As Reported by the Senate Health Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 606 5
1997-1998 6
REPRESENTATIVES SCHURING-BRADING-TIBERI-GARCIA-LEWIS-VAN VYVEN- 8
OLMAN-WACHTMANN-MAIER-GRENDELL-PATTON-TERWILLEGER-TAVARES- 9
VESPER-ALLEN-CATES-REID-SALERNO-VERICH-WILSON-COLONNA- 10
SCHULER-ROMAN-PADGETT-BRITTON-MALLORY-HOUSEHOLDER-MASON- 11
SENATORS DRAKE-SUHADOLNIK 12
14
A B I L L
To amend sections 109.79, 119.12, 121.22, 503.41, 15
1785.01, 2151.421, 2317.02, 2925.01, 4713.01, 16
4713.12, 4713.14, 4730.10, 4730.12, 4730.25,
4730.26, 4730.27, 4730.31, 4730.32, 4730.34, 18
4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 19
4731.16 to 4731.20, 4731.22, 4731.221, 4731.222, 21
4731.223, 4731.224, 4731.225, 4731.25, 4731.281,
4731.29, 4731.291, 4731.341, 4731.41, 4731.61, 23
4731.99, 4773.01, and 5123.61 and to enact
section 4731.98 of the Revised Code to make 24
revisions in the disciplinary procedures used by 25
the State Medical Board and to make other changes
regarding the Board's licensing and enforcement 26
duties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 109.79, 119.12, 121.22, 503.41, 30
1785.01, 2151.421, 2317.02, 2925.01, 4713.01, 4713.12, 4713.14, 31
4730.10, 4730.12, 4730.25, 4730.26, 4730.27, 4730.31, 4730.32, 32
4730.34, 4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 4731.16, 33
4731.17, 4731.18, 4731.19, 4731.20, 4731.22, 4731.221, 4731.222, 34
4731.223, 4731.224, 4731.225, 4731.25, 4731.281, 4731.29, 35
4731.291, 4731.341, 4731.41, 4731.61, 4731.99, 4773.01, and 36
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5123.61 be amended and section 4731.98 of the Revised Code be 37
enacted to read as follows:
Sec. 109.79. (A) The Ohio peace officer training 46
commission shall establish and conduct a training school for law 48
enforcement officers of any political subdivision of the state or 49
of the state public defender's office. The school shall be known 50
as the Ohio peace officer training academy. No bailiff or deputy 51
bailiff of a court of record of this state and no criminal 52
investigator employed by the state public defender shall be 53
permitted to attend the academy for training unless the employing 54
court of the bailiff or deputy bailiff or the state public 55
defender, whichever is applicable, has authorized the bailiff, 56
deputy bailiff, or investigator to attend the academy. 57
The Ohio peace officer training commission shall develop 59
the training program, which shall include courses in both the 61
civil and criminal functions of law enforcement officers, a 62
course in crisis intervention with six or more hours of training, 63
and training in the handling of missing children and child abuse 64
and neglect cases, and shall establish rules governing 65
qualifications for admission to the academy. The commission may 66
require competitive examinations to determine fitness of 68
prospective trainees, so long as the examinations or other 69
criteria for admission to the academy are consistent with the 70
provisions of Chapter 124. of the Revised Code. 71
The Ohio peace officer training commission shall determine 74
tuition costs which shall be sufficient in the aggregate to pay 75
the costs of operating the academy. The costs of acquiring and 76
equipping the academy shall be paid from appropriations made by 77
the general assembly to the Ohio peace officer training 78
commission for that purpose, or from gifts or grants received for 80
that purpose. 81
The law enforcement officers, during the period of their 83
training, shall receive compensation as determined by the 84
political subdivision that sponsors them or, if the officer is a 85
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criminal investigator employed by the state public defender, as 86
determined by the state public defender. The political 87
subdivision may pay the tuition costs of the law enforcement 88
officers they sponsor and the state public defender may pay the 89
tuition costs of criminal investigators of that office who attend 90
the academy. 91
If trainee vacancies exist, the academy may train and issue 93
certificates of satisfactory completion to peace officers who are 94
employed by a campus police department pursuant to section 95
1713.50 of the Revised Code, by a qualified nonprofit corporation 96
police department pursuant to section 1702.80 of the Revised 97
Code, or by a railroad company or who are hospital police 98
officers appointed and commissioned by the governor pursuant to 99
sections 4973.17 to 4973.22 of the Revised Code, provided that no 100
such officer shall be trained at the academy unless the officer 101
meets the qualifications established for admission to the academy 102
and the qualified nonprofit corporation police department, 103
railroad company, or hospital or the private college or 104
university that established the campus police department prepays 105
the entire cost of the training. A qualified nonprofit 106
corporation police department, railroad company, or hospital or a 107
private college or university that has established a campus 108
police department is not entitled to reimbursement from the state 109
for any amount paid for the cost of training the railroad 110
