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
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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
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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
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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
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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
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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.
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(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
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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
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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
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(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
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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
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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
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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
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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
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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