As Passed by the House                        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-TAVARES-      9            

     VESPER-ALLEN-CATES-REID-SALERNO-VERICH-WILSON-COLONNA-        10           

     SCHULER-ROMAN-PADGETT-BRITTON-MALLORY-HOUSEHOLDER-MASON       11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 119.12, 121.22, 503.41, 1785.01,    14           

                2151.421, 2317.02, 2925.01, 3719.121, 4713.01,     16           

                4713.12, 4713.14, 4730.12, 4730.25,  4730.26,      17           

                4730.27, 4730.31, 4730.32, 4730.34, 4731.08,       19           

                4731.13, 4731.142, 4731.15, 4731.151,  4731.16 to  20           

                4731.20, 4731.22, 4731.221, 4731.222, 4731.223,    21           

                4731.224,  4731.225, 4731.25, 4731.281, 4731.29,   22           

                4731.291, 4731.341, 4731.41, 4731.61, 4731.99,     24           

                4773.01, and 5123.61 and to  enact section         25           

                4731.98 of the Revised Code to make revisions in   26           

                the disciplinary  procedures used by the State     28           

                Medical Board and to make other  changes           29           

                regarding the Board's licensing and enforcement    31           

                duties.                                            32           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        34           

      Section 1.  That sections 119.12, 121.22, 503.41, 1785.01,   36           

2151.421, 2317.02, 2925.01, 3719.121, 4713.01, 4713.12, 4713.14,   38           

4730.12, 4730.25, 4730.26, 4730.27, 4730.31, 4730.32, 4730.34,     39           

4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 4731.16, 4731.17,   40           

4731.18, 4731.19, 4731.20, 4731.22, 4731.221, 4731.222, 4731.223,  41           

4731.224, 4731.225, 4731.25, 4731.281, 4731.29, 4731.291,          42           

4731.341, 4731.41, 4731.61, 4731.99, 4773.01, and 5123.61 be       43           

amended and section 4731.98 of the Revised Code be enacted to      44           

                                                          2      

                                                                 
read as follows:                                                                

      Sec. 119.12.  Any party adversely affected by any order of   53           

an agency issued pursuant to an adjudication denying an applicant  54           

admission to an examination, or denying the issuance or renewal    55           

of a license or registration of a licensee, or revoking or         56           

suspending a license, or allowing the payment of a forfeiture      57           

under section 4301.252 of the Revised Code, may appeal from the    58           

order of the agency to the court of common pleas of the county in  59           

which the place of business of the licensee is located or the      60           

county in which the licensee is a resident, provided that appeals  61           

from decisions of the liquor control commission may be to the      62           

court of common pleas of Franklin county and appeals from          63           

decisions of the state medical board, chiropractic examining       64           

board, and board of nursing shall be to the court of common pleas  65           

of Franklin county.  If any such party is not a resident of and    66           

has no place of business in this state, he THE PARTY may appeal    67           

to the court of common pleas of Franklin county.                   69           

      Any party adversely affected by any order of an agency       71           

issued pursuant to any other adjudication may appeal to the court  72           

of common pleas of Franklin county, except that appeals from       73           

orders of the fire marshal issued under Chapter 3737. of the       74           

Revised Code may be to the court of common pleas of the county in  75           

which the building of the aggrieved person is located.             76           

      This section does not apply to appeals from the department   78           

of taxation.                                                       79           

      Any party desiring to appeal shall file a notice of appeal   81           

with the agency setting forth the order appealed from and the      82           

grounds of his THE PARTY'S appeal.  A copy of such notice of       83           

appeal shall also be filed by the appellant with the court.        85           

Unless otherwise provided by law relating to a particular agency,  86           

such notices of appeal shall be filed within fifteen days after    87           

the mailing of the notice of the agency's order as provided in     88           

this section. For purposes of this paragraph, an order includes a  89           

determination appealed pursuant to division (C) of section         90           

                                                          3      

                                                                 
119.092 of the Revised Code.                                       91           

      The filing of a notice of appeal shall not automatically     93           

operate as a suspension of the order of an agency.  If it appears  94           

to the court that an unusual hardship to the appellant will        95           

result from the execution of the agency's order pending            96           

determination of the appeal, the court may grant a suspension and  97           

fix its terms.  If an appeal is taken from the judgment of the     98           

court and the court has previously granted a suspension of the     99           

agency's order as provided in this section, such suspension of     100          

the agency's order shall not be vacated and shall be given full    101          

force and effect until the matter is finally adjudicated.  No      102          

renewal of a license or permit shall be denied by reason of such   103          

suspended order during the period of the appeal from the decision  104          

of the court of common pleas.  In the case of an appeal from the   105          

state medical board or chiropractic examining board, the court     106          

may grant a suspension and fix its terms if it appears to the      107          

court that an unusual hardship to the appellant will result from   108          

the execution of the agency's order pending determination of the   109          

appeal and the health, safety, and welfare of the public will not  110          

be threatened by suspension of the order.  This provision shall    111          

not be construed to limit the factors the court may consider in    112          

determining whether to suspend an order of any other agency        113          

pending determination of an appeal.                                114          

      The final order of adjudication may apply to any renewal of  116          

a license or permit which has been granted during the period of    117          

the appeal.                                                        118          

      Notwithstanding any other provision of this section, any     120          

order issued by a court of common pleas suspending the effect of   121          

an order of the liquor control commission that suspends or         122          

revokes a permit issued under Chapter 4303. of the Revised Code,   123          

or that allows the payment of a forfeiture under section 4301.252  124          

of the Revised Code, shall terminate not more than fifteen months  125          

after the date of the filing of a notice of appeal in the court    126          

of common pleas, even if the matter has not been finally           127          

                                                          4      

                                                                 
adjudicated within that time.                                      128          

      Notwithstanding any other provision of this section, any     130          

order issued by a court of common pleas suspending the effect of   131          

an order of the state medical board or chiropractic examining      132          

board that limits, revokes, suspends, places on probation, or      133          

refuses to register or reinstate a certificate issued by the       134          

board or reprimands the holder of such a certificate shall         135          

terminate not more than fifteen months after the date of the       136          

filing of a notice of appeal in the court of common pleas, or      137          

upon the rendering of a final decision or order in the appeal by   138          

the court of common pleas, whichever occurs first.                 139          

      Within thirty days after receipt of a notice of appeal from  141          

an order in any case in which a hearing is required by sections    142          

119.01 to 119.13 of the Revised Code, the agency shall prepare     143          

and certify to the court a complete record of the proceedings in   144          

the case.  Failure of the agency to comply within the time         145          

allowed, upon motion, shall cause the court to enter a finding in  146          

favor of the party adversely affected.  Additional time, however,  147          

may be granted by the court, not to exceed thirty days, when it    148          

is shown that the agency has made substantial effort to comply.    149          

Such record shall be prepared and transcribed and the expense of   150          

it shall be taxed as a part of the costs on the appeal.  The       151          

appellant shall provide security for costs satisfactory to the     152          

court of common pleas.  Upon demand by any interested party, the   153          

agency shall furnish at the cost of the party requesting it a      154          

copy of the stenographic report of testimony offered and evidence  155          

submitted at any hearing and a copy of the complete record.        156          

      Notwithstanding any other provision of this section, any     158          

party desiring to appeal an order or decision of the state         159          

personnel board of review shall, at the time of filing a notice    160          

of appeal with the board, provide a security deposit in an amount  161          

and manner prescribed in rules that the board shall adopt in       162          

accordance with this chapter.  In addition, the board is not       163          

required to prepare or transcribe the record of any of its         164          

                                                          5      

                                                                 
proceedings unless the appellant has provided the deposit          165          

described above.  The failure of the board to prepare or           166          

transcribe a record for an appellant who has not provided a        167          

security deposit shall not cause a court to enter a finding        168          

adverse to the board.                                              169          

      Unless otherwise provided by law, in the hearing of the      171          

appeal, the court is confined to the record as certified to it by  172          

the agency.  Unless otherwise provided by law, the court may       173          

grant a request for the admission of additional evidence when      174          

satisfied that such additional evidence is newly discovered and    175          

could not with reasonable diligence have been ascertained prior    176          

to the hearing before the agency.                                  177          

      The court shall conduct a hearing on such appeal and shall   179          

give preference to all proceedings under sections 119.01 to        180          

119.13 of the Revised Code, over all other civil cases,            181          

irrespective of the position of the proceedings on the calendar    182          

of the court.  An appeal from an order of the state medical board  183          

issued pursuant to division (D)(G) of EITHER section 4730.25 OR    185          

4731.22 of the Revised Code or the chiropractic examining board    186          

issued pursuant to section 4734.101 of the Revised Code shall be   187          

set down for hearing at the earliest possible time and takes       188          

precedence over all other actions.  The hearing in the court of    189          

common pleas shall proceed as in the trial of a civil action, and  190          

the court shall determine the rights of the parties in accordance  191          

with the laws applicable to such action.  At such hearing,         192          

counsel may be heard on oral argument, briefs may be submitted,    193          

and evidence introduced if the court has granted a request for     194          

the presentation of additional evidence.                           195          

      The court may affirm the order of the agency complained of   197          

in the appeal if it finds, upon consideration of the entire        198          

record and such additional evidence as the court has admitted,     199          

that the order is supported by reliable, probative, and            200          

substantial evidence and is in accordance with law.  In the        201          

absence of such a finding, it may reverse, vacate, or modify the   202          

                                                          6      

                                                                 
order or make such other ruling as is supported by reliable,       203          

probative, and substantial evidence and is in accordance with      204          

law.  The court shall award compensation for fees in accordance    205          

with section 2335.39 of the Revised Code to a prevailing party,    206          

other than an agency, in an appeal filed pursuant to this          207          

section.                                                           208          

      The judgment of the court shall be final and conclusive      210          

unless reversed, vacated, or modified on appeal.  Such appeals     211          

may be taken either by the party or the agency, shall proceed as   212          

in the case of appeals in civil actions, and shall be pursuant to  213          

the Rules of Appellate Procedure and, to the extent not in         214          

conflict with those rules, Chapter 2505. of the Revised Code.      215          

Such appeal by the agency shall be taken on questions of law       216          

relating to the constitutionality, construction, or                217          

interpretation of statutes and rules of the agency, and in such    218          

appeal the court may also review and determine the correctness of  219          

the judgment of the court of common pleas that the order of the    220          

agency is not supported by any reliable, probative, and            221          

substantial evidence in the entire record.                         222          

      The court shall certify its judgment to such agency or take  224          

such other action necessary to give its judgment effect.           225          

      Sec. 121.22.  (A)  This section shall be liberally           234          

construed to require public officials to take official action and  235          

to conduct all deliberations upon official business only in open   236          

meetings unless the subject matter is specifically excepted by     237          

law.                                                               238          

      (B)  As used in this section:                                240          

      (1)  "Public body" means any of the following:               242          

      (a)  Any board, commission, committee, council, or similar   244          

decision-making body of a state agency, institution, or            245          

authority, and any legislative authority or board, commission,     246          

committee, council, agency, authority, or similar decision-making  248          

body of any county, township, municipal corporation, school        249          

district, or other political subdivision or local public           250          

                                                          7      

                                                                 
institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    252          

division (B)(1)(a) of this section;                                253          

      (c)  A court of jurisdiction of a sanitary district          255          

organized wholly for the purpose of providing a water supply for   256          

domestic, municipal, and public use when meeting for the purpose   258          

of the appointment, removal, or reappointment of a member of the   259          

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        260          

related to such a district other than litigation involving the     261          

district.  As used in division (B)(1)(c) of this section, "court   262          

of jurisdiction" has the same meaning as "court" in section        263          

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       265          

public business of the public body by a majority of its members.   266          

      (3)  "Regulated individual" means either of the following:   268          

      (a)  A student in a state or local public educational        270          

institution;                                                       271          

      (b)  A person who is, voluntarily or involuntarily, an       273          

inmate, patient, or resident of a state or local institution       274          

because of criminal behavior, mental illness or retardation,       275          

disease, disability, age, or other condition requiring custodial   276          

care.                                                              277          

      (C)  All meetings of any public body are declared to be      279          

public meetings open to the public at all times.  A member of a    280          

public body shall be present in person at a meeting open to the    282          

public to be considered present or to vote at the meeting and for  283          

purposes of determining whether a quorum is present at the         284          

meeting.                                                           285          

      The minutes of a regular or special meeting of any public    288          

body shall be promptly prepared, filed, and maintained and shall   289          

be open to public inspection.  The minutes need only reflect the   290          

general subject matter of discussions in executive sessions        291          

authorized under division (G) or (J) of this section.                           

                                                          8      

                                                                 
      (D)  This section does not apply to a grand jury, to an      293          

audit conference conducted by the auditor of state or independent  294          

certified public accountants with officials of the public office   295          

that is the subject of the audit, to the adult parole authority    296          

when its hearings are conducted at a correctional institution for  297          

the sole purpose of interviewing inmates to determine parole or    298          

pardon, to the organized crime investigations commission           299          

established under section 177.01 of the Revised Code, to the       300          

state medical board when determining whether to suspend a          301          

certificate without a prior hearing pursuant to division (D)(G)    303          

of EITHER section 4730.25 OR 4731.22 of the Revised Code, to the   305          

board of nursing when determining whether to suspend a license     306          

without a prior hearing pursuant to division (B) of section        307          

4723.181 of the Revised Code, or to the executive committee of     308          

the emergency response commission when determining whether to      309          

issue an enforcement order or request that a civil action, civil   310          

penalty action, or criminal action be brought to enforce Chapter   311          

3750. of the Revised Code.                                                      

      (E)  The controlling board, the development financing        313          

advisory council, the industrial technology and enterprise         314          

advisory council, the tax credit authority, or the minority        316          

development financing advisory board, when meeting to consider     317          

granting assistance pursuant to Chapter 122. or 166. of the        318          

Revised Code, in order to protect the interest of the applicant    319          

or the possible investment of public funds, by unanimous vote of   320          

all board, council, or authority members present, may close the    322          

meeting during consideration of the following information          324          

confidentially received by the authority, council, or board from   325          

the applicant:                                                     327          

      (1)  Marketing plans;                                        329          

      (2)  Specific business strategy;                             331          

      (3)  Production techniques and trade secrets;                333          

      (4)  Financial projections;                                  335          

      (5)  Personal financial statements of the applicant or       337          

                                                          9      

                                                                 
members of the applicant's immediate family, including, but not    338          

limited to, tax records or other similar information not open to   340          

public inspection.                                                 341          

      The vote by the authority, council, or board to accept or    345          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   348          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           350          

reasonable method whereby any person may determine the time and    351          

place of all regularly scheduled meetings and the time, place,     352          

and purpose of all special meetings.  A public body shall not      353          

hold a special meeting unless it gives at least twenty-four        354          

hours' advance notice to the news media that have requested        355          

notification, except in the event of an emergency requiring        356          

immediate official action.  In the event of an emergency, the      357          

member or members calling the meeting shall notify the news media  358          

that have requested notification immediately of the time, place,   359          

and purpose of the meeting.                                        360          

      The rule shall provide that any person, upon request and     363          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  364          

business is to be discussed.  Provisions for advance notification  365          

may include, but are not limited to, mailing the agenda of         366          

meetings to all subscribers on a mailing list or mailing notices   367          

in self-addressed, stamped envelopes provided by the person.       368          

      (G)  Except as provided in division (J) of this section,     371          

the members of a public body may hold an executive session only    372          

after a majority of a quorum of the public body determines, by a   373          

roll call vote, to hold an executive session and only at a         375          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     376          

      (1)  To consider the appointment, employment, dismissal,     378          

discipline, promotion, demotion, or compensation of a public       379          

employee or official, or the investigation of charges or           380          

                                                          10     

                                                                 
complaints against a public employee, official, licensee, or       381          

regulated individual, unless the public employee, official,        382          

licensee, or regulated individual requests a public hearing.       383          

Except as otherwise provided by law, no public body shall hold an  384          

executive session for the discipline of an elected official for    385          

conduct related to the performance of the elected official's       386          

official duties or for the elected official's removal from         388          

office.  If a public body holds an executive session pursuant to   390          

division (G)(1) of this section, the motion and vote to hold that  391          

executive session shall state which one or more of the approved    392          

purposes listed in division (G)(1) of this section are the         393          

purposes for which the executive session is to be held, but need   394          

not include the name of any person to be considered at the         395          

meeting.                                                                        

      (2)  To consider the purchase of property for public         397          

purposes, or for the sale of property at competitive bidding, if   398          

premature disclosure of information would give an unfair           399          

competitive or bargaining advantage to a person whose personal,    400          

private interest is adverse to the general public interest.  No    401          

member of a public body shall use division (G)(2) of this section  403          

as a subterfuge for providing covert information to prospective    405          

buyers or sellers.  A purchase or sale of public property is void  406          

if the seller or buyer of the public property has received covert  407          

information from a member of a public body that has not been       408          

disclosed to the general public in sufficient time for other       409          

prospective buyers and sellers to prepare and submit offers.       410          

      If the minutes of the public body show that all meetings     412          

and deliberations of the public body have been conducted in        413          

compliance with this section, any instrument executed by the       414          

public body purporting to convey, lease, or otherwise dispose of   415          

any right, title, or interest in any public property shall be      416          

conclusively presumed to have been executed in compliance with     417          

this section insofar as title or other interest of any bona fide   418          

purchasers, lessees, or transferees of the property is concerned.  419          

                                                          11     

                                                                 
      (3)  Conferences with an attorney for the public body        421          

concerning disputes involving the public body that are the         422          

subject of pending or imminent court action;                       423          

      (4)  Preparing for, conducting, or reviewing negotiations    425          

or bargaining sessions with public employees concerning their      426          

compensation or other terms and conditions of their employment;    427          

      (5)  Matters required to be kept confidential by federal     429          

law or regulations or state statutes;                              430          

      (6)  Specialized details of security arrangements if         432          

disclosure of the matters discussed might reveal information that  433          

could be used for the purpose of committing, or avoiding           434          

prosecution for, a violation of the law.                           435          

      If a public body holds an executive session to consider any  437          

of the matters listed in divisions (G)(2) to (6) of this section,  438          

the motion and vote to hold that executive session shall state     439          

which one or more of the approved matters listed in those          440          

divisions are to be considered at the executive session.           441          

      A public body specified in division (B)(1)(c) of this        444          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               445          

      (H)  A resolution, rule, or formal action of any kind is     447          

invalid unless adopted in an open meeting of the public body.  A   448          

resolution, rule, or formal action adopted in an open meeting      449          

that results from deliberations in a meeting not open to the       450          

public is invalid unless the deliberations were for a purpose      451          

specifically authorized in division (G) or (J) of this section     452          

and conducted at an executive session held in compliance with      453          

this section.  A resolution, rule, or formal action adopted in an  454          

open meeting is invalid if the public body that adopted the        455          

resolution, rule, or formal action violated division (F) of this   456          

section.                                                           457          

      (I)(1)  Any person may bring an action to enforce this       459          

section.  An action under division (I)(1) of this section shall    461          

be brought within two years after the date of the alleged          462          

                                                          12     

                                                                 
violation or threatened violation.  Upon proof of a violation or   463          

threatened violation of this section in an action brought by any   464          

person, the court of common pleas shall issue an injunction to     465          

compel the members of the public body to comply with its           466          

provisions.                                                        467          

      (2)(a)  If the court of common pleas issues an injunction    469          

pursuant to division (I)(1) of this section, the court shall       470          

order the public body that it enjoins to pay a civil forfeiture    471          

of five hundred dollars to the party that sought the injunction    472          

and shall award to that party all court costs and, subject to      473          

reduction as described in division (I)(2) of this section,         475          

reasonable attorney's fees.  The court, in its discretion, may     476          

reduce an award of attorney's fees to the party that sought the    477          

injunction or not award attorney's fees to that party if the       478          

court determines both of the following:                            479          

      (i)  That, based on the ordinary application of statutory    481          

law and case law as it existed at the time of violation or         482          

threatened violation that was the basis of the injunction, a       483          

well-informed public body reasonably would believe that the        484          

public body was not violating or threatening to violate this       485          

section;                                                           486          

      (ii)  That a well-informed public body reasonably would      488          

believe that the conduct or threatened conduct that was the basis  489          

of the injunction would serve the public policy that underlies     490          

the authority that is asserted as permitting that conduct or       491          

threatened conduct.                                                492          

      (b)  If the court of common pleas does not issue an          494          

injunction pursuant to division (I)(1) of this section and the     495          

court determines at that time that the bringing of the action was  496          

frivolous conduct, as defined in division (A) of section 2323.51   497          

of the Revised Code, the court shall award to the public body all  498          

court costs and reasonable attorney's fees, as determined by the   499          

court.                                                             500          

      (3)  Irreparable harm and prejudice to the party that        502          

                                                          13     

                                                                 
sought the injunction shall be conclusively and irrebuttably       503          

presumed upon proof of a violation or threatened violation of      504          

this section.                                                      505          

      (4)  A member of a public body who knowingly violates an     507          

injunction issued pursuant to division (I)(1) of this section may  508          

be removed from office by an action brought in the court of        509          

common pleas for that purpose by the prosecuting attorney or the   510          

attorney general.                                                  511          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   513          

Revised Code, a veterans service commission shall hold an          514          

executive session for one or more of the following purposes        515          

unless an applicant requests a public hearing:                     516          

      (a)  Interviewing an applicant for financial assistance      518          

under sections 5901.01 to 5901.15 of the Revised Code;             519          

      (b)  Discussing applications, statements, and other          521          

documents described in division (B) of section 5901.09 of the      522          

Revised Code;                                                      523          

      (c)  Reviewing matters relating to an applicant's request    525          

for financial assistance under sections 5901.01 to 5901.15 of the  526          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      528          

applicant for, recipient of, or former recipient of financial      529          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  530          

and shall not exclude representatives selected by the applicant,   532          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   533          

applicant's, recipient's, or former recipient's application for    534          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   536          

or denial of financial assistance under sections 5901.01 to        537          

5901.15 of the Revised Code only in an open meeting of the         539          

commission.  The minutes of the meeting shall indicate the name,   540          

address, and occupation of the applicant, whether the assistance   541          

was granted or denied, the amount of the assistance if assistance  542          

                                                          14     

                                                                 
is granted, and the votes for and against the granting of          543          

assistance.                                                                     

      Sec. 503.41.  (A)  A board of township trustees, by          552          

resolution, may regulate and require the registration of massage   553          

establishments and their employees within the unincorporated       554          

territory of the township.  In accordance with sections 503.40 to  555          

503.49 of the Revised Code, for that purpose, the board, by a      556          

majority vote of all members, may adopt, amend, administer, and    557          

enforce regulations within the unincorporated territory of the     558          

township.                                                          559          

      (B)  A board may adopt regulations and amendments under      561          

this section only after public hearing at not fewer than two       562          

regular sessions of the board.  The board shall cause to be        563          

published in at least one newspaper of general circulation in the  564          

township notice of the public hearings, including the time, date,  565          

and place, once a week for two weeks immediately preceding the     566          

hearings.  The board shall make available proposed regulations or  567          

amendments to the public at the office of the board.               568          

      (C)  Regulations or amendments adopted by the board are      570          

effective thirty days after the date of adoption unless, within    571          

thirty days after the adoption of the regulations or amendments,   572          

the township clerk receives a petition, signed by a number of      573          

qualified electors residing in the unincorporated area of the      574          

township equal to not less than ten per cent of the total vote     575          

cast for all candidates for governor in the area at the most       576          

recent general election at which a governor was elected,           578          

requesting the board to submit the regulations or amendments to    579          

the electors of the area for approval or rejection at the next     580          

primary or general election occurring at least seventy-five days   581          

after the board receives the petition.                             582          

      No regulation or amendment for which the referendum vote     584          

has been requested is effective unless a majority of the vote      585          

cast on the issue is in favor of the regulation or amendment.      586          

Upon certification by the board of elections that a majority of    587          

                                                          15     

                                                                 
the votes cast on the issue was in favor of the regulation or      588          

amendment, the regulation or amendment takes immediate effect.     589          

      (D)  The board shall make available regulations it adopts    591          

or amends to the public at the office of the board and shall       592          

cause to be published a notice of the availability of the          593          

regulations in at least one newspaper of general circulation in    594          

the township within ten days after their adoption or amendment.    595          

      (E)  Nothing in sections 503.40 to 503.49 of the Revised     597          

Code shall be construed to allow a board of township trustees to   598          

regulate the practice of any limited branch of medicine or         599          

surgery in accordance with sections SPECIFIED IN SECTION 4731.15   600          

and 4731.16 of the Revised Code or the practice of providing       602          

therapeutic massage by a licensed physician, a licensed            603          

chiropractor, a licensed podiatrist, a licensed nurse, or any      604          

other licensed health professional.  As used in this division,     605          

"licensed" means licensed, certified, or registered to practice    606          

in this state.                                                                  

      Sec. 1785.01.  As used in this chapter:                      615          

      (A)  "Professional service" means any type of professional   617          

service that may be performed only pursuant to a license,          618          

certificate, or other legal authorization issued pursuant to       620          

Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730.,    621          

4731., 4732., 4733., 4734., or 4741., sections 4755.01 to          623          

4755.12, or 4755.40 to 4755.56 of the Revised Code to certified    624          

public accountants, licensed public accountants, architects,       625          

attorneys, dentists, nurses, optometrists, pharmacists, PHYSICIAN  627          

ASSISTANTS, doctors of medicine and surgery, doctors of            628          

osteopathic medicine and surgery, doctors of podiatric medicine    629          

and surgery, practitioners of the limited branches of medicine or  631          

surgery specified in section 4731.15 of the Revised Code,          632          

psychologists, professional engineers, chiropractors,              633          

veterinarians, occupational therapists, and physical therapists.   634          

      (B)  "Professional association" means an association         636          

organized under this chapter for the sole purpose of rendering     637          

                                                          16     

                                                                 
one of the professional services authorized under Chapter 4701.,   638          

4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732.,     639          

4733., 4734., or 4741., sections 4755.01 to 4755.12, or 4755.40    641          

to 4755.56 of the Revised Code, a combination of the professional  643          

services authorized under Chapters 4703. and 4733. of the Revised  644          

Code, or a combination of the professional services of             646          

optometrists authorized under Chapter 4725. of the Revised Code,                

chiropractors authorized under Chapter 4734. of the Revised Code,  648          

psychologists authorized under Chapter 4732. of the Revised Code,  650          

registered or licensed practical nurses authorized under Chapter   652          

4723. of the Revised Code, pharmacists authorized under Chapter    653          

4729. of the Revised Code, physical therapists authorized under    654          

sections 4755.40 to 4755.53 of the Revised Code, and doctors of    655          

medicine and surgery, osteopathic medicine and surgery, or         656          

podiatric medicine and surgery authorized under Chapter 4731. of   657          

the Revised Code.                                                               

      Sec. 2151.421.  (A)(1)(a)  No person described listed in     667          

division (A)(1)(b) of this section who is acting in an official    669          

or professional capacity and knows or suspects that a child under  670          

eighteen years of age or a mentally retarded, developmentally      672          

disabled, or physically impaired child under twenty-one years of   673          

age has suffered or faces a threat of suffering any physical or    674          

mental wound, injury, disability, or condition of a nature that    675          

reasonably indicates abuse or neglect of the child, shall fail to  676          

immediately report that knowledge or suspicion to the public       677          

children services agency or a municipal or county peace officer    679          

in the county in which the child resides or in which the abuse or  680          

neglect is occurring or has occurred.                                           

      (b)  Division (A)(1)(a) of this section applies to any       684          

person who is an attorney; physician, including a hospital intern  685          

or resident; dentist; podiatrist; practitioner of a limited        686          

branch of medicine or surgery as defined SPECIFIED in section      687          

4731.15 of the Revised Code; registered nurse; licensed practical  690          

nurse; visiting nurse; other health care professional; licensed    691          

                                                          17     

                                                                 
psychologist; licensed school psychologist; speech pathologist or  692          

audiologist; coroner; administrator or employee of a child         693          

day-care center; administrator or employee of a certified child    694          

care agency or other public or private children services agency;   695          

school teacher; school employee; school authority; person engaged  696          

in social work or the practice of professional counseling; or a    697          

person rendering spiritual treatment through prayer in accordance  699          

with the tenets of a well-recognized religion.                                  

