPAIRED 4,017
practitioner shall demonstrate to the board that the practitioner 4,018
can ABILITY TO resume practice in compliance with acceptable and 4,020
prevailing standards of care under the provisions of the 4,021
practitioner's certificate. The demonstration shall include, but 4,023
shall not be limited to, the following:
(a) Certification from a treatment provider approved under 4,025
section 4731.25 of the Revised Code that the practitioner 4,026
INDIVIDUAL has successfully completed any required inpatient 4,028
treatment;
(b) Evidence of continuing full compliance with an 4,030
aftercare contract or consent agreement; 4,031
(c) Two written reports indicating that the individual's 4,033
ability to practice has been assessed and that the individual has 4,034
been found capable of practicing according to acceptable and 4,035
prevailing standards of care. The reports shall be made by 4,036
individuals or providers approved by the board for making the 4,037
assessments and shall describe the basis for this THEIR 4,038
determination.
The board may reinstate a license CERTIFICATE suspended 4,040
under this division after that demonstration and after the 4,042
individual has entered into a written consent agreement. 4,043
When the impaired practitioner resumes practice after 4,045
reinstatement of the practitioner's license, the board shall 4,046
require continued monitoring of the practitioner, which 4,048
INDIVIDUAL. THE MONITORING shall include, but not be limited to, 4,050
compliance with the written consent agreement entered into before 4,051
reinstatement or with conditions imposed by board order after a 4,052
hearing, and, upon termination of the consent agreement, 4,053
submission to the board for at least two years of annual written 4,054
progress reports made under penalty of perjury stating whether 4,055
the practitioner INDIVIDUAL has maintained sobriety. 4,056
91
(27) A second or subsequent violation of section 4731.66 4,058
or 4731.69 of the Revised Code; 4,059
(28) Except as provided in division (J)(N) of this 4,061
section:
(a) Waiving the payment of all or any part of a deductible 4,064
or copayment that a patient, pursuant to a health insurance or 4,065
health care policy, contract, or plan that covers the 4,066
practitioner's INDIVIDUAL'S services, otherwise would be required 4,067
to pay if the waiver is used as an enticement to a patient or 4,068
group of patients to receive health care services from that 4,069
provider INDIVIDUAL; 4,070
(b) Advertising that the practitioner INDIVIDUAL will 4,072
waive the payment of all or any part of a deductible or copayment 4,074
that a patient, pursuant to a health insurance or health care 4,075
policy, contract, or plan that covers the practitioner's 4,076
INDIVIDUAL'S services, otherwise would be required to pay. 4,078
(29) Failure to use universal blood and body fluid 4,080
precautions established by rules adopted under section 4731.051 4,081
of the Revised Code; 4,082
(30) Failure of a collaborating physician to perform the 4,085
responsibilities agreed to by the physician in the protocol 4,086
established between the physician and an advanced practice nurse 4,087
in accordance with section 4723.56 of the Revised Code; 4,088
(31) Failure to provide notice to, and receive 4,090
acknowledgment of the notice from, a patient when required by 4,092
section 4731.143 of the Revised Code prior to providing 4,093
nonemergency professional services, or failure to maintain that 4,094
notice in the patient's file;
(32) Failure of a physician supervising a physician 4,096
assistant to maintain supervision in accordance with the 4,097
requirements of Chapter 4730. of the Revised Code and the rules 4,098
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 4,100
standard care arrangement with a clinical nurse specialist, 4,101
92
certified nurse-midwife, or certified nurse practitioner with 4,102
whom the physician or podiatrist is in collaboration pursuant to 4,103
section 4731.27 of the Revised Code and practice in accordance 4,104
with the arrangement; 4,105
(34) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 4,107
THE BOARD UNDER DIVISION (F) OF THIS SECTION, INCLUDING FAILURE 4,109
TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR FAILURE 4,110
TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT A 4,111
DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE TO 4,112
COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR 4,113
DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 4,114
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 4,115
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 4,116
IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 4,118
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 4,119
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 4,120
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 4,121
CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF 4,122
A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A 4,123
CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE VOTE OF NOT 4,124
FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE THE 4,125
FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 4,126
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 4,127
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 4,128
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 4,129
(D) For purposes of divisions (B)(10), (12), and (14) of 4,131
this section, the commission of the act may be established by a 4,132
finding by the board, pursuant to an adjudication under Chapter 4,134
119. of the Revised Code, that the applicant or certificate 4,135
holder INDIVIDUAL committed the act. The board does not have 4,136
jurisdiction under those divisions if the trial court renders a 4,137
final judgment in the certificate holder's INDIVIDUAL'S favor and 4,138
that judgment is based upon an adjudication on the merits. The 4,140
93
board has jurisdiction under those divisions if the trial court 4,141
issues an order of dismissal upon technical or procedural 4,142
grounds.
(E) The sealing of conviction records shall have no effect 4,144
upon a prior board order entered under this section or upon the 4,146
board's jurisdiction to take action under this section if a
notice of an opportunity for a hearing has been issued, based 4,149
upon a conviction, plea of guilty, or A judicial finding of guilt 4,151
prior to the court order, OR A JUDICIAL FINDING OF ELIGIBILITY 4,152
FOR TREATMENT IN LIEU OF CONVICTION, THE BOARD ISSUED A NOTICE OF 4,153
OPPORTUNITY FOR HEARING PRIOR TO THE COURT'S ORDER TO SEAL THE 4,154
RECORDS. THE BOARD SHALL NOT BE REQUIRED TO SEAL, DESTROY, 4,155
REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S 4,156
SEALING OF CONVICTION RECORDS. 4,157
(C)(F)(1) The board shall investigate evidence that 4,159
appears to show that any A person has violated any provision of 4,160
this chapter or any rule adopted under it. Any person may report 4,161
to the board in a signed writing any information that the person 4,163
may have that appears to show a violation of any provision of 4,164
this chapter or any rule adopted under it. In the absence of bad 4,165
faith, any person who reports information of that nature or who 4,166
testifies before the board in any adjudication hearing conducted 4,167
under Chapter 119. of the Revised Code shall not be liable in 4,169
damages in a civil action as a result of the report or testimony. 4,170
EACH
Each complaint or allegation of a violation received by the 4,172
board shall be assigned a case number and shall be recorded by 4,173
the board. Information received by the board pursuant to an 4,174
investigation shall be confidential and not subject to discovery 4,175
in any civil action. 4,176
(2) Investigations of alleged violations of this chapter 4,178
or any rule adopted under it shall be supervised by the 4,180
supervising member elected by the board in accordance with 4,181
section 4731.02 of the Revised Code and by the secretary as 4,182
94
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 4,184
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 4,186
participate in further adjudication of the case.
For the purpose of investigation of (3) IN INVESTIGATING a 4,189
possible violation of division (B)(3), (8), (9), (11), or (15) of 4,190
this section, the board may administer oaths, order the taking of 4,191
depositions, issue subpoenas, and compel the attendance of 4,192
witnesses and production of books, accounts, papers, records, 4,193
documents, and testimony. 4,194
In investigating possible violations of all remaining 4,196
divisions of this section and sections of this chapter or any 4,197
rule adopted under this chapter, the board also may administer 4,199
oaths, order the taking of depositions, issue subpoenas, and 4,200
compel the attendance of witnesses and production of books, 4,201
accounts, papers, records, documents, and testimony. However, in 4,202
those instances WHEN ISSUING A SUBPOENA FOR PATIENT RECORD 4,203
INFORMATION, other than for patient records provided to the board 4,204
pursuant to the reporting provisions of division (A) of section 4,205
4731.224 of the Revised Code, a THE subpoena for patient record 4,207
information shall not be issued without consultation with the 4,208
attorney general's office and approval of the secretary of the 4,209
board, the AND supervising member, and a member of the board who 4,211
holds a certificate issued under this chapter authorizing the 4,212
practice of medicine and surgery, osteopathic medicine and 4,214
surgery, or podiatry. Before issuance of a subpoena of that 4,215
nature FOR PATIENT RECORD INFORMATION, the three board members 4,216
SECRETARY AND SUPERVISING MEMBER shall determine whether there is 4,218
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 4,219
the records sought are relevant to the alleged violation and 4,221
material to the investigation. Those THE SUBPOENA MAY APPLY ONLY 4,222
TO records must THAT cover a reasonable period of time 4,223
95
surrounding the alleged violation. Upon 4,224
ON failure to comply with any subpoena issued by the board 4,227
and after reasonable notice to the person being subpoenaed, the 4,228
board may move for an order compelling the production of persons 4,229
or records pursuant to the Rules of Civil Procedure. Each 4,230
officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 4,232
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 4,233
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 4,235
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 4,236
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 4,237
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PERSON 4,238
WHOSE PRACTICE IS AUTHORIZED BY THIS CHAPTER, SERVICE OF THE 4,239
SUBPOENA MAY BE MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY, 4,240
RETURN RECEIPT REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED 4,241
ON THE DATE DELIVERY IS MADE OR THE DATE THE PERSON REFUSES TO 4,242
ACCEPT DELIVERY.