company's peace officers or the peace officers of the qualified 111
nonprofit corporation police department, campus police 112
department, or hospital. 113
The academy shall permit investigators employed by the 115
state medical board to take selected courses that the board 116
determines are consistent with its responsibilities for initial 117
and continuing training of investigators as required under 118
division (C) of section SECTIONS 4730.26 AND 4731.05 of the 119
Revised Code. The board shall pay the entire cost of training 121
that investigators receive at the academy. 122
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(B) As used in this section: 124
(1) "Law enforcement officers" include any undercover drug 126
agent, any bailiff or deputy bailiff of a court of record, and 127
any criminal investigator who is employed by the state public 128
defender. 129
(2) "Undercover drug agent" means any person who: 131
(a) Is employed by a county, township, or municipal 133
corporation for the purposes set forth in division (B)(2)(b) of 134
this section but who is not an employee of a county sheriff's 135
department, of a township constable, or of the police department 136
of a municipal corporation or township; 137
(b) In the course of the person's employment by a county, 139
township, or municipal corporation, investigates and gathers 141
information pertaining to persons who are suspected of violating 142
Chapter 2925. or 3719. of the Revised Code, and generally does 143
not wear a uniform in the performance of the person's duties. 144
(3) "Crisis intervention training" has the same meaning as 146
in section 109.71 of the Revised Code. 147
(4) "Missing children" has the same meaning as in section 149
2901.30 of the Revised Code. 150
Sec. 119.12. Any party adversely affected by any order of 159
an agency issued pursuant to an adjudication denying an applicant 160
admission to an examination, or denying the issuance or renewal 161
of a license or registration of a licensee, or revoking or 162
suspending a license, or allowing the payment of a forfeiture 163
under section 4301.252 of the Revised Code, may appeal from the 164
order of the agency to the court of common pleas of the county in 165
which the place of business of the licensee is located or the 166
county in which the licensee is a resident, provided that appeals 167
from decisions of the liquor control commission may be to the 168
court of common pleas of Franklin county and appeals from 169
decisions of the state medical board, chiropractic examining 170
board, and board of nursing shall be to the court of common pleas 171
of Franklin county. If any such party is not a resident of and 172
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has no place of business in this state, he THE PARTY may appeal 173
to the court of common pleas of Franklin county. 175
Any party adversely affected by any order of an agency 177
issued pursuant to any other adjudication may appeal to the court 178
of common pleas of Franklin county, except that appeals from 179
orders of the fire marshal issued under Chapter 3737. of the 180
Revised Code may be to the court of common pleas of the county in 181
which the building of the aggrieved person is located. 182
This section does not apply to appeals from the department 184
of taxation. 185
Any party desiring to appeal shall file a notice of appeal 187
with the agency setting forth the order appealed from and the 188
grounds of his THE PARTY'S appeal. A copy of such notice of 189
appeal shall also be filed by the appellant with the court. 191
Unless otherwise provided by law relating to a particular agency, 192
such notices of appeal shall be filed within fifteen days after 193
the mailing of the notice of the agency's order as provided in 194
this section. For purposes of this paragraph, an order includes a 195
determination appealed pursuant to division (C) of section 196
119.092 of the Revised Code. 197
The filing of a notice of appeal shall not automatically 199
operate as a suspension of the order of an agency. If it appears 200
to the court that an unusual hardship to the appellant will 201
result from the execution of the agency's order pending 202
determination of the appeal, the court may grant a suspension and 203
fix its terms. If an appeal is taken from the judgment of the 204
court and the court has previously granted a suspension of the 205
agency's order as provided in this section, such suspension of 206
the agency's order shall not be vacated and shall be given full 207
force and effect until the matter is finally adjudicated. No 208
renewal of a license or permit shall be denied by reason of such 209
suspended order during the period of the appeal from the decision 210
of the court of common pleas. In the case of an appeal from the 211
state medical board or chiropractic examining board, the court 212
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may grant a suspension and fix its terms if it appears to the 213
court that an unusual hardship to the appellant will result from 214
the execution of the agency's order pending determination of the 215
appeal and the health, safety, and welfare of the public will not 216