      (2)  An attorney or a physician is not required to make a    701          

report pursuant to division (A)(1) of this section concerning any  703          

communication the attorney or physician receives from a client or  706          

patient in an attorney-client or physician-patient relationship,   707          

if, in accordance with division (A) or (B) of section 2317.02 of   709          

the Revised Code, the attorney or physician could not testify      710          

with respect to that communication in a civil or criminal          711          

proceeding, except that the client or patient is deemed to have    712          

waived any testimonial privilege under division (A) or (B) of      714          

section 2317.02 of the Revised Code with respect to that           716          

communication and the attorney or physician shall make a report    718          

pursuant to division (A)(1) of this section with respect to that   719          

communication, if all of the following apply:                                   

      (a)  The client or patient, at the time of the               721          

communication, is either a child under eighteen years of age or a  722          

mentally retarded, developmentally disabled, or physically         724          

impaired person under twenty-one years of age.                     725          

      (b)  The attorney of OR physician knows or suspects, as a    727          

result of the communication or any observations made during that   729          

communication, that the client or patient has suffered or faces a  730          

threat of suffering any physical or mental wound, injury,          732          

disability, or condition of a nature that reasonably indicates     733          

abuse or neglect of the client or patient.                         734          

      (c)  The attorney-client or physician-patient relationship   736          

does not arise out of the client's or patient's attempt to have    738          

an abortion without the notification of her parents, guardian, or  740          

                                                          18     

                                                                 
custodian in accordance with section 2151.85 of the Revised Code.  741          

      (B)  Anyone, who knows or suspects that a child under        743          

eighteen years of age or a mentally retarded, developmentally      745          

disabled, or physically impaired person under twenty-one years of  746          

age has suffered or faces a threat of suffering any physical or    747          

mental wound, injury, disability, or other condition of a nature   748          

that reasonably indicates abuse or neglect of the child, may       749          

report or cause reports to be made of that knowledge or suspicion  750          

to the public children services agency or to a municipal or        752          

county peace officer.                                              753          

      (C)  Any report made pursuant to division (A) or (B) of      755          

this section shall be made forthwith either by telephone or in     756          

person and shall be followed by a written report, if requested by  758          

the receiving agency or officer.  The written report shall                      

contain:                                                           759          

      (1)  The names and addresses of the child and the child's    761          

parents or the person or persons having custody of the child, if   762          

known;                                                                          

      (2)  The child's age and the nature and extent of the        764          

child's known or suspected injuries, abuse, or neglect or of the   765          

known or suspected threat of injury, abuse, or neglect, including  766          

any evidence of previous injuries, abuse, or neglect;              767          

      (3)  Any other information that might be helpful in          769          

establishing the cause of the known or suspected injury, abuse,    770          

or neglect or of the known or suspected threat of injury, abuse,   771          

or neglect.                                                        772          

      Any person, who is required by division (A) of this section  774          

to report known or suspected child abuse or child neglect, may     775          

take or cause to be taken color photographs of areas of trauma     776          

visible on a child and, if medically indicated, cause to be        777          

performed radiological examinations of the child.                  778          

      (D)(1)  Upon the receipt of a report concerning the          780          

possible abuse or neglect of a child or the possible threat of     781          

abuse or neglect of a child, the municipal or county peace         782          

                                                          19     

                                                                 
officer who receives the report shall refer the report to the      783          

appropriate public children services agency.                       785          

      (2)  On receipt of a report pursuant to this division or     788          

division (A) or (B) of this section, the public children services  790          

agency shall comply with section 2151.422 of the Revised Code.     792          

      (E)  No township, municipal, or county peace officer shall   794          

remove a child about whom a report is made pursuant to this        795          

section from the child's parents, stepparents, or guardian or any  796          

other persons having custody of the child without consultation     797          

with the public children services agency, unless, in the judgment  800          

of the officer, and, if the report was made by physician, the      801          

physician, immediate removal is considered essential to protect    802          

the child from further abuse or neglect.  The agency that must be  805          

consulted shall be the agency conducting the investigation of the  806          

report as determined pursuant to section 2151.422 of the Revised   807          

Code.                                                              808          

      (F)(1)  Except as provided in section 2151.422 of the        811          

Revised Code, the public children services agency shall            813          

investigate, within twenty-four hours, each report of known or     815          

suspected child abuse or child neglect and of a known or           816          

suspected threat of child abuse or child neglect that is referred  817          

to it under this section to determine the circumstances            818          

surrounding the injuries, abuse, or neglect or the threat of       819          

injury, abuse, or neglect, the cause of the injuries, abuse,       820          

neglect, or threat, and the person or persons responsible.  The    821          

investigation shall be made in cooperation with the law                         

enforcement agency and in accordance with the memorandum of        822          

understanding prepared under division (J) of this section.  A      824          

failure to make the investigation in accordance with the           825          

memorandum is not grounds for, and shall not result in, the        827          

dismissal of any charges or complaint arising from the report or   828          

the suppression of any evidence obtained as a result of the        829          

report and does not give, and shall not be construed as giving,    830          

any rights or any grounds for appeal or post-conviction relief to  831          

                                                          20     

                                                                 
any person.  The public children services agency shall report      834          

each case to a central registry which the state department of      836          

human services shall maintain in order to determine whether prior  837          

reports have been made in other counties concerning the child or   838          

other principals in the case.  The public children services        839          

agency shall submit a report of its investigation, in writing to   841          

the law enforcement agency.                                                     

      (2)  The public children services agency shall make any      844          

recommendations to the county prosecuting attorney or city         846          

director of law that it considers necessary to protect any         847          

children that are brought to its attention.                        848          

      (G)(1)(a)  Except as provided in division (H)(3) of this     850          

section, anyone or any hospital, institution, school, health       851          

department, or agency participating in the making of reports       852          

under division (A) of this section, anyone or any hospital,        853          

institution, school, health department, or agency participating    854          

in good faith in the making of reports under division (B) of this  855          

section, and anyone participating in good faith in a judicial      856          

proceeding resulting from the reports, shall be immune from any    857          

civil or criminal liability for injury, death, or loss to person   858          

or property that otherwise might be incurred or imposed as a       859          

result of the making of the reports or the participation in the    860          

judicial proceeding.  Notwithstanding                              861          

      (b)  NOTWITHSTANDING section 4731.22 of the Revised Code,    864          

the physician-patient privilege shall not be a ground for          865          

excluding evidence regarding a child's injuries, abuse, or         866          

neglect, or the cause of the injuries, abuse, or neglect in any    867          

judicial proceeding resulting from a report submitted pursuant to  868          

this section.                                                                   

      (2)  In any civil or criminal action or proceeding in which  870          

it is alleged and proved that participation in the making of a     871          

report under this section was not in good faith or participation   872          

in a judicial proceeding resulting from a report made under this   873          

section was not in good faith, the court shall award the           874          

                                                          21     

                                                                 
prevailing party reasonable attorney's fees and costs and, if a    875          

civil action or proceeding is voluntarily dismissed, may award     876          

reasonable attorney's fees and costs to the party against whom     877          

the civil action or proceeding is brought.                         878          

      (H)(1)  Except as provided in divisions (H)(4), (M), and     881          

(N) of this section, a report made under this section is           882          

confidential.  The information provided in a report made pursuant  883          

to this section and the name of the person who made the report     884          

shall not be released for use, and shall not be used, as evidence  885          

in any civil action or proceeding brought against the person who   886          

made the report.  In a criminal proceeding, the report is          887          

admissible in evidence in accordance with the Rules of Evidence    888          

and is subject to discovery in accordance with the Rules of        889          

Criminal Procedure.                                                890          

      (2)  No person shall permit or encourage the unauthorized    892          

dissemination of the contents of any report made under this        893          

section.                                                           894          

      (3)  A person who knowingly makes or causes another person   896          

to make a false report under division (B) of this section that     897          

alleges that any person has committed an act or omission that      898          

resulted in a child being an abused child or a neglected child is  899          

guilty of a violation of section 2921.14 of the Revised Code.      900          

      (4)  A public children services agency shall advise a        903          

person alleged to have inflicted abuse or neglect on a child who   904          

is the subject of a report made pursuant to this section of the                 

disposition of the investigation.  The agency shall not provide    905          

to the person any information that identifies the person who made  907          

the report, statements of witnesses, or police or other                         

investigative reports.                                             908          

      (I)  Any report that is required by this section shall       910          

result in protective services and emergency supportive services    911          

being made available by the public children services agency on     913          

behalf of the children about whom the report is made, in an        915          

effort to prevent further neglect or abuse, to enhance their       916          

                                                          22     

                                                                 
welfare, and, whenever possible, to preserve the family unit       917          

intact.  The agency required to provide the services shall be the  919          

agency conducting the investigation of the report pursuant to      920          

section 2151.422 of the Revised Code.                              922          

      (J)(1)  Each public children services agency shall prepare   924          

a memorandum of understanding that is signed by all of the         926          

following:                                                                      

      (a)  If there is only one juvenile judge in the county, the  929          

juvenile judge of the county or the juvenile judge's               930          

representative;                                                                 

      (b)  If there is more than one juvenile judge in the         934          

county, a juvenile judge or the juvenile judges' representative    935          

selected by the juvenile judges or, if they are unable to do so    936          

for any reason, the juvenile judge who is senior in point of       937          

service or the senior juvenile judge's representative;             938          

      (c)  The county peace officer;                               941          

      (d)  All chief municipal peace officers within the county;   944          

      (e)  Other law enforcement officers handling child abuse     946          

and neglect cases in the county;                                   947          

      (f)  The prosecuting attorney of the county; public          950          

      (g)  If the public children services agency is not the       952          

county department of human services agency, the county department  954          

of human services.                                                 955          

      (2)  A memorandum of understanding shall set forth the       957          

normal operating procedure to be employed by all concerned         959          

officials in the execution of their respective responsibilities    960          

under this section and division (C) of section 2919.21, division   961          

(B)(1) of section 2919.22, division (B) of section 2919.23, and    962          

section 2919.24 of the Revised Code and shall have as two of its   963          

primary goals the elimination of all unnecessary interviews of     964          

children who are the subject of reports made pursuant to division  965          

(A) or (B) of this section and, when feasible, providing for only  966          

one interview of a child who is the subject of any report made     967          

pursuant to division (A) or (B) of this section.  A failure to     968          

                                                          23     

                                                                 
follow the procedure set forth in the memorandum by the concerned  970          

officials is not grounds for, and shall not result in, the         971          

dismissal of any charges or complaint arising from any reported    972          

case of abuse or neglect or the suppression of any evidence        973          

obtained as a result of any reported child abuse or child neglect  974          

and does not give, and shall not be construed as giving, any       975          

rights or any grounds for appeal or post-conviction relief to any  976          

person.                                                            977          

      (3)  A memorandum of understanding shall include all of the  979          

following:                                                         980          

      (a)  The roles and responsibilities for handling emergency   983          

and non-emergency cases of abuse and neglect;                      985          

      (b)  Standards and procedures to be used in handling and     987          

coordinating investigations of reported cases of child abuse and   988          

reported cases of child neglect, methods to be used in             989          

interviewing the child who is the subject of the report and who    990          

allegedly was abused or neglected, and standards and procedures    991          

addressing the categories of persons who may interview the child   992          

who is the subject of the report and who allegedly was abused or   993          

neglected.                                                         994          

      (K)(1)  Except as provided in division (K)(4) of this        997          

section, a person who is required to make a report pursuant to     998          

division (A) of this section may make a reasonable number of       999          

requests of the public children services agency that receives or   1,000        

is referred the report to be provided with the following           1,002        

information:                                                                    

      (a)  Whether the agency has initiated an investigation of    1,005        

the report;                                                                     

      (b)  Whether the agency is continuing to investigate the     1,008        

report;                                                                         

      (c)  Whether the agency is otherwise involved with the       1,012        

child who is the subject of the report;                                         

      (d)  The general status of the health and safety of the      1,014        

child who is the subject of the report;                            1,015        

                                                          24     

                                                                 
      (e)  Whether the report has resulted in the filing of a      1,017        

complaint in juvenile court or of criminal charges in another      1,018        

court.                                                             1,019        

      (2)  A person may request the information specified in       1,021        

division (K)(1) of this section only if, at the time the report    1,022        

is made, the person's name, address, and telephone number are      1,023        

provided to the person who receives the report.                                 

      When a municipal or county peace officer or employee of a    1,025        

public children services agency receives a report pursuant to      1,028        

division (A) or (B) of this section the recipient of the report    1,029        

shall inform the person of the right to request the information    1,031        

described in division (K)(1) of this section.  The recipient of                 

the report shall include in the initial child abuse or child       1,032        

neglect report that the person making the report was so informed   1,033        

and, if provided at the time of the making of the report, shall    1,034        

include the person's name, address, and telephone number in the    1,035        

report.                                                                         

      Each request is subject to verification of the identity of   1,037        

the person making the report.  If that person's identity is        1,040        

verified, the agency shall provide the person with the             1,042        

information described in division (K)(1) of this section a         1,043        

reasonable number of times, except that the agency shall not                    

disclose any confidential information regarding the child who is   1,045        

the subject of the report other than the information described in  1,046        

those divisions.                                                                

      (3)  A request made pursuant to division (K)(1) of this      1,048        

section is not a substitute for any report required to be made     1,049        

pursuant to division (A) of this section.                          1,050        

      (4)  If an agency other than the agency that received or     1,053        

was referred the report is conducting the investigation of the     1,054        

report pursuant to section 2151.422 of the Revised Code, the       1,056        

agency conducting the investigation shall comply with the          1,057        

requirements of division (K) OF THIS SECTION.                      1,058        

      (L)  The department of human services shall adopt rules in   1,060        

                                                          25     

                                                                 
accordance with Chapter 119. of the Revised Code to implement      1,063        

this section.  The department may enter into a plan of             1,065        

cooperation with any other governmental entity to aid in ensuring  1,066        

that children are protected from abuse and neglect.  The           1,067        

department shall make recommendations to the attorney general      1,068        

that the department determines are necessary to protect children   1,069        

from child abuse and child neglect.                                1,070        

      (M)  No later than the end of the day following the day on   1,073        

which a public children services agency receives a report of       1,074        

alleged child abuse or child neglect, or a report of an alleged    1,075        

threat of child abuse or child neglect, that allegedly occurred    1,076        

in or involved an out-of-home care entity, the agency shall        1,077        

provide written notice of the allegations contained in and the     1,079        

person named as the alleged perpetrator in the report to the       1,080        

administrator, director, or other chief administrative officer of  1,081        

the out-of-home care entity that is the subject of the report      1,082        

unless the administrator, director, or other chief administrative  1,083        

officer is named as an alleged perpetrator in the report.  If the  1,084        

administrator, director, or other chief administrative officer of  1,085        

an out-of-home care entity is named as an alleged perpetrator in   1,086        

a report of alleged child abuse or child neglect, or a report of   1,087        

an alleged threat of child abuse or child neglect, that allegedly  1,088        

occurred in or involved the out-of-home care entity, the agency    1,089        

shall provide the written notice to the owner or governing board   1,091        

of the out-of-home care entity that is the subject of the report.  1,092        

The agency shall not provide witness statements or police or       1,094        

other investigative reports.                                                    

      (N)  No later than three days after the day on which a       1,097        

public children services agency that conducted the investigation   1,098        

as determined pursuant to section 2151.422 of the Revised Code     1,099        

makes a disposition of an investigation involving a report of      1,100        

alleged child abuse or child neglect, or a report of an alleged    1,101        

threat of child abuse or child neglect, that allegedly occurred    1,102        

in or involved an out-of-home care entity, the agency shall send   1,105        

                                                          26     

                                                                 
written notice of the disposition of the investigation to the      1,106        

administrator, director, or other chief administrative officer     1,107        

and the owner or governing board of the out-of-home care entity.   1,108        

The agency shall not provide witness statements or police or       1,110        

other investigative reports.                                                    

      Sec. 2317.02.  The following persons shall not testify in    1,124        

certain respects:                                                  1,125        

      (A)  An attorney, concerning a communication made TO the     1,127        

attorney by the attorney's a client in that relation or the        1,128        

attorney's advice to the a client, except that the attorney may    1,130        

testify by express consent of the client or, if the client is      1,131        

deceased, by the express consent of the surviving spouse or the    1,132        

executor or administrator of the estate of the deceased client     1,133        

and except that, if the client voluntarily testifies or is deemed  1,134        

by section 2151.421 of the Revised Code to have waived any         1,135        

testimonial privilege under this division, the attorney may be     1,136        

compelled to testify on the same subject;                                       

      (B)(1)  A physician or a dentist concerning a communication  1,138        

made TO the physician or dentist by the physician's or dentist's   1,140        

a patient in that relation or the physician's or dentist's advice  1,141        

to the a patient, except as otherwise provided in this division,   1,142        

division (B)(2), and division (B)(3) of this section, and except   1,143        

that, if the patient is deemed by section 2151.421 of the Revised  1,144        

Code to have waived any testimonial privilege under this           1,145        

division, the physician may be compelled to testify on the same    1,146        

subject.                                                                        

      The testimonial privilege ESTABLISHED under this division    1,148        

does not apply, and a physician or dentist may testify or may be   1,149        

compelled to testify, in any of the following circumstances:       1,150        

      (a)  In any civil action, in accordance with the discovery   1,152        

provisions of the Rules of Civil Procedure in connection with a    1,153        

civil action, or in connection with a claim under Chapter 4123.    1,154        

of the Revised Code, under any of the following circumstances:     1,155        

      (i)  If the patient or the guardian or other legal           1,157        

                                                          27     

                                                                 
representative of the patient gives express consent;               1,158        

      (ii)  If the patient is deceased, the spouse of the patient  1,160        

or the executor or administrator of the patient's estate gives     1,162        

express consent;                                                                

      (iii)  If a medical claim, dental claim, chiropractic        1,164        

claim, or optometric claim, as defined in section 2305.11 of the   1,165        

Revised Code, an action for wrongful death, any other type of      1,166        

civil action, or a claim under Chapter 4123. of the Revised Code   1,167        

is filed by the patient, the personal representative of the        1,168        

estate of the patient if deceased, or the patient's guardian or    1,170        

other legal representative.                                                     

      (b)  In any criminal action concerning any test or the       1,172        

results of any test that determines the presence or concentration  1,173        

of alcohol, a drug of abuse, or alcohol and a drug of abuse in     1,174        

the patient's blood, breath, urine, or other bodily substance at   1,175        

any time relevant to the criminal offense in question.             1,176        

      (c)  IN ANY CRIMINAL ACTION AGAINST A PHYSICIAN OR DENTIST.  1,179        

IN SUCH AN ACTION, THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER     1,180        

THIS DIVISION DOES NOT PROHIBIT THE ADMISSION INTO EVIDENCE, IN    1,181        

ACCORDANCE WITH THE RULES OF EVIDENCE, OF A PATIENT'S MEDICAL OR   1,184        

DENTAL RECORDS OR OTHER COMMUNICATIONS BETWEEN A PATIENT AND THE   1,185        

PHYSICIAN OR DENTIST THAT ARE RELATED TO THE ACTION AND OBTAINED   1,186        

BY SUBPOENA, SEARCH WARRANT, OR OTHER LAWFUL MEANS.  A COURT THAT  1,187        

PERMITS OR COMPELS A PHYSICIAN OR DENTIST TO TESTIFY IN SUCH AN    1,188        

ACTION OR PERMITS THE INTRODUCTION INTO EVIDENCE OF PATIENT        1,189        

RECORDS OR OTHER COMMUNICATIONS IN SUCH AN ACTION SHALL REQUIRE    1,190        

THAT APPROPRIATE MEASURES BE TAKEN TO ENSURE THAT THE              1,191        

CONFIDENTIALITY OF ANY PATIENT NAMED OR OTHERWISE IDENTIFIED IN    1,192        

THE RECORDS IS MAINTAINED.  MEASURES TO ENSURE CONFIDENTIALITY     1,193        

THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR      1,194        

DELETING SPECIFIC INFORMATION FROM ITS RECORDS.                    1,195        

      (2)(a)  If any law enforcement officer submits a written     1,197        

statement to a health care provider that states that an official   1,198        

criminal investigation has begun regarding a specified person or   1,199        

                                                          28     

                                                                 
that a criminal action or proceeding has been commenced against a  1,200        

specified person, that requests the provider to supply to the      1,201        

officer copies of any records the provider possesses that pertain               

to any test or the results of any test administered to the         1,202        

specified person to determine the presence or concentration of     1,203        

alcohol, a drug of abuse, or alcohol and a drug of abuse in the    1,204        

person's blood, breath, or urine at any time relevant to the       1,205        

criminal offense in question, and that conforms to section                      

2317.022 of the Revised Code, the provider, except to the extent   1,206        

specifically prohibited by any law of this state or of the United  1,207        

States, shall supply to the officer a copy of any of the           1,208        

requested records the provider possesses.  If the health care      1,209        

provider does not possess any of the requested records, the                     

provider shall give the officer a written statement that           1,210        

indicates that the provider does not possess any of the requested  1,211        

records.                                                                        

      (b)  If a health care provider possesses any records of the  1,213        

type described in division (B)(2)(a) of this section regarding     1,214        

the person in question at any time relevant to the criminal        1,215        

offense in question, in lieu of personally testifying as to the    1,216        

results of the test in question, the custodian of the records may  1,217        

submit a certified copy of the records, and, upon its submission,               

the certified copy is qualified as authentic evidence and may be   1,218        

admitted as evidence in accordance with the Rules of Evidence.     1,219        

Division (A) of section 2317.422 of the Revised Code does not      1,220        

apply to any certified copy of records submitted in accordance     1,221        

with this division.  Nothing in this division shall be construed   1,222        

to limit the right of any party to call as a witness the person                 

who administered the test to which the records pertain, the        1,223        

person under whose supervision the test was administered, the      1,224        

custodian of the records, the person who made the records, or the  1,225        

person under whose supervision the records were made.              1,226        

      (3)(a)  If the testimonial privilege described in division   1,228        

(B)(1) of this section does not apply as provided in division      1,229        

                                                          29     

                                                                 
(B)(1)(a)(iii) of this section, a physician or dentist may be      1,230        

compelled to testify or to submit to discovery under the Rules of  1,231        

Civil Procedure only as to a communication made TO the physician   1,232        

or dentist by the patient in question in that relation, or the     1,233        

physician's or dentist's advice to the patient in question, that   1,235        

related causally or historically to physical or mental injuries    1,236        

that are relevant to issues in the medical claim, dental claim,    1,237        

chiropractic claim, or optometric claim, action for wrongful       1,238        

death, other civil action, or claim under Chapter 4123. of the     1,239        

Revised Code.                                                                   

      (b)  If the testimonial privilege described in division      1,241        

(B)(1) of this section does not apply to a physician or dentist    1,242        

as provided in division (B)(1)(b) of this section, the physician   1,243        

or dentist, in lieu of personally testifying as to the results of  1,244        

the test in question, may submit a certified copy of those                      

results, and, upon its submission, the certified copy is           1,245        

qualified as authentic evidence and may be admitted as evidence    1,246        

in accordance with the Rules of Evidence.  Division (A) of         1,247        

section 2317.422 of the Revised Code does not apply to any         1,248        

certified copy of results submitted in accordance with this                     

division.  Nothing in this division shall be construed to limit    1,249        

the right of any party to call as a witness the person who         1,250        

administered the test in question, the person under whose          1,251        

supervision the test was administered, the custodian of the                     

results of the test, the person who compiled the results, or the   1,252        

person under whose supervision the results were compiled.          1,253        

      (4)(a)  As used in divisions (B)(1) to (3) of this section,  1,255        

"communication" means acquiring, recording, or transmitting any    1,256        

information, in any manner, concerning any facts, opinions, or     1,257        

statements necessary to enable a physician or dentist to           1,258        

diagnose, treat, prescribe, or act for a patient.  A               1,259        

"communication" may include, but is not limited to, any medical    1,260        

or dental, office, or hospital communication such as a record,     1,261        

chart, letter, memorandum, laboratory test and results, x-ray,     1,262        

                                                          30     

                                                                 
photograph, financial statement, diagnosis, or prognosis.          1,263        

      (b)  As used in division (B)(2) of this section, "health     1,265        

care provider" has the same meaning as in section 3729.01 of the   1,266        

Revised Code.                                                                   

      (5)  Divisions (B)(1), (2), (3), and (4) of this section     1,268        

apply to doctors of medicine, doctors of osteopathic medicine,     1,269        

doctors of podiatry, and dentists.                                 1,270        

      (6)  Nothing in divisions (B)(1) to (5) of this section      1,272        

affects, or shall be construed as affecting, the immunity from     1,273        

civil liability conferred by section 2305.33 of the Revised Code   1,274        

upon physicians who report an employee's use of a drug of abuse,   1,275        

or a condition of an employee other than one involving the use of  1,276        

a drug of abuse, to the employer of the employee in accordance     1,277        

with division (B) of that section.  As used in this division       1,278        

(B)(6) OF THIS SECTION, "employee," "employer," and "physician"    1,280        

have the same meanings as in section 2305.33 of the Revised Code.  1,281        

      (C)  A  member of the clergy, rabbi, priest, or regularly    1,283        

ordained, accredited, or licensed minister of an established and   1,285        

legally cognizable church, denomination, or sect, when the cleric  1,286        

MEMBER OF THE CLERGY, rabbi, priest, or minister remains           1,288        

accountable to the authority of that church, denomination, or      1,289        

sect, concerning a confession made, or any information             1,290        

confidentially communicated, TO the clergyman MEMBER OF THE        1,291        

CLERGY, rabbi, priest, or minister for a religious counseling      1,292        

purpose in the clergyman's MEMBER OF THE CLERGY'S, rabbi's,        1,293        

priest's, or minister's professional character; however, the       1,295        

cleric MEMBER OF THE CLERGY, rabbi, priest, or minister may        1,297        

testify by express consent of the person making the                1,298        

communication, except when the disclosure of the information is    1,299        

in violation of the clergyman's rabbi's, priest's, or minister's   1,300        

a sacred trust.                                                                 

      (D)  Husband or wife, concerning any communication made by   1,302        

one to the other, or an act done by either in the presence of the  1,303        

other, during coverture, unless the communication was made, or     1,304        

                                                          31     

                                                                 
act done, in the known presence or hearing of a third person       1,305        

competent to be a witness; and such rule is the same if the        1,306        

marital relation has ceased to exist.                              1,307        

      (E)  A person who assigns a claim or interest, concerning    1,309        

any matter in respect to which the person would not, if a party,   1,311        

be permitted to testify;                                                        

      (F)  A person who, if a party, would be restricted under     1,314        

section 2317.03 of the Revised Code, when the property or thing    1,315        

is sold or transferred by an executor, administrator, guardian,    1,316        

trustee, heir, devisee, or legatee, shall be restricted in the     1,317        

same manner in any action or proceeding concerning the property    1,318        

or thing.                                                                       

      (G)(1)  A school guidance counselor who holds a valid        1,320        

educator license from the state board of education as provided     1,322        

for in section 3319.22 of the Revised Code, a person licensed      1,323        

under Chapter 4757. of the Revised Code as a professional          1,324        

clinical counselor, professional counselor, social worker, or      1,325        

independent social worker, or registered under Chapter 4757. of    1,326        

the Revised Code as a social work assistant concerning a           1,327        

confidential communication such person such person's received      1,328        

from a client in that relation or such person's the person's       1,329        

advice to the a client unless any of the following applies:        1,330        

      (a)  The communication or advice indicates clear and         1,332        

present danger to the client or other persons.  For the purposes   1,333        

of this division, cases in which there are indications of present  1,334        

or past child abuse or neglect of the client constitute a clear    1,335        

and present danger.                                                1,336        

      (b)  The client gives express consent to the testimony.      1,338        

      (c)  If the client is deceased, the surviving spouse or the  1,340        

executor or administrator of the estate of the deceased client     1,341        

gives express consent.                                             1,342        

      (d)  The client voluntarily testifies, in which case the     1,344        

school guidance counselor or person licensed or registered under   1,345        

Chapter 4757. of the Revised Code may be compelled to testify on   1,347        

                                                          32     

                                                                 
the same subject.                                                               

      (e)  The court in camera determines that the information     1,349        

communicated by the client is not germane to the counselor-client  1,350        

or social worker-client relationship.                              1,351        

      (f)  A court, in an action brought against a school, its     1,353        

administration, or any of its personnel by the client, rules       1,354        

after an in-camera inspection that the testimony of the school     1,355        

guidance counselor is relevant to that action.                     1,356        

      (2)  Nothing in division (G)(1) of this section shall        1,358        

relieve a school guidance counselor or a person licensed or        1,360        

registered under Chapter 4757. of the Revised Code from the        1,362        

requirement to report information concerning child abuse or        1,363        

neglect under section 2151.421 of the Revised Code.                             

      (H)  A mediator acting under a mediation order issued under  1,365        

division (A) of section 3109.052 of the Revised Code or otherwise  1,366        

issued in any proceeding for divorce, dissolution, legal           1,367        

separation, annulment, or the allocation of parental rights and    1,368        

responsibilities for the care of children, in any action or        1,369        

proceeding, other than a criminal, delinquency, child abuse,       1,370        

child neglect, or dependent child action or proceeding, that is    1,371        

brought by or against either parent who takes part in mediation    1,372        

in accordance with the order and that pertains to the mediation    1,373        

process, to any information discussed or presented in the          1,374        

mediation process, to the allocation of parental rights and        1,375        

responsibilities for the care of the parents' children, or to the  1,376        

awarding of visitation rights in relation to their children.       1,377        

      (I)  A communications assistant, acting within the scope of  1,379        

the communication that assistant's authority, when providing       1,380        

telecommunications relay service pursuant to section 4931.35 of    1,382        

the Revised Code or Title II of the "Communications Act of 1934,"  1,383        

104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication    1,384        

made through a telecommunications relay service.                   1,385        

      Nothing in this section shall limit any immunity or          1,387        

privilege granted under federal law or regulation.  Nothing in     1,388        

                                                          33     

                                                                 
this section shall limit the obligation of a communications        1,389        

assistant to divulge information or testify when mandated by       1,390        

federal law or regulation or pursuant to subpoena in a criminal    1,391        

proceeding.                                                        1,392        

      Sec. 2925.01.  As used in this chapter:                      1,405        

      (A)  "Administer," "controlled substance," "dispense,"       1,407        

"distribute," "federal drug abuse control laws," "hypodermic,"     1,408        

"manufacturer," "official written order," "person," "pharmacist,"  1,410        

"pharmacy," "practitioner," "prescription," "sale," "schedule I,"  1,411        

"schedule II," "schedule III," "schedule IV," "schedule V," and    1,412        

"wholesaler" have the same meanings as in section 3719.01 of the   1,413        

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    1,415        

same meanings as in section 3719.011 of the Revised Code.          1,416        

      (C)  "Drug," "dangerous drug," and "Federal Food, Drug, and  1,418        

Cosmetic Act" have the same meanings as in section 4729.02 of the  1,419        

Revised Code.                                                      1,420        

      (D)  "Bulk amount" of a controlled substance means any of    1,422        

the following:                                                     1,423        

      (1)  For any compound, mixture, preparation, or substance    1,425        

included in schedule I, schedule II, or schedule III, with the     1,427        

exception of marihuana, cocaine, L.S.D., heroin, and hashish and                

except as provided in division (D)(2) or (5) of this section,      1,429        

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            1,431        

twenty-five unit doses of a compound, mixture, preparation, or     1,432        

substance that is or contains any amount of a schedule I opiate    1,433        

or opium derivative;                                               1,434        

      (b)  An amount equal to or exceeding ten grams of a          1,437        

compound, mixture, preparation, or substance that is or contains   1,438        

any amount of raw or gum opium;                                    1,439        

      (c)  An amount equal to or exceeding thirty grams or ten     1,442        

unit doses of a compound, mixture, preparation, or substance that  1,443        

is or contains any amount of a schedule I hallucinogen other than  1,444        

                                                          34     

                                                                 
tetrahydrocannabinol or lysergic acid amide, or a schedule I       1,447        

stimulant or depressant;                                           1,448        

      (d)  An amount equal to or exceeding twenty grams or five    1,451        

times the maximum daily dose in the usual dose range specified in  1,452        

a standard pharmaceutical reference manual of a compound,          1,453        

mixture, preparation, or substance that is or contains any amount  1,454        

of a schedule II opiate or opium derivative;                       1,455        

      (e)  An amount equal to or exceeding five grams or ten unit  1,457        

doses of a compound, mixture, preparation, or substance that is    1,458        

or contains any amount of phencyclidine;                           1,459        

      (f)  An amount equal to or exceeding one hundred twenty      1,461        

grams or thirty times the maximum daily dose in the usual dose     1,462        

range specified in a standard pharmaceutical reference manual of   1,463        

a compound, mixture, preparation, or substance that is or          1,464        

contains any amount of a schedule II stimulant that is in a final  1,465        

dosage form manufactured by a person authorized by the Federal     1,466        

Food, Drug, and Cosmetic Act and the federal drug abuse control    1,467        

laws, that is or contains any amount of a schedule II depressant   1,468        

substance or a schedule II hallucinogenic substance;               1,469        

      (g)  An amount equal to or exceeding three grams of a        1,472        

compound, mixture, preparation, or substance that is or contains   1,473        

any amount of a schedule II stimulant, or any of its salts or      1,474        

isomers, that is not in a final dosage form manufactured by a      1,475        

person authorized by the Federal Food, Drug, and Cosmetic Act and  1,476        

the federal drug abuse control laws.                               1,477        

      (2)  An amount equal to or exceeding one hundred twenty      1,480        

grams or thirty times the maximum daily dose in the usual dose     1,481        

range specified in a standard pharmaceutical reference manual of   1,483        

a compound, mixture, preparation, or substance that is or          1,485        

contains any amount of a schedule III or IV substance other than   1,487        

an anabolic steroid or a schedule III opiate or opium derivative;  1,488        

      (3)  An amount equal to or exceeding twenty grams or five    1,490        

times the maximum daily dose in the usual dose range specified in  1,491        

a standard pharmaceutical reference manual of a compound,          1,492        

                                                          35     

                                                                 
mixture, specification PREPARATION, or substance that is or        1,494        

contains any amount of a schedule III opiate or opium derivative;               

      (4)  An amount equal to or exceeding two hundred fifty       1,496        

milliliters or two hundred fifty grams of a compound, mixture,     1,497        

preparation, or substance that is or contains any amount of a      1,498        

schedule V substance;                                              1,499        

      (5)  An amount equal to or exceeding two hundred solid       1,502        

dosage units, sixteen grams, or sixteen milliliters of a           1,503        

compound, mixture, preparation, or substance that is or contains   1,504        

any amount of a schedule III anabolic steroid.                     1,505        

      (E)  "Unit dose" means an amount or unit of a compound,      1,507        

mixture, or preparation containing a controlled substance that is  1,508        

separately identifiable and is in a form indicating that           1,509        

indicates that it is the amount or unit by which the controlled    1,511        

substance is separately administered to or taken by an             1,512        

individual.                                                        1,513        

      (F)  "Cultivate" includes planting, watering, fertilizing,   1,515        

or tilling.                                                        1,516        

      (G)  "Drug abuse offense" means any of the following:        1,518        

      (1)  A violation of division (A) of section 2913.02 that     1,520        

constitutes theft of drugs, or a violation of section 2925.02,     1,521        

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     1,522        

2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the     1,524        

Revised Code;                                                                   