A SHERIFF'S DEPUTY who serves a subpoena of that nature 4,246
shall receive the same fees as a sheriff, and each. EACH witness 4,247
who appears, BEFORE THE BOARD in obedience to a subpoena, before 4,249
the board, shall receive the fees and mileage provided for 4,250
witnesses in civil cases in the courts of common pleas. 4,251
(4) All hearings and investigations of the board shall be 4,253
considered civil actions for the purposes of section 2305.251 of 4,254
the Revised Code. 4,255
(5) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 4,257
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 4,258
CIVIL ACTION. 4,259
The board shall conduct all investigations and proceedings 4,261
in a manner that protects patient THE confidentiality OF PATIENTS 4,263
AND PERSONS WHO FILE COMPLAINTS WITH THE BOARD. The board shall 4,265
not make public THE names or ANY other identifying information 4,266
about patients OR COMPLAINANTS unless proper consent is given or, 4,267
IN THE CASE OF A PATIENT, a waiver of the patient privilege 4,268
96
exists under division (B) of section 2317.02 of the Revised Code, 4,269
except that no consent or A waiver of that nature is NOT required 4,270
if the board possesses reliable and substantial evidence that no 4,272
bona fide physician-patient relationship exists. 4,273
(2) In the absence of fraud or bad faith, neither the 4,275
board, nor any current or former member, agent, representative, 4,276
or employee of the board, nor any provider of educational and 4,277
assessment services selected by the board for the quality 4,278
intervention program shall be held liable in damages to any 4,279
person as the result of any act, omission, proceeding, conduct, 4,280
or decision related to official duties undertaken or performed 4,282
pursuant to this chapter. If a current or former member, agent,
representative, or employee of the board or a provider of 4,283
educational and assessment services selected by the board for the 4,284
quality intervention program requests the state to defend against 4,285
any claim or action arising out of any act, omission, proceeding, 4,286
conduct, or decision related to the person's official duties, if 4,287
the request is made in writing at a reasonable time before trial, 4,288
and if the person requesting defense cooperates in good faith in 4,289
the defense of the claim or action, the state shall provide and 4,290
pay for the defense and shall pay any resulting judgment, 4,291
compromise, or settlement. At no time shall the state pay that 4,292
part of a claim or judgment that is for punitive or exemplary 4,293
damages.
(3) On THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES 4,297
PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND 4,298
PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND 4,299
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL 4,300
MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER 4,301
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING 4,302
ALLEGED CRIMINAL OFFENSES. A BOARD OR AGENCY THAT RECEIVES THE 4,303
INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING 4,304
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST 4,305
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED
97
CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE 4,306
BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS 4,307
POSSESSION. THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A 4,308
CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE 4,309
COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE 4,310
THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF 4,311
THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING 4,312
INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY 4,313
WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS 4,314
IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 4,315
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 4,317
(6) ON a quarterly basis, the board shall prepare a report 4,320
that documents the disposition of all cases during the preceding 4,321
three months. The report shall contain the following information 4,322
for each case with which the board has completed its activities: 4,323
(a) The case number assigned to the complaint or alleged 4,325
violation pursuant to division (C)(1) of this section; 4,326
(b) The type of license or certificate to practice, if 4,328
any, held by the individual against whom the complaint is 4,329
directed; 4,330
(c) A description of the allegations contained in the 4,332
complaint; 4,333
(d) The disposition of the case. 4,335
The report shall state how many cases are still pending and 4,338
shall be prepared in a manner that protects the identity of each 4,340
person involved in each case. The report shall be a public 4,341
record under section 149.43 of the Revised Code.
(D)(G) If the secretary and supervising member determine 4,343
that there is clear and convincing evidence that a certificate 4,344
holder AN INDIVIDUAL has violated division (B) of this section 4,345
and that the certificate holder's INDIVIDUAL'S continued practice 4,346
presents a danger of immediate and serious harm to the public, 4,348
they may recommend that the board suspend the certificate 4,349
98
holder's INDIVIDUAL'S certificate TO PRACTICE without a prior 4,351
hearing. Written allegations shall be prepared for consideration
by the board members. 4,352
The board, upon review of those allegations and by a AN 4,354
AFFIRMATIVE vote of not fewer than six of its members, excluding 4,356
the secretary and supervising member, may suspend a certificate 4,357
without a prior hearing. A telephone conference call may be 4,358
utilized for reviewing the allegations and taking the vote ON THE 4,359
SUMMARY SUSPENSION. 4,360
The board shall issue a written order of suspension by 4,362
certified mail or in person in accordance with section 119.07 of 4,363
the Revised Code. The order shall not be subject to suspension 4,365
by the court during pendency of any appeal filed under section 4,366
119.12 of the Revised Code. If the certificate holder INDIVIDUAL 4,367
SUBJECT TO THE SUMMARY SUSPENSION requests an adjudicatory 4,369
hearing by the board, the date set for that THE hearing shall be 4,370
within fifteen days, but not earlier than seven days, after the 4,371
certificate holder has requested a INDIVIDUAL REQUESTS THE 4,372
hearing, unless otherwise agreed to by both the board and the 4,373
certificate holder INDIVIDUAL. 4,374
Any summary suspension imposed under this division shall 4,376
remain in effect, unless reversed on appeal, until a final 4,377
adjudicative order issued by the board pursuant to this section 4,378
and Chapter 119. of the Revised Code becomes effective. The 4,379
board shall issue its final adjudicative order within sixty days 4,380
after completion of its hearing. A failure to issue the order 4,381
within sixty days shall result in dissolution of the summary 4,382
suspension order but shall not invalidate any subsequent, final 4,383
adjudicative order. 4,384
(E)(H) If the board takes action under division (B)(9), 4,387
(11), or (13) of this section and the conviction, judicial
finding of guilt, or guilty plea, OR JUDICIAL FINDING OF 4,388
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION is overturned on 4,389
appeal, upon exhaustion of the criminal appeal, a petition for 4,391
99
reconsideration of the order may be filed with the board along 4,392
with appropriate court documents. Upon receipt of a petition of 4,393
that nature and supporting court documents, the board shall 4,394
reinstate the petitioner's INDIVIDUAL'S certificate TO PRACTICE. 4,395
The board may then hold an adjudication UNDER CHAPTER 119. OF THE 4,396
REVISED CODE to determine whether the applicant or certificate 4,397
holder INDIVIDUAL committed the act in question. Notice of an 4,399
opportunity for a hearing shall be given in accordance with 4,400
Chapter 119. of the Revised Code. If the board finds, pursuant 4,401
to an adjudication held under this division, that the applicant 4,402
or certificate holder INDIVIDUAL committed the act or if no 4,404
hearing is requested, the board may order any of the sanctions
identified under division (B) of this section. The board does 4,406
not have jurisdiction under division (B)(10), (12), or (14) of
this section if the trial court renders a final judgment in the 4,408
certificate holder's favor and that judgment is based upon an 4,409
adjudication on the merits. The board has jurisdiction under 4,410
those divisions if the trial court issues an order of dismissal 4,411
upon technical or procedural grounds. 4,412
(F)(I) The certificate or license TO PRACTICE issued to an 4,415
individual under this chapter and the individual's practice in 4,417
this state are automatically suspended as of the date the 4,418
individual pleads guilty to, OR is found by a judge or jury to be 4,420
guilty of, or is subject to a judicial finding of eligibility for 4,421
treatment in lieu of conviction for either ANY of the following: 4,423
(1) In this state, aggravated CRIMINAL OFFENSES IN THIS 4,425
STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER 4,426
JURISDICTION: AGGRAVATED murder, murder, voluntary manslaughter, 4,429
felonious assault, kidnapping, rape, sexual battery, gross sexual 4,430
imposition, aggravated arson, aggravated robbery, or aggravated 4,431
burglary;
(2) In another jurisdiction, any criminal offense 4,433
substantially equivalent to those specified in division (F)(1) of 4,434
this section. CONTINUED 4,435
100
Continued practice after suspension of the individual's 4,438
certificate or license shall be considered practicing without a 4,440
certificate or license. The
THE board shall notify the individual subject to the 4,444
suspension by certified mail or in person in accordance with 4,445
section 119.07 of the Revised Code. If an individual whose 4,446
certificate or license is suspended under this division fails to 4,447
make a timely request for an adjudicatory hearing ADJUDICATION 4,448
UNDER CHAPTER 119. OF THE REVISED CODE, the board shall enter a 4,449
final order PERMANENTLY revoking the INDIVIDUAL'S certificate or 4,450
license TO PRACTICE.
(G)(J) If the board is required by Chapter 119. of the 4,453
Revised Code to give notice of an opportunity for a hearing and 4,454
if the applicant or certificate holder INDIVIDUAL SUBJECT TO THE 4,455
NOTICE does not timely request a hearing in accordance with 4,456
section 119.07 of the Revised Code, the board is not required to 4,458
hold a hearing, but may adopt, by a AN AFFIRMATIVE vote of not 4,459
fewer than six of its members, a final order that contains the 4,460
board's findings. In that final order, the board may order any 4,461
of the sanctions identified under division (A) OR (B) of this 4,463
section.
(H)(K) Any action taken by the board under division (B) of 4,465
this section resulting in a suspension from practice shall be 4,466
accompanied by a written statement of the conditions under which 4,467
the INDIVIDUAL'S certificate holder TO PRACTICE may be reinstated 4,469
to practice. The board shall adopt rules governing conditions to 4,470
be imposed for reinstatement. Reinstatement of a certificate 4,471
suspended pursuant to division (B) of this section requires an 4,472
affirmative vote of not fewer than six members of the board. 4,473
(I)(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE TO AN 4,476
APPLICANT, REVOKES AN INDIVIDUAL'S CERTIFICATE TO PRACTICE, 4,478
REFUSES TO REGISTER AN APPLICANT, OR REFUSES TO REINSTATE AN 4,479
INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD MAY SPECIFY THAT 4,480
ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A PERMANENT 4,481
101
ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER INELIGIBLE TO 4,482
HOLD A CERTIFICATE TO PRACTICE AND THE BOARD SHALL NOT ACCEPT AN 4,483
APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE 4,484
OF A NEW CERTIFICATE.
(M) Notwithstanding any other provision of the Revised 4,486
Code, no ALL OF THE FOLLOWING APPLY: 4,487
(1) THE surrender of a license or certificate issued under 4,489
this chapter shall NOT be effective unless or until accepted by 4,491
the board. Reinstatement of a certificate surrendered to the 4,492
board requires an affirmative vote of not fewer than six members 4,493
of the board.
Notwithstanding any other provision of the Revised Code, no 4,495
(2) AN application for a license or certificate made under 4,498
the provisions of this chapter may NOT be withdrawn without 4,500
approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 4,503
REGISTRATION IN ACCORDANCE WITH THIS CHAPTER SHALL NOT REMOVE OR
LIMIT THE BOARD'S JURISDICTION TO TAKE ANY DISCIPLINARY ACTION 4,505
UNDER THIS SECTION AGAINST THE INDIVIDUAL. 4,506
(J)(N) Sanctions shall not be imposed under division 4,508
(B)(28) of this section against any person who waives deductibles 4,510
and copayments as follows:
(1) In compliance with the health benefit plan that 4,512
expressly allows such a practice. Waiver of the deductibles or 4,513
copayments shall be made only with the full knowledge and consent 4,514
of the plan purchaser, payer, and third-party administrator. 4,515
Documentation of the consent shall be made available to the board 4,516
upon request.