be threatened by suspension of the order. This provision shall 217
not be construed to limit the factors the court may consider in 218
determining whether to suspend an order of any other agency 219
pending determination of an appeal. 220
The final order of adjudication may apply to any renewal of 222
a license or permit which has been granted during the period of 223
the appeal. 224
Notwithstanding any other provision of this section, any 226
order issued by a court of common pleas suspending the effect of 227
an order of the liquor control commission that suspends or 228
revokes a permit issued under Chapter 4303. of the Revised Code, 229
or that allows the payment of a forfeiture under section 4301.252 230
of the Revised Code, shall terminate not more than fifteen months 231
after the date of the filing of a notice of appeal in the court 232
of common pleas, even if the matter has not been finally 233
adjudicated within that time. 234
Notwithstanding any other provision of this section, any 236
order issued by a court of common pleas suspending the effect of 237
an order of the state medical board or chiropractic examining 238
board that limits, revokes, suspends, places on probation, or 239
refuses to register or reinstate a certificate issued by the 240
board or reprimands the holder of such a certificate shall 241
terminate not more than fifteen months after the date of the 242
filing of a notice of appeal in the court of common pleas, or 243
upon the rendering of a final decision or order in the appeal by 244
the court of common pleas, whichever occurs first. 245
Within thirty days after receipt of a notice of appeal from 247
an order in any case in which a hearing is required by sections 248
119.01 to 119.13 of the Revised Code, the agency shall prepare 249
and certify to the court a complete record of the proceedings in 250
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the case. Failure of the agency to comply within the time 251
allowed, upon motion, shall cause the court to enter a finding in 252
favor of the party adversely affected. Additional time, however, 253
may be granted by the court, not to exceed thirty days, when it 254
is shown that the agency has made substantial effort to comply. 255
Such record shall be prepared and transcribed and the expense of 256
it shall be taxed as a part of the costs on the appeal. The 257
appellant shall provide security for costs satisfactory to the 258
court of common pleas. Upon demand by any interested party, the 259
agency shall furnish at the cost of the party requesting it a 260
copy of the stenographic report of testimony offered and evidence 261
submitted at any hearing and a copy of the complete record. 262
Notwithstanding any other provision of this section, any 264
party desiring to appeal an order or decision of the state 265
personnel board of review shall, at the time of filing a notice 266
of appeal with the board, provide a security deposit in an amount 267
and manner prescribed in rules that the board shall adopt in 268
accordance with this chapter. In addition, the board is not 269
required to prepare or transcribe the record of any of its 270
proceedings unless the appellant has provided the deposit 271
described above. The failure of the board to prepare or 272
transcribe a record for an appellant who has not provided a 273
security deposit shall not cause a court to enter a finding 274
adverse to the board. 275
Unless otherwise provided by law, in the hearing of the 277
appeal, the court is confined to the record as certified to it by 278
the agency. Unless otherwise provided by law, the court may 279
grant a request for the admission of additional evidence when 280
satisfied that such additional evidence is newly discovered and 281
could not with reasonable diligence have been ascertained prior 282
to the hearing before the agency. 283
The court shall conduct a hearing on such appeal and shall 285
give preference to all proceedings under sections 119.01 to 286
119.13 of the Revised Code, over all other civil cases, 287
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irrespective of the position of the proceedings on the calendar 288
of the court. An appeal from an order of the state medical board 289
issued pursuant to division (D)(G) of EITHER section 4730.25 OR 291
4731.22 of the Revised Code or the chiropractic examining board 292
issued pursuant to section 4734.101 of the Revised Code shall be 293
set down for hearing at the earliest possible time and takes 294
precedence over all other actions. The hearing in the court of 295
common pleas shall proceed as in the trial of a civil action, and 296
the court shall determine the rights of the parties in accordance 297
with the laws applicable to such action. At such hearing, 298
counsel may be heard on oral argument, briefs may be submitted, 299
and evidence introduced if the court has granted a request for 300
the presentation of additional evidence. 301
The court may affirm the order of the agency complained of 303
in the appeal if it finds, upon consideration of the entire 304
record and such additional evidence as the court has admitted, 305
that the order is supported by reliable, probative, and 306