      (2)  A violation of an existing or former law of this or     1,526        

any other state or of the United States that is substantially      1,527        

equivalent to any section listed in division (G)(1) of this        1,528        

section;                                                           1,529        

      (3)  An offense under an existing or former law of this or   1,531        

any other state, or of the United States, of which planting,       1,532        

cultivating, harvesting, processing, making, manufacturing,        1,533        

producing, shipping, transporting, delivering, acquiring,          1,534        

possessing, storing, distributing, dispensing, selling, inducing   1,535        

another to use, administering to another, using, or otherwise      1,536        

                                                          36     

                                                                 
dealing with a controlled substance is an element;                 1,537        

      (4)  A conspiracy to commit, attempt to commit, or           1,539        

complicity in committing or attempting to commit any offense       1,540        

under division (G)(1), (2), or (3) of this section.                1,541        

      (H)  "Felony drug abuse offense" means any drug abuse        1,543        

offense that would constitute a felony under the laws of this      1,544        

state, any other state, or the United States.                      1,545        

      (I)  "Harmful intoxicant" does not include beer or           1,547        

intoxicating liquor but means any compound, mixture, preparation,  1,549        

or substance the gas, fumes, or vapor of which when inhaled can    1,550        

induce intoxication, excitement, giddiness, irrational behavior,   1,551        

depression, stupefaction, paralysis, unconsciousness,              1,552        

asphyxiation, or other harmful physiological effects, and          1,553        

includes, but is not limited to, any of the following:             1,554        

      (1)  Any volatile organic solvent, plastic cement, model     1,556        

cement, fingernail polish remover, lacquer thinner, cleaning       1,557        

fluid, gasoline, or other preparation containing a volatile        1,558        

organic solvent;                                                   1,559        

      (2)  Any aerosol propellant;                                 1,561        

      (3)  Any fluorocarbon refrigerant;                           1,563        

      (4)  Any anesthetic gas.                                     1,565        

      (J)  "Manufacture" means to plant, cultivate, harvest,       1,567        

process, make, prepare, or otherwise engage in any part of the     1,568        

production of a drug, by propagation, extraction, chemical         1,569        

synthesis, or compounding, or any combination of the same, and     1,570        

includes packaging, repackaging, labeling, and other activities    1,571        

incident to production.                                            1,572        

      (K)  "Possess" or "possession" means having control over a   1,574        

thing or substance, but may not be inferred solely from mere       1,575        

access to the thing or substance through ownership or occupation   1,576        

of the premises upon which the thing or substance is found.        1,577        

      (L)  "Sample drug" means a drug or pharmaceutical            1,579        

preparation that would be hazardous to health or safety if used    1,580        

without the supervision of a practitioner, or a drug of abuse,     1,581        

                                                          37     

                                                                 
and that, at one time, had been placed in a container plainly      1,582        

marked as a sample by a manufacturer.                              1,583        

      (M)  "Standard pharmaceutical reference manual" means the    1,585        

current edition, with cumulative changes if any, of any of the     1,586        

following reference works:                                         1,587        

      (1)  "The National Formulary";                               1,589        

      (2)  "The United States Pharmacopeia," prepared by           1,591        

authority of the United States Pharmacopeial Convention, Inc.;     1,592        

      (3)  Other standard references that are approved by the      1,594        

state board of pharmacy.                                           1,595        

      (N)  "Juvenile" means a person under eighteen years of age.  1,597        

      (O)  "Counterfeit controlled substance" means any of the     1,599        

following:                                                         1,600        

      (1)  Any drug that bears, or whose container or label        1,602        

bears, a trademark, trade name, or other identifying mark used     1,603        

without authorization of the owner of rights to that trademark,    1,604        

trade name, or identifying mark;                                   1,605        

      (2)  Any unmarked or unlabeled substance that is             1,607        

represented to be a controlled substance manufactured, processed,  1,608        

packed, or distributed by a person other than the person that      1,609        

manufactured, processed, packed, or distributed it;                1,610        

      (3)  Any substance that is represented to be a controlled    1,612        

substance but is not a controlled substance or is a different      1,613        

controlled substance;                                              1,614        

      (4)  Any substance other than a controlled substance that a  1,616        

reasonable person would believe to be a controlled substance       1,617        

because of its similarity in shape, size, and color, or its        1,618        

markings, labeling, packaging, distribution, or the price for      1,619        

which it is sold or offered for sale.                              1,620        

      (P)  An offense is "committed in the vicinity of a school"   1,622        

if the offender commits the offense on school premises, in a       1,623        

school building, or within one thousand feet of the boundaries of  1,624        

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        1,626        

                                                          38     

                                                                 
education or any school for which the state board of education     1,627        

prescribes minimum standards under section 3301.07 of the Revised  1,628        

Code, whether or not any instruction, extracurricular activities,  1,629        

or training provided by the school is being conducted at the time  1,630        

a criminal offense is committed.                                   1,631        

      (R)  "School premises" means either of the following:        1,633        

      (1)  The parcel of real property on which any school is      1,635        

situated, whether or not any instruction, extracurricular          1,636        

activities, or training provided by the school is being conducted  1,637        

on the premises at the time a criminal offense is committed;       1,638        

      (2)  Any other parcel of real property that is owned or      1,640        

leased by a board of education of a school or the governing body   1,641        

of a school for which the state board of education prescribes      1,642        

minimum standards under section 3301.07 of the Revised Code and    1,643        

on which some of the instruction, extracurricular activities, or   1,644        

training of the school is conducted, whether or not any            1,645        

instruction, extracurricular activities, or training provided by   1,646        

the school is being conducted on the parcel of real property at    1,647        

the time a criminal offense is committed.                          1,648        

      (S)  "School building" means any building in which any of    1,650        

the instruction, extracurricular activities, or training provided  1,651        

by a school is conducted, whether or not any instruction,          1,652        

extracurricular activities, or training provided by the school is  1,653        

being conducted in the school building at the time a criminal      1,654        

offense is committed.                                              1,655        

      (T)  "Disciplinary counsel" means the disciplinary counsel   1,657        

appointed by the board of commissioners on grievances and          1,658        

discipline of the supreme court under the Rules for the            1,659        

Government of the Bar of Ohio.                                     1,660        

      (U)  "Certified grievance committee" means a duly            1,662        

constituted and organized committee of the Ohio state bar          1,663        

association or of one or more local bar associations of the state  1,664        

of Ohio that complies with the criteria set forth in Rule V,       1,665        

section 6 of the Rules for the Government of the Bar of Ohio.      1,666        

                                                          39     

                                                                 
      (V)  "Professional license" means any license, permit,       1,668        

certificate, registration, qualification, admission, temporary     1,669        

license, temporary permit, temporary certificate, or temporary     1,670        

registration that is described in divisions (W)(1) to (35) of      1,671        

this section and that qualifies a person as a professionally       1,672        

licensed person.                                                   1,673        

      (W)  "Professionally licensed person" means any of the       1,675        

following:                                                         1,676        

      (1)  A person who has obtained a license as a manufacturer   1,678        

of controlled substances or a wholesaler of controlled substances  1,679        

under Chapter 3719. of the Revised Code;                           1,680        

      (2)  A person who has received a certificate or temporary    1,682        

certificate as a certified public accountant or who has            1,683        

registered as a public accountant under Chapter 4701. of the       1,684        

Revised Code and who holds a live permit issued under that         1,685        

chapter;                                                           1,686        

      (3)  A person who holds a certificate of qualification to    1,688        

practice architecture issued or renewed and registered under       1,689        

Chapter 4703. of the Revised Code;                                 1,690        

      (4)  A person who is registered as a landscape architect     1,692        

under Chapter 4703. of the Revised Code or who holds a permit as   1,693        

a landscape architect issued under that chapter;                   1,694        

      (5)  A person licensed as an auctioneer or apprentice        1,696        

auctioneer or licensed to operate an auction company under         1,697        

Chapter 4707. of the Revised Code;                                 1,698        

      (6)  A person who has been issued a certificate of           1,700        

registration as a registered barber under Chapter 4709. of the     1,701        

Revised Code;                                                      1,702        

      (7)  A person licensed and regulated to engage in the        1,704        

business of a debt pooling company by a legislative authority,     1,705        

under authority of Chapter 4710. of the Revised Code;              1,706        

      (8)  A person who has been issued a cosmetologist's          1,708        

license, manicurist's license, esthetician's license, managing     1,709        

cosmetologist's license, managing manicurist's license, managing   1,710        

                                                          40     

                                                                 
esthetician's license, cosmetology instructor's license,           1,711        

manicurist instructor's license, esthetician instructor's          1,712        

license, or tanning facility permit under Chapter 4713. of the     1,713        

Revised Code;                                                      1,714        

      (9)  A person who has been issued a license to practice      1,716        

dentistry, a general anesthesia permit, a conscious intravenous    1,717        

sedation permit, a limited resident's license, a limited teaching  1,718        

license, a dental hygienist's license, or a dental hygienist's     1,719        

teacher's certificate under Chapter 4715. of the Revised Code;     1,720        

      (10)  A person who has been issued an embalmer's license, a  1,722        

funeral director's license, or a funeral home license, or who has  1,723        

been registered for a funeral director's apprenticeship under      1,724        

Chapter 4717. of the Revised Code;                                 1,725        

      (11)  A person who has been licensed as a registered nurse   1,727        

or practical nurse, or who has been issued a certificate for the   1,728        

practice of nurse-midwifery under Chapter 4723. of the Revised     1,729        

Code;                                                              1,730        

      (12)  A person who has been licensed to practice optometry   1,732        

or to engage in optical dispensing under Chapter 4725. of the      1,733        

Revised Code;                                                      1,734        

      (13)  A person licensed to act as a pawnbroker under         1,736        

Chapter 4727. of the Revised Code;                                 1,737        

      (14)  A person licensed to act as a precious metals dealer   1,739        

under Chapter 4728. of the Revised Code;                           1,740        

      (15)  A person registered as a pharmacist, a pharmacy        1,742        

intern, a wholesale distributor of dangerous drugs, or a terminal  1,743        

distributor of dangerous drugs under Chapter 4729. of the Revised  1,744        

Code;                                                              1,745        

      (16)  A person who is authorized to practice as a physician  1,747        

assistant under Chapter 4730. of the Revised Code;                 1,748        

      (17)  A person who has been issued a certificate to          1,750        

practice medicine and surgery, osteopathic medicine and surgery,   1,751        

a limited branch of medicine or surgery, or podiatry under         1,752        

Chapter 4731. of the Revised Code;                                 1,753        

                                                          41     

                                                                 
      (18)  A person licensed as a psychologist or school          1,755        

psychologist under Chapter 4732. of the Revised Code;              1,756        

      (19)  A person registered to practice the profession of      1,758        

engineering or surveying under Chapter 4733. of the Revised Code;  1,759        

      (20)  A person who has been issued a certificate LICENSE to  1,761        

practice chiropractic under Chapter 4734. of the Revised Code;     1,762        

      (21)  A person licensed to act as a real estate broker,      1,764        

real estate salesman, limited real estate broker, or limited real  1,765        

estate salesman under Chapter 4735. of the Revised Code;           1,766        

      (22)  A person registered as a registered sanitarian under   1,768        

Chapter 4736. of the Revised Code;                                 1,769        

      (23)  A person licensed to operate or maintain a junkyard    1,771        

under Chapter 4737. of the Revised Code;                           1,772        

      (24)  A person who has been issued a motor vehicle salvage   1,774        

dealer's license under Chapter 4738. of the Revised Code;          1,775        

      (25)  A person who has been licensed to act as a steam       1,777        

engineer under Chapter 4739. of the Revised Code;                  1,778        

      (26)  A person who has been issued a license or temporary    1,780        

permit to practice veterinary medicine or any of its branches, or  1,781        

who is registered as a graduate animal technician under Chapter    1,782        

4741. of the Revised Code;                                         1,783        

      (27)  A person who has been issued a hearing aid dealer's    1,785        

or fitter's license or trainee permit under Chapter 4747. of the   1,786        

Revised Code;                                                      1,787        

      (28)  A person who has been issued a class A, class B, or    1,789        

class C license or who has been registered as an investigator or   1,790        

security guard employee under Chapter 4749. of the Revised Code;   1,791        

      (29)  A person licensed and registered to practice as a      1,793        

nursing home administrator under Chapter 4751. of the Revised      1,794        

Code;                                                              1,795        

      (30)  A person licensed to practice as a speech              1,797        

SPEECH-LANGUAGE pathologist or audiologist under Chapter 4753. of  1,799        

the Revised Code;                                                               

      (31)  A person issued a license as an occupational           1,801        

                                                          42     

                                                                 
therapist or physical therapist under Chapter 4755. of the         1,802        

Revised Code;                                                      1,803        

      (32)  A person who is licensed as a professional clinical    1,805        

counselor or professional counselor, licensed as a social worker   1,806        

or independent social worker, or registered as a social work       1,807        

assistant under Chapter 4757. of the Revised Code;                 1,808        

      (33)  A person issued a license to practice dietetics under  1,810        

Chapter 4759. of the Revised Code;                                 1,811        

      (34)  A person who has been issued a license or temporary    1,813        

LIMITED permit to practice respiratory therapy under Chapter       1,814        

4761. of the Revised Code;                                         1,816        

      (35)  A person who has been issued a real estate appraiser   1,818        

certificate under Chapter 4763. of the Revised Code.               1,819        

      (X)  "Cocaine" means any of the following:                   1,821        

      (1)  A cocaine salt, isomer, or derivative, a salt of a      1,823        

cocaine isomer or derivative, or the base form of cocaine;         1,824        

      (2)  Coca leaves or a salt, compound, derivative, or         1,826        

preparation of coca leaves, including ecgonine, a salt, isomer,    1,827        

or derivative of ecgonine, or a salt of an isomer or derivative    1,828        

of ecgonine;                                                       1,829        

      (3)  A salt, compound, derivative, or preparation of a       1,831        

substance identified in division (X)(1) or (2) of this section     1,833        

that is chemically equivalent to or identical with any of those    1,834        

substances, except that the substances shall not include           1,835        

decocainized coca leaves or extraction of coca leaves if the       1,836        

extractions do not contain cocaine or ecgonine.                    1,837        

      (Y)  "L.S.D." means lysergic acid diethylamide.              1,840        

      (Z)  "Hashish" means the resin or a preparation of the       1,842        

resin contained in marihuana, whether in solid form or in a        1,843        

liquid concentrate, liquid extract, or liquid distillate form.     1,844        

      (AA)  "Marihuana" has the same meaning as in section         1,846        

3719.01 of the Revised Code, except that it does not include       1,848        

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          1,850        

                                                          43     

                                                                 
juvenile" if the offender commits the offense within one hundred   1,852        

feet of a juvenile or within the view of a juvenile, regardless    1,853        

of whether the offender knows the age of the juvenile, whether     1,854        

the offender knows the offense is being committed within one       1,855        

hundred feet of or within view of the juvenile, or whether the     1,856        

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   1,858        

a prison term shall be imposed" means a presumption, as described  1,859        

in division (D) of section 2929.13 of the Revised Code, that a     1,860        

prison term is a necessary sanction for a felony in order to       1,861        

comply with the purposes and principles of sentencing under        1,862        

section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       1,864        

section 2929.01 of the Revised Code.                               1,865        

      (EE)  "Minor drug possession offense" means either of the    1,867        

following:                                                         1,868        

      (1)  A violation of section 2925.11 of the Revised Code as   1,870        

it existed prior to July 1, 1996;                                  1,871        

      (2)  A violation of section 2925.11 of the Revised Code as   1,873        

it exists on and after July 1, 1996, this that is a misdemeanor    1,874        

or a felony of the fifth degree.                                   1,875        

      (FF)  "Mandatory prison term" has the same meaning as in     1,878        

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             1,880        

preparation, or substance that is or contains any amount of        1,881        

cocaine that is analytically identified as the base form of        1,882        

cocaine or that is in a form that resembles rocks or pebbles       1,883        

generally intended for individual use.                                          

      Sec. 3719.121.  (A)  Except as otherwise provided in         1,892        

section 4723.28, 4730.25, or 4731.22 of the Revised Code, the      1,894        

license, certificate, or registration of any practitioner, nurse,  1,896        

physician assistant, pharmacist, manufacturer, or wholesaler, who  1,897        

is or becomes addicted to the use of controlled substances, shall  1,898        

be suspended by the board that authorized the person's license,    1,899        

                                                          44     

                                                                 
certificate, or registration until the person offers satisfactory  1,901        

proof to the board that the person no longer is addicted to the    1,902        

use of controlled substances.                                      1,903        

      (B)  If the board under which a person has been issued a     1,906        

license, certificate, or evidence of registration determines that  1,908        

there is clear and convincing evidence that continuation of the    1,909        

person's professional practice or method of distributing           1,910        

controlled substances presents a danger of immediate and serious   1,911        

harm to others, the board may suspend the person's license,        1,912        

certificate, or registration without a hearing.  Except as         1,914        

otherwise provided in sections 4715.30, 4723.281, 4730.25, and     1,915        

4731.22 of the Revised Code, the board shall follow the procedure  1,916        

for suspension without a prior hearing in section 119.07 of the    1,919        

Revised Code.  The suspension shall remain in effect, unless       1,920        

removed by the board, until the board's final adjudication order   1,921        

becomes effective, except that if the board does not issue its     1,922        

final adjudication order within ninety days after the hearing,     1,923        

the suspension shall be void on the ninety-first day after the     1,924        

hearing.                                                                        

      (C)  On receiving notification pursuant to section 2929.24   1,926        

or 3719.12 of the Revised Code, the board under which a person     1,927        

has been issued a license, certificate, or evidence of             1,928        

registration immediately shall suspend the license, certificate,   1,930        

or registration of that person on a plea of guilty to, a finding   1,933        

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    1,935        

eligibility for treatment in lieu of conviction; a plea of guilty  1,937        

to, or a finding by a jury or court of the person's guilt of, or   1,938        

the person's conviction of an offense in another jurisdiction      1,939        

that is essentially the same as a felony drug abuse offense; or a  1,940        

finding by a court of the person's eligibility for treatment in    1,941        

lieu of conviction in another jurisdiction.  The board shall       1,942        

notify the holder of the license, certificate, or registration of  1,943        

the suspension, which shall remain in effect until the board       1,945        

                                                          45     

                                                                 
holds an adjudicatory hearing ADJUDICATION under Chapter 119. of   1,946        

the Revised Code.                                                               

      Sec. 4713.01.  As used in sections 4713.01 to 4713.21 of     1,955        

the Revised Code:                                                  1,956        

      (A)  The practice of cosmetology includes work done for      1,958        

pay, free, or otherwise, by any person, which work is usually      1,959        

performed by hairdressers, cosmetologists, cosmeticians, or        1,960        

beauty culturists, however denominated, in beauty salons; which    1,961        

work is for the embellishment, cleanliness, and beautification of  1,962        

hair, wigs, and postiches, such as arranging, dressing, pressing,  1,963        

curling, waving, permanent waving, cleansing, cutting, singeing,   1,964        

bleaching, coloring, weaving, or similar work, and the massaging,  1,965        

cleansing, stimulating, manipulating, exercising, or similar work  1,966        

by the use of manual massage techniques or mechanical or           1,967        

electrically operated apparatus or appliances, or cosmetics,       1,968        

preparations, tonics, antiseptics, creams, or lotions, and of      1,969        

manicuring the nails or application of artificial nails, which     1,970        

enumerated practices shall be inclusive of the practice of         1,971        

cosmetology, but not in limitation thereof.  Sections 4713.01 to   1,972        

4713.21 of the Revised Code do not permit any of the services or   1,973        

arts described in this division to be used for the treatment or    1,974        

cure of any physical or mental diseases or ailments.               1,975        

      The retail sale or the trial demonstration by application    1,977        

to the skin for purposes of retail sale of cosmetics,              1,978        

preparations, tonics, antiseptics, creams, lotions, wigs, and      1,979        

postiches shall not be considered the practice of cosmetology.     1,980        

      (B)  "Cosmetologist,"  "cosmetician,"  "beauty culturist,"   1,982        

or "hairdresser," means any person who, for pay, free, or          1,983        

otherwise, engages in the practice of cosmetology.                 1,984        

      (C)  "Manicurist" means any person who, for pay, free, or    1,986        

otherwise, engages only in the occupation of manicuring the nails  1,987        

of any person or the application of artificial or sculptured       1,988        

nails, or both.                                                    1,989        

      (D)  "The practice of esthetics" includes work done for      1,991        

                                                          46     

                                                                 
pay, free, or otherwise, by any person, which work is the          1,992        

application of cosmetics, tonics, antiseptics, creams, lotions,    1,993        

or other preparations for the purpose of skin beautification and   1,994        

includes preparation of the skin by manual massage techniques or   1,995        

by use of electrical, mechanical, or other apparatus.              1,996        

      (E)  "Esthetician" means any person who, for pay, free, or   1,998        

otherwise, engages only in the practice of esthetics.              1,999        

      (F)  "Beauty salon" means any premises, building, or part    2,001        

of a building, in which any branch of cosmetology, except the      2,002        

occupation of a manicurist when carried on in a barber shop        2,003        

licensed under Chapter 4709. of the Revised Code, or the           2,004        

occupation of a cosmetologist is practiced.                        2,005        

      (G)  "Student" means any person who is engaged in learning   2,007        

or acquiring knowledge of the occupation of a cosmetologist,       2,008        

manicurist, or esthetician in a school of cosmetology.             2,009        

      (H)  "School of cosmetology" means any premises, building,   2,011        

or part of a building in which students are instructed in the      2,012        

theories and practices of cosmetology, manicuring, and esthetics.  2,013        

      (I)  "Managing cosmetologist" means any person who has met   2,015        

the requirements of division (D) of section 4713.04 of the         2,016        

Revised Code, and has applied for and received a managing          2,017        

cosmetologist license.                                             2,018        

      (J)  "Cosmetology instructor" means any person who has met   2,020        

the requirements of division (E) of section 4713.04 of the         2,021        

Revised Code, and has applied for and received an instructor's     2,022        

license.                                                           2,023        

      (K)  "Apprentice instructor" means any licensee of the       2,025        

state board of cosmetology who is engaged in learning or           2,026        

acquiring knowledge of the occupation of an instructor, in any     2,027        

branch of cosmetology in a duly licensed school of cosmetology.    2,029        

      (L)  "Cosmetic therapy" and "cosmetic therapist" have HAS    2,031        

the same meanings MEANING as in section 4731.15 of the Revised     2,032        

Code.                                                                           

      (M)  "Nail salon" means any premises, building, or part of   2,034        

                                                          47     

                                                                 
a building in which manicurists engage only in the occupation of   2,035        

manicuring the nails of any person or the application of           2,036        

artificial or sculptured nails, or both.  For administrative       2,037        

purposes, a nail salon is deemed the equivalent of a beauty salon  2,038        

and is subject to appropriate rules with respect to sanitation     2,039        

and sterilization.  A licensed manicurist may practice the         2,040        

occupation of manicuring nails in a nail salon, in a beauty        2,041        

salon, or in a barber shop.                                        2,042        

      (N)  "Esthetics salon" means any premises, building, or      2,044        

part of a building in which esthetics is performed by a person     2,045        

licensed as a cosmetologist or esthetician.  For administrative    2,046        

purposes, an esthetics salon is deemed the equivalent of a beauty  2,047        

salon and is subject to the appropriate rules with respect to      2,048        

sanitation and sterilization.                                      2,049        

      (O)  "Managing manicurist" means any person who has met the  2,051        

requirements of division (H) of section 4713.04 of the Revised     2,052        

Code, and has applied for and received a managing manicurist       2,053        

license.                                                           2,054        

      (P)  "Manicurist instructor" means any person who meets the  2,056        

requirements of division (L) of section 4713.04 of the Revised     2,057        

Code and who has applied for and received a manicurist instructor  2,058        

license.                                                           2,059        

      (Q)  "Managing esthetician" means any person who has met     2,061        

the requirements of division (J) of section 4713.04 of the         2,062        

Revised Code, and has applied for and received a managing          2,063        

esthetician's license.                                             2,064        

      (R)  "Esthetics instructor" means any person who meets the   2,066        

requirements of division (K) of section 4713.04 of the Revised     2,067        

Code and who has applied for and received an esthetics instructor  2,068        

license.                                                           2,069        

      (S)  "Glamour photography" means the combination of a        2,071        

photographic service or product with the delivery of a             2,072        

cosmetology service advertised or sold to the public.              2,073        

      Sec. 4713.12.  Sections 4713.01 to 4713.21 of the Revised    2,082        

                                                          48     

                                                                 
Code do not prohibit service in cases of emergency or domestic     2,083        

administration, without compensation.  The following persons       2,084        

shall be exempt from the provisions of such sections:              2,085        

      (A)  All persons authorized to practice medicine, surgery,   2,087        

dentistry, and nursing or any of its branches in this state;       2,088        

      (B)  Commissioned surgical and medical officers of the       2,090        

United States army, navy, or marine hospital service when engaged  2,091        

in the actual performance of their official duties, and            2,092        

attendants attached to same;                                       2,093        

      (C)  Barbers, insofar as their usual and ordinary vocation   2,095        

and profession is concerned;                                       2,096        

      (D)  Funeral directors, embalmers, and apprentices licensed  2,098        

or registered under Chapter 4717. of the Revised Code;             2,099        

      (E)  Persons who are engaged in the retail sale, cleaning,   2,101        

or beautification of wigs and postiches but who do not engage in   2,102        

any other act constituting the practice of cosmetology;            2,103        

      (F)  Volunteers of hospitals, and homes as defined in        2,105        

section 3721.01 of the Revised Code, who render service to         2,106        

registered patients and inpatients who reside in such hospitals    2,107        

or homes.  Such volunteers shall not use or work with any          2,108        

chemical products such as permanent wave, hair dye, or chemical    2,109        

hair relaxer, which without proper training would pose a health    2,110        

or safety problem to the patient.                                  2,111        

      (G)  Nurses aides and other employees of hospitals and       2,113        

homes as defined in section 3721.01 of the Revised Code, who       2,114        

render cosmetology services to registered patients only as part    2,115        

of general patient care services and who do not charge patients    2,116        

directly on a fee for service basis;                               2,117        

      (H)  Cosmetic therapists who HOLD CURRENT, VALID             2,119        

CERTIFICATES TO practice cosmetic therapy in premises approved     2,120        

ISSUED by the state medical board under Chapter 4731. SECTION      2,121        

4731.15 of the Revised Code;                                       2,122        

      (I)  Photographers engaged in delivering a glamour           2,124        

photography service in a licensed salon, so long as the person     2,125        

                                                          49     

                                                                 
advertising and operating the glamour photography service is       2,126        

properly licensed under this chapter by the state board of         2,127        

cosmetology.                                                                    

      Sec. 4713.14.  (A)  Beauty salons shall be in charge of and  2,136        

under the immediate supervision of a licensed managing             2,137        

cosmetologist and esthetics salons shall be in charge of and       2,138        

under the immediate supervision of a licensed managing             2,139        

cosmetologist or a licensed managing esthetician.  Beauty salons   2,140        

and esthetics salons shall be equipped to provide potable running  2,141        

hot and cold water and proper drainage, to sanitize all            2,142        

instruments and supplies used therein in the practice of           2,143        

cosmetology and any of its branches, and to sterilize all          2,144        

instruments and supplies used therein by cosmetic therapists       2,145        

licensed AUTHORIZED TO PRACTICE under section 4731.15 of the       2,146        

Revised Code.  Except as provided in division (C) of this          2,148        

section, rooms licensed as beauty salons or esthetics salons       2,149        

shall be used only for the practice of services regulated and      2,150        

licensed under this chapter and section 4731.15 of the Revised     2,151        

Code, be kept in a clean and sanitary condition, and be properly   2,152        

ventilated.  Nothing in this section shall be construed to forbid  2,153        

the retailing of cosmetics, preparations, tonics, antiseptics,     2,154        

creams, lotions, wigs, postiches, and other items related to the   2,155        

practice of cosmetology, including clothing, or forbid the         2,156        

provision of glamour photography, in a beauty salon or esthetics   2,157        

salon.  No food shall be sold in rooms used as beauty salons or    2,158        

esthetics salons.                                                  2,159        

      (B)  Nail salons shall be in charge of and under the         2,161        

immediate supervision of a licensed managing manicurist or a       2,162        

licensed managing cosmetologist.  Nail salons shall be equipped    2,163        

to provide potable running hot and cold water and proper           2,164        

drainage, and to sanitize all instruments and supplies used        2,165        

therein in the manicuring of nails or in the practice of massage.  2,166        

Rooms licensed as nail salons shall be used only for the practice  2,167        

of services regulated and licensed under this chapter, and must    2,168        

                                                          50     

                                                                 
be kept in a clean and sanitary condition and be properly          2,169        

ventilated.  Nothing in this section shall be construed to forbid  2,170        

the retailing of cosmetics, creams, lotions, and other items       2,171        

related to the manicuring of nails, including clothing, in a nail  2,172        

salon.  No food shall be sold in rooms used as nail salons.        2,173        

      (C)  Where the owner or operator of a beauty salon, nail     2,175        

salon, or a school of cosmetology has a permit issued under        2,176        

section 4713.25 of the Revised Code, tanning facilities may be     2,177        

operated in beauty salons, nail salons, and schools of             2,178        

cosmetology in accordance with rules that the state board of       2,179        

cosmetology may adopt pertaining to the operation of tanning       2,180        

facilities in beauty salons, nail salons, and schools.             2,181        

      (D)  The owner or operator of a beauty salon or nail salon   2,183        

may provide massage services at the salon if the services are      2,184        

provided in accordance with any rules adopted under section        2,185        

4713.02 of the Revised Code and the person giving the service      2,186        

holds a current, valid certificate issued under section 4731.15    2,187        

of the Revised Code.  Any room used to provide massage services    2,188        

in a salon shall be used for only that purpose and is subject to   2,189        

the requirements relating to cleanliness and ventilation           2,190        

established in division (A) of this section.                       2,191        

      Sec. 4730.12.  (A)  A person seeking to renew a certificate  2,200        

of registration as a physician assistant shall, on or before the   2,201        

thirty-first day of January of each even-numbered year, apply for  2,202        

renewal of the certificate.  The state medical board shall send    2,203        

renewal notices at least one month prior to the expiration date.   2,205        

      Applications shall be submitted to the board on forms the    2,207        

board shall prescribe and furnish.  Each application shall be      2,208        

accompanied by a biennial renewal fee of fifty dollars.  The       2,209        

board shall deposit the fees in accordance with section 4731.24    2,210        

of the Revised Code.                                                            

      The applicant shall report any criminal offense that         2,212        

constitutes grounds for refusing to issue a certificate of         2,214        

registration under section 4730.25 of the Revised Code TO WHICH    2,215        

                                                          51     

                                                                 
THE APPLICANT HAS PLEADED GUILTY, of which the applicant has been  2,217        

found guilty, or to which the applicant has entered a plea of      2,219        

guilty or no contest FOR WHICH THE APPLICANT HAS BEEN FOUND        2,220        

ELIGIBLE FOR TREATMENT IN LIEU OF CONVICTION, since last           2,221        

receiving SIGNING AN APPLICATION FOR a certificate of              2,223        

registration as a physician assistant.                             2,224        

      (B)  To be eligible for renewal, a physician assistant must  2,227        

certify to the board both of the following:                                     

      (1)  That the physician assistant has maintained             2,229        

certification by the national commission on certification of       2,230        

physician assistants by meeting the commission's standards to      2,231        

hold current certification, including completion of continuing     2,232        

medical education requirements and passing periodic                             

recertification examinations;                                      2,233        

      (2)  Except as provided in divisions DIVISION (D) of this    2,236        

section, that the physician assistant has completed during the     2,237        

current registration period not less than one hundred hours of     2,238        

continuing medical education acceptable to the board.  The board   2,239        

shall adopt rules in accordance with Chapter 119. of the Revised   2,241        

Code specifying the types of continuing medical education that     2,242        

must be completed to fulfill the board's requirements.  The board  2,243        

shall not adopt rules that require a physician assistant to        2,245        

complete in any registration period more than one hundred hours    2,246        

of continuing medical education acceptable to the board.  In       2,247        

fulfilling the board's requirements, a physician assistant may                  

use continuing medical education courses or programs completed to  2,248        

maintain certification by the national commission on               2,249        

certification of physician assistants if the commission's          2,250        

standards for acceptable courses and programs are at least         2,251        

equivalent to the standards established by the board.                           