(2) For professional services rendered to any other person 4,518
authorized to practice pursuant to this chapter, to the extent 4,520
allowed by this chapter and rules adopted by the board. 4,521
(K)(O) Under the board's investigative duties described in 4,523
this section and subject to division (C)(F) of this section, the 4,525
board shall develop and implement a quality intervention program 4,527
102
designed to improve physicians' clinical and communication skills 4,528
through remedial education THE CLINICAL AND COMMUNICATION SKILLS 4,529
OF INDIVIDUALS AUTHORIZED UNDER THIS CHAPTER TO PRACTICE MEDICINE 4,530
AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, AND PODIATRY. In 4,531
developing and implementing the quality intervention program, the 4,532
board may do all of the following: 4,533
(1) Offer in appropriate cases as determined by the board 4,535
an educational and assessment program to physicians pursuant to 4,536
an investigation the board conducts under this section; 4,538
(2) Select providers of educational and assessment 4,540
services for physicians, including a quality intervention program 4,541
panel of case reviewers; 4,542
(3) Refer physicians MAKE REFERRALS to educational and 4,544
assessment service providers and approve individual educational 4,546
programs recommended by those providers. The board shall monitor 4,547
the progress of each physician INDIVIDUAL undertaking an A 4,548
RECOMMENDED INDIVIDUAL educational program of that nature. 4,549
(4) Determine WHAT CONSTITUTES successful completion of an 4,551
INDIVIDUAL educational program undertaken by a referred physician 4,553
and require further monitoring of a physician THE INDIVIDUAL WHO 4,554
COMPLETED THE PROGRAM or other action that the board determines 4,555
to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 4,557
Revised Code to further implement the quality intervention 4,559
program.
A physician AN INDIVIDUAL who participates in an individual 4,561
educational program pursuant to this division shall pay the 4,563
financial obligations arising from that educational program. 4,564
Sec. 4731.221. If the state medical board has reason to 4,573
believe that any person who has been granted a certificate under 4,574
Chapter 4731. of the Revised Code is mentally ill or mentally 4,575
incompetent, it may file in the probate court of the county in 4,576
which such person has a legal residence an affidavit in the form 4,577
prescribed in section 5122.11 of the Revised Code and signed by 4,578
103
the board secretary or a member of his THE BOARD SECRETARY'S 4,579
staff, whereupon the same proceedings shall be had as provided in 4,581
Chapter 5122. of the Revised Code. The attorney general may 4,582
represent the board in any proceeding commenced under this 4,583
section.
If any person who has been granted a certificate is 4,585
adjudged by a probate court to be mentally ill or mentally 4,586
incompetent, his THE PERSON'S certificate shall be automatically 4,587
suspended until such person has filed with the state medical 4,589
board a certified copy of an adjudication by a probate court of 4,590
his THE PERSON'S subsequent restoration to competency or has 4,592
submitted to such board proof, satisfactory to the board, that he 4,593
THE PERSON has been discharged as having a restoration to 4,595
competency in the manner and form provided in section 5122.38 of 4,596
the Revised Code. The judge of such court shall forthwith notify 4,597
the state medical board of an adjudication of incompetence, and 4,598
shall note any suspension of a certificate in the margin of the 4,599
court's record of such certificate. In the absence of fraud or 4,600
bad faith, neither the state medical board nor any member, agent, 4,601
representative, or employee thereof shall be held liable in 4,602
damages by any person by reason of the filing of the affidavit 4,603
referred to in this section. 4,604
Sec. 4731.222. Before restoring to good standing a 4,613
certificate issued under this chapter that has been in a 4,614
suspended or inactive state for any cause for more than two 4,615
years, or before issuing a certificate pursuant to section 4,616
4731.18, 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised 4,618
Code to an applicant who for more than two years has not been
engaged in the practice of medicine, osteopathic medicine, or 4,620
podiatry, OR A LIMITED BRANCH OF MEDICINE as an active 4,621
practitioner, as a participant in a postgraduate training program 4,623
approved by the state medical board, or PROGRAM OF GRADUATE 4,624
MEDICAL EDUCATION, AS DEFINED IN SECTION 4731.091 OF THE REVISED 4,625
CODE, as a student in good standing at a medical or osteopathic 4,626
104
school or A college of podiatry approved DETERMINED by the board 4,627
TO BE IN GOOD STANDING, OR AS A STUDENT IN A SCHOOL, COLLEGE, OR 4,628
INSTITUTION GIVING INSTRUCTION IN A LIMITED BRANCH OF MEDICINE 4,629
DETERMINED BY THE BOARD TO BE IN GOOD STANDING UNDER SECTION
4731.19 OF THE REVISED CODE, the state medical board may require 4,631
the applicant to pass an oral or written examination, or both, to 4,632
determine the applicant's present fitness to resume practice. 4,633
The authority of the board to impose terms and conditions 4,635
includes the following: 4,636
(A) Requiring the applicant to obtain additional training 4,638
and to pass an examination upon completion of such training; 4,639
(B) Restricting or limiting the extent, scope, or type of 4,641
practice of the applicant. 4,642
The board shall consider the moral background and the 4,644
activities of the applicant during the period of suspension or 4,645
inactivity, in accordance with section 4731.08 of the Revised 4,646
Code. 4,647
Sec. 4731.223. (A) As used in this section, "prosecutor" 4,656
has the same meaning as in section 2935.01 of the Revised Code. 4,657
(B) Whenever any person holding a valid certificate issued 4,659
pursuant to this chapter is convicted of or pleads guilty to, IS 4,661
SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A 4,662
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of 4,663
the Revised Code or of any substantively comparable ordinance of 4,665
a municipal corporation in connection with the person's practice, 4,666
the prosecutor in the case, on forms prescribed and provided by 4,668
the state medical board, shall promptly notify the board of the 4,669
conviction or guilty plea. Within thirty days of receipt of that 4,670
information, the board shall initiate action in accordance with 4,672
Chapter 119. of the Revised Code to determine whether to suspend 4,673
or revoke the certificate under section 4731.22 of the Revised 4,674
Code.
(C) The prosecutor in any case against any person holding 4,676
105
a valid certificate issued pursuant to this chapter, on forms 4,678
prescribed and provided by the state medical board, shall notify
the board of any of the following: 4,679
(1) A plea of guilty to, or a finding of guilt by a jury 4,681
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 4,683
LIEU OF CONVICTION FOR a felony, or a case in which the trial 4,685
court issues an order of dismissal upon technical or procedural 4,686
grounds of a felony charge; 4,687
(2) A plea of guilty to, or a finding of guilt by a jury 4,690
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 4,692
LIEU OF CONVICTION FOR a misdemeanor committed in the course of 4,694
practice, or a case in which the trial court issues an order of 4,695
dismissal upon technical or procedural grounds of a charge of a 4,697
misdemeanor, if the alleged act was committed in the course of 4,698
practice;
(3) A plea of guilty to, or a finding of guilt by a jury 4,700
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 4,702
LIEU OF CONVICTION FOR a misdemeanor involving moral turpitude, 4,704
or a case in which the trial court issues an order of dismissal 4,705
upon technical or procedural grounds of a charge of a misdemeanor 4,707
involving moral turpitude. 4,708
The report shall include the name and address of the 4,710
certificate holder, the nature of the offense for which the 4,711
action was taken, and the certified court documents recording the 4,712
action. 4,713
Sec. 4731.224. (A) Within sixty days after the completion 4,722
IMPOSITION of any formal disciplinary procedure ACTION taken by 4,724
any HEALTH CARE FACILITY, INCLUDING A hospital or, HEALTH CARE 4,725
FACILITY OPERATED BY A HEALTH INSURING CORPORATION, ambulatory 4,726
surgical center, OR SIMILAR FACILITY, against any person 4,727
INDIVIDUAL holding a valid certificate TO PRACTICE issued 4,729
pursuant to this chapter, the chief administrator or executive 4,730
officer of the facility shall report to the STATE MEDICAL board 4,731
the name of the certificate holder INDIVIDUAL, the action taken 4,732
106
by the facility, and a summary of the underlying facts leading to 4,733
the action taken. Upon request, the board shall be provided 4,734
CERTIFIED copies of the patient records minus patient identifiers 4,735
which THAT were the basis for the facility's action. Prior to 4,736
release to the board, the summary shall be approved by the peer 4,737
review committee which THAT reviewed the case or by the governing 4,738
board of the facility. As used in this division, "formal 4,740
disciplinary procedure ACTION" means any procedure ACTION 4,741
resulting in the revocation, restriction, reduction, or 4,743
termination of clinical privileges for violations of professional 4,744
ethics, or for reasons of medical incompetence, medical 4,745
malpractice, or drug or alcohol abuse. "FORMAL DISCIPLINARY 4,746
ACTION" INCLUDES A SUMMARY ACTION, AN ACTION THAT TAKES EFFECT 4,747
NOTWITHSTANDING ANY APPEAL RIGHTS THAT MAY EXIST, AND AN ACTION 4,748
THAT RESULTS IN AN INDIVIDUAL SURRENDERING CLINICAL PRIVILEGES 4,749
WHILE UNDER INVESTIGATION AND DURING PROCEEDINGS REGARDING THE 4,750
ACTION BEING TAKEN OR IN RETURN FOR NOT BEING INVESTIGATED OR 4,751
HAVING PROCEEDINGS HELD. "Formal disciplinary procedure ACTION" 4,752
does not include any action taken for the sole reason of failure 4,754
to maintain records on a timely basis or failure to attend staff 4,755
or section meetings.