substantial evidence and is in accordance with law. In the 307
absence of such a finding, it may reverse, vacate, or modify the 308
order or make such other ruling as is supported by reliable, 309
probative, and substantial evidence and is in accordance with 310
law. The court shall award compensation for fees in accordance 311
with section 2335.39 of the Revised Code to a prevailing party, 312
other than an agency, in an appeal filed pursuant to this 313
section. 314
The judgment of the court shall be final and conclusive 316
unless reversed, vacated, or modified on appeal. Such appeals 317
may be taken either by the party or the agency, shall proceed as 318
in the case of appeals in civil actions, and shall be pursuant to 319
the Rules of Appellate Procedure and, to the extent not in 320
conflict with those rules, Chapter 2505. of the Revised Code. 321
Such appeal by the agency shall be taken on questions of law 322
relating to the constitutionality, construction, or 323
interpretation of statutes and rules of the agency, and in such 324
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appeal the court may also review and determine the correctness of 325
the judgment of the court of common pleas that the order of the 326
agency is not supported by any reliable, probative, and 327
substantial evidence in the entire record. 328
The court shall certify its judgment to such agency or take 330
such other action necessary to give its judgment effect. 331
Sec. 121.22. (A) This section shall be liberally 340
construed to require public officials to take official action and 341
to conduct all deliberations upon official business only in open 342
meetings unless the subject matter is specifically excepted by 343
law. 344
(B) As used in this section: 346
(1) "Public body" means any of the following: 348
(a) Any board, commission, committee, council, or similar 350
decision-making body of a state agency, institution, or 351
authority, and any legislative authority or board, commission, 352
committee, council, agency, authority, or similar decision-making 354
body of any county, township, municipal corporation, school 355
district, or other political subdivision or local public 356
institution;
(b) Any committee or subcommittee of a body described in 358
division (B)(1)(a) of this section; 359
(c) A court of jurisdiction of a sanitary district 361
organized wholly for the purpose of providing a water supply for 362
domestic, municipal, and public use when meeting for the purpose 364
of the appointment, removal, or reappointment of a member of the 365
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 366
related to such a district other than litigation involving the 367
district. As used in division (B)(1)(c) of this section, "court 368
of jurisdiction" has the same meaning as "court" in section 369
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 371
public business of the public body by a majority of its members. 372
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(3) "Regulated individual" means either of the following: 374
(a) A student in a state or local public educational 376
institution; 377
(b) A person who is, voluntarily or involuntarily, an 379
inmate, patient, or resident of a state or local institution 380
because of criminal behavior, mental illness or retardation, 381
disease, disability, age, or other condition requiring custodial 382
care. 383
(C) All meetings of any public body are declared to be 385
public meetings open to the public at all times. A member of a 386
public body shall be present in person at a meeting open to the 388
public to be considered present or to vote at the meeting and for 389
purposes of determining whether a quorum is present at the 390
meeting. 391
The minutes of a regular or special meeting of any public 394
body shall be promptly prepared, filed, and maintained and shall 395
be open to public inspection. The minutes need only reflect the 396
general subject matter of discussions in executive sessions 397
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 399
audit conference conducted by the auditor of state or independent 400
certified public accountants with officials of the public office 401
that is the subject of the audit, to the adult parole authority 402
when its hearings are conducted at a correctional institution for 403
the sole purpose of interviewing inmates to determine parole or 404
pardon, to the organized crime investigations commission 405
established under section 177.01 of the Revised Code, to the 406
state medical board when determining whether to suspend a 407
certificate without a prior hearing pursuant to division (D)(G) 409
of EITHER section 4730.25 OR 4731.22 of the Revised Code, to the 411
board of nursing when determining whether to suspend a license 412
without a prior hearing pursuant to division (B) of section 413
4723.181 of the Revised Code, or to the executive committee of 414
the emergency response commission when determining whether to 415
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issue an enforcement order or request that a civil action, civil 416
penalty action, or criminal action be brought to enforce Chapter 417
3750. of the Revised Code.