      (C)  If an applicant submits a complete renewal application  2,253        

and qualifies for renewal pursuant to division (B) of this         2,255        

section, the board shall issue to the applicant a renewed          2,256        

certificate of registration as a physician assistant.  The board   2,257        

                                                          52     

                                                                 
may require a random sample of physician assistants to submit      2,258        

materials documenting certification by the national commission on  2,259        

certification of physician assistants and completion of the        2,260        

required number of hours of continuing medical education.          2,261        

      (D)  The board shall provide for pro rata reductions by      2,264        

month of the number of hours of continuing education that must be  2,265        

completed for individuals who are in their first registration      2,266        

period, who have been disabled due to illness or accident, or who  2,267        

have been absent from the country.  The board shall adopt rules,   2,268        

in accordance with Chapter 119. of the Revised Code, as necessary  2,270        

to implement this division.                                                     

      (E)  A certificate of registration that is not renewed on    2,272        

or before its expiration date IS automatically lapses SUSPENDED    2,274        

on that ITS EXPIRATION date.  The state medical board, in its      2,276        

discretion, may SHALL reinstate a lapsed certificate SUSPENDED     2,277        

FOR FAILURE TO RENEW upon the payment AN APPLICANT'S SUBMISSION    2,278        

of all delinquent THE BIENNIAL renewal fees, a FEE, THE            2,280        

APPLICABLE MONETARY penalty of twenty-five dollars, and                         

successful completion of CERTIFICATION THAT the number of hours    2,282        

of continuing education necessary to have a lapsed certificate                  

reinstated HAVE BEEN COMPLETED, as specified in rules the board    2,284        

shall adopt in accordance with Chapter 119. of the Revised Code.   2,285        

THE PENALTY FOR REINSTATEMENT SHALL BE TWENTY-FIVE DOLLARS IF THE  2,287        

CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY     2,288        

DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO    2,289        

YEARS.  THE BOARD SHALL DEPOSIT PENALTIES IN ACCORDANCE WITH                    

SECTION 4731.24 OF THE REVISED CODE.                               2,290        

      (F)  IF AN INDIVIDUAL CERTIFIES THAT THE INDIVIDUAL HAS      2,293        

COMPLETED THE NUMBER OF HOURS AND TYPE OF CONTINUING MEDICAL                    

EDUCATION REQUIRED FOR RENEWAL OR REINSTATEMENT OF A CERTIFICATE   2,294        

OF REGISTRATION AS A PHYSICIAN ASSISTANT, AND THE BOARD FINDS      2,295        

THROUGH A RANDOM SAMPLE CONDUCTED UNDER DIVISION (C) OF THIS       2,297        

SECTION OR THROUGH ANY OTHER MEANS THAT THE INDIVIDUAL DID NOT     2,298        

COMPLETE THE REQUISITE CONTINUING MEDICAL EDUCATION, THE BOARD     2,299        

                                                          53     

                                                                 
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND                       

DOLLARS.  THE BOARD'S FINDING SHALL BE MADE PURSUANT TO AN         2,300        

ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE AND BY AN      2,302        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS.                    2,303        

      A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN        2,305        

ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE      2,306        

UNDER SECTION 4730.25 OF THE REVISED CODE.  THE BOARD SHALL        2,308        

DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE  2,309        

REVISED CODE.                                                                   

      Sec. 4730.25.  (A)  The state medical board, pursuant to an  2,318        

adjudication under Chapter 119. of the Revised Code and by a AN    2,320        

AFFIRMATIVE vote of not fewer than six members, may revoke or may  2,321        

refuse to grant a certificate of registration as a physician       2,322        

assistant to a person found by the board to have committed fraud,  2,323        

misrepresentation, or deception in applying for or securing the    2,324        

certificate.                                                       2,325        

      (B)  The board, pursuant to an adjudication under Chapter    2,328        

119. of the Revised Code and by a AN AFFIRMATIVE vote of not       2,329        

fewer than six members, shall, to the extent permitted by law,     2,330        

limit, revoke, or suspend a AN INDIVIDUAL'S certificate of         2,331        

registration as a physician assistant, refuse to issue a           2,332        

certificate to an applicant, refuse to reinstate a certificate,    2,333        

or reprimand or place on probation the holder of a certificate     2,334        

for any of the following reasons:                                  2,335        

      (1)  Failure to practice in accordance with the conditions   2,338        

under which the supervising physician's supervision agreement      2,339        

with the physician assistant was approved, including the           2,340        

requirement that when practicing under a particular supervising    2,341        

physician, the physician assistant must practice only according    2,342        

to the standard or supplemental utilization plan the board         2,343        

approved for that physician;                                                    

      (2)  Failure to comply with the requirements of this         2,345        

chapter, Chapter 4731. of the Revised Code, or any rules adopted   2,346        

by the board;                                                      2,347        

                                                          54     

                                                                 
      (3)  Violating or attempting to violate, directly or         2,349        

indirectly, or assisting in or abetting the violation of, or       2,350        

conspiring to violate, any provision of this chapter, Chapter      2,352        

4731. of the Revised Code, or the rules adopted by the board;      2,353        

      (4)  Inability to practice according to acceptable and       2,356        

prevailing standards of care by reason of mental illness or        2,357        

physical illness, including physical deterioration that adversely  2,358        

affects cognitive, motor, or perceptive skills;                                 

      (5)  Impairment of ability to practice according to          2,360        

acceptable and prevailing standards of care because of habitual    2,361        

or excessive use or abuse of drugs, alcohol, or other substances   2,362        

that impair ability to practice;                                   2,363        

      (6)  Administering drugs for purposes other than those       2,365        

authorized under this chapter;                                     2,366        

      (7)  Willfully betraying a professional confidence;          2,368        

      (8)  Soliciting patients or publishing MAKING a false,       2,370        

fraudulent, deceptive, or misleading statement.  As IN SOLICITING  2,372        

OR ADVERTISING FOR PATIENTS, IN RELATION TO THE PRACTICE OF        2,374        

MEDICINE AS IT PERTAINS TO PHYSICIAN ASSISTANTS, OR IN SECURING    2,375        

OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO PRACTICE  2,376        

AS A PHYSICIAN ASSISTANT OR APPROVAL OF A SUPERVISION AGREEMENT.   2,377        

      AS used in this division, "false, fraudulent, deceptive, or  2,380        

misleading statement" means a statement that includes a            2,381        

misrepresentation of fact, is likely to mislead or deceive         2,382        

because of a failure to disclose material facts, is intended or    2,383        

is likely to create false or unjustified expectations of           2,384        

favorable results, or includes representations or implications     2,385        

that in reasonable probability will cause an ordinarily prudent    2,386        

person to misunderstand or be deceived.                                         

      (9)  Representing, with the purpose of obtaining             2,388        

compensation or other advantage personally or for any other        2,389        

person, that an incurable disease or injury, or other incurable    2,390        

condition, can be permanently cured;                               2,391        

      (10)  The obtaining of, or attempting to obtain, money or    2,393        

                                                          55     

                                                                 
anything of value by fraudulent misrepresentations in the course   2,394        

of practice;                                                       2,395        

      (11)  A plea of guilty to, or a judicial finding of guilt    2,398        

of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF  2,399        

CONVICTION FOR, a felony;                                                       

      (12)  Commission of an act that constitutes a felony in      2,401        

this state, regardless of the jurisdiction in which the act was    2,402        

committed;                                                         2,403        

      (13)  A plea of guilty to, or a judicial finding of guilt    2,406        

of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF  2,407        

CONVICTION FOR, a misdemeanor committed in the course of                        

practice;                                                          2,408        

      (14)  A plea of guilty to, or a judicial finding of guilt    2,411        

of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF  2,412        

CONVICTION FOR, a misdemeanor involving moral turpitude;           2,413        

      (15)  Commission of an act IN THE COURSE OF PRACTICE that    2,415        

constitutes a misdemeanor in this state, regardless of the         2,417        

jurisdiction in which the act was committed, if the act was        2,418        

committed in the course of practice;                                            

      (16)  Commission of an act INVOLVING MORAL TURPITUDE that    2,420        

constitutes a misdemeanor in this state, regardless of the         2,421        

jurisdiction in which the act was committed, if the act involves   2,422        

moral turpitude;                                                                

      (17)  Trafficking in drugs, or a A plea of guilty to or, a   2,425        

judicial finding of guilt of, OR A JUDICIAL FINDING OF             2,426        

ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR violating any  2,427        

state or federal law regulating the possession, distribution, or   2,428        

use of any drug, INCLUDING TRAFFICKING IN DRUGS;                   2,429        

      (18)  The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE    2,432        

AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF PHYSICIAN                     

ASSISTANTS IN ANOTHER STATE, FOR ANY REASON OTHER THAN THE         2,433        

NONPAYMENT OF FEES:  THE limitation, revocation, or suspension by  2,434        

another state of a AN INDIVIDUAL'S license, certificate, or        2,437        

registration to practice issued by the proper licensing authority  2,438        

                                                          56     

                                                                 
of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE          2,439        

SURRENDER; DENIAL OF A LICENSE; refusal to license, certify,       2,440        

register, RENEW or reinstate an applicant by that authority, the   2,441        

A LICENSE; imposition of probation by that authority,; or the      2,442        

issuance of an order of censure or other reprimand by that         2,443        

authority for any reason, other than nonpayment of fees;           2,444        

      (19)  A departure from, or failure to conform to, minimal    2,447        

standards of care of similar physician assistants under the same   2,448        

or similar circumstances, regardless of whether actual injury to   2,449        

a patient is established;                                                       

      (20)  Violation of the conditions placed by the board on a   2,452        

certificate of registration, physician assistant utilization       2,453        

plan, or supervision agreement;                                                 

      (21)  Violation of the conditions on which a temporary       2,456        

certificate of registration is issued;                                          

      (22)  Failure to use universal blood and body fluid          2,458        

precautions established by rules adopted under section 4731.051    2,459        

of the Revised Code;                                               2,460        

      (23)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY  2,462        

THE BOARD UNDER SECTION 4730.26 OF THE REVISED CODE, INCLUDING     2,464        

FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR  2,465        

FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT  2,466        

A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE    2,467        

TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS    2,468        

FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT          2,469        

JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA    2,470        

OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE    2,471        

IN ISSUE.                                                                       

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           2,473        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   2,475        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT     2,476        

THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A        2,477        

CONSENT AGREEMENT WITH A PHYSICIAN ASSISTANT OR APPLICANT TO       2,478        

RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE   2,479        

                                                          57     

                                                                 
ADOPTED UNDER IT.  A CONSENT AGREEMENT, WHEN RATIFIED BY AN        2,480        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD,       2,481        

SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT  2,483        

TO THE MATTER ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES    2,484        

TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS         2,485        

CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR         2,486        

EFFECT.                                                                         

      (D)  For purposes of divisions (B)(12), (15), and (16) of    2,488        

this section, the commission of the act may be established by a    2,489        

finding by the board, pursuant to an adjudication under Chapter    2,491        

119. of the Revised Code, that the applicant or certificate        2,492        

holder committed the act in question.  The board shall have no                  

jurisdiction under these divisions in cases where the trial court  2,493        

renders a final judgment in the certificate holder's favor and     2,494        

that judgment is based upon an adjudication on the merits.  The    2,495        

board shall have jurisdiction under these divisions in cases       2,496        

where the trial court issues an order of dismissal upon technical  2,497        

or procedural grounds.                                             2,498        

      (E)  The sealing of conviction records by any court shall    2,500        

have no effect upon a prior board order entered under the          2,502        

provisions of this section or upon the board's jurisdiction to     2,503        

take action under the provisions of this section if a notice of    2,504        

opportunity for hearing has been issued, based upon conviction, a  2,505        

plea of guilty, or a judicial finding of guilt, OR A JUDICIAL      2,507        

FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION, THE    2,509        

BOARD ISSUED A NOTICE OF OPPORTUNITY FOR HEARING prior to the      2,510        

court's order to seal the records.  THE BOARD SHALL NOT BE         2,511        

REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS         2,512        

RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS.      2,513        

      (D)(F)  For purposes of this division, any individual who    2,516        

holds a certificate of registration issued under this chapter, or  2,517        

applies for a certificate of registration, shall be deemed to      2,518        

have given consent to submit to a mental or physical examination   2,519        

when directed to do so in writing by the board and to have waived  2,520        

                                                          58     

                                                                 
all objections to the admissibility of testimony or examination    2,521        

reports that constitute a privileged communication.                2,522        

      (1)  In enforcing division (B)(4) of this section, the       2,525        

board, upon a showing of a possible violation, may compel any      2,526        

individual who holds a certificate of registration issued under    2,527        

this chapter or who has applied for a certificate of registration  2,528        

pursuant to this chapter to submit to a mental or EXAMINATION,     2,529        

physical examination, INCLUDING AN HIV TEST, or both, as required  2,530        

by and at the expense of the board A MENTAL AND PHYSICAL           2,531        

EXAMINATION.  THE EXPENSE OF THE EXAMINATION IS THE                2,532        

RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED.         2,533        

Failure of any individual to submit to a mental or physical        2,535        

examination when directed OR CONSENT TO AN HIV TEST ORDERED BY     2,536        

THE BOARD constitutes an admission of the allegations against the  2,537        

individual unless the failure is due to circumstances beyond the   2,538        

individual's control, and a default and final order may be         2,539        

entered without the taking of testimony or presentation of                      

evidence.  If the board finds a physician assistant unable to      2,540        

practice because of the reasons set forth in this division (B)(4)  2,542        

OF THIS SECTION, the board shall require the physician assistant   2,543        

to submit to care, counseling, or treatment by physicians          2,544        

approved or designated by the board, as a condition for an         2,545        

initial, continued, reinstated, or renewed certificate of          2,546        

registration.  An individual affected under this division shall    2,547        

be afforded an opportunity to demonstrate to the board the         2,548        

ability to resume practicing in compliance with acceptable and     2,549        

prevailing standards of care.                                                   

      (2)  For purposes of division (B)(5) of this section, if     2,552        

the board has reason to believe that any individual who holds a    2,553        

certificate of registration issued under this chapter or any       2,554        

applicant for a certificate of registration suffers such                        

impairment, the board may compel the individual to submit to a     2,555        

mental or physical examination, or both.  The EXPENSE OF THE       2,556        

examination shall be at IS the expense RESPONSIBILITY of the       2,558        

                                                          59     

                                                                 
board INDIVIDUAL COMPELLED TO BE EXAMINED.  Any mental or          2,559        

physical examination required under this division shall be         2,561        

undertaken by a treatment provider or physician qualified to       2,562        

conduct such examination and chosen by the board.                  2,563        

      Failure of the individual to submit to a mental or physical  2,566        

examination ordered by the board constitutes an admission of the   2,568        

allegations against the individual unless the failure is due to    2,569        

circumstances beyond the individual's control, and a default and   2,570        

final order may be entered without the taking of testimony or      2,571        

presentation of evidence.  If the board determines that the        2,572        

individual's ability to practice is impaired, the board shall      2,573        

suspend the individual's certificate or deny the individual's                   

application and shall require the individual, as a condition for   2,575        

initial, continued, reinstated, or renewed licensure to practice,  2,576        

to submit to treatment.                                            2,577        

      Before being eligible to apply for reinstatement of a        2,579        

certificate suspended under this division, the physician           2,580        

assistant shall demonstrate to the board the ability to resume     2,581        

practice in compliance with acceptable and prevailing standards    2,582        

of care.  The demonstration shall include the following:           2,584        

      (a)  Certification from a treatment provider approved under  2,587        

section 4731.25 of the Revised Code that the individual has        2,588        

successfully completed any required inpatient treatment;           2,589        

      (b)  Evidence of continuing full compliance with an          2,592        

aftercare contract or consent agreement;                                        

      (c)  Two written reports indicating that the individual's    2,595        

ability to practice has been assessed and that the individual has  2,596        

been found capable of practicing according to acceptable and                    

prevailing standards of care.  The reports shall be made by        2,597        

individuals or providers approved by the board for making such     2,598        

assessments and shall describe the basis for this THEIR            2,599        

determination.                                                     2,600        

      The board may reinstate a certificate suspended under this   2,603        

division after such demonstration and after the individual has     2,604        

                                                          60     

                                                                 
entered into a written consent agreement.                                       

      When the impaired physician assistant resumes practice, the  2,607        

board shall require continued monitoring of the physician                       

assistant, which.  THE MONITORING shall include compliance with    2,609        

the written consent agreement entered into before reinstatement    2,610        

or with conditions imposed by board order after a hearing, and,    2,611        

upon termination of the consent agreement, submission to the       2,612        

board for at least two years of annual written progress reports    2,613        

made under penalty of falsification stating whether the physician  2,614        

assistant has maintained sobriety.                                 2,615        

      (E)(G)  If the secretary and supervising member determine    2,618        

that there is clear and convincing evidence that a physician       2,619        

assistant has violated division (B) of this section and that the   2,620        

individual's continued practice presents a danger of immediate     2,621        

and serious harm to the public, they may recommend that the board  2,622        

suspend the individual's certificate to practice without a prior   2,624        

hearing.  Written allegations shall be prepared for consideration  2,625        

by the board members.                                                           

      The board, upon review of those allegations and by a AN      2,627        

AFFIRMATIVE vote of not fewer than six of its members, excluding   2,629        

the secretary and supervising member, may suspend a certificate    2,630        

without a prior hearing.  A telephone conference call may be       2,631        

utilized for reviewing the allegations and taking the vote ON THE  2,632        

SUMMARY SUSPENSION.                                                2,633        

      The board shall issue a written order of suspension by       2,635        

certified mail or in person in accordance with section 119.07 of   2,636        

the Revised Code.  The order shall not be subject to suspension    2,638        

by the court during pendency of any appeal filed under section     2,639        

119.12 of the Revised Code.  If the physician assistant requests   2,640        

an adjudicatory hearing by the board, the date set for the         2,641        

hearing shall be within fifteen days, but not earlier than seven   2,642        

days, after the physician assistant requests the hearing, unless   2,643        

otherwise agreed to by both the board and the certificate holder.  2,644        

      A summary suspension imposed under this division shall       2,646        

                                                          61     

                                                                 
remain in effect, unless reversed on appeal, until a final         2,647        

adjudicative order issued by the board pursuant to this section    2,648        

and Chapter 119. of the Revised Code becomes effective.   The      2,650        

board shall issue its final adjudicative order within sixty days   2,651        

after completion of its hearing.  Failure to issue the order       2,652        

within sixty days shall result in dissolution of the summary       2,653        

suspension order, but shall not invalidate any subsequent, final   2,654        

adjudicative order.                                                             

      (F)(H)  If the board should take TAKES action under          2,657        

division (B)(11), (13), or (14) of this section, and the           2,658        

conviction, judicial finding of guilt, or guilty plea, OR          2,660        

JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF           2,661        

CONVICTION is overturned on appeal, upon exhaustion of the         2,662        

criminal appeal, a petition for reconsideration of the order may   2,663        

be filed with the board along with appropriate court documents.    2,664        

Upon receipt of a petition and supporting court documents, the     2,665        

board shall reinstate the petitioner's certificate OF              2,666        

REGISTRATION.  The board may then hold an adjudication UNDER       2,667        

CHAPTER 119. OF THE REVISED CODE to determine whether the          2,668        

individual committed the act in question.  Notice of opportunity   2,670        

for hearing shall be given in accordance with Chapter 119. of the  2,671        

Revised Code.  If the board finds, pursuant to an adjudication     2,672        

held under this division, that the individual committed the act,   2,673        

or if no hearing is requested, it may order any of the sanctions   2,674        

identified under division (B) of this section.                     2,675        

      (G)(I)  The certificate of registration of a physician       2,678        

assistant and the physician assistant's practice in this state     2,680        

are automatically suspended as of the date the physician           2,681        

assistant pleads guilty to, OR is found by a judge or jury to be   2,683        

guilty of, or is subject to a judicial finding of eligibility for  2,684        

treatment in lieu of conviction for either ANY of the following:   2,686        

      (1)  In this state, aggravated CRIMINAL OFFENSES IN THIS     2,688        

STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER    2,689        

JURISDICTION:  AGGRAVATED murder, murder, voluntary manslaughter,  2,691        

                                                          62     

                                                                 
felonious assault, kidnapping, rape, sexual battery, gross sexual  2,692        

imposition, aggravated arson, aggravated robbery, or aggravated    2,693        

burglary;                                                                       

      (2)  In another jurisdiction, any criminal offense           2,695        

substantially equivalent to those specified in division (G)(1) of  2,696        

this section.  CONTINUED                                                        

      Continued practice after the suspension shall be considered  2,701        

practicing without a certificate.  The                             2,702        

      THE board shall notify the individual subject to the         2,705        

suspension by certified mail or in person in accordance with                    

section 119.07 of the Revised Code.  If an individual whose        2,706        

certificate is suspended under this division fails to make a       2,707        

timely request for an adjudicatory hearing ADJUDICATION UNDER      2,709        

CHAPTER 119. OF THE REVISED CODE, the board shall enter a final    2,710        

order PERMANENTLY revoking the INDIVIDUAL'S certificate OF         2,711        

REGISTRATION.                                                      2,712        

      (H)(J)  In any instance in which the board is required by    2,715        

Chapter 119. of the Revised Code to give notice of opportunity     2,717        

for hearing and the applicant or certificate holder INDIVIDUAL     2,718        

SUBJECT TO THE NOTICE does not timely request a hearing in                      

accordance with section 119.07 of the Revised Code, the board is   2,720        

not required to hold a hearing, but may adopt, by a AN             2,721        

AFFIRMATIVE vote of not fewer than six of its members, a final     2,723        

order that contains the board's findings.  In that final order,    2,724        

the board may order any of the sanctions identified under          2,725        

division (A) OR (B) of this section.                               2,726        

      (I)(K)  Any action taken by the board under division (B) of  2,729        

this section resulting in a suspension shall be accompanied by a   2,730        

written statement of the conditions under which the physician      2,731        

assistant ASSISTANT'S CERTIFICATE may be reinstated.  The board    2,732        

shall adopt rules in accordance with Chapter 119. of the Revised   2,734        

Code governing conditions to be imposed for reinstatement.         2,736        

Reinstatement of a certificate suspended pursuant to division (B)  2,737        

of this section requires an affirmative vote of not fewer than     2,738        

                                                          63     

                                                                 
six members of the board.                                                       

      (J)  An individual's failure to renew a certificate of       2,740        

registration as a physician assistant shall have no effect on the  2,741        

board's jurisdiction to take any action under this section         2,742        

against the individual.                                                         

      (K)(L)  WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF     2,745        

REGISTRATION AS A PHYSICIAN ASSISTANT TO AN APPLICANT, REVOKES AN  2,747        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO ISSUE A       2,748        

CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN            2,749        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY    2,750        

THAT ITS ACTION IS PERMANENT.  AN INDIVIDUAL SUBJECT TO A          2,751        

PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER          2,752        

INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS A PHYSICIAN    2,753        

ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR        2,754        

REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW          2,755        

CERTIFICATE.                                                                    

      (M)  Notwithstanding any other provision of the Revised      2,758        

Code, ALL OF the FOLLOWING APPLY:                                               

      (1)  THE surrender of a certificate of registration as a     2,761        

physician assistant issued under this chapter is not effective     2,762        

UNLESS OR until accepted by the board.  Reinstatement of a         2,764        

certificate surrendered to the board requires an affirmative vote  2,765        

of not fewer than six members of the board.                                     

      Notwithstanding any other provision of the Revised Code, no  2,768        

(2)  AN application made under this chapter for a certificate of   2,769        

registration, approval of a standard or supplemental utilization   2,770        

plan, or approval of a supervision agreement may NOT be withdrawn  2,771        

without approval of the board.                                                  

      (3)  FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF      2,774        

REGISTRATION IN ACCORDANCE WITH SECTION 4730.12 OF THE REVISED     2,775        

CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE    2,776        

DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL.     2,777        

      Sec. 4730.26.  (A)  The state medical board shall            2,787        

investigate evidence that appears to show that any person has      2,788        

                                                          64     

                                                                 
violated this chapter or a rule adopted under it.  Any person may  2,789        

report to the board in a signed writing any information the                     

person has that appears to show a violation of any provision of    2,790        

this chapter or rule adopted under it.  In the absence of bad      2,791        

faith, a person who reports such information or testifies before   2,792        

the board in an adjudication hearing CONDUCTED UNDER CHAPTER 119.  2,793        

OF THE REVISED CODE shall not be liable for civil damages as a     2,794        

result of reporting the information or providing testimony.  EACH  2,796        

      Each complaint or allegation of a violation received by the  2,799        

board shall be assigned a case number and be recorded by the                    

board.  Information received by the board pursuant to an           2,800        

investigation is confidential and not subject to discovery in any  2,801        

civil action.                                                      2,802        

      (B)  Investigations of alleged violations of this chapter    2,804        

or rules adopted under it shall be supervised by the supervising   2,805        

member elected by the board in accordance with section 4731.02 of  2,806        

the Revised Code and by the secretary as provided in section       2,808        

4730.33 of the Revised Code.  The president may designate another  2,809        

member of the board to supervise the investigation in place of     2,810        

the supervising member.  A member of the board who supervises the  2,811        

investigation of a case shall not participate in further           2,812        

adjudication of the case.                                                       

      (C)  In investigating a possible violation of this chapter   2,814        

or a rule adopted under it, the board may administer oaths, order  2,815        

the taking of depositions, issue subpoenas, and compel the         2,816        

attendance of witnesses and production of books, accounts,         2,817        

papers, records, documents, and testimony, except that a subpoena  2,818        

for patient record information shall not be issued without         2,819        

consultation with the attorney general's office and approval of    2,820        

the secretary of the board, the AND supervising member, and a      2,821        

member of the board who is authorized under Chapter 4731. of the   2,823        

Revised Code to practice medicine and surgery, osteopathic         2,824        

medicine and surgery, or podiatry.  Before issuance of a subpoena  2,825        

FOR PATIENT RECORD INFORMATION, the three board members SECRETARY  2,826        

                                                          65     

                                                                 
AND SUPERVISING MEMBER shall determine whether there is probable   2,827        

cause to believe that the complaint filed alleges a violation of   2,828        

this chapter or a rule adopted under it and that the records       2,829        

sought are relevant to the alleged violation and material to the   2,830        

investigation.  The SUBPOENA MAY APPLY ONLY TO records must THAT   2,832        

cover a reasonable period of time surrounding the alleged          2,833        

violation.  On                                                                  

      ON failure to comply with any subpoena issued by the board   2,836        

and after reasonable notice to the person being subpoenaed, the    2,837        

board may move for an order compelling the production of persons   2,838        

or records pursuant to the Rules of Civil Procedure.  Each         2,839        

officer                                                                         

      A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,   2,841        

THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE        2,842        

BOARD.  SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY   2,844        

DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN,     2,845        

READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL      2,846        

PLACE OF RESIDENCE.  WHEN THE PERSON BEING SERVED IS A PHYSICIAN   2,847        

ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED MAIL,  2,848        

RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE SUBPOENA    2,849        

SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR THE DATE    2,850        

THE PERSON REFUSES TO ACCEPT DELIVERY.                             2,851        

      A SHERIFF'S DEPUTY who serves such A subpoena shall receive  2,854        

the same fees as a sheriff, and each.  EACH witness who appears    2,855        

before the board in obedience to a subpoena shall receive the      2,856        

fees and mileage provided for witnesses in civil cases in the                   

courts of common pleas.                                            2,857        

      (D)  All hearings and investigations of the board shall be   2,859        

considered civil actions for the purposes of section 2305.251 of   2,860        

the Revised Code.                                                  2,861        

      (E)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        2,863        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  2,864        

CIVIL ACTION.                                                      2,865        

      The board shall conduct all investigations and proceedings   2,868        

                                                          66     

                                                                 
in such a manner as to protect patient THAT PROTECTS THE           2,869        

confidentiality OF PATIENTS AND PERSONS WHO FILE COMPLAINTS WITH   2,871        

THE BOARD.  The board shall not make public THE names or ANY       2,872        

other identifying information about patients OR COMPLAINANTS       2,873        

unless proper consent is given or, IN THE CASE OF A PATIENT, a     2,874        

waiver of the patient privilege exists under division (B) of       2,875        

section 2317.02 of the Revised Code, except that consent or a      2,876        

waiver is not required if the board possesses reliable and         2,877        

substantial evidence that no bona fide physician-patient           2,879        

relationship exists.                                                            

      (B)  THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES         2,882        

PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND        2,883        

PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND        2,884        

GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL  2,885        

MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER             2,886        

GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING        2,887        

ALLEGED CRIMINAL OFFENSES.  A BOARD OR AGENCY THAT RECEIVES THE    2,888        

INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING      2,889        

CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST   2,890        

COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED                

CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE     2,891        

BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS           2,892        

POSSESSION.  THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A    2,893        

CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE   2,894        

COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE  2,895        

THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF     2,896        

THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING           2,897        

INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY   2,898        

WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS  2,899        

IN THE BOARD'S POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY                  

THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR      2,901        

DELETING SPECIFIC INFORMATION FROM ITS RECORDS.                    2,902        

      (F)  The state medical board shall develop requirements for  2,905        

and provide appropriate initial and continuing training for        2,906        

                                                          67     

                                                                 
investigators employed by the board to carry out its duties under  2,907        

this chapter.  The training and continuing education may include   2,908        

enrollment in courses operated or approved by the Ohio peace       2,909        

officer training council that the board considers appropriate      2,910        

under conditions set forth in section 109.79 of the Revised Code.  2,911        

      (C)(G)  On a quarterly basis, the board shall prepare a      2,914        

report that documents the disposition of all cases during the      2,915        

preceding three months.  The report shall contain the following    2,916        

information for each case with which the board has completed its   2,917        

activities:                                                                     

      (1)  The case number assigned to the complaint or alleged    2,920        

violation pursuant to division (A) of this section;                2,921        

      (2)  The type of certificate to practice, if any, held by    2,924        

the individual against whom the complaint is directed;                          

      (3)  A description of the allegations contained in the       2,926        

complaint;                                                         2,927        

      (4)  The disposition of the case.                            2,929        

      The report shall state how many cases are still pending,     2,931        

and shall be prepared in such a manner as to protect THAT          2,932        

PROTECTS the identity of each person involved in each case.  The   2,934        

report shall be submitted to the physician assistant policy        2,935        

committee of the board and is a public record for purposes of      2,936        

section 149.43 of the Revised Code.                                2,937        

      Sec. 4730.27.  If the state medical board has reason to      2,947        

believe that any person who has been granted a certificate of                   

registration under this chapter is mentally ill or mentally        2,948        

incompetent, it may file in the probate court of the county in     2,949        

which such person has a legal residence an affidavit in the form   2,950        

prescribed in section 5122.11 of the Revised Code and signed by    2,952        

the board secretary or a member of the secretary's staff,                       

whereupon the same proceedings shall be had as provided in         2,953        

Chapter 5122. of the Revised Code.  The attorney general may       2,955        

represent the board in any proceeding commenced under this         2,956        

section.                                                                        

                                                          68     

                                                                 
      If a physician assistant is adjudged by a probate court to   2,959        

be mentally ill or mentally incompetent, the individual's          2,960        

certificate of registration shall be automatically suspended       2,961        

until the individual has filed with the board a certified copy of  2,962        

an adjudication by a probate court of being restored to            2,963        

competency or has submitted to the board proof, satisfactory to    2,964        

the board, of having been discharged as being restored to          2,965        

competency in the manner and form provided in section 5122.38 of   2,966        

the Revised Code.  The judge of the court shall immediately        2,968        

notify the board of an adjudication of incompetence and note any   2,969        

suspension of a certificate in the margin of the court's record    2,970        

of the certificate.  In the absence of fraud or bad faith,         2,971        

neither the board nor any member, agent, representative, or        2,972        

employee of the board shall be held liable in damages by any       2,973        

person by reason of the filing of the affidavit referred to in     2,974        

this section.                                                                   

      Sec. 4730.31.  (A)  As used in this section, "prosecutor"    2,984        

has the same meaning as in section 2935.01 of the Revised Code.    2,985        

      (B)  Whenever any person holding a valid certificate issued  2,988        

pursuant to this chapter pleads guilty to or is convicted of, IS   2,989        

SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A      2,990        

JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF                        

CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of    2,992        

the Revised Code or of any substantively comparable ordinance of   2,993        

a municipal corporation in connection with practicing as a         2,994        

physician assistant, the prosecutor in the case shall, on forms    2,995        

prescribed and provided by the state medical board, promptly       2,996        

notify the board of the conviction.   Within thirty days of        2,997        

receipt of such information, the board shall initiate action in    2,998        

accordance with Chapter 119. of the Revised Code to determine      3,000        

whether to suspend or revoke the certificate under section         3,001        

4730.31 of the Revised Code.                                       3,002        

      (C)  The prosecutor in any case against any person holding   3,005        

a valid certificate issued pursuant to this chapter shall, on      3,006        

                                                          69     

                                                                 
forms prescribed and provided by the state medical board, notify   3,007        

the board of any of the following:                                              

      (1)  A plea of guilty to, or a judicial finding of guilt     3,009        

of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF    3,010        

CONVICTION FOR a felony, or a case where the trial court issues    3,011        

an order of dismissal upon technical or procedural grounds of a    3,012        

felony charge;                                                     3,013        

      (2)  A plea of guilty to, or a judicial finding of guilt     3,015        

of, OR JUDICIAL FINDING OR ELIGIBILITY FOR TREATMENT IN LIEU OF    3,016        

CONVICTION FOR a misdemeanor committed in the course of practice,  3,017        

or a case where the trial court issues an order of dismissal upon  3,018        

technical or procedural grounds of a charge of a misdemeanor, if   3,019        

the alleged act was committed in the course of practice;           3,020        

      (3)  A plea of guilty to, or a judicial finding of guilt     3,022        

of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF    3,023        

CONVICTION FOR a misdemeanor involving moral turpitude, or a case  3,024        

where the trial court issues an order of dismissal upon technical  3,025        

or procedural grounds of a charge of a misdemeanor involving       3,026        

moral turpitude.                                                   3,027        

      The report shall include the name and address of the         3,029        

certificate holder, the nature of the offense for which the        3,030        

action was taken, and the certified court documents recording the  3,031        

action.                                                            3,032        

      Sec. 4730.32.  (A)  Within sixty days after the completion   3,042        

IMPOSITION of any formal disciplinary procedure ACTION taken by    3,043        

any HEALTH CARE FACILITY, INCLUDING A hospital, HEALTH CARE        3,044        

FACILITY OPERATED BY AN INSURING CORPORATION, AMBULATORY SURGICAL  3,045        

CENTER, or other health care SIMILAR facility, against any person  3,046        

INDIVIDUAL holding a valid certificate of registration as a        3,047        

physician assistant, the chief administrator or executive officer  3,048        

of the facility shall report to the state medical board the name   3,049        

of the certificate holder INDIVIDUAL, the action taken by the      3,050        

facility, and a summary of the underlying facts leading to the     3,051        

action taken.  Upon request, the board shall be provided           3,052        

                                                          70     

                                                                 
CERTIFIED copies of the patient records minus patient identifiers  3,053        

which THAT were the basis for the facility's action.   Prior to    3,054        

release to the board, the summary shall be approved by the peer    3,055        

review committee which THAT reviewed the case or by the governing  3,057        

board of the facility.                                                          