The filing or nonfiling of a report with the board, 4,757
investigation by the board, or any disciplinary action taken by 4,758
the board, shall not preclude any action by a health care 4,759
facility or professional society to suspend, restrict, or revoke 4,760
the INDIVIDUAL'S CLINICAL privileges or membership of such 4,761
physician. 4,762
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 4,764
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 4,765
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 4,766
(B) If any individual authorized to practice under this 4,769
chapter or any, PROFESSIONAL association or society of SUCH 4,770
individuals authorized to practice under this chapter, OR HEALTH 4,771
CARE FACILITY believes that a violation of any provision of this 4,772
107
chapter, Chapter 4730. of the Revised Code, or any rule of the 4,773
board has occurred, the individual, association ORGANIZATION, or 4,774
society FACILITY shall report to the board the information upon 4,775
which the belief is based. This division does not require any 4,776
person or organization that is a treatment provider approved by 4,777
the board under section 4731.25 of the Revised Code or any 4,780
employee, agent, or representative of such a provider to make 4,781
reports with respect to a AN IMPAIRED practitioner participating 4,782
in treatment or aftercare so FOR SUBSTANCE ABUSE AS long as the 4,783
practitioner maintains participation in accordance with the 4,784
requirements of section 4731.25 of the Revised Code, and so AS 4,785
long as the association, society, or individual TREATMENT 4,786
PROVIDER OR EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER 4,787
has no reason to believe that the practitioner has violated any 4,788
provision of this chapter or any rule adopted under it, other 4,789
than the provisions of division (B)(26) of section 4731.22 of the 4,792
Revised Code. This division does not require reporting by any 4,793
member of an impaired practitioner committee established by a 4,794
hospital HEALTH CARE FACILITY or by any representative or agent 4,795
of a committee or program sponsored by a professional association 4,796
OR SOCIETY of individuals authorized to practice under this 4,797
chapter to provide peer assistance to practitioners with 4,799
substance abuse problems with respect to a practitioner who has 4,800
been referred for examination to a treatment program approved by 4,801
the board under section 4731.25 of the Revised Code if the 4,802
practitioner cooperates with the referral for examination and 4,803
with any determination that the physician assistant PRACTITIONER 4,804
should enter treatment and so AS long as the committee member, 4,805
representative, or agent has no reason to believe that the 4,806
practitioner has ceased to participate in the treatment program 4,807
in accordance with section 4731.25 of the Revised Code or has 4,808
violated any provision of this chapter or any rule adopted under 4,810
it, other than the provisions of division (B)(26) of section 4,812
4731.22 of the Revised Code.
108
(C) Any professional ASSOCIATION OR society composed 4,814
primarily of doctors of medicine and surgery, doctors of 4,816
osteopathic medicine and surgery, or doctors of podiatry, OR 4,817
PRACTITIONERS OF LIMITED BRANCHES OF MEDICINE that suspends or 4,818
revokes an individual's membership in that society for violations 4,819
of professional ethics, or for reasons of professional 4,820
incompetence or professional malpractice, within sixty days after 4,821
a final decision shall report to the board, on forms prescribed 4,822
and provided by the board, the name of the member INDIVIDUAL, the 4,824
action taken by the society PROFESSIONAL ORGANIZATION, and a
summary of the underlying facts leading to the action taken. 4,826
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO 4,828
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY 4,829
ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL 4,830
ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN 4,831
INDIVIDUAL.
(D) Any insurer providing professional liability insurance 4,833
to any person holding a valid certificate issued pursuant to AN 4,834
INDIVIDUAL AUTHORIZED TO PRACTICE UNDER this chapter, or any 4,835
other entity that seeks to indemnify the professional liability 4,836
of any person holding a valid certificate issued pursuant to this 4,837
chapter SUCH AN INDIVIDUAL, shall notify the board within thirty 4,838
days after the final disposition of any written claim for damages 4,839
where such disposition results in a payment which exceeds 4,840
EXCEEDING twenty-five thousand dollars. Such THE notice shall 4,841
contain the following information: 4,842
(1) The name and address of the person submitting the 4,844
notification; 4,845
(2) The name and address of the insured who is the subject 4,847
of the claim; 4,848
(3) The name of the person filing the written claim; 4,850
(4) The date of final disposition; 4,852
(5) If applicable, the identity of the court in which the 4,854
final disposition of the claim took place. 4,855
109
(E) On the basis of the reporting provisions in this 4,857
section, the THE board may investigate possible violations of 4,858
this chapter or a rule THE RULES adopted under it. The board may 4,859
also investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF 4,860
THE REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD 4,862
SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES 4,863
repeated malpractice. As used in this division, "repeated 4,865
malpractice" is MEANS three or more claims for medical 4,866
malpractice within the previous A five-year period, each 4,868
resulting in a judgment or settlement in excess of twenty-five 4,869
thousand dollars in favor of the claimant, and each involving 4,870
negligent conduct by the physician PRACTICING INDIVIDUAL. 4,871
(F) All summaries, reports, and records received and 4,873
maintained by the board pursuant to this section shall be held in 4,874
confidence and shall not be subject to discovery or introduction 4,875
in evidence in any federal or state civil action involving a 4,876
health care professional or facility arising out of matters which 4,877
THAT are the subject of such THE reporting to the board REQUIRED 4,879
BY THIS SECTION. The board may only use the information obtained 4,880
ONLY as the basis for an investigation, as evidence in a 4,881
disciplinary hearing against the certificate holder AN INDIVIDUAL 4,882
WHOSE PRACTICE IS REGULATED UNDER THIS CHAPTER, or in any
subsequent trial or appeal of a board action or order. 4,884
The board may only disclose the summaries and reports which 4,886
it receives under this section ONLY to hospital HEALTH CARE 4,887
FACILITY committees within or outside Ohio which THIS STATE THAT 4,889
are involved in credentialling CREDENTIALING or recredentialling 4,890
RECREDENTIALING the certificate holder INDIVIDUAL or in reviewing 4,891
his THE INDIVIDUAL'S clinical privileges. The board shall 4,892
indicate whether or not the information has been verified. 4,893
Information thus transmitted by the board shall be subject to the 4,894
same confidentiality provisions as when maintained by the board. 4,895
(G) Except for reports filed by an individual pursuant to 4,898
division (B) of this section, THE BOARD SHALL SEND a copy of any 4,899
110
reports or summaries received by the board IT RECEIVES pursuant 4,900
to this section shall be sent to the certificate holder by the 4,901
board INDIVIDUAL WHO IS THE SUBJECT OF THE REPORTS OR SUMMARIES. 4,902
The certificate holder INDIVIDUAL shall have the right to file a 4,903
statement with the board concerning the correctness or relevance 4,904
of the information. Such THE statement shall at all times 4,905
accompany that part of the record in contention. 4,906
(H) Any person, health care facility, association, 4,908
society, AN INDIVIDUAL or insurer who ENTITY THAT, pursuant to 4,910
this section, reports to the board or who refers an impaired 4,911
practitioner to a treatment provider approved by the board under 4,912
section 4731.25 of the Revised Code shall not be subject to suit 4,913
for civil damages as a result of the report, referral, or 4,915
provision of the information.
(I) In the absence of fraud or bad faith, no professional 4,917
association OR SOCIETY of individuals authorized to practice 4,918
under this chapter that sponsors a committee or program to 4,920
provide peer assistance to practitioners with substance abuse 4,921
problems, no representative or agent of such a committee or 4,922
program, and no member of the state medical board shall be held 4,923
liable in damages to any person by reason of actions taken to 4,924
refer a practitioner to a treatment provider approved under 4,925
section 4731.25 of the Revised Code for examination or treatment. 4,926
Sec. 4731.225. If the holder of a certificate ISSUED under 4,936
this chapter violates division (A), (B), or (C) of section 4,937
4731.66 or section 4731.69 of the Revised Code, or if any other 4,938
person violates division (B) or (C) of section 4731.66 or section 4,940
4731.69 of the Revised Code, the state medical board, pursuant to
an adjudication hearing conducted in accordance with UNDER 4,941
Chapter 119. of the Revised Code and a AN AFFIRMATIVE vote of not 4,942
fewer than six of its members, shall: 4,943
(A) For a first violation, impose a civil penalty of not 4,945
more than five thousand dollars; 4,946
(B) For each subsequent violation, impose a civil penalty 4,948
111
of not more than twenty thousand dollars and, if the violator is 4,949
a certificate holder, proceed under division (B)(27) of section 4,950
4731.22 of the Revised Code.
Sec. 4731.25. The state medical board, in accordance with 4,959
Chapter 119. of the Revised Code, shall adopt and may amend and 4,960
rescind rules establishing standards for approval of physicians 4,961
and facilities as treatment providers for impaired practitioners 4,962
who are regulated under this chapter or Chapter 4730. of the 4,963
Revised Code. The rules shall include standards for both 4,964
inpatient and outpatient treatment. The rules shall provide that 4,965
in order to be approved, a treatment provider must have the 4,966
capability of making an initial examination to determine what 4,967
type of treatment an impaired practitioner requires. Subject to 4,968
the rules, the board shall review and approve treatment providers 4,969
on a regular basis. The board, at its discretion, may withdraw 4,970
or deny approval subject to the rules. 4,971
An approved impaired practitioner treatment provider shall: 4,973
(A) Report to the board the name of any practitioner 4,975
suffering or showing evidence of suffering impairment as 4,976
described in division (B)(6)(5) of section 4730.25 of the Revised 4,978
Code or division (B)(26) of section 4731.22 of the Revised Code 4,980
who fails to comply within one week with a referral for
examination; 4,981
(B) Report to the board the name of any impaired 4,983
practitioner who fails to enter treatment within forty-eight 4,984
hours following the provider's determination that the 4,985
practitioner needs treatment; 4,986
(C) Require every practitioner who enters treatment to 4,988
agree to a treatment contract establishing the terms of treatment 4,989
and aftercare, including any required supervision or restrictions 4,990
of practice during treatment or aftercare; 4,991
(D) Require a practitioner to suspend practice upon entry 4,993
into any required inpatient treatment; 4,994
(E) Report to the board any failure by an impaired 4,996
112
practitioner to comply with the terms of the treatment contract 4,997
during inpatient or outpatient treatment or aftercare; 4,998
(F) Report to the board the resumption of practice of any 5,000
impaired practitioner before the treatment provider has made a 5,001
clear determination that the practitioner is capable of 5,002
practicing according to acceptable and prevailing standards of 5,003
care; 5,004
(G) Require a practitioner who resumes practice after 5,006
completion of treatment to comply with an aftercare contract that 5,007
meets the requirements of rules adopted by the board for approval 5,008
of treatment providers; 5,009
(H) Report the identity of any practitioner practicing 5,011
under the terms of an aftercare contract to hospital 5,012
administrators, medical chiefs of staff, and chairpersons of 5,013
impaired practitioner committees of all health care institutions 5,015
at which the practitioner holds clinical privileges or otherwise 5,016
practices. If the practitioner does not hold clinical privileges 5,018
at any health care institution, the treatment provider shall 5,019
report the practitioner's identity to the impaired physicians 5,020
PRACTITIONER committee of the county medical society, osteopathic 5,021
academy, or podiatric medical association in every county in 5,022
which the practitioner practices. If there are no impaired 5,023
physicians PRACTITIONER committees in the county, the treatment 5,025
provider shall report the practitioner's identity to the 5,026
president or other designated member of the county medical 5,027
society, osteopathic academy, or podiatric medical association. 5,028
(I) Report to the board the identity of any practitioner 5,030
who suffers a relapse at any time during or following aftercare. 5,031
Any individual authorized to practice under this chapter 5,034
who enters into treatment by an approved treatment provider shall 5,035
be deemed to have waived any confidentiality requirements that 5,036
would otherwise prevent the treatment provider from making 5,037
reports required under this section. 5,038
In the absence of fraud or bad faith, no person or 5,040
113
organization that conducts an approved impaired practitioner 5,041
treatment program, no member of such an organization, and no 5,043
employee, representative, or agent of the treatment provider 5,044
shall be held liable in damages to any person by reason of 5,045
actions taken or recommendations made by the treatment provider 5,046
or its employees, representatives, or agents.