(E) The controlling board, the development financing 419
advisory council, the industrial technology and enterprise 420
advisory council, the tax credit authority, or the minority 422
development financing advisory board, when meeting to consider 423
granting assistance pursuant to Chapter 122. or 166. of the 424
Revised Code, in order to protect the interest of the applicant 425
or the possible investment of public funds, by unanimous vote of 426
all board, council, or authority members present, may close the 428
meeting during consideration of the following information 430
confidentially received by the authority, council, or board from 431
the applicant: 433
(1) Marketing plans; 435
(2) Specific business strategy; 437
(3) Production techniques and trade secrets; 439
(4) Financial projections; 441
(5) Personal financial statements of the applicant or 443
members of the applicant's immediate family, including, but not 444
limited to, tax records or other similar information not open to 446
public inspection. 447
The vote by the authority, council, or board to accept or 451
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 454
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 456
reasonable method whereby any person may determine the time and 457
place of all regularly scheduled meetings and the time, place, 458
and purpose of all special meetings. A public body shall not 459
hold a special meeting unless it gives at least twenty-four 460
hours' advance notice to the news media that have requested 461
notification, except in the event of an emergency requiring 462
immediate official action. In the event of an emergency, the 463
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member or members calling the meeting shall notify the news media 464
that have requested notification immediately of the time, place, 465
and purpose of the meeting. 466
The rule shall provide that any person, upon request and 469
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 470
business is to be discussed. Provisions for advance notification 471
may include, but are not limited to, mailing the agenda of 472
meetings to all subscribers on a mailing list or mailing notices 473
in self-addressed, stamped envelopes provided by the person. 474
(G) Except as provided in division (J) of this section, 477
the members of a public body may hold an executive session only 478
after a majority of a quorum of the public body determines, by a 479
roll call vote, to hold an executive session and only at a 481
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 482
(1) To consider the appointment, employment, dismissal, 484
discipline, promotion, demotion, or compensation of a public 485
employee or official, or the investigation of charges or 486
complaints against a public employee, official, licensee, or 487
regulated individual, unless the public employee, official, 488
licensee, or regulated individual requests a public hearing. 489
Except as otherwise provided by law, no public body shall hold an 490
executive session for the discipline of an elected official for 491
conduct related to the performance of the elected official's 492
official duties or for the elected official's removal from 494
office. If a public body holds an executive session pursuant to 496
division (G)(1) of this section, the motion and vote to hold that 497
executive session shall state which one or more of the approved 498
purposes listed in division (G)(1) of this section are the 499
purposes for which the executive session is to be held, but need 500
not include the name of any person to be considered at the 501
meeting.
(2) To consider the purchase of property for public 503
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purposes, or for the sale of property at competitive bidding, if 504
premature disclosure of information would give an unfair 505
competitive or bargaining advantage to a person whose personal, 506
private interest is adverse to the general public interest. No 507
member of a public body shall use division (G)(2) of this section 509
as a subterfuge for providing covert information to prospective 511
buyers or sellers. A purchase or sale of public property is void 512
if the seller or buyer of the public property has received covert 513
information from a member of a public body that has not been 514
disclosed to the general public in sufficient time for other 515
prospective buyers and sellers to prepare and submit offers. 516
If the minutes of the public body show that all meetings 518
and deliberations of the public body have been conducted in 519
compliance with this section, any instrument executed by the 520
public body purporting to convey, lease, or otherwise dispose of 521
any right, title, or interest in any public property shall be 522
conclusively presumed to have been executed in compliance with 523
this section insofar as title or other interest of any bona fide 524
purchasers, lessees, or transferees of the property is concerned. 525
(3) Conferences with an attorney for the public body 527
concerning disputes involving the public body that are the 528
subject of pending or imminent court action; 529
(4) Preparing for, conducting, or reviewing negotiations 531
or bargaining sessions with public employees concerning their 532
compensation or other terms and conditions of their employment; 533
(5) Matters required to be kept confidential by federal 535
law or regulations or state statutes; 536
(6) Specialized details of security arrangements if 538
disclosure of the matters discussed might reveal information that 539
could be used for the purpose of committing, or avoiding 540
prosecution for, a violation of the law. 541
If a public body holds an executive session to consider any 543
of the matters listed in divisions (G)(2) to (6) of this section, 544
the motion and vote to hold that executive session shall state 545
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which one or more of the approved matters listed in those 546
divisions are to be considered at the executive session. 547
A public body specified in division (B)(1)(c) of this 550
section shall not hold an executive session when meeting for the
purposes specified in that division. 551
(H) A resolution, rule, or formal action of any kind is 553
invalid unless adopted in an open meeting of the public body. A 554
resolution, rule, or formal action adopted in an open meeting 555
that results from deliberations in a meeting not open to the 556
public is invalid unless the deliberations were for a purpose 557
specifically authorized in division (G) or (J) of this section 558
and conducted at an executive session held in compliance with 559
this section. A resolution, rule, or formal action adopted in an 560
open meeting is invalid if the public body that adopted the 561
resolution, rule, or formal action violated division (F) of this 562
section. 563
(I)(1) Any person may bring an action to enforce this 565
section. An action under division (I)(1) of this section shall 567
be brought within two years after the date of the alleged 568