      The filing or nonfiling of a report with the board OR        3,059        

DECISION NOT TO FILE A REPORT, investigation by the board, or any  3,060        

disciplinary action taken by the board, shall DOES not preclude a  3,061        

health care facility from taking disciplinary action against a     3,063        

physician assistant.                                                            

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       3,065        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  3,066        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     3,067        

      (B)  Any A physician assistant, PROFESSIONAL ASSOCIATION OR  3,070        

society of physician assistants, physician, or PROFESSIONAL        3,071        

ASSOCIATION OR society of physicians, OR HEALTH CARE FACILITY      3,072        

that believes a violation of any provision of this chapter,        3,073        

Chapter 4731. of the Revised Code, or rule of the board has        3,075        

occurred shall report to the board the information upon which the  3,077        

belief is based.  This division does not require any person or     3,078        

organization that is a treatment provider approved by the board    3,079        

under section 4731.25 of the Revised Code or any employee, agent,  3,080        

or representative of such a provider to make reports with respect  3,081        

to a physician assistant participating in treatment or aftercare   3,082        

so FOR SUBSTANCE ABUSE AS long as the physician assistant          3,084        

maintains participation in accordance with the requirements of     3,085        

section 4731.25 of the Revised Code and the person TREATMENT       3,086        

PROVIDER or organization EMPLOYEE, AGENT, OR REPRESENTATIVE OF     3,087        

THE PROVIDER has no reason to believe that the physician           3,088        

assistant has violated any provision of this chapter or rule       3,089        

adopted under it, other than being impaired by alcohol, drugs, or  3,090        

other substances.  This division does not require reporting by     3,091        

any member of an impaired practitioner committee established by a  3,092        

hospital HEALTH CARE FACILITY or by any representative or agent    3,093        

                                                          71     

                                                                 
of a committee or program sponsored by a professional association  3,095        

OR SOCIETY of physician assistants to provide peer assistance to   3,097        

physician assistants with substance abuse problems with respect    3,098        

to a physician assistant who has been referred for examination to  3,099        

a treatment program approved by the board under section 4731.25    3,100        

of the Revised Code if the physician assistant cooperates with     3,101        

the referral for examination and with any determination that the   3,102        

physician assistant should enter treatment and so AS long as the   3,104        

committee member, representative, or agent has no reason to        3,105        

believe that the physician assistant has ceased to participate in  3,106        

the treatment program in accordance with section 4731.25 of the    3,107        

Revised Code or has violated any provision of this chapter or      3,108        

rule adopted under it, other than being impaired by alcohol,       3,109        

drugs, or other substances.                                                     

      (C)  Any professional ASSOCIATION OR society composed        3,111        

primarily of physician assistants that suspends or revokes an      3,112        

individual's membership in that society for violations of          3,113        

professional ethics, or for reasons of professional incompetence   3,114        

or professional malpractice, within sixty days after a final       3,115        

decision, shall report to the board, on forms prescribed and       3,116        

provided by the board, the name of the member INDIVIDUAL, the      3,117        

action taken by the society PROFESSIONAL ORGANIZATION, and a       3,119        

summary of the underlying facts leading to the action taken.       3,120        

      The filing or nonfiling of a report with the board,          3,122        

investigation by the board, or any disciplinary action taken by    3,123        

the board, shall not preclude a professional society ORGANIZATION  3,125        

from taking disciplinary action against a physician assistant.     3,126        

      (D)  Any insurer providing professional liability insurance  3,129        

to any person holding a valid certificate of registration as a     3,130        

physician assistant or any other entity that seeks to indemnify    3,131        

the professional liability of a physician assistant shall notify   3,132        

the board within thirty days after the final disposition of any    3,133        

written claim for damages where such disposition results in a      3,134        

payment exceeding twenty-five thousand dollars.  The notice shall  3,135        

                                                          72     

                                                                 
contain the following information:                                              

      (1)  The name and address of the person submitting the       3,137        

notification;                                                      3,138        

      (2)  The name and address of the insured who is the subject  3,141        

of the claim;                                                                   

      (3)  The name of the person filing the written claim;        3,143        

      (4)  The date of final disposition;                          3,145        

      (5)  If applicable, the identity of the court in which the   3,148        

final disposition of the claim took place.                                      

      (E)  On the basis of the reporting provisions in this        3,151        

section, the THE board may investigate possible violations of                   

this chapter or the rules adopted under it.  The board may also    3,152        

investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF THE   3,153        

REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD      3,155        

SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES    3,156        

repeated malpractice.  As used in this division, "repeated         3,158        

malpractice" means three or more claims for malpractice within     3,159        

the previous A five-year period, each resulting in a judgment or   3,161        

settlement in excess of twenty-five thousand dollars in favor of   3,162        

the claimant, and each involving negligent conduct by the          3,163        

physician assistant.                                                            

      (F)  All summaries, reports, and records received and        3,166        

maintained by the board pursuant to this section shall be held in  3,167        

confidence and shall not be subject to discovery or introduction   3,168        

in evidence in any federal or state civil action involving a       3,169        

physician assistant, supervising physician, or health care                      

facility arising out of matters that are the subject of such THE   3,171        

reporting to the board REQUIRED BY THIS SECTION.  The board may    3,172        

use the information obtained only as the basis for an              3,174        

investigation, as evidence in a disciplinary hearing against a     3,175        

physician assistant or supervising physician, or in any                         

subsequent trial or appeal of a board action or order.             3,177        

      The board may disclose the summaries and reports it          3,179        

receives under this section only to health care facility           3,180        

                                                          73     

                                                                 
committees within or outside this state that are involved in       3,182        

credentialing or recredentialing a physician assistant or          3,183        

supervising physician or reviewing their privilege to practice     3,185        

within a particular facility.  The board shall indicate whether    3,186        

or not the information has been verified.  Information thus        3,187        

transmitted by the board shall be subject to the same                           

confidentiality provisions as when maintained by the board.        3,188        

      (G)  Except for reports filed by an individual pursuant to   3,191        

division (B) of this section, THE BOARD SHALL SEND a copy of any   3,192        

reports or summaries received by the board IT RECEIVES pursuant    3,193        

to this section shall be sent to the physician assistant by the    3,194        

board.  The physician assistant shall have the right to file a     3,195        

statement with the board concerning the correctness or relevance   3,196        

of the information.  Such THE statement shall at all times         3,197        

accompany that part of the record in contention.                   3,199        

      (H)  A person, health care facility, association, society,   3,202        

AN INDIVIDUAL or insurer ENTITY that reports to the board or       3,203        

refers an impaired physician assistant to a treatment provider     3,204        

approved by the board under section 4731.25 of the Revised Code    3,206        

shall not be subject to suit for civil damages as a result of the  3,207        

report, referral, or provision of the information.                 3,208        

      (I)  In the absence of fraud or bad faith, a professional    3,211        

association OR SOCIETY of physician assistants that sponsors a     3,212        

committee or program to provide peer assistance to a physician     3,213        

assistant with substance abuse problems, a representative or       3,214        

agent of such a committee or program, and a member of the state    3,215        

medical board shall not be held liable in damages to any person    3,216        

by reason of actions taken to refer a physician assistant to a     3,217        

treatment provider approved under section 4731.25 of the Revised   3,219        

Code for examination or treatment.                                              

      Sec. 4730.34.  In the absence of fraud or bad faith,         3,229        

neither the STATE MEDICAL board nor any, A current or former       3,231        

BOARD member, AN agent OF THE BOARD, A PERSON FORMALLY REQUESTED   3,232        

BY THE BOARD TO BE THE BOARD'S representative, or AN employee of   3,233        

                                                          74     

                                                                 
the board shall NOT be held liable in damages to any person as     3,235        

the result of any act, omission, proceeding, conduct, or decision  3,236        

related to official duties undertaken or performed pursuant to     3,237        

this chapter.  If a current or former member, agent,               3,238        

representative, or employee ANY SUCH PERSON requests to be         3,239        

defended by the state against any claim or action arising out of   3,241        

any act, omission, proceeding, conduct, or decision related to     3,242        

the person's official duties, and if the request is made in        3,243        

writing at a reasonable time before trial and the person           3,244        

requesting defense cooperates in good faith in the defense of the  3,245        

claim or action, the state shall provide and pay for such THE      3,246        

PERSON'S defense and shall pay any resulting judgment,             3,247        

compromise, or settlement.  At no time shall the state pay that    3,248        

ANY part of a claim or judgment which THAT is for punitive or      3,249        

exemplary damages.                                                 3,250        

      Sec. 4731.08.  Except as provided in sections 4731.29 and    3,259        

4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15,   3,260        

1998, IN SECTION 4731.295 OF THE REVISED CODE, each person who     3,261        

desires to practice medicine and surgery or osteopathic medicine   3,263        

and surgery in this state shall file with the secretary of the     3,265        

state medical board a written application for admission to the                  

examination conducted by the board under section 4731.13 of the    3,266        

Revised Code.  The applicant shall file the application under      3,267        

oath on a form prescribed by the board.  The applicant shall       3,269        

furnish evidence satisfactory to the board that he THE APPLICANT   3,270        

is more than eighteen years of age and of good moral character.    3,271        

      Sec. 4731.13.  Except as provided in sections 4731.29 and    3,280        

4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15,   3,281        

1998, IN SECTION 4731.295 OF THE REVISED CODE, the state medical   3,282        

board shall examine each individual who desires to practice        3,283        

medicine and surgery or osteopathic medicine and surgery in this   3,284        

state. The board shall conduct the examination of these            3,285        

individuals in accordance with rules the board shall adopt.  Each  3,286        

individual shall be examined in such subjects as the board         3,287        

                                                          75     

                                                                 
requires.  The board shall examine in subjects pertinent to        3,288        

current medical educational standards.                             3,289        

      The board may use as its examination all or part of a        3,291        

standard medical licensing examination established for purposes    3,292        

of determining the competence of individuals to practice medicine  3,293        

and surgery or osteopathic medicine and surgery in the United      3,294        

States.                                                            3,295        

      Sec. 4731.142.  (A)  Except as provided in division (C)(B)   3,305        

of this section, an individual must demonstrate proficiency in     3,306        

spoken English to receive a certificate TO PRACTICE issued under   3,307        

section 4731.14 of the Revised Code if the individual's            3,309        

eligibility for the certificate is based in part on certification  3,311        

from the educational commission for foreign medical graduates and  3,312        

fulfillment of the undergraduate requirements established by       3,314        

section 4731.09 of the Revised Code at an institution outside the  3,315        

United States.  The individual may demonstrate such proficiency    3,316        

only by one of the following:                                      3,317        

      (1)  Obtaining OBTAINING a score of fifty FORTY or higher    3,320        

on the test of spoken English conducted by the educational         3,322        

testing service;                                                   3,323        

      (2)  Obtaining a score of at least forty but less than       3,327        

fifty on the test of spoken English conducted by the educational   3,329        

testing service and being determined by the state medical board,   3,330        

following an appearance before the board, to be able to            3,331        

communicate adequately in spoken English for the practice of       3,332        

medicine and surgery or osteopathic medicine and surgery.          3,333        

      (B)  At an individual's request, the board shall afford the  3,336        

individual subject to division (A)(2) of this section an           3,337        

opportunity to appear before the board to demonstrate proficiency  3,338        

in spoken English.  The determination of whether the individual    3,339        

is able to communicate adequately in spoken English shall be made  3,340        

by vote of the majority of members present.  The individual is     3,341        

not entitled to appeal under Chapter 119. of the Revised Code a    3,342        

determination by the board that the individual's ability to        3,343        

                                                          76     

                                                                 
communicate in spoken English is not adequate for the practice of  3,345        

medicine and surgery or osteopathic medicine and surgery.          3,346        

      (C)  An individual is not required to demonstrate            3,348        

proficiency in spoken English in accordance with division (A) of   3,349        

this section if the individual was required to demonstrate such    3,351        

proficiency as a condition of certification from the educational   3,352        

commission for foreign medical graduates.                          3,353        

      Sec. 4731.15.  (A)(1)  The state medical board also shall    3,362        

examine and register persons desiring to practice a limited        3,363        

branch of medicine or surgery, and shall establish rules           3,364        

governing such limited practice.  Such REGULATE THE FOLLOWING      3,365        

limited branches of medicine or surgery are:  massage THERAPY and  3,367        

cosmetic therapy, AND TO THE EXTENT SPECIFIED IN SECTION 4731.151  3,370        

OF THE REVISED CODE, NAPRAPATHY AND MECHANOTHERAPY.  THE BOARD                  

SHALL ADOPT RULES GOVERNING THE LIMITED BRANCHES OF MEDICINE       3,371        

UNDER ITS JURISDICTION.  THE RULES SHALL BE ADOPTED IN ACCORDANCE  3,372        

WITH CHAPTER 119. OF THE REVISED CODE.                                          

      (2)  As used in this chapter:                                3,374        

      (a)  "Approved electric modalities" means electric           3,376        

modalities approved by the state medical board for use in          3,377        

cosmetic therapy.                                                  3,378        

      (b),  "Cosmetic COSMETIC therapy" means the systematic       3,381        

friction, stroking, slapping, and kneading or tapping to the       3,382        

face, neck, scalp, or shoulders through the use of approved        3,383        

electric modalities, and additionally may include the permanent    3,384        

removal of hair from the human body through the use of approved    3,385        

electric modalities APPROVED BY THE BOARD FOR USE IN COSMETIC      3,387        

THERAPY, AND ADDITIONALLY MAY INCLUDE THE SYSTEMATIC FRICTION,     3,389        

STROKING, SLAPPING, AND KNEADING OR TAPPING OF THE FACE, NECK,     3,390        

SCALP, OR SHOULDERS.                                                            

      (c)  "Cosmetic therapist" means a person who holds a         3,392        

certificate to practice cosmetic therapy issued by the state       3,393        

medical board under this chapter and who is registered with the    3,394        

board under this chapter.                                          3,395        

                                                          77     

                                                                 
      (B)  All persons who hold a certificate to practice a        3,397        

limited branch of medicine or surgery issued by the state medical  3,398        

board, whether residents of this state or not, shall on or before  3,399        

the first day of June 1983, and on or before the first day of      3,400        

June every second year thereafter OF EACH ODD-NUMBERED YEAR,       3,401        

register with the state medical board on a form prescribed by the  3,403        

board and shall pay at such time a biennial registration fee of    3,404        

fifty dollars.  At least one month in advance of the date of       3,406        

registration, a written notice that the biennial registration fee  3,407        

is due on or before the first day of June shall be sent to each    3,408        

holder of a certificate to practice a limited branch of medicine   3,409        

or surgery, at the person's last known address.  All persons who   3,410        

hold a certificate to practice a limited branch of medicine or     3,411        

surgery issued by the state medical board shall provide the board  3,412        

written notice of any change of address.  A                        3,413        

      A certificate to practice a limited branch of medicine or    3,416        

surgery shall be automatically suspended if the fee is not paid    3,417        

by the first day of September of the year it is due, and           3,418        

continued.  CONTINUED practice after the suspension of the         3,419        

certificate to practice shall be considered as practicing without  3,420        

a license in violation of sections 4731.34 and 4731.41 of the      3,421        

Revised Code.  An applicant for reinstatement of SUBJECT TO        3,422        

SECTION 4731.222 OF THE REVISED CODE, THE BOARD SHALL REINSTATE a  3,423        

certificate to practice suspended for failure to register shall    3,425        

submit the applicant's current and delinquent registration fees    3,426        

and a ON AN APPLICANT'S PAYMENT OF THE BIENNIAL REGISTRATION FEE   3,428        

AND THE APPLICABLE MONETARY PENALTY.  WITH REGARD TO                            

REINSTATEMENT OF A CERTIFICATE TO PRACTICE COSMETIC THERAPY, THE   3,429        

APPLICANT ALSO SHALL SUBMIT WITH THE APPLICATION A CERTIFICATION   3,430        

THAT THE NUMBER OF HOURS OF CONTINUING EDUCATION NECESSARY TO      3,431        

HAVE A SUSPENDED CERTIFICATE REINSTATED HAVE BEEN COMPLETED, AS    3,432        

SPECIFIED IN RULES THE BOARD SHALL ADOPT IN ACCORDANCE WITH        3,434        

CHAPTER 119. OF THE REVISED CODE.  THE penalty of FOR              3,437        

REINSTATEMENT SHALL BE twenty-five dollars IF THE CERTIFICATE HAS  3,438        

                                                          78     

                                                                 
BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY DOLLARS IF THE      3,439        

CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS.            3,440        

      Sec. 4731.151.  (A)  Notwithstanding the provisions of       3,449        

section 4731.15 of the Revised Code specifying the types of        3,450        

limited branches of medicine or surgery to be examined and         3,451        

registered by the state medical board, naprapaths NAPRAPATHS who   3,452        

received a certificate to practice from the board prior to March   3,453        

2, 1992, may continue to practice naprapathy, as defined in rules  3,454        

adopted by the board.  Such naprapaths shall practice in           3,455        

accordance with rules adopted by the board.                        3,456        

      (B)(1)  As used in this division:                            3,458        

      (a)  "Mechanotherapy" means all of the following:            3,460        

      (i)  Examining patients by verbal inquiry;                   3,462        

      (ii)  Examination of the musculoskeletal system by hand;     3,464        

      (iii)  Visual inspection and observation;                    3,466        

      (iv)  Diagnosing a patient's condition only as to whether    3,468        

the patient has a disorder of the musculoskeletal system;          3,469        

      (v)  In the treatment of patients, employing the techniques  3,471        

of advised or supervised exercise; electrical neuromuscular        3,472        

stimulation; massage or manipulation; or air, water, heat, cold,   3,473        

sound, or infrared ray therapy only to those disorders of the      3,474        

musculoskeletal system that are amenable to treatment by such      3,475        

techniques and that are identifiable by examination performed in   3,476        

accordance with division (B)(1)(a)(i) of this section and          3,477        

diagnosable in accordance with division (B)(1)(a)(ii) of this      3,478        

section.                                                           3,479        

      (b)  "Educational requirements" means the completion of a    3,481        

course of study appropriate for certification to practice          3,482        

mechanotherapy on or before November 3, 1985, as determined by     3,483        

rules adopted under this chapter.                                  3,484        

      (2)  Notwithstanding the provisions of section 4731.15 of    3,486        

the Revised Code specifying the types of limited branches of       3,487        

medicine or surgery to be examined and registered by the board,    3,488        

mechanotherapists MECHANOTHERAPISTS who received a certificate to  3,489        

                                                          79     

                                                                 
practice from the board prior to March 2, 1992, may continue to    3,490        

practice mechanotherapy, as defined in rules adopted by the        3,491        

board.  Such mechanotherapists shall practice in accordance with   3,492        

rules adopted by the board.                                        3,493        

      A person authorized by this division to practice as a        3,495        

mechanotherapist may examine, diagnose, and assume responsibility  3,496        

for the care of patients with due regard for first aid and the     3,497        

hygienic and nutritional care of the patients.  Roentgen rays      3,498        

shall be used by a mechanotherapist only for diagnostic purposes.  3,499        

      (3)  A person who holds a certificate to practice            3,501        

mechanotherapy and completed educational requirements in           3,502        

mechanotherapy on or before November 3, 1985, is entitled to use   3,503        

the title "doctor of mechanotherapy" and is a "physician" who      3,504        

performs "medical services" for the purposes of Chapters 4121.     3,505        

and 4123. of the Revised Code and the program established under    3,506        

section 5111.01 of the Revised Code, and shall receive payment or  3,507        

reimbursement as provided under those chapters and that section.   3,508        

      (C)  Rules adopted under this section shall be adopted in    3,510        

accordance with Chapter 119. of the Revised Code.                  3,511        

      Sec. 4731.16.  The examination STATE MEDICAL BOARD SHALL     3,520        

CONDUCT EXAMINATIONS of all applicants for certification to        3,521        

practice a THE limited branch BRANCHES of medicine or surgery OF   3,523        

MASSAGE THERAPY AND COSMETIC THERAPY.  THE EXAMINATIONS shall be   3,524        

conducted under rules prescribed ADOPTED by the state medical      3,525        

board and at such times and places as the board may determine.     3,527        

Such THE FEE FOR EITHER EXAMINATION IS TWO HUNDRED FIFTY DOLLARS.  3,528        

      FOR THE PURPOSE OF CONDUCTING EXAMINATIONS, THE BOARD MAY    3,531        

CALL TO ITS AID ANY PERSON OF ESTABLISHED REPUTATION AND KNOWN     3,532        

ABILITY IN THE LIMITED BRANCH OF MEDICINE FOR WHICH THE                         

EXAMINATION IS BEING HELD.  A PERSON CALLED TO ASSIST IN AN        3,533        

EXAMINATION SHALL BE REIMBURSED FOR THE PERSON'S SERVICES.         3,534        

REIMBURSEMENT SHALL BE NOT MORE THAN ONE HUNDRED DOLLARS PER DAY   3,535        

AND AN AMOUNT FIXED AND ALLOWED BY THE BOARD FOR THE PERSON'S      3,536        

ACTUAL AND NECESSARY EXPENSES.                                     3,537        

                                                          80     

                                                                 
      EACH examination shall be given in anatomy, physiology,      3,540        

chemistry, bacteriology, pathology, hygiene, diagnosis, and in     3,541        

such ANY other subjects appropriate to the limited branches        3,543        

BRANCH of medicine or surgery for which certification is           3,545        

requested as the board may require.  Applicants, EXCEPT THAT       3,546        

APPLICANTS for certificates to practice massage or Swedish         3,547        

movement THERAPY shall not be examined in pathology and            3,548        

diagnosis.                                                                      

      IF AN APPLICANT FAILS AN EXAMINATION MORE THAN TWICE, IN     3,551        

WHOLE OR IN PART, THE BOARD MAY REQUIRE THAT THE APPLICANT OBTAIN  3,552        

ADDITIONAL TRAINING AS A CONDITION OF BEING ELIGIBLE FOR FURTHER   3,553        

EXAMINATION.                                                                    

      Sec. 4731.17.  For the purpose of conducting examinations    3,562        

provided for in sections 4731.15 and 4731.16 of the Revised Code,  3,563        

the state medical board shall call to its aid any person of        3,564        

established reputation and known ability in the particular         3,565        

limited branch in which the examination is being held.  Any        3,566        

person called by the board to its aid, as provided in this         3,567        

section, shall be reimbursed for the person's services not more    3,569        

than one hundred dollars per day and the person's actual and       3,570        

necessary expenses to be fixed and allowed by the board.                        

      If the AN applicant passes such THE examination TO PRACTICE  3,573        

MASSAGE THERAPY OR COSMETIC THERAPY CONDUCTED UNDER SECTION                     

4731.16 OF THE REVISED CODE and has paid the fee of two hundred    3,575        

fifty dollars REQUIRED UNDER THAT SECTION, the STATE MEDICAL       3,576        

board shall issue its TO THE APPLICANT THE APPROPRIATE             3,577        

certificate to that effect PRACTICE.  Such certificate shall       3,578        

authorize the holder thereof to practice such THE limited branch   3,580        

of medicine or surgery as may be specified therein, but shall not  3,582        

permit the holder to practice any other LIMITED branch of          3,583        

medicine or surgery, nor shall it permit the holder to treat       3,585        

infectious, contagious, or venereal diseases, or to prescribe or   3,586        

administer drugs, or to perform surgery OR PRACTICE MEDICINE IN    3,587        

ANY OTHER FORM.                                                                 

                                                          81     

                                                                 
      Sec. 4731.18.  The state medical board may dispense with     3,596        

the examination of applicants for limited certificates to          3,597        

practice a THE limited branch BRANCHES of medicine or surgery      3,599        

upon OF MASSAGE THERAPY AND COSMETIC THERAPY IN the same                        

reciprocal conditions with respect to such limited branches as     3,600        

are provided in MANNER THAT CERTIFICATES ARE ISSUED UNDER section  3,602        

4731.29 of the Revised Code with respect to physicians and         3,603        

surgeons generally TO INDIVIDUALS TO PRACTICE MEDICINE AND         3,604        

SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.  In such cases the                 

state medical THE board shall MAY recognize ANY national           3,606        

examining boards of the appropriate limited branches of medicine.  3,608        

      Sec. 4731.19.  The state medical board shall determine the   3,617        

standing of the schools, colleges, or institutions giving          3,619        

instruction in THE limited branches of medicine or surgery OF      3,620        

MASSAGE THERAPY AND COSMETIC THERAPY.  If there shall at any time  3,621        

be such schools, colleges, or institutions giving instruction in   3,623        

such limited branches, the applicant for a certificate to          3,625        

practice a limited branch of medicine or surgery shall, as a       3,626        

condition of admission to the examination, produce a diploma or    3,627        

certificate from a school, college, or institution in good         3,629        

standing as determined by the board, showing the completion of     3,631        

the required courses of instruction.                               3,632        

      The entrance examiner of the board shall determine the       3,634        

sufficiency of the preliminary education of applicants for such    3,635        

limited certificate as is provided in A CERTIFICATE TO PRACTICE    3,636        

MASSAGE THERAPY OR COSMETIC THERAPY IN THE SAME MANNER THAT        3,637        

SUFFICIENCY OF PRELIMINARY EDUCATION IS DETERMINED UNDER section   3,639        

4731.09 of the Revised Code.  The, EXCEPT THAT THE board may       3,640        

adopt rules defining and establishing for any THE limited branch   3,641        

of medicine or surgery such preliminary educational requirements,  3,642        

THAT ARE less exacting than those prescribed by such section, as   3,643        

the nature of the case may require.                                3,644        

      Sec. 4731.20.  Sections 4731.07, 4731.08, and 4731.14 to     3,653        

4731.26 of the Revised Code shall govern THE POWERS AND DUTIES     3,654        

                                                          82     

                                                                 
CONFERRED BY THIS CHAPTER ON the state medical board, INCLUDING    3,655        

all of the BOARD'S officers mentioned therein, and the applicants  3,656        

for and recipients of limited certificates to practice a limited   3,657        

branch of medicine or surgery.  In addition to FOR PURPOSES OF     3,659        

REGULATING THE PRACTICES OF MEDICINE AND SURGERY, OSTEOPATHIC      3,660        

MEDICINE AND SURGERY, AND PODIATRY, SHALL APPLY IN THE SAME                     

MANNER, WITH ANY MODIFICATIONS THE BOARD CONSIDERS NECESSARY, FOR  3,661        

PURPOSES OF REGULATING THE PRACTICES OF LIMITED BRANCHES OF        3,662        

MEDICINE, INCLUDING the power of the board to revoke and suspend   3,664        

certificates provided for in TAKE DISCIPLINARY ACTIONS UNDER       3,665        

section 2301.373 or 4731.22 of the Revised Code it may also        3,666        

revoke or suspend the certificate of any one to whom a limited     3,667        

certificate has been issued upon proof of violation of the rules   3,668        

established by the board governing such limited practice.          3,669        

      Sec. 4731.22.  (A)  The state medical board, pursuant to an  3,678        

adjudication under Chapter 119. of the Revised Code and by a AN    3,680        

AFFIRMATIVE vote of not fewer than six of its members, may revoke  3,681        

or may refuse to grant a certificate to a person found by the      3,682        

board to have committed fraud in passing DURING THE                3,683        

ADMINISTRATION OF the examination FOR A CERTIFICATE TO PRACTICE    3,684        

or to have committed fraud, misrepresentation, or deception in     3,685        

applying for or securing any license or certificate TO PRACTICE    3,686        

OR CERTIFICATE OF REGISTRATION issued by the board.                3,687        

      (B)  The board, pursuant to an adjudication under Chapter    3,690        

119. of the Revised Code and by a AN AFFIRMATIVE vote of not       3,691        

fewer than six members, shall, to the extent permitted by law,     3,692        

limit, revoke, or suspend a AN INDIVIDUAL'S certificate TO         3,693        

PRACTICE, refuse to register or AN INDIVIDUAL, refuse to           3,695        

reinstate an applicant A CERTIFICATE, or reprimand or place on     3,696        

probation the holder of a certificate for one or more of the       3,698        

following reasons:                                                              

      (1)  Permitting one's name or one's CERTIFICATE TO PRACTICE  3,700        

OR certificate of registration to be used by a person, group, or   3,702        

corporation when the individual concerned is not actually          3,703        

                                                          83     

                                                                 
directing the treatment given;                                     3,704        

      (2)  Failure to use reasonable care discrimination in        3,706        

MAINTAIN MINIMAL STANDARDS APPLICABLE TO the SELECTION OR          3,708        

administration of drugs, or failure to employ acceptable                        

scientific methods in the selection of drugs or other modalities   3,709        

for treatment of disease;                                          3,710        

      (3)  Selling, prescribing, giving away, or administering     3,712        

drugs for other than legal and legitimate therapeutic purposes or  3,713        

a plea of guilty to, or a judicial finding of guilt of, OR A       3,714        

JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF           3,715        

CONVICTION OF, a violation of any federal or state law regulating  3,717        

the possession, distribution, or use of any drug;                  3,718        

      (4)  Willfully betraying a professional confidence.  For     3,720        

      FOR purposes of this division, "willfully betraying a        3,722        

professional confidence" does not include the making of a report   3,723        

of an employee's use of a drug of abuse, or a report of a          3,724        

condition of an employee other than one involving the use of a     3,725        

drug of abuse, to the employer of the employee as described in     3,726        

division (B) of section 2305.33 of the Revised Code, and nothing.  3,727        

NOTHING in this division affects the immunity from civil           3,730        

liability conferred by that section upon a physician who makes     3,731        

either type of report in accordance with division (B) of that      3,732        

section.  As used in this division, "employee," "employer," and    3,733        

"physician" have the same meanings as in section 2305.33 of the    3,734        

Revised Code.                                                                   

      (5)  Soliciting patients or publishing MAKING a false,       3,736        

fraudulent, deceptive, or misleading statement IN THE              3,739        

SOLICITATION OF OR ADVERTISING FOR PATIENTS; IN RELATION TO THE    3,741        

PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND         3,742        

SURGERY, PODIATRY, OR A LIMITED BRANCH OF MEDICINE; OR IN          3,743        

SECURING OR ATTEMPTING TO SECURE ANY CERTIFICATE TO PRACTICE OR    3,744        

CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD.                                