Sec. 4731.281. (A) On or before the deadline established 5,056
under division (B) of this section for applying for renewal of a 5,058
certificate of registration, each person holding a certificate 5,060
under this chapter to practice medicine and surgery, osteopathic 5,061
medicine and surgery, or podiatry shall certify to the state 5,062
medical board that in the preceding two years the person has 5,063
completed one hundred hours of continuing medical education. The 5,064
certification shall be made upon the application for BIENNIAL 5,065
registration furnished by the board SUBMITTED pursuant to 5,067
DIVISION (B) OF this section. For purposes of meeting this 5,069
requirement, THE BOARD SHALL ADOPT RULES PROVIDING FOR PRO RATA 5,070
REDUCTIONS BY MONTH OF THE NUMBER OF HOURS OF CONTINUING 5,072
EDUCATION REQUIRED FOR PERSONS WHO ARE IN THEIR FIRST 5,073
REGISTRATION PERIOD, WHO HAVE A REGISTRATION PERIOD OF LESS THAN 5,074
TWO YEARS DUE TO INITIAL IMPLEMENTATION OF THE STAGGERED RENEWAL 5,075
SCHEDULE ESTABLISHED UNDER DIVISION (B) OF THIS SECTION, WHO HAVE 5,076
BEEN DISABLED DUE TO ILLNESS OR ACCIDENT, OR WHO HAVE BEEN ABSENT 5,078
FROM THE COUNTRY.
IN DETERMINING WHETHER A COURSE, PROGRAM, OR ACTIVITY 5,080
QUALIFIES FOR CREDIT AS CONTINUING MEDICAL EDUCATION, THE BOARD 5,081
SHALL APPROVE all continuing medical education taken by persons 5,083
holding a certificate to practice medicine and surgery shall be 5,084
THAT IS certified by the Ohio state medical association and 5,085
approved by the board;, all continuing medical education taken by 5,086
persons holding a certificate to practice osteopathic medicine 5,087
and surgery shall be THAT IS certified by the Ohio osteopathic 5,088
association and approved by the board;, and all continuing 5,089
medical education taken by persons holding a certificate to 5,091
114
practice podiatry shall be THAT IS certified by the Ohio 5,092
podiatric medical association and approved by the board. The 5,094
board shall adopt rules providing for pro rata adjustments by 5,095
month of the hours of continuing education required by this 5,097
section for persons who are in their first registration period, 5,098
who have a registration period of less than two years due to 5,099
initial implementation of the staggered renewal schedule 5,100
established under division (B) of this section, who have been 5,101
disabled due to illness or accident, or who have been absent from 5,102
the country. Each person holding a certificate to practice under 5,103
this chapter shall be given sufficient choice of continuing 5,104
education programs to ensure that the person has had a reasonable 5,105
opportunity to participate in continuing education programs that 5,107
are relevant to the person's medical practice in terms of subject 5,109
matter and level. The
THE board may require a random sample of persons holding a 5,112
certificate to practice under this chapter to submit materials 5,113
documenting completion of the continuing medical education 5,114
requirement during the preceding registration period, but this 5,115
provision shall not limit the board's authority to investigate 5,116
pursuant to section 4731.22 of the Revised Code. 5,117
(B)(1) Every person holding a certificate under this 5,119
chapter to practice medicine and surgery, osteopathic medicine 5,120
and surgery, or podiatry wishing to renew that certificate shall 5,121
apply to the board for a certificate of registration upon an 5,123
application furnished by the board, and pay TO THE BOARD AT THE 5,124
TIME OF APPLICATION a fee of two hundred seventy-five dollars to 5,125
the board, according to the following schedule: 5,126
(a) Persons whose last name begins with the letters "A" 5,128
through "B," on or before April 1, 2001, and the first day of 5,129
April of every odd-numbered year thereafter; 5,130
(b) Persons whose last name begins with the letters "C" 5,132
through "D," on or before January 1, 2001, and the first day of 5,133
January of every odd-numbered year thereafter; 5,134
115
(c) Persons whose last name begins with the letters "E" 5,137
through "G," on or before October 1, 2000, and the first day of 5,140
October of every even-numbered year thereafter; 5,141
(d) Persons whose last name begins with the letters "H" 5,144
through "K," on or before July 1, 2000, and the first day of July 5,147
of every even-numbered year thereafter; 5,148
(e) Persons whose last name begins with the letters "L" 5,151
through "M," on or before April 1, 2000, and the first day of 5,154
April of every even-numbered year thereafter; 5,155
(f) Persons whose last name begins with the letters "N" 5,158
through "R," on or before January 1, 2000, and the first day of 5,161
January of every even-numbered year thereafter; 5,162
(g) Persons whose last name begins with the letter "S," on 5,165
or before October 1, 1999, and the first day of October of every 5,167
odd-numbered year thereafter; 5,168
(h) Persons whose last name begins with the letters "T" 5,171
through "Z," on or before July 1, 1999, and the first day of July 5,172
of every odd-numbered year thereafter. 5,173
The board shall deposit the fee in accordance with section 5,176
4731.24 of the Revised Code, except that, until July 30, 2001, 5,178
the board shall deposit twenty dollars of the fee into the state 5,179
treasury to the credit of the physician loan repayment fund 5,180
created by section 3702.78 of the Revised Code. 5,181
The board shall assess a penalty of twenty-five dollars for 5,184
late applications. The board shall deposit penalties in 5,185
accordance with section 4731.24 of the Revised Code. 5,186
(2) The board shall mail or cause to be mailed to every 5,189
person registered to practice medicine and surgery, osteopathic 5,190
medicine and surgery, or podiatry, an application for 5,191
registration addressed to the PERSON'S last known post-office 5,192
address of such person or may cause such THE application to be 5,194
sent to such THE person through the secretary of any recognized 5,196
medical, osteopathic, or podiatric society, according to the 5,198
following schedule:
116
(a) To persons whose last name begins with the letters "A" 5,200
through "B," on or before January 1, 2001, and the first day of 5,202
January of every odd-numbered year thereafter; 5,203
(b) To persons whose last name begins with the letters "C" 5,206
through "D," on or before October 1, 2000, and the first day of 5,209
October of every even-numbered year thereafter; 5,210
(c) To persons whose last name begins with the letters "E" 5,213
through "G," on or before July 1, 2000, and the first day of July 5,216
of every even-numbered year thereafter; 5,217
(d) To persons whose last name begins with the letters "H" 5,220
through "K," on or before April 1, 2000, and the first day of 5,223
April of every even-numbered year thereafter; 5,224
(e) To persons whose last name begins with the letters "L" 5,227
through "M," on or before January 1, 2000, and the first day of 5,230
January of every even-numbered year thereafter; 5,231
(f) To persons whose last name begins with the letters "N" 5,234
through "R," on or before October 1, 1999, and the first day of 5,237
October of every odd-numbered year thereafter; 5,238
(g) To persons whose last name begins with the letter "S," 5,241
on or before July 1, 1999, and the first day of July of every 5,243
odd-numbered year thereafter; 5,244
(h) To persons whose last name begins with the letters "T" 5,247
through "Z," on or before April 1, 1999, and the first day of 5,250
April of every odd-numbered year thereafter. 5,251
Failure of any person to receive an application from the 5,254
board shall not excuse the person from the requirements contained 5,255
in this section. The application shall contain proper spaces for 5,256
the applicant's signature and the insertion of the required 5,257
information, including a statement that the person has fulfilled 5,259
the continuing education requirements imposed by this section. 5,260
The applicant shall write or cause to be written upon the 5,262
application so furnished the applicant's full name, principal 5,264
practice address and residence address, the number of the 5,266
applicant's certificate to practice, and any other facts for the 5,268
117
identification of the applicant as a person holding a certificate 5,269
to practice under this chapter as the board considers necessary. 5,270
The applicant shall include with the application a list of the 5,271
names and addresses of any clinical nurse specialists, certified 5,272
nurse-midwives, or certified nurse practitioners with whom the 5,273
applicant is currently collaborating, as defined in section 5,274
4723.02 of the Revised Code. The applicant shall execute and 5,277
deliver the application to the board by mail or in person. Every 5,278
person registered under this section shall give written notice to 5,279
the board of any change of principal practice address or 5,280
residence address or in the list within thirty days of the 5,281
change.