violation or threatened violation. Upon proof of a violation or 569
threatened violation of this section in an action brought by any 570
person, the court of common pleas shall issue an injunction to 571
compel the members of the public body to comply with its 572
provisions. 573
(2)(a) If the court of common pleas issues an injunction 575
pursuant to division (I)(1) of this section, the court shall 576
order the public body that it enjoins to pay a civil forfeiture 577
of five hundred dollars to the party that sought the injunction 578
and shall award to that party all court costs and, subject to 579
reduction as described in division (I)(2) of this section, 581
reasonable attorney's fees. The court, in its discretion, may 582
reduce an award of attorney's fees to the party that sought the 583
injunction or not award attorney's fees to that party if the 584
court determines both of the following: 585
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(i) That, based on the ordinary application of statutory 587
law and case law as it existed at the time of violation or 588
threatened violation that was the basis of the injunction, a 589
well-informed public body reasonably would believe that the 590
public body was not violating or threatening to violate this 591
section; 592
(ii) That a well-informed public body reasonably would 594
believe that the conduct or threatened conduct that was the basis 595
of the injunction would serve the public policy that underlies 596
the authority that is asserted as permitting that conduct or 597
threatened conduct. 598
(b) If the court of common pleas does not issue an 600
injunction pursuant to division (I)(1) of this section and the 601
court determines at that time that the bringing of the action was 602
frivolous conduct, as defined in division (A) of section 2323.51 603
of the Revised Code, the court shall award to the public body all 604
court costs and reasonable attorney's fees, as determined by the 605
court. 606
(3) Irreparable harm and prejudice to the party that 608
sought the injunction shall be conclusively and irrebuttably 609
presumed upon proof of a violation or threatened violation of 610
this section. 611
(4) A member of a public body who knowingly violates an 613
injunction issued pursuant to division (I)(1) of this section may 614
be removed from office by an action brought in the court of 615
common pleas for that purpose by the prosecuting attorney or the 616
attorney general. 617
(J)(1) Pursuant to division (C) of section 5901.09 of the 619
Revised Code, a veterans service commission shall hold an 620
executive session for one or more of the following purposes 621
unless an applicant requests a public hearing: 622
(a) Interviewing an applicant for financial assistance 624
under sections 5901.01 to 5901.15 of the Revised Code; 625
(b) Discussing applications, statements, and other 627
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documents described in division (B) of section 5901.09 of the 628
Revised Code; 629
(c) Reviewing matters relating to an applicant's request 631
for financial assistance under sections 5901.01 to 5901.15 of the 632
Revised Code.
(2) A veterans service commission shall not exclude an 634
applicant for, recipient of, or former recipient of financial 635
assistance under sections 5901.01 to 5901.15 of the Revised Code, 636
and shall not exclude representatives selected by the applicant, 638
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 639
applicant's, recipient's, or former recipient's application for 640
financial assistance.
(3) A veterans service commission shall vote on the grant 642
or denial of financial assistance under sections 5901.01 to 643
5901.15 of the Revised Code only in an open meeting of the 645
commission. The minutes of the meeting shall indicate the name, 646
address, and occupation of the applicant, whether the assistance 647
was granted or denied, the amount of the assistance if assistance 648
is granted, and the votes for and against the granting of 649
assistance.
Sec. 503.41. (A) A board of township trustees, by 658
resolution, may regulate and require the registration of massage 659
establishments and their employees within the unincorporated 660
territory of the township. In accordance with sections 503.40 to 661
503.49 of the Revised Code, for that purpose, the board, by a 662
majority vote of all members, may adopt, amend, administer, and 663
enforce regulations within the unincorporated territory of the 664
township. 665
(B) A board may adopt regulations and amendments under 667
this section only after public hearing at not fewer than two 668
regular sessions of the board. The board shall cause to be 669
published in at least one newspaper of general circulation in the 670
township notice of the public hearings, including the time, date, 671
17
and place, once a week for two weeks immediately preceding the 672
hearings. The board shall make available proposed regulations or 673
amendments to the public at the office of the board. 674
(C) Regulations or amendments adopted by the board are 676
effective thirty days after the date of adoption unless, within 677
thirty days after the adoption of the regulations or amendments, 678
the township clerk receives a petition, signed by a number of 679
qualified electors residing in the unincorporated area of the 680
township equal to not less than ten per cent of the total vote 681
cast for all candidates for governor in the area at the most 682
recent general election at which a governor was elected, 684
requesting the board to submit the regulations or amendments to 685
the electors of the area for approval or rejection at the next 686
primary or general election occurring at least seventy-five days 687
after the board receives the petition. 688
No regulation or amendment for which the referendum vote 690
has been requested is effective unless a majority of the vote 691
cast on the issue is in favor of the regulation or amendment. 692
Upon certification by the board of elections that a majority of 693
the votes cast on the issue was in favor of the regulation or 694
amendment, the regulation or amendment takes immediate effect. 695
(D) The board shall make available regulations it adopts 697
or amends to the public at the office of the board and shall 698
cause to be published a notice of the availability of the 699
regulations in at least one newspaper of general circulation in 700
the township within ten days after their adoption or amendment. 701
(E) Nothing in sections 503.40 to 503.49 of the Revised 703
Code shall be construed to allow a board of township trustees to 704
regulate the practice of any limited branch of medicine or 705
surgery in accordance with sections SPECIFIED IN SECTION 4731.15 706
and 4731.16 of the Revised Code or the practice of providing 708
therapeutic massage by a licensed physician, a licensed 709
chiropractor, a licensed podiatrist, a licensed nurse, or any 710
other licensed health professional. As used in this division, 711
18
"licensed" means licensed, certified, or registered to practice 712
in this state.