      As used in this division, "false, fraudulent, deceptive, or  3,746        

misleading statement" means a statement that includes a            3,747        

                                                          84     

                                                                 
misrepresentation of fact, is likely to mislead or deceive         3,748        

because of a failure to disclose material facts, is intended or    3,749        

is likely to create false or unjustified expectations of           3,750        

favorable results, or includes representations or implications     3,751        

that in reasonable probability will cause an ordinarily prudent    3,752        

person to misunderstand or be deceived.                            3,753        

      (6)  A departure from, or the failure to conform to,         3,755        

minimal standards of care of similar practitioners under the same  3,756        

or similar circumstances, whether or not actual injury to a        3,757        

patient is established;                                            3,758        

      (7)  Representing, with the purpose of obtaining             3,760        

compensation or other advantage for self AS PERSONAL GAIN or for   3,761        

any other person, that an incurable disease or injury, or other    3,763        

incurable condition, can be permanently cured;                     3,764        

      (8)  The obtaining of, or attempting to obtain, money or     3,766        

anything of value by fraudulent misrepresentations in the course   3,767        

of practice;                                                       3,768        

      (9)  A plea of guilty to, or a judicial finding of guilt     3,770        

of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF  3,771        

CONVICTION FOR, a felony;                                          3,772        

      (10)  Commission of an act that constitutes a felony in      3,774        

this state, regardless of the jurisdiction in which the act was    3,775        

committed;                                                         3,776        

      (11)  A plea of guilty to, or a judicial finding of guilt    3,778        

of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF  3,779        

CONVICTION FOR, a misdemeanor committed in the course of           3,780        

practice;                                                                       

      (12)  Commission of an act IN THE COURSE OF PRACTICE that    3,782        

constitutes a misdemeanor in this state, regardless of the         3,784        

jurisdiction in which the act was committed, if the act was        3,785        

committed in the course of practice;                                            

      (13)  A plea of guilty to, or a judicial finding of guilt    3,787        

of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF  3,788        

CONVICTION FOR, a misdemeanor involving moral turpitude;           3,789        

                                                          85     

                                                                 
      (14)  Commission of an act INVOLVING MORAL TURPITUDE that    3,791        

constitutes a misdemeanor in this state, regardless of the         3,793        

jurisdiction in which the act was committed, if the act involves   3,794        

moral turpitude;                                                                

      (15)  Violation of the conditions of limitation placed by    3,796        

the board upon a certificate to practice or violation of the       3,797        

conditions of limitation upon which a limited or temporary         3,798        

registration or certificate to practice is issued;                 3,799        

      (16)  Failure to pay license renewal fees specified in this  3,801        

chapter;                                                           3,802        

      (17)  Engaging in the division of fees for referral of       3,805        

patients, or the receiving of a thing of value in return for a     3,807        

specific referral of a patient to utilize a particular service or  3,808        

business;                                                                       

      (18)(a)  Subject to section 4731.226 of the Revised Code,    3,810        

violation of any provision of a code of ethics of the American     3,812        

medical association, the American osteopathic association, the     3,813        

American podiatric medical association, or any other national      3,814        

professional organizations as are determined, THAT THE BOARD       3,815        

SPECIFIES by rule, by the state medical board.  The state medical  3,816        

board shall obtain and keep on file current copies of the codes    3,817        

of ethics of the various national professional organizations.      3,818        

The practitioner INDIVIDUAL whose certificate is being suspended   3,819        

or revoked shall not be found to have violated any provision of a  3,821        

code of ethics of an organization not appropriate to the           3,822        

practitioner's INDIVIDUAL'S profession.                            3,823        

      (b)  For purposes of this division, a "provision of a code   3,825        

of ethics of a national professional organization" does not        3,826        

include any provision of a code of ethics of a specified national  3,827        

professional organization that would preclude the making of a      3,828        

report by a physician of an employee's use of a drug of abuse, or  3,829        

of a condition of an employee other than one involving the use of  3,830        

a drug of abuse, to the employer of the employee as described in   3,831        

division (B) of section 2305.33 of the Revised Code, and nothing.  3,833        

                                                          86     

                                                                 
NOTHING in this division affects the immunity from civil           3,835        

liability conferred by that section upon a physician who makes     3,836        

either type of report in accordance with division (B) of that      3,837        

section.  As used in this division, "employee," "employer," and    3,838        

"physician" have the same meanings as in section 2305.33 of the    3,839        

Revised Code.                                                                   

      (19)  Inability to practice according to acceptable and      3,841        

prevailing standards of care by reason of mental illness or        3,842        

physical illness, including, but not limited to, physical          3,843        

deterioration that adversely affects cognitive, motor, or          3,844        

perceptive skills.  In                                             3,845        

      IN enforcing this division, the board, upon a showing of a   3,848        

possible violation, may compel any individual licensed or          3,849        

certified AUTHORIZED to practice by this chapter or who has        3,850        

applied for licensure or certification SUBMITTED AN APPLICATION    3,851        

pursuant to this chapter to submit to a mental or EXAMINATION,     3,853        

physical examination, INCLUDING AN HIV TEST, or both, as required  3,855        

by and at the expense of the board A MENTAL AND A PHYSICAL                      

EXAMINATION.  THE EXPENSE OF THE EXAMINATION IS THE                3,857        

RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED.         3,858        

Failure of any individual to submit to a mental or physical        3,859        

examination when directed OR CONSENT TO AN HIV TEST ORDERED BY     3,860        

THE BOARD constitutes an admission of the allegations against the  3,861        

individual unless the failure is due to circumstances beyond the   3,863        

individual's control, and a default and final order may be         3,864        

entered without the taking of testimony or presentation of         3,865        

evidence.  If the board finds a physician AN INDIVIDUAL unable to  3,866        

practice because of the reasons set forth in this division, the    3,868        

board shall require the physician INDIVIDUAL to submit to care,    3,870        

counseling, or treatment by physicians approved or designated by   3,871        

the board, as a condition for initial, continued, reinstated, or   3,872        

renewed licensure AUTHORITY to practice.  An individual licensed   3,874        

by this chapter affected under this division shall be afforded an  3,875        

opportunity to demonstrate to the board that the individual can    3,876        

                                                          87     

                                                                 
THE ABILITY TO resume practice in compliance with acceptable and   3,877        

prevailing standards under the provisions of the individual's      3,878        

certificate.  For the purpose of this division, any individual     3,880        

licensed or certified WHO APPLIES FOR OR RECEIVES A CERTIFICATE    3,881        

to practice by UNDER this chapter accepts the privilege of         3,882        

practicing in this state and, by so doing or by the making and     3,884        

filing of a registration or application to practice in this        3,885        

state, shall be deemed to have given consent to submit to a        3,886        

mental or physical examination when directed to do so in writing   3,887        

by the board, and to have waived all objections to the             3,888        

admissibility of testimony or examination reports that constitute  3,889        

a privileged communication.                                        3,890        

      (20)  Except as provided in division (B)(27) of this         3,892        

section and WHEN CIVIL PENALTIES ARE IMPOSED UNDER section         3,893        

4731.225 OR 4731.281 of the Revised Code, and subject to section   3,894        

4731.226 of the Revised Code, violating or attempting to violate,  3,896        

directly or indirectly, or assisting in or abetting the violation  3,897        

of, or conspiring to violate, any provisions of this chapter or    3,898        

any rule promulgated by the board.  This                           3,899        

      THIS division does not apply to a violation or attempted     3,901        

violation of, assisting in or abetting the violation of, or a      3,902        

conspiracy to violate, any provision of this chapter or any rule   3,903        

promulgated ADOPTED by the board that would preclude the making    3,904        

of a report by a physician of an employee's use of a drug of       3,906        

abuse, or of a condition of an employee other than one involving   3,907        

the use of a drug of abuse, to the employer of the employee as     3,908        

described in division (B) of section 2305.33 of the Revised Code,  3,909        

and nothing.  NOTHING in this division affects the immunity from   3,912        

civil liability conferred by that section upon a physician who     3,913        

makes either type of report in accordance with division (B) of     3,914        

that section.  As used in this division, "employee," "employer,"   3,915        

and "physician" have the same meanings as in section 2305.33 of    3,916        

the Revised Code.                                                               

      (21)  The violation of any abortion rule adopted by the      3,918        

                                                          88     

                                                                 
public health council pursuant to section 3701.341 of the Revised  3,919        

Code;                                                              3,920        

      (22)  The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE    3,923        

AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF MEDICINE AND     3,924        

SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, PODIATRY, OR THE        3,925        

LIMITED BRANCHES OF MEDICINE IN ANOTHER STATE, FOR ANY REASON      3,926        

OTHER THAN THE NONPAYMENT OF FEES:  THE limitation, revocation,    3,928        

or suspension by another state of a AN INDIVIDUAL'S license or     3,929        

certificate to practice issued by the proper licensing authority   3,931        

of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE          3,932        

SURRENDER; DENIAL OF A LICENSE; refusal to license, register,      3,934        

RENEW or reinstate an applicant by that authority, the A LICENSE;  3,936        

imposition of probation by that authority,; or the issuance of an  3,938        

order of censure or other reprimand by that authority for any      3,939        

reason, other than nonpayment of fees;                             3,940        

      (23)  The violation of section 2919.12 of the Revised Code   3,942        

or the performance or inducement of an abortion upon a pregnant    3,943        

woman with actual knowledge that the conditions specified in       3,944        

division (B) of section 2317.56 of the Revised Code have not been  3,945        

satisfied or with a heedless indifference as to whether those      3,946        

conditions have been satisfied, unless an affirmative defense as   3,947        

specified in division (H)(2) of that section would apply in a      3,948        

civil action authorized by division (H)(1) of that section;        3,949        

      (24)  The revocation, suspension, restriction, reduction,    3,951        

or termination of clinical privileges by the UNITED STATES         3,953        

department of defense, or the DEPARTMENT OF veterans               3,954        

administration of the United States, for any act or acts that      3,956        

also would constitute a violation of this chapter AFFAIRS OR THE   3,958        

TERMINATION OR SUSPENSION OF A CERTIFICATE OF REGISTRATION TO      3,959        

PRESCRIBE DRUGS BY THE DRUG ENFORCEMENT ADMINISTRATION OF THE      3,960        

UNITED STATES DEPARTMENT OF JUSTICE;                               3,961        

      (25)  Termination or suspension from PARTICIPATION IN THE    3,963        

medicare or medicaid programs by the department of health and      3,965        

human services or other responsible agency for any act or acts     3,966        

                                                          89     

                                                                 
that also would constitute a violation of division (B)(2), (3),    3,967        

(6), (8), or (19) of this section;                                 3,968        

      (26)  Impairment of ability to practice according to         3,970        

acceptable and prevailing standards of care because of habitual    3,971        

or excessive use or abuse of drugs, alcohol, or other substances   3,972        

that impair ability to practice.                                   3,973        

      For the purposes of this division, any individual licensed   3,975        

or certified under AUTHORIZED TO PRACTICE BY this chapter accepts  3,976        

the privilege of practicing in this state subject to supervision   3,978        

by the board.  By filing a registration or AN application for      3,979        

licensure or by holding a license or certificate TO PRACTICE       3,981        

under this chapter, an individual shall be deemed to have given    3,983        

consent to submit to a mental or physical examination when         3,984        

ordered to do so by the board in writing, and to have waived all   3,985        

objections to the admissibility of testimony or examination        3,986        

reports that constitute privileged communications.                 3,987        

      If it has reason to believe that any individual licensed or  3,989        

certified under AUTHORIZED TO PRACTICE BY this chapter or any      3,990        

applicant for a license or certification TO PRACTICE suffers such  3,992        

impairment, the board may compel the individual to submit to a     3,994        

mental or physical examination, or both.  The EXPENSE OF THE       3,995        

examination shall be at IS the expense RESPONSIBILITY of the       3,996        

board INDIVIDUAL COMPELLED TO BE EXAMINED.  Any mental or          3,998        

physical examination required under this division shall be         3,999        

undertaken by a treatment provider or physician who is qualified                

to conduct the examination and who is chosen by the board.         4,001        

      Failure of the individual to submit to a mental or physical  4,003        

examination ordered by the board constitutes an admission of the   4,004        

allegations against the individual unless the failure is due to    4,005        

circumstances beyond the individual's control, and a default and   4,006        

final order may be entered without the taking of testimony or      4,007        

presentation of evidence.  If the board determines that the        4,008        

individual's ability to practice is impaired, the board shall      4,009        

suspend the individual's certificate or deny the individual's      4,011        

                                                          90     

                                                                 
application and shall require the individual, as a condition for   4,012        

initial, continued, reinstated, or renewed licensure               4,013        

CERTIFICATION to practice, to submit to treatment.                 4,015        

      Before being eligible to apply for reinstatement of a        4,017        

license CERTIFICATE suspended under this division, the IMPAIRED    4,019        

practitioner shall demonstrate to the board that the practitioner  4,020        

can ABILITY TO resume practice in compliance with acceptable and   4,022        

prevailing standards of care under the provisions of the           4,023        

practitioner's certificate.  The demonstration shall include, but  4,025        

shall not be limited to, the following:                                         

      (a)  Certification from a treatment provider approved under  4,027        

section 4731.25 of the Revised Code that the practitioner          4,028        

INDIVIDUAL has successfully completed any required inpatient       4,030        

treatment;                                                                      

      (b)  Evidence of continuing full compliance with an          4,032        

aftercare contract or consent agreement;                           4,033        

      (c)  Two written reports indicating that the individual's    4,035        

ability to practice has been assessed and that the individual has  4,036        

been found capable of practicing according to acceptable and       4,037        

prevailing standards of care.  The reports shall be made by        4,038        

individuals or providers approved by the board for making the      4,039        

assessments and shall describe the basis for this THEIR            4,040        

determination.                                                                  

      The board may reinstate a license CERTIFICATE suspended      4,042        

under this division after that demonstration and after the         4,044        

individual has entered into a written consent agreement.           4,045        

      When the impaired practitioner resumes practice after        4,047        

reinstatement of the practitioner's license, the board shall       4,048        

require continued monitoring of the practitioner, which            4,050        

INDIVIDUAL.  THE MONITORING shall include, but not be limited to,  4,052        

compliance with the written consent agreement entered into before  4,053        

reinstatement or with conditions imposed by board order after a    4,054        

hearing, and, upon termination of the consent agreement,           4,055        

submission to the board for at least two years of annual written   4,056        

                                                          91     

                                                                 
progress reports made under penalty of perjury stating whether     4,057        

the practitioner INDIVIDUAL has maintained sobriety.               4,058        

      (27)  A second or subsequent violation of section 4731.66    4,060        

or 4731.69 of the Revised Code;                                    4,061        

      (28)  Except as provided in division (J)(N) of this          4,063        

section:                                                                        

      (a)  Waiving the payment of all or any part of a deductible  4,066        

or copayment that a patient, pursuant to a health insurance or     4,067        

health care policy, contract, or plan that covers the              4,068        

practitioner's INDIVIDUAL'S services, otherwise would be required  4,069        

to pay if the waiver is used as an enticement to a patient or      4,070        

group of patients to receive health care services from that        4,071        

provider INDIVIDUAL;                                               4,072        

      (b)  Advertising that the practitioner INDIVIDUAL will       4,074        

waive the payment of all or any part of a deductible or copayment  4,076        

that a patient, pursuant to a health insurance or health care      4,077        

policy, contract, or plan that covers the practitioner's           4,078        

INDIVIDUAL'S services, otherwise would be required to pay.         4,080        

      (29)  Failure to use universal blood and body fluid          4,082        

precautions established by rules adopted under section 4731.051    4,083        

of the Revised Code;                                               4,084        

      (30)  Failure of a collaborating physician to perform the    4,087        

responsibilities agreed to by the physician in the protocol        4,088        

established between the physician and an advanced practice nurse   4,089        

in accordance with section 4723.56 of the Revised Code;            4,090        

      (31)  Failure to provide notice to, and receive              4,092        

acknowledgment of the notice from, a patient when required by      4,094        

section 4731.143 of the Revised Code prior to providing            4,095        

nonemergency professional services, or failure to maintain that    4,096        

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         4,098        

assistant to maintain supervision in accordance with the           4,099        

requirements of Chapter 4730. of the Revised Code and the rules    4,100        

adopted under that chapter;                                                     

                                                          92     

                                                                 
      (33)  Failure of a physician or podiatrist to maintain a     4,102        

standard care arrangement with a clinical nurse specialist,        4,103        

certified nurse-midwife, or certified nurse practitioner with      4,104        

whom the physician or podiatrist is in collaboration pursuant to   4,105        

section 4731.27 of the Revised Code and practice in accordance     4,106        

with the arrangement;                                              4,107        

      (34)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY  4,109        

THE BOARD UNDER DIVISION (F) OF THIS SECTION, INCLUDING FAILURE    4,111        

TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR FAILURE  4,112        

TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT A        4,113        

DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE TO   4,114        

COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR   4,115        

DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT              4,116        

JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA    4,117        

OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE    4,118        

IN ISSUE.                                                                       

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           4,120        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   4,121        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT     4,122        

THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A        4,123        

CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF   4,124        

A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT.  A       4,125        

CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE VOTE OF NOT     4,126        

FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE THE          4,127        

FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER         4,128        

ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES TO RATIFY A      4,129        

CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE    4,130        

CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT.                  4,131        

      (D)  For purposes of divisions (B)(10), (12), and (14) of    4,133        

this section, the commission of the act may be established by a    4,134        

finding by the board, pursuant to an adjudication under Chapter    4,136        

119. of the Revised Code, that the applicant or certificate        4,137        

holder INDIVIDUAL committed the act.  The board does not have      4,138        

jurisdiction under those divisions if the trial court renders a    4,139        

                                                          93     

                                                                 
final judgment in the certificate holder's INDIVIDUAL'S favor and  4,140        

that judgment is based upon an adjudication on the merits.  The    4,142        

board has jurisdiction under those divisions if the trial court    4,143        

issues an order of dismissal upon technical or procedural          4,144        

grounds.                                                                        

      (E)  The sealing of conviction records shall have no effect  4,146        

upon a prior board order entered under this section or upon the    4,148        

board's jurisdiction to take action under this section if a                     

notice of an opportunity for a hearing has been issued, based      4,151        

upon a conviction, plea of guilty, or A judicial finding of guilt  4,153        

prior to the court order, OR A JUDICIAL FINDING OF ELIGIBILITY     4,154        

FOR TREATMENT IN LIEU OF CONVICTION, THE BOARD ISSUED A NOTICE OF  4,155        

OPPORTUNITY FOR HEARING PRIOR TO THE COURT'S ORDER TO SEAL THE     4,156        

RECORDS.  THE BOARD SHALL NOT BE REQUIRED TO SEAL, DESTROY,        4,157        

REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT THE COURT'S     4,158        

SEALING OF CONVICTION RECORDS.                                     4,159        

      (C)(F)(1)  The board shall investigate evidence that         4,161        

appears to show that any A person has violated any provision of    4,162        

this chapter or any rule adopted under it.  Any person may report  4,163        

to the board in a signed writing any information that the person   4,165        

may have that appears to show a violation of any provision of      4,166        

this chapter or any rule adopted under it.  In the absence of bad  4,167        

faith, any person who reports information of that nature or who    4,168        

testifies before the board in any adjudication hearing conducted   4,169        

under Chapter 119. of the Revised Code shall not be liable in      4,171        

damages in a civil action as a result of the report or testimony.  4,172        

EACH                                                                            

      Each complaint or allegation of a violation received by the  4,174        

board shall be assigned a case number and shall be recorded by     4,175        

the board.  Information received by the board pursuant to an       4,176        

investigation shall be confidential and not subject to discovery   4,177        

in any civil action.                                               4,178        

      (2)  Investigations of alleged violations of this chapter    4,180        

or any rule adopted under it shall be supervised by the            4,182        

                                                          94     

                                                                 
supervising member elected by the board in accordance with         4,183        

section 4731.02 of the Revised Code and by the secretary as        4,184        

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         4,186        

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         4,188        

participate in further adjudication of the case.                                

      For the purpose of investigation of (3)  IN INVESTIGATING a  4,191        

possible violation of division (B)(3), (8), (9), (11), or (15) of  4,192        

this section, the board may administer oaths, order the taking of  4,193        

depositions, issue subpoenas, and compel the attendance of         4,194        

witnesses and production of books, accounts, papers, records,      4,195        

documents, and testimony.                                          4,196        

      In investigating possible violations of all remaining        4,198        

divisions of this section and sections of this chapter or any      4,199        

rule adopted under this chapter, the board also may administer     4,201        

oaths, order the taking of depositions, issue subpoenas, and       4,202        

compel the attendance of witnesses and production of books,        4,203        

accounts, papers, records, documents, and testimony.  However, in  4,204        

those instances WHEN ISSUING A SUBPOENA FOR PATIENT RECORD         4,205        

INFORMATION, other than for patient records provided to the board  4,206        

pursuant to the reporting provisions of division (A) of section    4,207        

4731.224 of the Revised Code, a THE subpoena for patient record    4,209        

information shall not be issued without consultation with the      4,210        

attorney general's office and approval of the secretary of the     4,211        

board, the AND supervising member, and a member of the board who   4,213        

holds a certificate issued under this chapter authorizing the      4,214        

practice of medicine and surgery, osteopathic medicine and         4,216        

surgery, or podiatry.  Before issuance of a subpoena of that       4,217        

nature FOR PATIENT RECORD INFORMATION, the three board members     4,218        

SECRETARY AND SUPERVISING MEMBER shall determine whether there is  4,220        

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    4,221        

the records sought are relevant to the alleged violation and       4,223        

                                                          95     

                                                                 
material to the investigation.  Those THE SUBPOENA MAY APPLY ONLY  4,224        

TO records must THAT cover a reasonable period of time             4,225        

surrounding the alleged violation.  Upon                           4,226        

      ON failure to comply with any subpoena issued by the board   4,229        

and after reasonable notice to the person being subpoenaed, the    4,230        

board may move for an order compelling the production of persons   4,231        

or records pursuant to the Rules of Civil Procedure.  Each         4,232        

officer                                                                         

      A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,   4,234        

THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE        4,235        

BOARD.  SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY   4,237        

DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN,     4,238        

READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL      4,239        

PLACE OF RESIDENCE.  WHEN THE PERSON BEING SERVED IS A PERSON      4,240        

WHOSE PRACTICE IS AUTHORIZED BY THIS CHAPTER, SERVICE OF THE       4,241        

SUBPOENA MAY BE MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY,       4,242        

RETURN RECEIPT REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED  4,243        

ON THE DATE DELIVERY IS MADE OR THE DATE THE PERSON REFUSES TO     4,244        

ACCEPT DELIVERY.                                                                

      A SHERIFF'S DEPUTY who serves a subpoena of that nature      4,248        

shall receive the same fees as a sheriff, and each.  EACH witness  4,249        

who appears, BEFORE THE BOARD in obedience to a subpoena, before   4,251        

the board, shall receive the fees and mileage provided for         4,252        

witnesses in civil cases in the courts of common pleas.            4,253        

      (4)  All hearings and investigations of the board shall be   4,255        

considered civil actions for the purposes of section 2305.251 of   4,256        

the Revised Code.                                                  4,257        

      (5)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        4,259        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  4,260        

CIVIL ACTION.                                                      4,261        

      The board shall conduct all investigations and proceedings   4,263        

in a manner that protects patient THE confidentiality OF PATIENTS  4,265        

AND PERSONS WHO FILE COMPLAINTS WITH THE BOARD.  The board shall   4,267        

not make public THE names or ANY other identifying information     4,268        

                                                          96     

                                                                 
about patients OR COMPLAINANTS unless proper consent is given or,  4,269        

IN THE CASE OF A PATIENT, a waiver of the patient privilege        4,270        

exists under division (B) of section 2317.02 of the Revised Code,  4,271        

except that no consent or A waiver of that nature is NOT required  4,272        

if the board possesses reliable and substantial evidence that no   4,274        

bona fide physician-patient relationship exists.                   4,275        

      (2)  In the absence of fraud or bad faith, neither the       4,277        

board, nor any current or former member, agent, representative,    4,278        

or employee of the board, nor any provider of educational and      4,279        

assessment services selected by the board for the quality          4,280        

intervention program shall be held liable in damages to any        4,281        

person as the result of any act, omission, proceeding, conduct,    4,282        

or decision related to official duties undertaken or performed     4,284        

pursuant to this chapter.  If a current or former member, agent,                

representative, or employee of the board or a provider of          4,285        

educational and assessment services selected by the board for the  4,286        

quality intervention program requests the state to defend against  4,287        

any claim or action arising out of any act, omission, proceeding,  4,288        

conduct, or decision related to the person's official duties, if   4,289        

the request is made in writing at a reasonable time before trial,  4,290        

and if the person requesting defense cooperates in good faith in   4,291        

the defense of the claim or action, the state shall provide and    4,292        

pay for the defense and shall pay any resulting judgment,          4,293        

compromise, or settlement.  At no time shall the state pay that    4,294        

part of a claim or judgment that is for punitive or exemplary      4,295        

damages.                                                                        

      (3)  On THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES      4,299        

PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND        4,300        

PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND        4,301        

GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL  4,302        

MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER             4,303        

GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING        4,304        

ALLEGED CRIMINAL OFFENSES.  A BOARD OR AGENCY THAT RECEIVES THE    4,305        

INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING      4,306        

                                                          97     

                                                                 
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST   4,307        

COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED                

CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE     4,308        

BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS           4,309        

POSSESSION.  THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A    4,310        

CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE   4,311        

COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE  4,312        

THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF     4,313        

THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING           4,314        

INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY   4,315        

WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS  4,316        

IN THE BOARD'S POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY                  

THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR      4,317        

DELETING SPECIFIC INFORMATION FROM ITS RECORDS.                    4,319        

      (6)  ON a quarterly basis, the board shall prepare a report  4,322        

that documents the disposition of all cases during the preceding   4,323        

three months.  The report shall contain the following information  4,324        

for each case with which the board has completed its activities:   4,325        

      (a)  The case number assigned to the complaint or alleged    4,327        

violation pursuant to division (C)(1) of this section;             4,328        

      (b)  The type of license or certificate to practice, if      4,330        

any, held by the individual against whom the complaint is          4,331        

directed;                                                          4,332        

      (c)  A description of the allegations contained in the       4,334        

complaint;                                                         4,335        

      (d)  The disposition of the case.                            4,337        

      The report shall state how many cases are still pending and  4,340        

shall be prepared in a manner that protects the identity of each   4,342        

person involved in each case.  The report shall be a public        4,343        

record under section 149.43 of the Revised Code.                                

      (D)(G)  If the secretary and supervising member determine    4,345        

that there is clear and convincing evidence that a certificate     4,346        

holder AN INDIVIDUAL has violated division (B) of this section     4,347        

and that the certificate holder's INDIVIDUAL'S continued practice  4,348        

                                                          98     

                                                                 
presents a danger of immediate and serious harm to the public,     4,350        

they may recommend that the board suspend the certificate          4,351        

holder's INDIVIDUAL'S certificate TO PRACTICE without a prior      4,353        

hearing.  Written allegations shall be prepared for consideration               

by the board members.                                              4,354        

      The board, upon review of those allegations and by a AN      4,356        

AFFIRMATIVE vote of not fewer than six of its members, excluding   4,358        

the secretary and supervising member, may suspend a certificate    4,359        

without a prior hearing.  A telephone conference call may be       4,360        

utilized for reviewing the allegations and taking the vote ON THE  4,361        

SUMMARY SUSPENSION.                                                4,362        

      The board shall issue a written order of suspension by       4,364        

certified mail or in person in accordance with section 119.07 of   4,365        

the Revised Code.  The order shall not be subject to suspension    4,367        

by the court during pendency of any appeal filed under section     4,368        

119.12 of the Revised Code.  If the certificate holder INDIVIDUAL  4,369        

SUBJECT TO THE SUMMARY SUSPENSION requests an adjudicatory         4,371        

hearing by the board, the date set for that THE hearing shall be   4,372        

within fifteen days, but not earlier than seven days, after the    4,373        

certificate holder has requested a INDIVIDUAL REQUESTS THE         4,374        

hearing, unless otherwise agreed to by both the board and the      4,375        

certificate holder INDIVIDUAL.                                     4,376        

      Any summary suspension imposed under this division shall     4,378        

remain in effect, unless reversed on appeal, until a final         4,379        

adjudicative order issued by the board pursuant to this section    4,380        

and Chapter 119. of the Revised Code becomes effective.  The       4,381        

board shall issue its final adjudicative order within sixty days   4,382        

after completion of its hearing.  A failure to issue the order     4,383        

within sixty days shall result in dissolution of the summary       4,384        

suspension order but shall not invalidate any subsequent, final    4,385        

adjudicative order.                                                4,386        

      (E)(H)  If the board takes action under division (B)(9),     4,389        

(11), or (13) of this section and the conviction, judicial                      

finding of guilt, or guilty plea, OR JUDICIAL FINDING OF           4,390        

                                                          99     

                                                                 
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION is overturned on   4,391        

appeal, upon exhaustion of the criminal appeal, a petition for     4,393        

reconsideration of the order may be filed with the board along     4,394        

with appropriate court documents.  Upon receipt of a petition of   4,395        

that nature and supporting court documents, the board shall        4,396        

reinstate the petitioner's INDIVIDUAL'S certificate TO PRACTICE.   4,397        

The board may then hold an adjudication UNDER CHAPTER 119. OF THE  4,398        

REVISED CODE to determine whether the applicant or certificate     4,399        

holder INDIVIDUAL committed the act in question.  Notice of an     4,401        

opportunity for a hearing shall be given in accordance with        4,402        

Chapter 119. of the Revised Code.  If the board finds, pursuant    4,403        

to an adjudication held under this division, that the applicant    4,404        

or certificate holder INDIVIDUAL committed the act or if no        4,406        

hearing is requested, the board may order any of the sanctions                  

identified under division (B) of this section.  The board does     4,408        

not have jurisdiction under division (B)(10), (12), or (14) of                  

this section if the trial court renders a final judgment in the    4,410        

certificate holder's favor and that judgment is based upon an      4,411        

adjudication on the merits.  The board has jurisdiction under      4,412        

those divisions if the trial court issues an order of dismissal    4,413        

upon technical or procedural grounds.                              4,414        

      (F)(I)  The certificate or license TO PRACTICE issued to an  4,417        

individual under this chapter and the individual's practice in     4,419        

this state are automatically suspended as of the date the          4,420        

individual pleads guilty to, OR is found by a judge or jury to be  4,422        

guilty of, or is subject to a judicial finding of eligibility for  4,423        

treatment in lieu of conviction for either ANY of the following:   4,425        

      (1)  In this state, aggravated CRIMINAL OFFENSES IN THIS     4,427        

STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER    4,428        

JURISDICTION:  AGGRAVATED murder, murder, voluntary manslaughter,  4,431        

felonious assault, kidnapping, rape, sexual battery, gross sexual  4,432        

imposition, aggravated arson, aggravated robbery, or aggravated    4,433        

burglary;                                                                       

      (2)  In another jurisdiction, any criminal offense           4,435        

                                                          100    

                                                                 
substantially equivalent to those specified in division (F)(1) of  4,436        

this section.  CONTINUED                                           4,437        

      Continued practice after suspension of the individual's      4,440        

certificate or license shall be considered practicing without a    4,442        

certificate or license.  The                                                    

      THE board shall notify the individual subject to the         4,446        

suspension by certified mail or in person in accordance with       4,447        

section 119.07 of the Revised Code.  If an individual whose        4,448        

certificate or license is suspended under this division fails to   4,449        

make a timely request for an adjudicatory hearing ADJUDICATION     4,450        

UNDER CHAPTER 119. OF THE REVISED CODE, the board shall enter a    4,451        

final order PERMANENTLY revoking the INDIVIDUAL'S certificate or   4,452        

license TO PRACTICE.                                                            

      (G)(J)  If the board is required by Chapter 119. of the      4,455        

Revised Code to give notice of an opportunity for a hearing and    4,456        

if the applicant or certificate holder INDIVIDUAL SUBJECT TO THE   4,457        

NOTICE does not timely request a hearing in accordance with        4,458        

section 119.07 of the Revised Code, the board is not required to   4,460        

hold a hearing, but may adopt, by a AN AFFIRMATIVE vote of not     4,461        

fewer than six of its members, a final order that contains the     4,462        

board's findings.  In that final order, the board may order any    4,463        

of the sanctions identified under division (A) OR (B) of this      4,465        

section.                                                                        

      (H)(K)  Any action taken by the board under division (B) of  4,467        

this section resulting in a suspension from practice shall be      4,468        

accompanied by a written statement of the conditions under which   4,469        

the INDIVIDUAL'S certificate holder TO PRACTICE may be reinstated  4,471        

to practice.  The board shall adopt rules governing conditions to  4,472        

be imposed for reinstatement.  Reinstatement of a certificate      4,473        

suspended pursuant to division (B) of this section requires an     4,474        

affirmative vote of not fewer than six members of the board.       4,475        

      (I)(L)  WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE TO AN  4,478        

APPLICANT, REVOKES AN INDIVIDUAL'S CERTIFICATE TO PRACTICE,        4,480        

REFUSES TO REGISTER AN APPLICANT, OR REFUSES TO REINSTATE AN       4,481        

                                                          101    

                                                                 
INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD MAY SPECIFY THAT   4,482        

ITS ACTION IS PERMANENT.  AN INDIVIDUAL SUBJECT TO A PERMANENT     4,483        

ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER INELIGIBLE TO      4,484        

HOLD A CERTIFICATE TO PRACTICE AND THE BOARD SHALL NOT ACCEPT AN   4,485        

APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE   4,486        

OF A NEW CERTIFICATE.                                                           

      (M)  Notwithstanding any other provision of the Revised      4,488        

Code, no ALL OF THE FOLLOWING APPLY:                               4,489        

      (1)  THE surrender of a license or certificate issued under  4,491        

this chapter shall NOT be effective unless or until accepted by    4,493        

the board.  Reinstatement of a certificate surrendered to the      4,494        

board requires an affirmative vote of not fewer than six members   4,495        

of the board.                                                                   

      Notwithstanding any other provision of the Revised Code, no  4,497        

      (2)  AN application for a license or certificate made under  4,500        

the provisions of this chapter may NOT be withdrawn without        4,502        

approval of the board.                                                          

      (3)  FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF      4,505        

REGISTRATION IN ACCORDANCE WITH THIS CHAPTER SHALL NOT REMOVE OR                

LIMIT THE BOARD'S JURISDICTION TO TAKE ANY DISCIPLINARY ACTION     4,507        

UNDER THIS SECTION AGAINST THE INDIVIDUAL.                         4,508        

      (J)(N)  Sanctions shall not be imposed under division        4,510        

(B)(28) of this section against any person who waives deductibles  4,512        

and copayments as follows:                                                      