The applicant shall report any criminal offense that 5,283
constitutes grounds for refusal of registration under section 5,284
4731.22 of the Revised Code TO WHICH THE APPLICANT HAS PLEADED 5,285
GUILTY, of which the applicant has been found guilty, or to which 5,288
the applicant has entered a plea of guilty or no contest FOR 5,289
WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE FOR TREATMENT IN LIEU 5,290
OF CONVICTION, since the LAST signing of the applicant's latest 5,291
preceding AN application for a certificate to practice medicine 5,293
or surgery OF REGISTRATION.
(C) The board shall issue to any person holding a 5,295
certificate under this chapter to practice medicine and surgery, 5,296
osteopathic medicine and surgery, or podiatry, upon application 5,297
and qualification therefor in accordance with this section, a 5,298
certificate of registration under the seal of the board. Such A 5,299
certificate OF REGISTRATION shall be valid for a two-year period, 5,300
commencing on the first day of the third month after the 5,302
registration fee is due and expiring on the last day of the month 5,304
two years thereafter. 5,305
The board shall publish and cause to be mailed to each 5,309
person registered under this section, upon request, a printed 5,310
list of the persons so registered.
(D) Failure of any certificate holder to register and 5,312
118
comply with this section shall operate automatically to suspend 5,313
the holder's certificate to practice, and the continued. 5,315
CONTINUED practice after the suspension of the certificate to 5,317
practice shall be considered as practicing without a license IN 5,318
VIOLATION OF SECTION 4731.41, 4731.43, OR 4731.60 OF THE REVISED 5,319
CODE. A SUBJECT TO SECTION 4731.222 OF THE REVISED CODE, THE 5,320
BOARD SHALL REINSTATE A certificate to practice suspended for 5,322
less than two years for failure to register shall be reinstated 5,323
by the board upon AN APPLICANT'S submission of the current and 5,324
delinquent BIENNIAL registration fees FEE, the twenty-five-dollar 5,326
APPLICABLE MONETARY penalty for late applications, and 5,327
certification by signature of the applicant that the applicant 5,328
has completed the requisite continuing medical education. THE 5,329
PENALTY FOR REINSTATEMENT SHALL BE FIFTY DOLLARS IF THE 5,331
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND ONE 5,332
HUNDRED DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE
THAN TWO YEARS. THE BOARD SHALL DEPOSIT THE PENALTIES IN 5,333
ACCORDANCE WITH SECTION 4731.24 OF THE REVISED CODE. 5,335
(E) IF AN INDIVIDUAL CERTIFIES COMPLETION OF THE NUMBER OF 5,337
HOURS AND TYPE OF CONTINUING MEDICAL EDUCATION REQUIRED TO 5,339
RECEIVE A CERTIFICATE OF REGISTRATION OR REINSTATEMENT OF A 5,340
CERTIFICATE TO PRACTICE, AND THE BOARD FINDS THROUGH THE RANDOM 5,341
SAMPLES IT CONDUCTS UNDER THIS SECTION OR THROUGH ANY OTHER MEANS 5,342
THAT THE INDIVIDUAL DID NOT COMPLETE THE REQUISITE CONTINUING 5,343
MEDICAL EDUCATION, THE BOARD MAY IMPOSE A CIVIL PENALTY OF NOT 5,344
MORE THAN FIVE THOUSAND DOLLARS. THE BOARD'S FINDING SHALL BE 5,345
MADE PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF THE 5,347
REVISED CODE AND BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX 5,348
MEMBERS.
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN 5,350
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE 5,351
UNDER SECTION 4731.22 OF THE REVISED CODE. THE BOARD SHALL 5,353
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE 5,354
REVISED CODE.
119
(E)(F) The state medical board may obtain information not 5,356
protected by statutory or common law privilege from courts and 5,357
other sources concerning malpractice claims against any person 5,358
holding a certificate to practice under this chapter or 5,359
practicing as provided in section 4731.36 of the Revised Code. 5,360
Sec. 4731.29. (A) When a person licensed to practice 5,369
medicine and surgery or osteopathic medicine and surgery by the 5,370
licensing department of another state, a diplomate of the 5,371
national board of medical examiners or the national board of 5,372
examiners for osteopathic physicians and surgeons, or a 5,373
licentiate of the medical council of Canada wishes to remove to 5,374
this state to practice his profession, he THE PERSON shall file 5,376
an application with the state medical board. The board may, in
its discretion, by an affirmative vote of not less than six of 5,377
its members, issue to him a ITS certificate to practice medicine 5,378
and surgery or osteopathic medicine and surgery without requiring 5,379
the applicant to submit to examination, provided he THE APPLICANT 5,380
submits evidence satisfactory to the board that he meets OF 5,382
MEETING the same age, moral character, and educational 5,383
requirements individuals must meet under sections 4731.08, 5,384
4731.09, 4731.091, and 4731.14 of the Revised Code and, if 5,385
applicable, that he demonstrates proficiency in spoken English in 5,386
accordance with division (E) of this section. 5,387
(B) The state medical board shall issue or deny its 5,389
certificate TO PRACTICE within sixty days after the receipt of a 5,390
complete application to practice medicine and surgery, or 5,391
osteopathic medicine and surgery, under division (A) of this 5,392
section. Within thirty days after receipt of an application, the 5,393
state medical board shall provide the applicant with written 5,394
notice, by certified mail, of any information required before an 5,395
application can be considered complete for purposes of this 5,396
section.
(C) If an applicant is under investigation pursuant to 5,398
section 4731.22 of the Revised Code, the state medical board 5,399
120
shall conclude the investigation within ninety days of receipt of 5,400
a complete application unless extended by written consent of the 5,401
applicant or unless the board determines that a substantial 5,402
question of such a violation OF THIS CHAPTER OR THE RULES ADOPTED 5,403
UNDER IT exists and the board has notified the applicant in 5,404
writing of the reasons for the continuation of the investigation. 5,405
If the board determines that the applicant has IS not violated 5,406
section 4731.22 of the Revised Code IN VIOLATION, it shall issue 5,408
a certificate within forty-five days of that determination.
(D) A fee of three hundred dollars shall be submitted with 5,410
each application for certification under this section. 5,411
(E)(1) Except as otherwise provided in this division 5,413
(E)(2) OF THIS SECTION, an applicant licensed to practice 5,414
medicine and surgery or osteopathic medicine and surgery by the 5,416
licensing department of another state who received that license 5,417
based in part on certification from the educational commission 5,418
for foreign medical graduates shall demonstrate proficiency in 5,419
spoken English if he THE APPLICANT fulfilled the undergraduate 5,420
requirements for a certificate issued under this section at an 5,422
institution outside the United States. The applicant may 5,423
demonstrate such proficiency only in the manner described in 5,424
section 4731.142 of the Revised Code for individuals attempting 5,425
to receive certificates issued under section 4731.14 of the 5,426
Revised Code. An
(2) AN applicant DESCRIBED IN DIVISION (E)(1) OF THIS 5,429
SECTION is not required to demonstrate proficiency in spoken 5,430
English if either of the following apply:
(1)(a) During the five years immediately preceding the 5,432
date of his application, the applicant's license has been 5,433
unrestricted and the applicant has been actively practicing 5,434
medicine and surgery or osteopathic medicine and surgery in the 5,435
United States.
(2)(b) The applicant was required to demonstrate such 5,437
proficiency as a condition of his RECEIVING certification from 5,438
121
the educational commission for foreign medical graduates. 5,440
Sec. 4731.291. (A) The state medical board may issue, 5,449
without examination, a training certificate to any person who 5,450
wishes AN INDIVIDUAL SEEKING to pursue an internship, residency, 5,451
or clinical fellowship program in this state, WHO DOES NOT HOLD A 5,453
CERTIFICATE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 5,455
MEDICINE OR SURGERY ISSUED UNDER THIS CHAPTER, SHALL APPLY TO THE 5,456
STATE MEDICAL BOARD FOR A TRAINING CERTIFICATE. THE APPLICATION 5,457
SHALL BE MADE ON FORMS THAT THE BOARD SHALL FURNISH AND SHALL BE 5,458
ACCOMPANIED BY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS. 5,459
(B) An applicant for a training certificate shall furnish 5,461
proof satisfactory to the board of all the following: 5,462
(1) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE 5,464
applicant is at least eighteen years of age and is of good moral 5,467
character.
(2) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE 5,469
applicant has been accepted or appointed to participate in this 5,472
state in one of the following:
(a) An internship or residency program accredited by 5,474
either the accreditation council for graduate medical education 5,475
of the American medical association or the American osteopathic 5,476
association; 5,477
(b) A clinical fellowship program at an institution with a 5,479
residency program accredited by either the accreditation council 5,480
for graduate medical education of the American medical 5,481
association or the American osteopathic association that is in a 5,482
clinical field the same as or related to the clinical field of 5,483
the fellowship program. 5,484
The applicant shall indicate; 5,486
(3) INFORMATION IDENTIFYING the beginning and ending dates 5,488
of the period for which the applicant has been accepted or 5,489
appointed to participate in the internship, residency, or 5,491
clinical fellowship program; 5,492
(4) ANY OTHER INFORMATION THAT THE BOARD REQUIRES. 5,494
122
(C) A (B) IF NO GROUNDS FOR DENYING A CERTIFICATE UNDER 5,496
SECTION 4731.22 OF THE REVISED CODE APPLY, AND THE APPLICANT 5,498
MEETS THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION, THE BOARD 5,499
SHALL ISSUE A TRAINING CERTIFICATE TO THE APPLICANT. THE BOARD 5,500
SHALL NOT REQUIRE AN EXAMINATION AS A CONDITION OF RECEIVING A 5,501
TRAINING CERTIFICATE.
A training certificate issued pursuant to this section 5,503
shall be valid only for the period of one year, but may in the 5,504
discretion of the board and upon application duly made, be 5,505
renewed annually for a maximum of five years. The fee for 5,506
RENEWAL OF a training certificate or any renewal thereof shall be 5,507
thirty-five dollars. The 5,508
THE board shall maintain a register of all individuals who 5,512
hold training certificates.