Sec. 1785.01. As used in this chapter: 721
(A) "Professional service" means any type of professional 723
service that may be performed only pursuant to a license, 724
certificate, or other legal authorization issued pursuant to 726
Chapter 4701., 4703., 4705., 4715., 4723., 4725., 4729., 4730., 727
4731., 4732., 4733., 4734., or 4741., sections 4755.01 to 729
4755.12, or 4755.40 to 4755.56 of the Revised Code to certified 730
public accountants, licensed public accountants, architects, 731
attorneys, dentists, nurses, optometrists, pharmacists, PHYSICIAN 733
ASSISTANTS, doctors of medicine and surgery, doctors of 734
osteopathic medicine and surgery, doctors of podiatric medicine 735
and surgery, practitioners of the limited branches of medicine or 737
surgery specified in section 4731.15 of the Revised Code, 738
psychologists, professional engineers, chiropractors, 739
veterinarians, occupational therapists, and physical therapists. 740
(B) "Professional association" means an association 742
organized under this chapter for the sole purpose of rendering 743
one of the professional services authorized under Chapter 4701., 744
4703., 4705., 4715., 4723., 4725., 4729., 4730., 4731., 4732., 745
4733., 4734., or 4741., sections 4755.01 to 4755.12, or 4755.40 747
to 4755.56 of the Revised Code, a combination of the professional 749
services authorized under Chapters 4703. and 4733. of the Revised 750
Code, or a combination of the professional services of 752
optometrists authorized under Chapter 4725. of the Revised Code,
chiropractors authorized under Chapter 4734. of the Revised Code, 754
psychologists authorized under Chapter 4732. of the Revised Code, 756
registered or licensed practical nurses authorized under Chapter 758
4723. of the Revised Code, pharmacists authorized under Chapter 759
4729. of the Revised Code, physical therapists authorized under 760
sections 4755.40 to 4755.53 of the Revised Code, and doctors of 761
medicine and surgery, osteopathic medicine and surgery, or 762
podiatric medicine and surgery authorized under Chapter 4731. of 763
19
the Revised Code.
Sec. 2151.421. (A)(1)(a) No person described listed in 773
division (A)(1)(b) of this section who is acting in an official 775
or professional capacity and knows or suspects that a child under 776
eighteen years of age or a mentally retarded, developmentally 778
disabled, or physically impaired child under twenty-one years of 779
age has suffered or faces a threat of suffering any physical or 780
mental wound, injury, disability, or condition of a nature that 781
reasonably indicates abuse or neglect of the child, shall fail to 782
immediately report that knowledge or suspicion to the public 783
children services agency or a municipal or county peace officer 785
in the county in which the child resides or in which the abuse or 786
neglect is occurring or has occurred.
(b) Division (A)(1)(a) of this section applies to any 790
person who is an attorney; physician, including a hospital intern 791
or resident; dentist; podiatrist; practitioner of a limited 792
branch of medicine or surgery as defined SPECIFIED in section 793
4731.15 of the Revised Code; registered nurse; licensed practical 796
nurse; visiting nurse; other health care professional; licensed 797
psychologist; licensed school psychologist; speech pathologist or 798
audiologist; coroner; administrator or employee of a child 799
day-care center; administrator or employee of a certified child 800
care agency or other public or private children services agency; 801
school teacher; school employee; school authority; person engaged 802
in social work or the practice of professional counseling; or a 803
person rendering spiritual treatment through prayer in accordance 805
with the tenets of a well-recognized religion.