      (1)  In compliance with the health benefit plan that         4,514        

expressly allows such a practice.  Waiver of the deductibles or    4,515        

copayments shall be made only with the full knowledge and consent  4,516        

of the plan purchaser, payer, and third-party administrator.       4,517        

Documentation of the consent shall be made available to the board  4,518        

upon request.                                                                   

      (2)  For professional services rendered to any other person  4,520        

authorized to practice pursuant to this chapter, to the extent     4,522        

allowed by this chapter and rules adopted by the board.            4,523        

      (K)(O)  Under the board's investigative duties described in  4,525        

                                                          102    

                                                                 
this section and subject to division (C)(F) of this section, the   4,527        

board shall develop and implement a quality intervention program   4,529        

designed to improve physicians' clinical and communication skills  4,530        

through remedial education THE CLINICAL AND COMMUNICATION SKILLS   4,531        

OF INDIVIDUALS AUTHORIZED UNDER THIS CHAPTER TO PRACTICE MEDICINE  4,532        

AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, AND PODIATRY.  In   4,533        

developing and implementing the quality intervention program, the  4,534        

board may do all of the following:                                 4,535        

      (1)  Offer in appropriate cases as determined by the board   4,537        

an educational and assessment program to physicians pursuant to    4,538        

an investigation the board conducts under this section;            4,540        

      (2)  Select providers of educational and assessment          4,542        

services for physicians, including a quality intervention program  4,543        

panel of case reviewers;                                           4,544        

      (3)  Refer physicians MAKE REFERRALS to educational and      4,546        

assessment service providers and approve individual educational    4,548        

programs recommended by those providers.  The board shall monitor  4,549        

the progress of each physician INDIVIDUAL undertaking an A         4,550        

RECOMMENDED INDIVIDUAL educational program of that nature.         4,551        

      (4)  Determine WHAT CONSTITUTES successful completion of an  4,553        

INDIVIDUAL educational program undertaken by a referred physician  4,555        

and require further monitoring of a physician THE INDIVIDUAL WHO   4,556        

COMPLETED THE PROGRAM or other action that the board determines    4,557        

to be appropriate;                                                              

      (5)  Adopt rules in accordance with Chapter 119. of the      4,559        

Revised Code to further implement the quality intervention         4,561        

program.                                                                        

      A physician AN INDIVIDUAL who participates in an individual  4,563        

educational program pursuant to this division shall pay the        4,565        

financial obligations arising from that educational program.       4,566        

      Sec. 4731.221.  If the state medical board has reason to     4,575        

believe that any person who has been granted a certificate under   4,576        

Chapter 4731. of the Revised Code is mentally ill or mentally      4,577        

incompetent, it may file in the probate court of the county in     4,578        

                                                          103    

                                                                 
which such person has a legal residence an affidavit in the form   4,579        

prescribed in section 5122.11 of the Revised Code and signed by    4,580        

the board secretary or a member of his THE BOARD SECRETARY'S       4,581        

staff, whereupon the same proceedings shall be had as provided in  4,583        

Chapter 5122. of the Revised Code.  The attorney general may       4,584        

represent the board in any proceeding commenced under this         4,585        

section.                                                                        

      If any person who has been granted a certificate is          4,587        

adjudged by a probate court to be mentally ill or mentally         4,588        

incompetent, his THE PERSON'S certificate shall be automatically   4,589        

suspended until such person has filed with the state medical       4,591        

board a certified copy of an adjudication by a probate court of    4,592        

his THE PERSON'S subsequent restoration to competency or has       4,594        

submitted to such board proof, satisfactory to the board, that he  4,595        

THE PERSON has been discharged as having a restoration to          4,597        

competency in the manner and form provided in section 5122.38 of   4,598        

the Revised Code.  The judge of such court shall forthwith notify  4,599        

the state medical board of an adjudication of incompetence, and    4,600        

shall note any suspension of a certificate in the margin of the    4,601        

court's record of such certificate.  In the absence of fraud or    4,602        

bad faith, neither the state medical board nor any member, agent,  4,603        

representative, or employee thereof shall be held liable in        4,604        

damages by any person by reason of the filing of the affidavit     4,605        

referred to in this section.                                       4,606        

      Sec. 4731.222.  Before restoring to good standing a          4,615        

certificate issued under this chapter that has been in a           4,616        

suspended or inactive state for any cause for more than two        4,617        

years, or before issuing a certificate pursuant to section         4,618        

4731.18, 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised    4,620        

Code to an applicant who for more than two years has not been                   

engaged in the practice of medicine, osteopathic medicine, or      4,622        

podiatry, OR A LIMITED BRANCH OF MEDICINE as an active             4,623        

practitioner, as a participant in a postgraduate training program  4,625        

approved by the state medical board, or PROGRAM OF GRADUATE        4,626        

                                                          104    

                                                                 
MEDICAL EDUCATION, AS DEFINED IN SECTION 4731.091 OF THE REVISED   4,627        

CODE, as a student in good standing at a medical or osteopathic    4,628        

school or A college of podiatry approved DETERMINED by the board   4,629        

TO BE IN GOOD STANDING, OR AS A STUDENT IN A SCHOOL, COLLEGE, OR   4,630        

INSTITUTION GIVING INSTRUCTION IN A LIMITED BRANCH OF MEDICINE     4,631        

DETERMINED BY THE BOARD TO BE IN GOOD STANDING UNDER SECTION                    

4731.19 OF THE REVISED CODE, the state medical board may require   4,633        

the applicant to pass an oral or written examination, or both, to  4,634        

determine the applicant's present fitness to resume practice.      4,635        

      The authority of the board to impose terms and conditions    4,637        

includes the following:                                            4,638        

      (A)  Requiring the applicant to obtain additional training   4,640        

and to pass an examination upon completion of such training;       4,641        

      (B)  Restricting or limiting the extent, scope, or type of   4,643        

practice of the applicant.                                         4,644        

      The board shall consider the moral background and the        4,646        

activities of the applicant during the period of suspension or     4,647        

inactivity, in accordance with section 4731.08 of the Revised      4,648        

Code.                                                              4,649        

      Sec. 4731.223.  (A)  As used in this section, "prosecutor"   4,658        

has the same meaning as in section 2935.01 of the Revised Code.    4,659        

      (B)  Whenever any person holding a valid certificate issued  4,661        

pursuant to this chapter is convicted of or pleads guilty to, IS   4,663        

SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A      4,664        

JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF                        

CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of    4,665        

the Revised Code or of any substantively comparable ordinance of   4,667        

a municipal corporation in connection with the person's practice,  4,668        

the prosecutor in the case, on forms prescribed and provided by    4,670        

the state medical board, shall promptly notify the board of the    4,671        

conviction or guilty plea.  Within thirty days of receipt of that  4,672        

information, the board shall initiate action in accordance with    4,674        

Chapter 119. of the Revised Code to determine whether to suspend   4,675        

or revoke the certificate under section 4731.22 of the Revised     4,676        

                                                          105    

                                                                 
Code.                                                                           

      (C)  The prosecutor in any case against any person holding   4,678        

a valid certificate issued pursuant to this chapter, on forms      4,680        

prescribed and provided by the state medical board, shall notify                

the board of any of the following:                                 4,681        

      (1)  A plea of guilty to, or a finding of guilt by a jury    4,683        

or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN   4,685        

LIEU OF CONVICTION FOR a felony, or a case in which the trial      4,687        

court issues an order of dismissal upon technical or procedural    4,688        

grounds of a felony charge;                                        4,689        

      (2)  A plea of guilty to, or a finding of guilt by a jury    4,692        

or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN   4,694        

LIEU OF CONVICTION FOR a misdemeanor committed in the course of    4,696        

practice, or a case in which the trial court issues an order of    4,697        

dismissal upon technical or procedural grounds of a charge of a    4,699        

misdemeanor, if the alleged act was committed in the course of     4,700        

practice;                                                                       

      (3)  A plea of guilty to, or a finding of guilt by a jury    4,702        

or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN   4,704        

LIEU OF CONVICTION FOR a misdemeanor involving moral turpitude,    4,706        

or a case in which the trial court issues an order of dismissal    4,707        

upon technical or procedural grounds of a charge of a misdemeanor  4,709        

involving moral turpitude.                                         4,710        

      The report shall include the name and address of the         4,712        

certificate holder, the nature of the offense for which the        4,713        

action was taken, and the certified court documents recording the  4,714        

action.                                                            4,715        

      Sec. 4731.224.  (A)  Within sixty days after the completion  4,724        

IMPOSITION of any formal disciplinary procedure ACTION taken by    4,726        

any HEALTH CARE FACILITY, INCLUDING A hospital or, HEALTH CARE     4,727        

FACILITY OPERATED BY A HEALTH INSURING CORPORATION, ambulatory     4,728        

surgical center, OR SIMILAR FACILITY, against any person           4,729        

INDIVIDUAL holding a valid certificate TO PRACTICE issued          4,731        

pursuant to this chapter, the chief administrator or executive     4,732        

                                                          106    

                                                                 
officer of the facility shall report to the STATE MEDICAL board    4,733        

the name of the certificate holder INDIVIDUAL, the action taken    4,734        

by the facility, and a summary of the underlying facts leading to  4,735        

the action taken.  Upon request, the board shall be provided       4,736        

CERTIFIED copies of the patient records minus patient identifiers  4,737        

which THAT were the basis for the facility's action.  Prior to     4,738        

release to the board, the summary shall be approved by the peer    4,739        

review committee which THAT reviewed the case or by the governing  4,740        

board of the facility.  As used in this division, "formal          4,742        

disciplinary procedure ACTION" means any procedure ACTION          4,743        

resulting in the revocation, restriction, reduction, or            4,745        

termination of clinical privileges for violations of professional  4,746        

ethics, or for reasons of medical incompetence, medical            4,747        

malpractice, or drug or alcohol abuse.  "FORMAL DISCIPLINARY       4,748        

ACTION" INCLUDES A SUMMARY ACTION, AN ACTION THAT TAKES EFFECT     4,749        

NOTWITHSTANDING ANY APPEAL RIGHTS THAT MAY EXIST, AND AN ACTION    4,750        

THAT RESULTS IN AN INDIVIDUAL SURRENDERING CLINICAL PRIVILEGES     4,751        

WHILE UNDER INVESTIGATION AND DURING PROCEEDINGS REGARDING THE     4,752        

ACTION BEING TAKEN OR IN RETURN FOR NOT BEING INVESTIGATED OR      4,753        

HAVING PROCEEDINGS HELD.  "Formal disciplinary procedure ACTION"   4,754        

does not include any action taken for the sole reason of failure   4,756        

to maintain records on a timely basis or failure to attend staff   4,757        

or section meetings.                                                            

      The filing or nonfiling of a report with the board,          4,759        

investigation by the board, or any disciplinary action taken by    4,760        

the board, shall not preclude any action by a health care          4,761        

facility or professional society to suspend, restrict, or revoke   4,762        

the INDIVIDUAL'S CLINICAL privileges or membership of such         4,763        

physician.                                                         4,764        

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       4,766        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  4,767        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     4,768        

      (B)  If any individual authorized to practice under this     4,771        

chapter or any, PROFESSIONAL association or society of SUCH        4,772        

                                                          107    

                                                                 
individuals authorized to practice under this chapter, OR HEALTH   4,773        

CARE FACILITY believes that a violation of any provision of this   4,774        

chapter, Chapter 4730. of the Revised Code, or any rule of the     4,775        

board has occurred, the individual, association ORGANIZATION, or   4,776        

society FACILITY shall report to the board the information upon    4,777        

which the belief is based.  This division does not require any     4,778        

person or organization that is a treatment provider approved by    4,779        

the board under section 4731.25 of the Revised Code or any         4,782        

employee, agent, or representative of such a provider to make      4,783        

reports with respect to a AN IMPAIRED practitioner participating   4,784        

in treatment or aftercare so FOR SUBSTANCE ABUSE AS long as the    4,785        

practitioner maintains participation in accordance with the        4,786        

requirements of section 4731.25 of the Revised Code, and so AS     4,787        

long as the association, society, or individual TREATMENT          4,788        

PROVIDER OR EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER     4,789        

has no reason to believe that the practitioner has violated any    4,790        

provision of this chapter or any rule adopted under it, other      4,791        

than the provisions of division (B)(26) of section 4731.22 of the  4,794        

Revised Code.  This division does not require reporting by any     4,795        

member of an impaired practitioner committee established by a      4,796        

hospital HEALTH CARE FACILITY or by any representative or agent    4,797        

of a committee or program sponsored by a professional association  4,798        

OR SOCIETY of individuals authorized to practice under this        4,799        

chapter to provide peer assistance to practitioners with           4,801        

substance abuse problems with respect to a practitioner who has    4,802        

been referred for examination to a treatment program approved by   4,803        

the board under section 4731.25 of the Revised Code if the         4,804        

practitioner cooperates with the referral for examination and      4,805        

with any determination that the physician assistant PRACTITIONER   4,806        

should enter treatment and so AS long as the committee member,     4,807        

representative, or agent has no reason to believe that the         4,808        

practitioner has ceased to participate in the treatment program    4,809        

in accordance with section 4731.25 of the Revised Code or has      4,810        

violated any provision of this chapter or any rule adopted under   4,812        

                                                          108    

                                                                 
it, other than the provisions of division (B)(26) of section       4,814        

4731.22 of the Revised Code.                                                    

      (C)  Any professional ASSOCIATION OR society composed        4,816        

primarily of doctors of medicine and surgery, doctors of           4,818        

osteopathic medicine and surgery, or doctors of podiatry, OR       4,819        

PRACTITIONERS OF LIMITED BRANCHES OF MEDICINE that suspends or     4,820        

revokes an individual's membership in that society for violations  4,821        

of professional ethics, or for reasons of professional             4,822        

incompetence or professional malpractice, within sixty days after  4,823        

a final decision shall report to the board, on forms prescribed    4,824        

and provided by the board, the name of the member INDIVIDUAL, the  4,826        

action taken by the society PROFESSIONAL ORGANIZATION, and a                    

summary of the underlying facts leading to the action taken.       4,828        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     4,830        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY     4,831        

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL        4,832        

ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN            4,833        

INDIVIDUAL.                                                                     

      (D)  Any insurer providing professional liability insurance  4,835        

to any person holding a valid certificate issued pursuant to AN    4,836        

INDIVIDUAL AUTHORIZED TO PRACTICE UNDER this chapter, or any       4,837        

other entity that seeks to indemnify the professional liability    4,838        

of any person holding a valid certificate issued pursuant to this  4,839        

chapter SUCH AN INDIVIDUAL, shall notify the board within thirty   4,840        

days after the final disposition of any written claim for damages  4,841        

where such disposition results in a payment which exceeds          4,842        

EXCEEDING twenty-five thousand dollars.  Such THE notice shall     4,843        

contain the following information:                                 4,844        

      (1)  The name and address of the person submitting the       4,846        

notification;                                                      4,847        

      (2)  The name and address of the insured who is the subject  4,849        

of the claim;                                                      4,850        

      (3)  The name of the person filing the written claim;        4,852        

      (4)  The date of final disposition;                          4,854        

                                                          109    

                                                                 
      (5)  If applicable, the identity of the court in which the   4,856        

final disposition of the claim took place.                         4,857        

      (E)  On the basis of the reporting provisions in this        4,859        

section, the THE board may investigate possible violations of      4,860        

this chapter or a rule THE RULES adopted under it.  The board may  4,861        

also investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF  4,862        

THE REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD  4,864        

SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES    4,865        

repeated malpractice.  As used in this division, "repeated         4,867        

malpractice" is MEANS three or more claims for medical             4,868        

malpractice within the previous A five-year period, each           4,870        

resulting in a judgment or settlement in excess of twenty-five     4,871        

thousand dollars in favor of the claimant, and each involving      4,872        

negligent conduct by the physician PRACTICING INDIVIDUAL.          4,873        

      (F)  All summaries, reports, and records received and        4,875        

maintained by the board pursuant to this section shall be held in  4,876        

confidence and shall not be subject to discovery or introduction   4,877        

in evidence in any federal or state civil action involving a       4,878        

health care professional or facility arising out of matters which  4,879        

THAT are the subject of such THE reporting to the board REQUIRED   4,881        

BY THIS SECTION.  The board may only use the information obtained  4,882        

ONLY as the basis for an investigation, as evidence in a           4,883        

disciplinary hearing against the certificate holder AN INDIVIDUAL  4,884        

WHOSE PRACTICE IS REGULATED UNDER THIS CHAPTER, or in any                       

subsequent trial or appeal of a board action or order.             4,886        

      The board may only disclose the summaries and reports which  4,888        

it receives under this section ONLY to hospital HEALTH CARE        4,889        

FACILITY committees within or outside Ohio which THIS STATE THAT   4,891        

are involved in credentialling CREDENTIALING or recredentialling   4,892        

RECREDENTIALING the certificate holder INDIVIDUAL or in reviewing  4,893        

his THE INDIVIDUAL'S clinical privileges.  The board shall         4,894        

indicate whether or not the information has been verified.         4,895        

Information thus transmitted by the board shall be subject to the  4,896        

same confidentiality provisions as when maintained by the board.   4,897        

                                                          110    

                                                                 
      (G)  Except for reports filed by an individual pursuant to   4,900        

division (B) of this section, THE BOARD SHALL SEND a copy of any   4,901        

reports or summaries received by the board IT RECEIVES pursuant    4,902        

to this section shall be sent to the certificate holder by the     4,903        

board INDIVIDUAL WHO IS THE SUBJECT OF THE REPORTS OR SUMMARIES.   4,904        

The certificate holder INDIVIDUAL shall have the right to file a   4,905        

statement with the board concerning the correctness or relevance   4,906        

of the information.  Such THE statement shall at all times         4,907        

accompany that part of the record in contention.                   4,908        

      (H)  Any person, health care facility, association,          4,910        

society, AN INDIVIDUAL or insurer who ENTITY THAT, pursuant to     4,912        

this section, reports to the board or who refers an impaired       4,913        

practitioner to a treatment provider approved by the board under   4,914        

section 4731.25 of the Revised Code shall not be subject to suit   4,915        

for civil damages as a result of the report, referral, or          4,917        

provision of the information.                                                   

      (I)  In the absence of fraud or bad faith, no professional   4,919        

association OR SOCIETY of individuals authorized to practice       4,920        

under this chapter that sponsors a committee or program to         4,922        

provide peer assistance to practitioners with substance abuse      4,923        

problems, no representative or agent of such a committee or        4,924        

program, and no member of the state medical board shall be held    4,925        

liable in damages to any person by reason of actions taken to      4,926        

refer a practitioner to a treatment provider approved under        4,927        

section 4731.25 of the Revised Code for examination or treatment.  4,928        

      Sec. 4731.225.  If the holder of a certificate ISSUED under  4,938        

this chapter violates division (A), (B), or (C) of section         4,939        

4731.66 or section 4731.69 of the Revised Code, or if any other    4,940        

person violates division (B) or (C) of section 4731.66 or section  4,942        

4731.69 of the Revised Code, the state medical board, pursuant to               

an adjudication hearing conducted in accordance with UNDER         4,943        

Chapter 119. of the Revised Code and a AN AFFIRMATIVE vote of not  4,944        

fewer than six of its members, shall:                              4,945        

      (A)  For a first violation, impose a civil penalty of not    4,947        

                                                          111    

                                                                 
more than five thousand dollars;                                   4,948        

      (B)  For each subsequent violation, impose a civil penalty   4,950        

of not more than twenty thousand dollars and, if the violator is   4,951        

a certificate holder, proceed under division (B)(27) of section    4,952        

4731.22 of the Revised Code.                                                    

      Sec. 4731.25.  The state medical board, in accordance with   4,961        

Chapter 119. of the Revised Code, shall adopt and may amend and    4,962        

rescind rules establishing standards for approval of physicians    4,963        

and facilities as treatment providers for impaired practitioners   4,964        

who are regulated under this chapter or Chapter 4730. of the       4,965        

Revised Code.  The rules shall include standards for both          4,966        

inpatient and outpatient treatment.  The rules shall provide that  4,967        

in order to be approved, a treatment provider must have the        4,968        

capability of making an initial examination to determine what      4,969        

type of treatment an impaired practitioner requires.  Subject to   4,970        

the rules, the board shall review and approve treatment providers  4,971        

on a regular basis.  The board, at its discretion, may withdraw    4,972        

or deny approval subject to the rules.                             4,973        

      An approved impaired practitioner treatment provider shall:  4,975        

      (A)  Report to the board the name of any practitioner        4,977        

suffering or showing evidence of suffering impairment as           4,978        

described in division (B)(6)(5) of section 4730.25 of the Revised  4,980        

Code or division (B)(26) of section 4731.22 of the Revised Code    4,982        

who fails to comply within one week with a referral for                         

examination;                                                       4,983        

      (B)  Report to the board the name of any impaired            4,985        

practitioner who fails to enter treatment within forty-eight       4,986        

hours following the provider's determination that the              4,987        

practitioner needs treatment;                                      4,988        

      (C)  Require every practitioner who enters treatment to      4,990        

agree to a treatment contract establishing the terms of treatment  4,991        

and aftercare, including any required supervision or restrictions  4,992        

of practice during treatment or aftercare;                         4,993        

      (D)  Require a practitioner to suspend practice upon entry   4,995        

                                                          112    

                                                                 
into any required inpatient treatment;                             4,996        

      (E)  Report to the board any failure by an impaired          4,998        

practitioner to comply with the terms of the treatment contract    4,999        

during inpatient or outpatient treatment or aftercare;             5,000        

      (F)  Report to the board the resumption of practice of any   5,002        

impaired practitioner before the treatment provider has made a     5,003        

clear determination that the practitioner is capable of            5,004        

practicing according to acceptable and prevailing standards of     5,005        

care;                                                              5,006        

      (G)  Require a practitioner who resumes practice after       5,008        

completion of treatment to comply with an aftercare contract that  5,009        

meets the requirements of rules adopted by the board for approval  5,010        

of treatment providers;                                            5,011        

      (H)  Report the identity of any practitioner practicing      5,013        

under the terms of an aftercare contract to hospital               5,014        

administrators, medical chiefs of staff, and chairpersons of       5,015        

impaired practitioner committees of all health care institutions   5,017        

at which the practitioner holds clinical privileges or otherwise   5,018        

practices.  If the practitioner does not hold clinical privileges  5,020        

at any health care institution, the treatment provider shall       5,021        

report the practitioner's identity to the impaired physicians      5,022        

PRACTITIONER committee of the county medical society, osteopathic  5,023        

academy, or podiatric medical association in every county in       5,024        

which the practitioner practices.  If there are no impaired        5,025        

physicians PRACTITIONER committees in the county, the treatment    5,027        

provider shall report the practitioner's identity to the           5,028        

president or other designated member of the county medical         5,029        

society, osteopathic academy, or podiatric medical association.    5,030        

      (I)  Report to the board the identity of any practitioner    5,032        

who suffers a relapse at any time during or following aftercare.   5,033        

      Any individual authorized to practice under this chapter     5,036        

who enters into treatment by an approved treatment provider shall  5,037        

be deemed to have waived any confidentiality requirements that     5,038        

would otherwise prevent the treatment provider from making         5,039        

                                                          113    

                                                                 
reports required under this section.                               5,040        

      In the absence of fraud or bad faith, no person or           5,042        

organization that conducts an approved impaired practitioner       5,043        

treatment program, no member of such an organization, and no       5,045        

employee, representative, or agent of the treatment provider       5,046        

shall be held liable in damages to any person by reason of         5,047        

actions taken or recommendations made by the treatment provider    5,048        

or its employees, representatives, or agents.                                   

      Sec. 4731.281.  (A)  On or before the deadline established   5,058        

under division (B) of this section for applying for renewal of a   5,060        

certificate of registration, each person holding a certificate     5,062        

under this chapter to practice medicine and surgery, osteopathic   5,063        

medicine and surgery, or podiatry shall certify to the state       5,064        

medical board that in the preceding two years the person has       5,065        

completed one hundred hours of continuing medical education.  The  5,066        

certification shall be made upon the application for BIENNIAL      5,067        

registration furnished by the board SUBMITTED pursuant to          5,069        

DIVISION (B) OF this section.  For purposes of meeting this        5,071        

requirement, THE BOARD SHALL ADOPT RULES PROVIDING FOR PRO RATA    5,072        

REDUCTIONS BY MONTH OF THE NUMBER OF HOURS OF CONTINUING           5,074        

EDUCATION REQUIRED FOR PERSONS WHO ARE IN THEIR FIRST              5,075        

REGISTRATION PERIOD, WHO HAVE A REGISTRATION PERIOD OF LESS THAN   5,076        

TWO YEARS DUE TO INITIAL IMPLEMENTATION OF THE STAGGERED RENEWAL   5,077        

SCHEDULE ESTABLISHED UNDER DIVISION (B) OF THIS SECTION, WHO HAVE  5,078        

BEEN DISABLED DUE TO ILLNESS OR ACCIDENT, OR WHO HAVE BEEN ABSENT  5,080        

FROM THE COUNTRY.                                                               

      IN DETERMINING WHETHER A COURSE, PROGRAM, OR ACTIVITY        5,082        

QUALIFIES FOR CREDIT AS CONTINUING MEDICAL EDUCATION, THE BOARD    5,083        

SHALL APPROVE all continuing medical education taken by persons    5,085        

holding a certificate to practice medicine and surgery shall be    5,086        

THAT IS certified by the Ohio state medical association and        5,087        

approved by the board;, all continuing medical education taken by  5,088        

persons holding a certificate to practice osteopathic medicine     5,089        

and surgery shall be THAT IS certified by the Ohio osteopathic     5,090        

                                                          114    

                                                                 
association and approved by the board;, and all continuing         5,091        

medical education taken by persons holding a certificate to        5,093        

practice podiatry shall be THAT IS certified by the Ohio           5,094        

podiatric medical association and approved by the board.  The      5,096        

board shall adopt rules providing for pro rata adjustments by      5,097        

month of the hours of continuing education required by this        5,099        

section for persons who are in their first registration period,    5,100        

who have a registration period of less than two years due to       5,101        

initial implementation of the staggered renewal schedule           5,102        

established under division (B) of this section, who have been      5,103        

disabled due to illness or accident, or who have been absent from  5,104        

the country.  Each person holding a certificate to practice under  5,105        

this chapter shall be given sufficient choice of continuing        5,106        

education programs to ensure that the person has had a reasonable  5,107        

opportunity to participate in continuing education programs that   5,109        

are relevant to the person's medical practice in terms of subject  5,111        

matter and level.  The                                                          

      THE board may require a random sample of persons holding a   5,114        

certificate to practice under this chapter to submit materials     5,115        

documenting completion of the continuing medical education         5,116        

requirement during the preceding registration period, but this     5,117        

provision shall not limit the board's authority to investigate     5,118        

pursuant to section 4731.22 of the Revised Code.                   5,119        

      (B)(1)  Every person holding a certificate under this        5,121        

chapter to practice medicine and surgery, osteopathic medicine     5,122        

and surgery, or podiatry wishing to renew that certificate shall   5,123        

apply to the board for a certificate of registration upon an       5,125        

application furnished by the board, and pay TO THE BOARD AT THE    5,126        

TIME OF APPLICATION a fee of two hundred seventy-five dollars to   5,127        

the board, according to the following schedule:                    5,128        

      (a)  Persons whose last name begins with the letters "A"     5,130        

through "B," on or before April 1, 2001, and the first day of      5,131        

April of every odd-numbered year thereafter;                       5,132        

      (b)  Persons whose last name begins with the letters "C"     5,134        

                                                          115    

                                                                 
through "D," on or before January 1, 2001, and the first day of    5,135        

January of every odd-numbered year thereafter;                     5,136        

      (c)  Persons whose last name begins with the letters "E"     5,139        

through "G," on or before October 1, 2000, and the first day of    5,142        

October of every even-numbered year thereafter;                    5,143        

      (d)  Persons whose last name begins with the letters "H"     5,146        

through "K," on or before July 1, 2000, and the first day of July  5,149        

of every even-numbered year thereafter;                            5,150        

      (e)  Persons whose last name begins with the letters "L"     5,153        

through "M," on or before April 1, 2000, and the first day of      5,156        

April of every even-numbered year thereafter;                      5,157        

      (f)  Persons whose last name begins with the letters "N"     5,160        

through "R," on or before January 1, 2000, and the first day of    5,163        

January of every even-numbered year thereafter;                    5,164        

      (g)  Persons whose last name begins with the letter "S," on  5,167        

or before October 1, 1999, and the first day of October of every   5,169        

odd-numbered year thereafter;                                      5,170        

      (h)  Persons whose last name begins with the letters "T"     5,173        

through "Z," on or before July 1, 1999, and the first day of July  5,174        

of every odd-numbered year thereafter.                             5,175        

      The board shall deposit the fee in accordance with section   5,178        

4731.24 of the Revised Code, except that, until July 30, 2001,     5,180        

the board shall deposit twenty dollars of the fee into the state   5,181        

treasury to the credit of the physician loan repayment fund        5,182        

created by section 3702.78 of the Revised Code.                    5,183        

      The board shall assess a penalty of twenty-five dollars for  5,186        

late applications.  The board shall deposit penalties in           5,187        

accordance with section 4731.24 of the Revised Code.               5,188        

      (2)  The board shall mail or cause to be mailed to every     5,191        

person registered to practice medicine and surgery, osteopathic    5,192        

medicine and surgery, or podiatry, an application for              5,193        

registration addressed to the PERSON'S last known post-office      5,194        

address of such person or may cause such THE application to be     5,196        

sent to such THE person through the secretary of any recognized    5,198        

                                                          116    

                                                                 
medical, osteopathic, or podiatric society, according to the       5,200        

following schedule:                                                             

      (a)  To persons whose last name begins with the letters "A"  5,202        

through "B," on or before January 1, 2001, and the first day of    5,204        

January of every odd-numbered year thereafter;                     5,205        

      (b)  To persons whose last name begins with the letters "C"  5,208        

through "D," on or before October 1, 2000, and the first day of    5,211        

October of every even-numbered year thereafter;                    5,212        

      (c)  To persons whose last name begins with the letters "E"  5,215        

through "G," on or before July 1, 2000, and the first day of July  5,218        

of every even-numbered year thereafter;                            5,219        

      (d)  To persons whose last name begins with the letters "H"  5,222        

through "K," on or before April 1, 2000, and the first day of      5,225        

April of every even-numbered year thereafter;                      5,226        

      (e)  To persons whose last name begins with the letters "L"  5,229        

through "M," on or before January 1, 2000, and the first day of    5,232        

January of every even-numbered year thereafter;                    5,233        

      (f)  To persons whose last name begins with the letters "N"  5,236        

through "R," on or before October 1, 1999, and the first day of    5,239        

October of every odd-numbered year thereafter;                     5,240        

      (g)  To persons whose last name begins with the letter "S,"  5,243        

on or before July 1, 1999, and the first day of July of every      5,245        

odd-numbered year thereafter;                                      5,246        

      (h)  To persons whose last name begins with the letters "T"  5,249        

through "Z," on or before April 1, 1999, and the first day of      5,252        

April of every odd-numbered year thereafter.                       5,253        

      Failure of any person to receive an application from the     5,256        

board shall not excuse the person from the requirements contained  5,257        

in this section.  The application shall contain proper spaces for  5,258        

the applicant's signature and the insertion of the required        5,259        

information, including a statement that the person has fulfilled   5,261        

the continuing education requirements imposed by this section.     5,262        

      The applicant shall write or cause to be written upon the    5,264        

application so furnished the applicant's full name, principal      5,266        

                                                          117    

                                                                 
practice address and residence address, the number of the          5,268        

applicant's certificate to practice, and any other facts for the   5,270        

identification of the applicant as a person holding a certificate  5,271        

to practice under this chapter as the board considers necessary.   5,272        

The applicant shall include with the application a list of the     5,273        

names and addresses of any clinical nurse specialists, certified   5,274        

nurse-midwives, or certified nurse practitioners with whom the     5,275        

applicant is currently collaborating, as defined in section        5,276        

4723.02 of the Revised Code.  The applicant shall execute and      5,279        

deliver the application to the board by mail or in person.  Every  5,280        

person registered under this section shall give written notice to  5,281        

the board of any change of principal practice address or           5,282        

residence address or in the list within thirty days of the         5,283        

change.                                                                         