(D)(C) The holder of a valid training certificate shall be 5,514
entitled to perform such acts as may be prescribed by or 5,515
incidental to the holder's internship, residency, or clinical 5,517
fellowship program, but the holder shall not be entitled 5,518
otherwise to engage in the practice of medicine and surgery or
osteopathic medicine and surgery in this state. The holder shall 5,520
limit activities under the certificate to the programs of the 5,521
hospitals or facilities for which the training certificate is 5,522
issued. The holder shall train only under the supervision of the 5,523
physicians responsible for supervision as part of the internship, 5,524
residency, or clinical fellowship program. A training 5,525
certificate may be revoked by the board upon proof, satisfactory 5,526
to the board, that the holder thereof has engaged in practice in 5,527
this state outside the scope of the internship, residency, or 5,528
clinical fellowship program for which the training certificate 5,529
has been issued, or upon proof, satisfactory to the board, that 5,530
the holder thereof has engaged in unethical conduct or that there 5,531
are grounds for action against the holder under section 4731.22 5,532
of the Revised Code.
(E)(D) The board may adopt rules as the board finds 5,534
123
necessary to effect the purpose of this section. 5,536
Sec. 4731.341. The practice of medicine in all of its 5,546
branches or the treatment of human ailments without the use of 5,549
drugs or medicines and without operative surgery by any person 5,550
not at that time holding a valid and current certificate as 5,554
provided by Chapter 4723., 4725., or 4731. of the Revised Code is 5,555
hereby declared to be inimical to the public welfare and to 5,556
constitute a public nuisance. The attorney general, the 5,557
prosecuting attorney of any county in which the offense was 5,558
committed or the offender resides, the state medical board, or 5,559
any other person having knowledge of a person engaged EITHER 5,560
DIRECTLY OR BY COMPLICITY in the practice of medicine without 5,561
having first obtained a certificate to do so pursuant to such 5,562
chapters, may on or after January 1, 1969, in accord with 5,563
provisions of the Revised Code governing injunctions, maintain an 5,564
action in the name of the state to enjoin any person from 5,565
engaging EITHER DIRECTLY OR BY COMPLICITY in the unlawful 5,567
practice of medicine in all of its branches, or the treatment of 5,568
human ailments without the use of drugs or medicines and without 5,569
operative surgery, by applying for an injunction in any court of 5,571
competent jurisdiction. 5,572
Prior to application for such injunction, the secretary of 5,574
the state medical board shall notify the person allegedly engaged 5,575
EITHER DIRECTLY OR BY COMPLICITY in the unlawful practice of 5,576
medicine or any of its branches by registered mail that the 5,578
secretary has received information indicating that this person is 5,579
so engaged. Said person shall answer the secretary within thirty 5,580
days showing that the person is either properly licensed for the 5,582
stated activity or that the person is not in violation of Chapter 5,584
4723. or 4731. of the Revised Code. If the answer is not 5,585
forthcoming within thirty days after notice by the secretary, the 5,587
secretary shall request that the attorney general, the 5,588
prosecuting attorney of the county in which the offense was
committed or the offender resides, or the state medical board 5,589
124
proceed as authorized in this section. 5,590
Upon the filing of a verified petition in court, the court 5,592
shall conduct a hearing on the petition and shall give the same 5,593
preference to this proceeding as is given all proceedings under 5,594
Chapter 119. of the Revised Code, irrespective of the position of 5,597
the proceeding on the calendar of the court.
Such injunction proceedings shall be in addition to, and 5,599
not in lieu of, all penalties and other remedies provided in 5,600
Chapters 4723. and 4731. of the Revised Code. 5,601
Sec. 4731.41. No person shall practice medicine or AND 5,611
surgery, or any of its branches, without a THE APPROPRIATE 5,613
certificate from the state medical board; no TO ENGAGE IN THE 5,614
PRACTICE. NO person shall advertise or announce himself as CLAIM 5,615
TO THE PUBLIC TO BE a practitioner of medicine or AND surgery, or 5,616
any of its branches, without a certificate from the board; no. 5,617
NO person not being a licensee shall open or conduct an office or 5,618
other place for such practice without a certificate from the 5,619
board; no. NO person shall conduct an office in the name of some 5,620
person who has a certificate to practice medicine or AND surgery, 5,621
or any of its branches; and no. NO person shall practice 5,622
medicine or AND surgery, or any of its branches, after a THE 5,624
PERSON'S certificate has been revoked, or, if suspended, during 5,625
the time of such suspension. Any person licensed as a cosmetic 5,626
therapist and holding a certificate issued by the state medical 5,627
board pursuant to Chapter 4731. of the Revised Code may advertise 5,628
and offer the service of cosmetic therapy and conduct an office 5,629
for the practice thereof under such rules and regulations as may 5,630
be prescribed by the state medical board. Section 1701.03 of the 5,631
Revised Code is not applicable to the practice of cosmetic 5,632
therapy, except that no corporation shall be licensed to practice 5,633
cosmetic therapy.
A certificate signed by the secretary OF THE BOARD to which 5,635
is affixed the official seal of the board to the effect that it 5,636
appears from the records of the board that no such certificate to 5,637
125
practice medicine or AND surgery, or any of its branches, in the 5,638
THIS state has been issued to any such THE person specified 5,640
therein, or that a certificate TO PRACTICE, if issued, has been 5,641
revoked or suspended, shall be received as prima-facie evidence 5,642
of the record of such THE board in any court or before any 5,644
officer of the state.
Sec. 4731.61. The certificate of a podiatrist may be 5,653
revoked, limited, or suspended; the holder of a certificate may 5,655
be placed on probation or reprimanded; or an applicant may be 5,657
refused registration or reinstatement for violations of section 5,659
4731.22 or sections 4731.51 to 4731.60 of the Revised Code by a 5,661
AN AFFIRMATIVE vote of not less than six members of the state 5,662
medical board. 5,663
This section does not preclude the application to, or limit 5,665
the operation or effect upon, podiatrists of other sections of 5,667
Chapter 4731. of the Revised Code. 5,669
Sec. 4731.98. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 5,672
STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT
OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE 5,674
BOARD'S REPRESENTATIVE, AN EMPLOYEE OF THE BOARD, OR A PROVIDER 5,675
OF EDUCATIONAL AND ASSESSMENT SERVICES SELECTED BY THE BOARD FOR 5,676
THE QUALITY INTERVENTION PROGRAM SHALL NOT BE HELD LIABLE IN 5,677
DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, OMISSION, 5,678
PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL DUTIES 5,679
UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY SUCH 5,681
PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR 5,683
ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR 5,684
DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE 5,685
REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND 5,686
THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 5,687
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 5,688
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 5,689
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 5,690
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 5,691
126
DAMAGES.
Sec. 4731.99. (A) Whoever violates section 4731.41 or, 5,700
4731.43, OR 4731.60 of the Revised Code is guilty of a 5,701
misdemeanor FELONY of the first FIFTH degree on a first offense 5,703
and a felony of the fifth FOURTH degree on each subsequent 5,704
offense.
(B) Whoever violates section 4731.49, 4731.50, 4731.60, or 5,706
4731.81 of the Revised Code is guilty of a misdemeanor of the 5,707
fourth degree on a first offense and a misdemeanor of the first 5,708
degree on each subsequent offense. 5,709
(C) Whoever violates section 4731.46 or 4731.47 of the 5,711
Revised Code is guilty of a felony of the fifth degree. 5,712
(D) Whoever violates section 4731.48 of the Revised Code 5,714
is guilty of a misdemeanor of the fourth degree. 5,715
(E) Whoever violates division (A), (B), (C), or (D) of 5,717
section 4731.224 of the Revised Code is guilty of a minor 5,718
misdemeanor on a first offense and a misdemeanor of the fourth 5,719
degree on each subsequent offense, except that an individual 5,722
guilty of a subsequent offense shall not be subject to 5,723
imprisonment, but to a fine alone of up to one thousand dollars 5,724
for each offense.