      The applicant shall report any criminal offense that         5,285        

constitutes grounds for refusal of registration under section      5,286        

4731.22 of the Revised Code TO WHICH THE APPLICANT HAS PLEADED     5,287        

GUILTY, of which the applicant has been found guilty, or to which  5,290        

the applicant has entered a plea of guilty or no contest FOR       5,291        

WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE FOR TREATMENT IN LIEU  5,292        

OF CONVICTION, since the LAST signing of the applicant's latest    5,293        

preceding AN application for a certificate to practice medicine    5,295        

or surgery OF REGISTRATION.                                                     

      (C)  The board shall issue to any person holding a           5,297        

certificate under this chapter to practice medicine and surgery,   5,298        

osteopathic medicine and surgery, or podiatry, upon application    5,299        

and qualification therefor in accordance with this section, a      5,300        

certificate of registration under the seal of the board.  Such A   5,301        

certificate OF REGISTRATION shall be valid for a two-year period,  5,302        

commencing on the first day of the third month after the           5,304        

registration fee is due and expiring on the last day of the month  5,306        

two years thereafter.                                              5,307        

      The board shall publish and cause to be mailed to each       5,311        

person registered under this section, upon request, a printed      5,312        

                                                          118    

                                                                 
list of the persons so registered.                                              

      (D)  Failure of any certificate holder to register and       5,314        

comply with this section shall operate automatically to suspend    5,315        

the holder's certificate to practice, and the continued.           5,317        

CONTINUED practice after the suspension of the certificate to      5,319        

practice shall be considered as practicing without a license IN    5,320        

VIOLATION OF SECTION 4731.41, 4731.43, OR 4731.60 OF THE REVISED   5,321        

CODE.  A SUBJECT TO SECTION 4731.222 OF THE REVISED CODE, THE      5,322        

BOARD SHALL REINSTATE A certificate to practice suspended for      5,324        

less than two years for failure to register shall be reinstated    5,325        

by the board upon AN APPLICANT'S submission of the current and     5,326        

delinquent BIENNIAL registration fees FEE, the twenty-five-dollar  5,328        

APPLICABLE MONETARY penalty for late applications, and             5,329        

certification by signature of the applicant that the applicant     5,330        

has completed the requisite continuing medical education.  THE     5,331        

PENALTY FOR REINSTATEMENT SHALL BE FIFTY DOLLARS IF THE            5,333        

CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND ONE       5,334        

HUNDRED DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE                  

THAN TWO YEARS.  THE BOARD SHALL DEPOSIT THE PENALTIES IN          5,335        

ACCORDANCE WITH SECTION 4731.24 OF THE REVISED CODE.               5,337        

      (E)  IF AN INDIVIDUAL CERTIFIES COMPLETION OF THE NUMBER OF  5,339        

HOURS AND TYPE OF CONTINUING MEDICAL EDUCATION REQUIRED TO         5,341        

RECEIVE A CERTIFICATE OF REGISTRATION OR REINSTATEMENT OF A        5,342        

CERTIFICATE TO PRACTICE, AND THE BOARD FINDS THROUGH THE RANDOM    5,343        

SAMPLES IT CONDUCTS UNDER THIS SECTION OR THROUGH ANY OTHER MEANS  5,344        

THAT THE INDIVIDUAL DID NOT COMPLETE THE REQUISITE CONTINUING      5,345        

MEDICAL EDUCATION, THE BOARD MAY IMPOSE A CIVIL PENALTY OF NOT     5,346        

MORE THAN FIVE THOUSAND DOLLARS.  THE BOARD'S FINDING SHALL BE     5,347        

MADE PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF THE         5,349        

REVISED CODE AND BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX      5,350        

MEMBERS.                                                                        

      A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN        5,352        

ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE      5,353        

UNDER SECTION 4731.22 OF THE REVISED CODE.  THE BOARD SHALL        5,355        

                                                          119    

                                                                 
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE  5,356        

REVISED CODE.                                                                   

      (E)(F)  The state medical board may obtain information not   5,358        

protected by statutory or common law privilege from courts and     5,359        

other sources concerning malpractice claims against any person     5,360        

holding a certificate to practice under this chapter or            5,361        

practicing as provided in section 4731.36 of the Revised Code.     5,362        

      Sec. 4731.29.  (A)  When a person licensed to practice       5,371        

medicine and surgery or osteopathic medicine and surgery by the    5,372        

licensing department of another state, a diplomate of the          5,373        

national board of medical examiners or the national board of       5,374        

examiners for osteopathic physicians and surgeons, or a            5,375        

licentiate of the medical council of Canada wishes to remove to    5,376        

this state to practice his profession, he THE PERSON shall file    5,378        

an application with the state medical board.  The board may, in                 

its discretion, by an affirmative vote of not less than six of     5,379        

its members, issue to him a ITS certificate to practice medicine   5,380        

and surgery or osteopathic medicine and surgery without requiring  5,381        

the applicant to submit to examination, provided he THE APPLICANT  5,382        

submits evidence satisfactory to the board that he meets OF        5,384        

MEETING the same age, moral character, and educational             5,385        

requirements individuals must meet under sections 4731.08,         5,386        

4731.09, 4731.091, and 4731.14 of the Revised Code and, if         5,387        

applicable, that he demonstrates proficiency in spoken English in  5,388        

accordance with division (E) of this section.                      5,389        

      (B)  The state medical board shall issue or deny its         5,391        

certificate TO PRACTICE within sixty days after the receipt of a   5,392        

complete application to practice medicine and surgery, or          5,393        

osteopathic medicine and surgery, under division (A) of this       5,394        

section.  Within thirty days after receipt of an application, the  5,395        

state medical board shall provide the applicant with written       5,396        

notice, by certified mail, of any information required before an   5,397        

application can be considered complete for purposes of this        5,398        

section.                                                                        

                                                          120    

                                                                 
      (C)  If an applicant is under investigation pursuant to      5,400        

section 4731.22 of the Revised Code, the state medical board       5,401        

shall conclude the investigation within ninety days of receipt of  5,402        

a complete application unless extended by written consent of the   5,403        

applicant or unless the board determines that a substantial        5,404        

question of such a violation OF THIS CHAPTER OR THE RULES ADOPTED  5,405        

UNDER IT exists and the board has notified the applicant in        5,406        

writing of the reasons for the continuation of the investigation.  5,407        

If the board determines that the applicant has IS not violated     5,408        

section 4731.22 of the Revised Code IN VIOLATION, it shall issue   5,410        

a certificate within forty-five days of that determination.                     

      (D)  A fee of three hundred dollars shall be submitted with  5,412        

each application for certification under this section.             5,413        

      (E)(1)  Except as otherwise provided in this division        5,415        

(E)(2) OF THIS SECTION, an applicant licensed to practice          5,416        

medicine and surgery or osteopathic medicine and surgery by the    5,418        

licensing department of another state who received that license    5,419        

based in part on certification from the educational commission     5,420        

for foreign medical graduates shall demonstrate proficiency in     5,421        

spoken English if he THE APPLICANT fulfilled the undergraduate     5,422        

requirements for a certificate issued under this section at an     5,424        

institution outside the United States. The applicant may           5,425        

demonstrate such proficiency only in the manner described in       5,426        

section 4731.142 of the Revised Code for individuals attempting    5,427        

to receive certificates issued under section 4731.14 of the        5,428        

Revised Code.  An                                                               

      (2)  AN applicant DESCRIBED IN DIVISION (E)(1) OF THIS       5,431        

SECTION is not required to demonstrate proficiency in spoken       5,432        

English if either of the following apply:                                       

      (1)(a)  During the five years immediately preceding the      5,434        

date of his application, the applicant's license has been          5,435        

unrestricted and the applicant has been actively practicing        5,436        

medicine and surgery or osteopathic medicine and surgery in the    5,437        

United States.                                                                  

                                                          121    

                                                                 
      (2)(b)  The applicant was required to demonstrate such       5,439        

proficiency as a condition of his RECEIVING certification from     5,440        

the educational commission for foreign medical graduates.          5,442        

      Sec. 4731.291.  (A)  The state medical board may issue,      5,451        

without examination, a training certificate to any person who      5,452        

wishes AN INDIVIDUAL SEEKING to pursue an internship, residency,   5,453        

or clinical fellowship program in this state, WHO DOES NOT HOLD A  5,455        

CERTIFICATE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC        5,457        

MEDICINE OR SURGERY ISSUED UNDER THIS CHAPTER, SHALL APPLY TO THE  5,458        

STATE MEDICAL BOARD FOR A TRAINING CERTIFICATE.  THE APPLICATION   5,459        

SHALL BE MADE ON FORMS THAT THE BOARD SHALL FURNISH AND SHALL BE   5,460        

ACCOMPANIED BY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS.         5,461        

      (B)  An applicant for a training certificate shall furnish   5,463        

proof satisfactory to the board of all the following:              5,464        

      (1)  The EVIDENCE SATISFACTORY TO THE BOARD THAT THE         5,466        

applicant is at least eighteen years of age and is of good moral   5,469        

character.                                                                      

      (2)  The EVIDENCE SATISFACTORY TO THE BOARD THAT THE         5,471        

applicant has been accepted or appointed to participate in this    5,474        

state in one of the following:                                                  

      (a)  An internship or residency program accredited by        5,476        

either the accreditation council for graduate medical education    5,477        

of the American medical association or the American osteopathic    5,478        

association;                                                       5,479        

      (b)  A clinical fellowship program at an institution with a  5,481        

residency program accredited by either the accreditation council   5,482        

for graduate medical education of the American medical             5,483        

association or the American osteopathic association that is in a   5,484        

clinical field the same as or related to the clinical field of     5,485        

the fellowship program.                                            5,486        

      The applicant shall indicate;                                5,488        

      (3)  INFORMATION IDENTIFYING the beginning and ending dates  5,490        

of the period for which the applicant has been accepted or         5,491        

appointed to participate in the internship, residency, or          5,493        

                                                          122    

                                                                 
clinical fellowship program;                                       5,494        

      (4)  ANY OTHER INFORMATION THAT THE BOARD REQUIRES.          5,496        

      (C)  A (B)  IF NO GROUNDS FOR DENYING A CERTIFICATE UNDER    5,498        

SECTION 4731.22 OF THE REVISED CODE APPLY, AND THE APPLICANT       5,500        

MEETS THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION, THE BOARD  5,501        

SHALL ISSUE A TRAINING CERTIFICATE TO THE APPLICANT.  THE BOARD    5,502        

SHALL NOT REQUIRE AN EXAMINATION AS A CONDITION OF RECEIVING A     5,503        

TRAINING CERTIFICATE.                                                           

      A training certificate issued pursuant to this section       5,505        

shall be valid only for the period of one year, but may in the     5,506        

discretion of the board and upon application duly made, be         5,507        

renewed annually for a maximum of five years.  The fee for         5,508        

RENEWAL OF a training certificate or any renewal thereof shall be  5,509        

thirty-five dollars.  The                                          5,510        

      THE board shall maintain a register of all individuals who   5,514        

hold training certificates.                                                     

      (D)(C)  The holder of a valid training certificate shall be  5,516        

entitled to perform such acts as may be prescribed by or           5,517        

incidental to the holder's internship, residency, or clinical      5,519        

fellowship program, but the holder shall not be entitled           5,520        

otherwise to engage in the practice of medicine and surgery or                  

osteopathic medicine and surgery in this state.  The holder shall  5,522        

limit activities under the certificate to the programs of the      5,523        

hospitals or facilities for which the training certificate is      5,524        

issued.  The holder shall train only under the supervision of the  5,525        

physicians responsible for supervision as part of the internship,  5,526        

residency, or clinical fellowship program.  A training             5,527        

certificate may be revoked by the board upon proof, satisfactory   5,528        

to the board, that the holder thereof has engaged in practice in   5,529        

this state outside the scope of the internship, residency, or      5,530        

clinical fellowship program for which the training certificate     5,531        

has been issued, or upon proof, satisfactory to the board, that    5,532        

the holder thereof has engaged in unethical conduct or that there  5,533        

are grounds for action against the holder under section 4731.22    5,534        

                                                          123    

                                                                 
of the Revised Code.                                                            

      (E)(D)  The board may adopt rules as the board finds         5,536        

necessary to effect the purpose of this section.                   5,538        

      Sec. 4731.341.  The practice of medicine in all of its       5,548        

branches or the treatment of human ailments without the use of     5,551        

drugs or medicines and without operative surgery by any person     5,552        

not at that time holding a valid and current certificate as        5,556        

provided by Chapter 4723., 4725., or 4731. of the Revised Code is  5,557        

hereby declared to be inimical to the public welfare and to        5,558        

constitute a public nuisance.  The attorney general, the           5,559        

prosecuting attorney of any county in which the offense was        5,560        

committed or the offender resides, the state medical board, or     5,561        

any other person having knowledge of a person engaged EITHER       5,562        

DIRECTLY OR BY COMPLICITY in the practice of medicine without      5,563        

having first obtained a certificate to do so pursuant to such      5,564        

chapters, may on or after January 1, 1969, in accord with          5,565        

provisions of the Revised Code governing injunctions, maintain an  5,566        

action in the name of the state to enjoin any person from          5,567        

engaging EITHER DIRECTLY OR BY COMPLICITY in the unlawful          5,569        

practice of medicine in all of its branches, or the treatment of   5,570        

human ailments without the use of drugs or medicines and without   5,571        

operative surgery, by applying for an injunction in any court of   5,573        

competent jurisdiction.                                            5,574        

      Prior to application for such injunction, the secretary of   5,576        

the state medical board shall notify the person allegedly engaged  5,577        

EITHER DIRECTLY OR BY COMPLICITY in the unlawful practice of       5,578        

medicine or any of its branches by registered mail that the        5,580        

secretary has received information indicating that this person is  5,581        

so engaged.  Said person shall answer the secretary within thirty  5,582        

days showing that the person is either properly licensed for the   5,584        

stated activity or that the person is not in violation of Chapter  5,586        

4723. or 4731. of the Revised Code.  If the answer is not          5,587        

forthcoming within thirty days after notice by the secretary, the  5,589        

secretary shall request that the attorney general, the             5,590        

                                                          124    

                                                                 
prosecuting attorney of the county in which the offense was                     

committed or the offender resides, or the state medical board      5,591        

proceed as authorized in this section.                             5,592        

      Upon the filing of a verified petition in court, the court   5,594        

shall conduct a hearing on the petition and shall give the same    5,595        

preference to this proceeding as is given all proceedings under    5,596        

Chapter 119. of the Revised Code, irrespective of the position of  5,599        

the proceeding on the calendar of the court.                                    

      Such injunction proceedings shall be in addition to, and     5,601        

not in lieu of, all penalties and other remedies provided in       5,602        

Chapters 4723. and 4731. of the Revised Code.                      5,603        

      Sec. 4731.41.  No person shall practice medicine or AND      5,613        

surgery, or any of its branches, without a THE APPROPRIATE         5,615        

certificate from the state medical board; no TO ENGAGE IN THE      5,616        

PRACTICE.  NO person shall advertise or announce himself as CLAIM  5,617        

TO THE PUBLIC TO BE a practitioner of medicine or AND surgery, or  5,618        

any of its branches, without a certificate from the board; no.     5,619        

NO person not being a licensee shall open or conduct an office or  5,620        

other place for such practice without a certificate from the       5,621        

board; no.  NO person shall conduct an office in the name of some  5,622        

person who has a certificate to practice medicine or AND surgery,  5,623        

or any of its branches; and no.  NO person shall practice          5,624        

medicine or AND surgery, or any of its branches, after a THE       5,626        

PERSON'S certificate has been revoked, or, if suspended, during    5,627        

the time of such suspension.  Any person licensed as a cosmetic    5,628        

therapist and holding a certificate issued by the state medical    5,629        

board pursuant to Chapter 4731. of the Revised Code may advertise  5,630        

and offer the service of cosmetic therapy and conduct an office    5,631        

for the practice thereof under such rules and regulations as may   5,632        

be prescribed by the state medical board.  Section 1701.03 of the  5,633        

Revised Code is not applicable to the practice of cosmetic         5,634        

therapy, except that no corporation shall be licensed to practice  5,635        

cosmetic therapy.                                                               

      A certificate signed by the secretary OF THE BOARD to which  5,637        

                                                          125    

                                                                 
is affixed the official seal of the board to the effect that it    5,638        

appears from the records of the board that no such certificate to  5,639        

practice medicine or AND surgery, or any of its branches, in the   5,640        

THIS state has been issued to any such THE person specified        5,642        

therein, or that a certificate TO PRACTICE, if issued, has been    5,643        

revoked or suspended, shall be received as prima-facie evidence    5,644        

of the record of such THE board in any court or before any         5,646        

officer of the state.                                                           

      Sec. 4731.61.  The certificate of a podiatrist may be        5,655        

revoked, limited, or suspended; the holder of a certificate may    5,657        

be placed on probation or reprimanded; or an applicant may be      5,659        

refused registration or reinstatement for violations of section    5,661        

4731.22 or sections 4731.51 to 4731.60 of the Revised Code by a    5,663        

AN AFFIRMATIVE vote of not less than six members of the state      5,664        

medical board.                                                     5,665        

      This section does not preclude the application to, or limit  5,667        

the operation or effect upon, podiatrists of other sections of     5,669        

Chapter 4731. of the Revised Code.                                 5,671        

      Sec. 4731.98.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     5,674        

STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT                 

OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE   5,676        

BOARD'S REPRESENTATIVE, AN EMPLOYEE OF THE BOARD, OR A PROVIDER    5,677        

OF EDUCATIONAL AND ASSESSMENT SERVICES SELECTED BY THE BOARD FOR   5,678        

THE QUALITY INTERVENTION PROGRAM SHALL NOT BE HELD LIABLE IN       5,679        

DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, OMISSION,          5,680        

PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL DUTIES        5,681        

UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER.  IF ANY SUCH     5,683        

PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR       5,685        

ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR   5,686        

DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE       5,687        

REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND   5,688        

THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE      5,689        

DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY    5,690        

FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT,     5,691        

                                                          126    

                                                                 
COMPROMISE, OR SETTLEMENT.  AT NO TIME SHALL THE STATE PAY ANY     5,692        

PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY      5,693        

DAMAGES.                                                                        

      Sec. 4731.99.  (A)  Whoever violates section 4731.41 or,     5,702        

4731.43, OR 4731.60 of the Revised Code is guilty of a             5,703        

misdemeanor FELONY of the first FIFTH degree on a first offense    5,705        

and a felony of the fifth FOURTH degree on each subsequent         5,706        

offense.                                                                        

      (B)  Whoever violates section 4731.49, 4731.50, 4731.60, or  5,708        

4731.81 of the Revised Code is guilty of a misdemeanor of the      5,709        

fourth degree on a first offense and a misdemeanor of the first    5,710        

degree on each subsequent offense.                                 5,711        

      (C)  Whoever violates section 4731.46 or 4731.47 of the      5,713        

Revised Code is guilty of a felony of the fifth degree.            5,714        

      (D)  Whoever violates section 4731.48 of the Revised Code    5,716        

is guilty of a misdemeanor of the fourth degree.                   5,717        

      (E)  Whoever violates division (A), (B), (C), or (D) of      5,719        

section 4731.224 of the Revised Code is guilty of a minor          5,720        

misdemeanor on a first offense and a misdemeanor of the fourth     5,721        

degree on each subsequent offense, except that an individual       5,724        

guilty of a subsequent offense shall not be subject to             5,725        

imprisonment, but to a fine alone of up to one thousand dollars    5,726        

for each offense.                                                               

      Sec. 4773.01.  As used in this chapter:                      5,735        

      (A)  "General x-ray machine operator" means an individual    5,737        

who performs standard, diagnostic, radiologic procedures; whose    5,738        

performance of radiologic procedures is limited to specific body   5,739        

sites; and who does not, to any significant degree, determine the  5,740        

site or dosage of radiation to which a patient is exposed.         5,741        

      (B)  "Chiropractor" means an individual licensed under       5,743        

Chapter 4734. of the Revised Code to practice chiropractic.        5,744        

      (C)  "Ionizing radiation" means any electromagnetic or       5,746        

particulate radiation that interacts with atoms to produce         5,747        

ionization in matter, including x-rays, gamma rays, alpha and      5,748        

                                                          127    

                                                                 
beta particles, high speed electrons, neutrons, and other nuclear  5,749        

particles.                                                         5,750        

      (D)  "Physician" means an individual who holds a             5,752        

certificate issued under Chapter 4731. of the Revised Code         5,753        

authorizing him THE INDIVIDUAL to practice medicine and surgery    5,754        

or osteopathic medicine and surgery.                               5,755        

      (E)  "Podiatrist" means an individual who holds a            5,757        

certificate issued under Chapter 4731. of the Revised Code         5,758        

authorizing him THE INDIVIDUAL to practice podiatry.               5,759        

      (F)  "Nuclear medicine technologist" means an individual     5,761        

who prepares and administers radio-pharmaceuticals to human        5,762        

beings and conducts in vivo or in vitro detection and measurement  5,763        

of radioactivity for medical purposes.                             5,764        

      (G)  "Radiation therapy technologist" means an individual    5,766        

who utilizes ionizing radiation-generating equipment for           5,767        

therapeutic purposes on human subjects.                            5,768        

      (H)  "Radiographer" means an individual who performs a       5,770        

comprehensive scope of diagnostic radiologic procedures employing  5,771        

equipment that emits ionizing radiation, exposes radiographs, and  5,772        

performs other procedures that contribute significantly to         5,773        

determining the site or dosage of ionizing radiation to which a    5,774        

patient is exposed.                                                5,775        

      (I)  "Mechanotherapist" means an individual who holds a      5,777        

certificate issued under section 4731.151 4731.15 of the Revised   5,779        

Code authorizing him THE INDIVIDUAL to practice mechanotherapy.    5,780        

      Sec. 5123.61.  (A)  As used in this section:                 5,789        

      (1)  "Mentally retarded or developmentally disabled adult"   5,791        

means a person who is eighteen years of age or older and is a      5,792        

mentally retarded or developmentally disabled person.              5,793        

      (2)  "Law enforcement agency" means the state highway        5,795        

patrol, the police department of a municipal corporation, or a     5,796        

county sheriff.                                                    5,797        

      (B)  The department of mental retardation and developmental  5,799        

disabilities shall establish a registry office for the purpose of  5,800        

                                                          128    

                                                                 
maintaining reports of abuse and neglect made to the department    5,801        

under this section and reports received from county boards of      5,802        

mental retardation and developmental disabilities under section    5,803        

5126.31 of the Revised Code.                                       5,804        

      (C)(1)  Any person listed in division (C)(2) of this         5,806        

section, having reason to believe that a mentally retarded or      5,807        

developmentally disabled adult has suffered any wound, injury,     5,808        

disability, or condition of such a nature as to reasonably         5,809        

indicate abuse or neglect of that adult, shall immediately report  5,810        

or cause reports to be made of such information to a law           5,811        

enforcement agency or to the county board of mental retardation    5,812        

and developmental disabilities, except that if the report          5,813        

concerns a resident of a facility operated by the department of    5,814        

mental retardation and developmental disabilities the report       5,815        

shall be made either to a law enforcement agency or to the         5,816        

department.                                                        5,817        

      (2)  All of the following persons are required to make a     5,819        

report under division (C)(1) of this section:                      5,820        

      (a)  Any physician, including a hospital intern or           5,822        

resident, any dentist, podiatrist, chiropractor, practitioner of   5,823        

a limited branch of medicine or surgery as defined SPECIFIED in    5,825        

section 4731.15 of the Revised Code, hospital administrator or     5,826        

employee of a hospital, nurse licensed under Chapter 4723. of the  5,827        

Revised Code, employee of an ambulatory health facility as         5,828        

defined in section 5101.61 of the Revised Code, employee of a      5,829        

home health agency, employee of an adult care facility licensed    5,830        

under Chapter 3722. OF THE Revised Code, or employee of a          5,831        

community mental health facility;                                  5,832        

      (b)  Any school teacher or school authority, social worker,  5,834        

psychologist, attorney, peace officer, coroner, clergyman, or      5,835        

residents' rights advocate as defined in section 3721.10 of the    5,836        

Revised Code;                                                      5,837        

      (c)  A superintendent, board member, or employee of a        5,839        

county board of mental retardation and developmental               5,840        

                                                          129    

                                                                 
disabilities; an administrator, board member, or employee of a     5,841        

residential facility licensed under section 5123.19 of the         5,842        

Revised Code; or an administrator, board member, or employee of    5,843        

any other public or private provider of services to a mentally     5,844        

retarded or developmentally disabled adult;                        5,845        

      (d)  A member of a citizen's advisory council established    5,847        

at an institution or branch institution of the department of       5,848        

mental retardation and developmental disabilities under section    5,849        

5123.092 of the Revised Code;                                      5,850        

      (e)  A person who, while acting in an official or            5,852        

professional capacity, renders spiritual treatment through prayer  5,854        

in accordance with the tenets of an organized religion.                         

      (3)  The reporting requirements of this division do not      5,856        

apply to members of the legal rights service commission or to      5,857        

employees of the legal rights service.                             5,858        

      (D)  The reports required under division (C) of this         5,860        

section shall be made forthwith by telephone or in person and      5,861        

shall be followed by a written report.  The reports shall contain  5,862        

the following:                                                     5,863        

      (1)  The names and addresses of the mentally retarded or     5,865        

developmentally disabled adult and the adult's custodian, if       5,866        

known;                                                                          

      (2)  The mentally retarded or developmentally disabled       5,868        

adult's age and the nature and extent of the adult's injuries or   5,869        

physical neglect, including any evidence of previous injuries or   5,870        

physical neglect;                                                  5,871        

      (3)  Any other information which might be helpful in         5,873        

establishing the cause of the injury, abuse, or physical neglect.  5,874        

      (E)  When a physician performing services as a member of     5,876        

the staff of a hospital or similar institution has reason to       5,877        

believe that a mentally retarded or developmentally disabled       5,878        

adult has suffered injury, abuse, or physical neglect, the         5,879        

physician shall notify the person in charge of the institution or  5,880        

that person's designated delegate, who shall make the necessary    5,881        

                                                          130    

                                                                 
reports.                                                                        

      (F)  Any person having reasonable cause to believe that a    5,883        

mentally retarded or developmentally disabled adult has suffered   5,884        

abuse or neglect may report the belief, or cause a report to be    5,885        

made, to a law enforcement agency or the county board of mental    5,886        

retardation and developmental disabilities, or, if the adult is a  5,887        

resident of a facility operated by the department of mental        5,888        

retardation and developmental disabilities, to a law enforcement   5,889        

agency or to the department.                                       5,890        

      (G)(1)  Upon the receipt of a report concerning the          5,892        

possible nonaccidental infliction of a physical injury upon a      5,893        

mentally retarded or developmentally disabled adult, the law       5,894        

enforcement agency shall inform the county board of mental         5,895        

retardation and developmental disabilities or, if the adult is a   5,896        

resident of a facility operated by the department of mental        5,897        

retardation and developmental disabilities, the director of the    5,898        

department or the director's designee.                             5,899        

      (2)  On receipt of a report under this section, the          5,901        

department of mental retardation and developmental disabilities    5,902        

shall notify the law enforcement agency.                           5,903        

      (3)  When a county board of mental retardation and           5,905        

developmental disabilities receives a report under this section,   5,906        

the superintendent of the board or an individual the               5,907        

superintendent designates under division (H) of this section       5,909        

shall notify the law enforcement agency and the department of      5,910        

mental retardation and developmental disabilities.                 5,911        

      (H)  The superintendent of the board may designate an        5,913        

individual to be responsible for notifying the law enforcement     5,914        

agency and the department when the county board receives a report  5,915        

under this section.                                                5,916        

      (I)  A mentally retarded or developmentally disabled adult   5,918        

about whom a report is made may be removed from the adult's place  5,919        

of residence only by law enforcement officers who consider that    5,920        

the adult's immediate removal is essential to protect the adult    5,921        

                                                          131    

                                                                 
from further injury or abuse or in accordance with the order of a  5,922        

court made pursuant to section 5126.33 of the Revised Code.        5,923        

      (J)  A law enforcement agency shall investigate each report  5,925        

of abuse or neglect made under this section.  In addition, the     5,926        

department, in cooperation with law enforcement officials, shall   5,927        

investigate each report regarding a resident of a facility         5,928        

operated by the department to determine the circumstances          5,929        

surrounding the injury, the cause of the injury, and the person    5,930        

responsible.  The department shall determine, with the registry    5,931        

office which shall be maintained by the department, whether prior  5,932        

reports have been made concerning the mentally retarded or         5,933        

developmentally disabled adult or other principals in the case.    5,934        

The department shall submit a report of its investigation, in      5,935        

writing, to the law enforcement agency, and with the consent of    5,936        

the adult, shall provide such protective services as are           5,937        

necessary to protect the adult.  The law enforcement agency shall  5,938        

make a written report of its findings to the department.           5,939        

      If the adult is not a resident of a facility operated by     5,941        

the department, the county board of mental retardation and         5,942        

developmental disabilities shall review the report of abuse or     5,943        

neglect in accordance with sections 5126.30 to 5126.33 of the      5,944        

Revised Code and the law enforcement agency shall make the         5,945        

written report of its findings to the county board.                5,946        

      (K)  Any person or any hospital, institution, school,        5,948        

health department, or agency participating in the making of        5,949        

reports pursuant to this section, any person participating as a    5,950        

witness in an administrative or judicial proceeding resulting      5,951        

from the reports, or any person or governmental entity that        5,952        

discharges responsibilities under sections 5126.31 to 5126.33 of   5,953        

the Revised Code shall be immune from any civil or criminal        5,954        

liability that might otherwise be incurred or imposed as a result  5,955        

of such actions except liability for perjury, unless the person    5,956        

or governmental entity has acted in bad faith or with malicious    5,957        

purpose.                                                           5,958        

                                                          132    

                                                                 
      (L)  No employer or any person with the authority to do so   5,960        

shall discharge, demote, transfer, prepare a negative work         5,961        

performance evaluation, reduce pay or benefits, terminate work     5,962        

privileges, or take any other action detrimental to an employee    5,963        

or retaliate against an employee as a result of the employee's     5,964        

having made a report under this section.  This division does not   5,965        

preclude an employer or person with authority from taking action   5,966        

with regard to an employee who has made a report under this        5,967        

section if there is another reasonable basis for the action.       5,968        

      (M)  Reports made under this section are not public records  5,970        

as defined in section 149.43 of the Revised Code.  Information     5,971        

contained in the reports on request shall be made available to     5,972        

the adult who is the subject of the report, to the adult's legal   5,973        

counsel, and to agencies authorized to receive information in the  5,975        

report by the department or by a county board of mental            5,976        

retardation and developmental disabilities.                        5,977        

      (N)  Notwithstanding section 4731.22 of the Revised Code,    5,979        

the physician-patient privilege shall not be a ground for          5,980        

excluding evidence regarding a mentally retarded or                5,981        

developmentally disabled adult's injuries or physical neglect or   5,982        

the cause thereof in any judicial proceeding resulting from a      5,983        

report submitted pursuant to this section.                         5,984        

      Section 2.  That existing sections 119.12, 121.22, 503.41,   5,986        

1785.01, 2151.421, 2317.02, 2925.01, 3719.121, 4713.01, 4713.12,   5,988        

4713.14, 4730.12, 4730.25, 4730.26, 4730.27, 4730.31, 4730.32,     5,989        

4730.34, 4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 4731.16,   5,990        

4731.17, 4731.18, 4731.19, 4731.20, 4731.22, 4731.221, 4731.222,   5,991        

4731.223, 4731.224, 4731.225, 4731.25, 4731.281, 4731.29,          5,992        

4731.291, 4731.341, 4731.41, 4731.61, 4731.99, 4773.01, and        5,993        

5123.61 of the Revised Code are hereby repealed.                   5,994        

      Section 3.  Section 2151.421 of the Revised Code is          5,996        

presented in this act as a composite of the section as amended by  5,997        

both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General      5,998        

Assembly, with the new language of neither of the acts shown in    6,000        

                                                          133    

                                                                 
capital letters.  Section 2317.02 of the Revised Code is           6,001        

presented in this act as a composite of the section as amended by  6,002        

both Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General      6,003        

Assembly, with the new language of neither of the acts shown in    6,005        

capital letters.  Section 2925.01 of the Revised Code is           6,006        

presented in this act as a composite of the section as amended by  6,007        

Sub. H.B. 125, Am. Sub. S.B. 143, Sub. S.B. 223, and Am. Sub.      6,008        

S.B. 269 of the 121st General Assembly, with the new language of   6,009        

none of the acts shown in capital letters.  This is in             6,011        

recognition of the principle stated in division (B) of section     6,012        

1.52 of the Revised Code that such amendments are to be            6,013        

harmonized where not substantively irreconcilable and constitutes  6,014        

a legislative finding that such is the resulting version in        6,015        

effect prior to the effective date of this act.                    6,016