Sec. 4773.01. As used in this chapter: 5,733
(A) "General x-ray machine operator" means an individual 5,735
who performs standard, diagnostic, radiologic procedures; whose 5,736
performance of radiologic procedures is limited to specific body 5,737
sites; and who does not, to any significant degree, determine the 5,738
site or dosage of radiation to which a patient is exposed. 5,739
(B) "Chiropractor" means an individual licensed under 5,741
Chapter 4734. of the Revised Code to practice chiropractic. 5,742
(C) "Ionizing radiation" means any electromagnetic or 5,744
particulate radiation that interacts with atoms to produce 5,745
ionization in matter, including x-rays, gamma rays, alpha and 5,746
beta particles, high speed electrons, neutrons, and other nuclear 5,747
particles. 5,748
127
(D) "Physician" means an individual who holds a 5,750
certificate issued under Chapter 4731. of the Revised Code 5,751
authorizing him THE INDIVIDUAL to practice medicine and surgery 5,752
or osteopathic medicine and surgery. 5,753
(E) "Podiatrist" means an individual who holds a 5,755
certificate issued under Chapter 4731. of the Revised Code 5,756
authorizing him THE INDIVIDUAL to practice podiatry. 5,757
(F) "Nuclear medicine technologist" means an individual 5,759
who prepares and administers radio-pharmaceuticals to human 5,760
beings and conducts in vivo or in vitro detection and measurement 5,761
of radioactivity for medical purposes. 5,762
(G) "Radiation therapy technologist" means an individual 5,764
who utilizes ionizing radiation-generating equipment for 5,765
therapeutic purposes on human subjects. 5,766
(H) "Radiographer" means an individual who performs a 5,768
comprehensive scope of diagnostic radiologic procedures employing 5,769
equipment that emits ionizing radiation, exposes radiographs, and 5,770
performs other procedures that contribute significantly to 5,771
determining the site or dosage of ionizing radiation to which a 5,772
patient is exposed. 5,773
(I) "Mechanotherapist" means an individual who holds a 5,775
certificate issued under section 4731.151 4731.15 of the Revised 5,777
Code authorizing him THE INDIVIDUAL to practice mechanotherapy. 5,778
Sec. 5123.61. (A) As used in this section: 5,787
(1) "Mentally retarded or developmentally disabled adult" 5,789
means a person who is eighteen years of age or older and is a 5,790
mentally retarded or developmentally disabled person. 5,791
(2) "Law enforcement agency" means the state highway 5,793
patrol, the police department of a municipal corporation, or a 5,794
county sheriff. 5,795
(B) The department of mental retardation and developmental 5,797
disabilities shall establish a registry office for the purpose of 5,798
maintaining reports of abuse and neglect made to the department 5,799
under this section and reports received from county boards of 5,800
128
mental retardation and developmental disabilities under section 5,801
5126.31 of the Revised Code. 5,802
(C)(1) Any person listed in division (C)(2) of this 5,804
section, having reason to believe that a mentally retarded or 5,805
developmentally disabled adult has suffered any wound, injury, 5,806
disability, or condition of such a nature as to reasonably 5,807
indicate abuse or neglect of that adult, shall immediately report 5,808
or cause reports to be made of such information to a law 5,809
enforcement agency or to the county board of mental retardation 5,810
and developmental disabilities, except that if the report 5,811
concerns a resident of a facility operated by the department of 5,812
mental retardation and developmental disabilities the report 5,813
shall be made either to a law enforcement agency or to the 5,814
department. 5,815
(2) All of the following persons are required to make a 5,817
report under division (C)(1) of this section: 5,818
(a) Any physician, including a hospital intern or 5,820
resident, any dentist, podiatrist, chiropractor, practitioner of 5,821
a limited branch of medicine or surgery as defined SPECIFIED in 5,823
section 4731.15 of the Revised Code, hospital administrator or 5,824
employee of a hospital, nurse licensed under Chapter 4723. of the 5,825
Revised Code, employee of an ambulatory health facility as 5,826
defined in section 5101.61 of the Revised Code, employee of a 5,827
home health agency, employee of an adult care facility licensed 5,828
under Chapter 3722. OF THE Revised Code, or employee of a 5,829
community mental health facility; 5,830
(b) Any school teacher or school authority, social worker, 5,832
psychologist, attorney, peace officer, coroner, clergyman, or 5,833
residents' rights advocate as defined in section 3721.10 of the 5,834
Revised Code; 5,835
(c) A superintendent, board member, or employee of a 5,837
county board of mental retardation and developmental 5,838
disabilities; an administrator, board member, or employee of a 5,839
residential facility licensed under section 5123.19 of the 5,840
129
Revised Code; or an administrator, board member, or employee of 5,841
any other public or private provider of services to a mentally 5,842
retarded or developmentally disabled adult; 5,843
(d) A member of a citizen's advisory council established 5,845
at an institution or branch institution of the department of 5,846
mental retardation and developmental disabilities under section 5,847
5123.092 of the Revised Code; 5,848
(e) A person who, while acting in an official or 5,850
professional capacity, renders spiritual treatment through prayer 5,852
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not 5,854
apply to members of the legal rights service commission or to 5,855
employees of the legal rights service. 5,856
(D) The reports required under division (C) of this 5,858
section shall be made forthwith by telephone or in person and 5,859
shall be followed by a written report. The reports shall contain 5,860
the following: 5,861
(1) The names and addresses of the mentally retarded or 5,863
developmentally disabled adult and the adult's custodian, if 5,864
known;
(2) The mentally retarded or developmentally disabled 5,866
adult's age and the nature and extent of the adult's injuries or 5,867
physical neglect, including any evidence of previous injuries or 5,868
physical neglect; 5,869
(3) Any other information which might be helpful in 5,871
establishing the cause of the injury, abuse, or physical neglect. 5,872
(E) When a physician performing services as a member of 5,874
the staff of a hospital or similar institution has reason to 5,875
believe that a mentally retarded or developmentally disabled 5,876
adult has suffered injury, abuse, or physical neglect, the 5,877
physician shall notify the person in charge of the institution or 5,878
that person's designated delegate, who shall make the necessary 5,879
reports.
(F) Any person having reasonable cause to believe that a 5,881
130
mentally retarded or developmentally disabled adult has suffered 5,882
abuse or neglect may report the belief, or cause a report to be 5,883
made, to a law enforcement agency or the county board of mental 5,884
retardation and developmental disabilities, or, if the adult is a 5,885
resident of a facility operated by the department of mental 5,886
retardation and developmental disabilities, to a law enforcement 5,887
agency or to the department. 5,888
(G)(1) Upon the receipt of a report concerning the 5,890
possible nonaccidental infliction of a physical injury upon a 5,891
mentally retarded or developmentally disabled adult, the law 5,892
enforcement agency shall inform the county board of mental 5,893
retardation and developmental disabilities or, if the adult is a 5,894
resident of a facility operated by the department of mental 5,895
retardation and developmental disabilities, the director of the 5,896
department or the director's designee. 5,897
(2) On receipt of a report under this section, the 5,899
department of mental retardation and developmental disabilities 5,900
shall notify the law enforcement agency. 5,901
(3) When a county board of mental retardation and 5,903
developmental disabilities receives a report under this section, 5,904
the superintendent of the board or an individual the 5,905
superintendent designates under division (H) of this section 5,907
shall notify the law enforcement agency and the department of 5,908
mental retardation and developmental disabilities. 5,909
(H) The superintendent of the board may designate an 5,911
individual to be responsible for notifying the law enforcement 5,912
agency and the department when the county board receives a report 5,913
under this section. 5,914
(I) A mentally retarded or developmentally disabled adult 5,916
about whom a report is made may be removed from the adult's place 5,917
of residence only by law enforcement officers who consider that 5,918
the adult's immediate removal is essential to protect the adult 5,919
from further injury or abuse or in accordance with the order of a 5,920
court made pursuant to section 5126.33 of the Revised Code. 5,921
131
(J) A law enforcement agency shall investigate each report 5,923
of abuse or neglect made under this section. In addition, the 5,924
department, in cooperation with law enforcement officials, shall 5,925
investigate each report regarding a resident of a facility 5,926
operated by the department to determine the circumstances 5,927
surrounding the injury, the cause of the injury, and the person 5,928
responsible. The department shall determine, with the registry 5,929
office which shall be maintained by the department, whether prior 5,930
reports have been made concerning the mentally retarded or 5,931
developmentally disabled adult or other principals in the case. 5,932
The department shall submit a report of its investigation, in 5,933
writing, to the law enforcement agency, and with the consent of 5,934
the adult, shall provide such protective services as are 5,935
necessary to protect the adult. The law enforcement agency shall 5,936
make a written report of its findings to the department. 5,937
If the adult is not a resident of a facility operated by 5,939
the department, the county board of mental retardation and 5,940
developmental disabilities shall review the report of abuse or 5,941
neglect in accordance with sections 5126.30 to 5126.33 of the 5,942
Revised Code and the law enforcement agency shall make the 5,943
written report of its findings to the county board. 5,944
(K) Any person or any hospital, institution, school, 5,946
health department, or agency participating in the making of 5,947
reports pursuant to this section, any person participating as a 5,948
witness in an administrative or judicial proceeding resulting 5,949
from the reports, or any person or governmental entity that 5,950
discharges responsibilities under sections 5126.31 to 5126.33 of 5,951
the Revised Code shall be immune from any civil or criminal 5,952
liability that might otherwise be incurred or imposed as a result 5,953
of such actions except liability for perjury, unless the person 5,954
or governmental entity has acted in bad faith or with malicious 5,955
purpose. 5,956
(L) No employer or any person with the authority to do so 5,958
shall discharge, demote, transfer, prepare a negative work 5,959
132
performance evaluation, reduce pay or benefits, terminate work 5,960
privileges, or take any other action detrimental to an employee 5,961
or retaliate against an employee as a result of the employee's 5,962
having made a report under this section. This division does not 5,963
preclude an employer or person with authority from taking action 5,964
with regard to an employee who has made a report under this 5,965
section if there is another reasonable basis for the action. 5,966
(M) Reports made under this section are not public records 5,968
as defined in section 149.43 of the Revised Code. Information 5,969
contained in the reports on request shall be made available to 5,970
the adult who is the subject of the report, to the adult's legal 5,971
counsel, and to agencies authorized to receive information in the 5,973
report by the department or by a county board of mental 5,974
retardation and developmental disabilities. 5,975
(N) Notwithstanding section 4731.22 of the Revised Code, 5,977
the physician-patient privilege shall not be a ground for 5,978
excluding evidence regarding a mentally retarded or 5,979
developmentally disabled adult's injuries or physical neglect or 5,980
the cause thereof in any judicial proceeding resulting from a 5,981
report submitted pursuant to this section. 5,982
Section 2. That existing sections 119.12, 121.22, 503.41, 5,984
1785.01, 2151.421, 2317.02, 2925.01, 3719.121, 4713.01, 4713.12, 5,986
4713.14, 4730.12, 4730.25, 4730.26, 4730.27, 4730.31, 4730.32, 5,987
4730.34, 4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 4731.16, 5,988
4731.17, 4731.18, 4731.19, 4731.20, 4731.22, 4731.221, 4731.222, 5,989
4731.223, 4731.224, 4731.225, 4731.25, 4731.281, 4731.29, 5,990
4731.291, 4731.341, 4731.41, 4731.61, 4731.99, 4773.01, and 5,991
5123.61 of the Revised Code are hereby repealed. 5,992
Section 3. Section 2151.421 of the Revised Code is 5,994
presented in this act as a composite of the section as amended by 5,995
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 5,996
Assembly, with the new language of neither of the acts shown in 5,998
capital letters. Section 2317.02 of the Revised Code is 5,999
presented in this act as a composite of the section as amended by 6,000
133
both Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General 6,001
Assembly, with the new language of neither of the acts shown in 6,003
capital letters. Section 2925.01 of the Revised Code is 6,004
presented in this act as a composite of the section as amended by 6,005
Sub. H.B. 125, Am. Sub. S.B. 143, Sub. S.B. 223, and Am. Sub. 6,006
S.B. 269 of the 121st General Assembly, with the new language of 6,007
none of the acts shown in capital letters. This is in 6,009
recognition of the principle stated in division (B) of section 6,010
1.52 of the Revised Code that such amendments are to be 6,011
harmonized where not substantively irreconcilable and constitutes 6,012
a legislative finding that such is the resulting version in 6,013
effect prior to the effective date of this act. 6,014