(2) An attorney or a physician is not required to make a 807
report pursuant to division (A)(1) of this section concerning any 809
communication the attorney or physician receives from a client or 812
patient in an attorney-client or physician-patient relationship, 813
if, in accordance with division (A) or (B) of section 2317.02 of 815
the Revised Code, the attorney or physician could not testify 816
with respect to that communication in a civil or criminal 817
20
proceeding, except that the client or patient is deemed to have 818
waived any testimonial privilege under division (A) or (B) of 820
section 2317.02 of the Revised Code with respect to that 822
communication and the attorney or physician shall make a report 824
pursuant to division (A)(1) of this section with respect to that 825
communication, if all of the following apply:
(a) The client or patient, at the time of the 827
communication, is either a child under eighteen years of age or a 828
mentally retarded, developmentally disabled, or physically 830
impaired person under twenty-one years of age. 831
(b) The attorney of OR physician knows or suspects, as a 833
result of the communication or any observations made during that 835
communication, that the client or patient has suffered or faces a 836
threat of suffering any physical or mental wound, injury, 838
disability, or condition of a nature that reasonably indicates 839
abuse or neglect of the client or patient. 840
(c) The attorney-client or physician-patient relationship 842
does not arise out of the client's or patient's attempt to have 844
an abortion without the notification of her parents, guardian, or 846
custodian in accordance with section 2151.85 of the Revised Code. 847
(B) Anyone, who knows or suspects that a child under 849
eighteen years of age or a mentally retarded, developmentally 851
disabled, or physically impaired person under twenty-one years of 852
age has suffered or faces a threat of suffering any physical or 853
mental wound, injury, disability, or other condition of a nature 854
that reasonably indicates abuse or neglect of the child, may 855
report or cause reports to be made of that knowledge or suspicion 856
to the public children services agency or to a municipal or 858
county peace officer. 859
(C) Any report made pursuant to division (A) or (B) of 861
this section shall be made forthwith either by telephone or in 862
person and shall be followed by a written report, if requested by 864
the receiving agency or officer. The written report shall
contain: 865
21
(1) The names and addresses of the child and the child's 867
parents or the person or persons having custody of the child, if 868
known;
(2) The child's age and the nature and extent of the 870
child's known or suspected injuries, abuse, or neglect or of the 871
known or suspected threat of injury, abuse, or neglect, including 872
any evidence of previous injuries, abuse, or neglect; 873
(3) Any other information that might be helpful in 875
establishing the cause of the known or suspected injury, abuse, 876
or neglect or of the known or suspected threat of injury, abuse, 877
or neglect. 878
Any person, who is required by division (A) of this section 880
to report known or suspected child abuse or child neglect, may 881
take or cause to be taken color photographs of areas of trauma 882
visible on a child and, if medically indicated, cause to be 883
performed radiological examinations of the child. 884
(D)(1) Upon the receipt of a report concerning the 886
possible abuse or neglect of a child or the possible threat of 887
abuse or neglect of a child, the municipal or county peace 888
officer who receives the report shall refer the report to the 889
appropriate public children services agency. 891
(2) On receipt of a report pursuant to this division or 894
division (A) or (B) of this section, the public children services 896
agency shall comply with section 2151.422 of the Revised Code. 898
(E) No township, municipal, or county peace officer shall 900
remove a child about whom a report is made pursuant to this 901
section from the child's parents, stepparents, or guardian or any 902
other persons having custody of the child without consultation 903
with the public children services agency, unless, in the judgment 906
of the officer, and, if the report was made by physician, the 907
physician, immediate removal is considered essential to protect 908
the child from further abuse or neglect. The agency that must be 911
consulted shall be the agency conducting the investigation of the 912
report as determined pursuant to section 2151.422 of the Revised 913
22
Code. 914
(F)(1) Except as provided in section 2151.422 of the 917
Revised Code, the public children services agency shall 919
investigate, within twenty-four hours, each report of known or 921
suspected child abuse or child neglect and of a known or 922
suspected threat of child abuse or child neglect that is referred 923
to it under this section to determine the circumstances 924
surrounding the injuries, abuse, or neglect or the threat of 925
injury, abuse, or neglect, the cause of the injuries, abuse, 926
neglect, or threat, and the person or persons responsible. The 927
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of 928
understanding prepared under division (J) of this section. A 930
failure to make the investigation in accordance with the 931
memorandum is not grounds for, and shall not result in, the 933
dismissal of any charges or complaint arising from the report or 934
the suppression of any evidence obtained as a result of the 935
report and does not give, and shall not be construed as giving, 936
any rights or any grounds for appeal or post-conviction relief to 937
any person. The public children services agency shall report 940
each case to a central registry which the state department of 942
human services shall maintain in order to determine whether prior 943
reports have been made in other counties concerning the child or 944
other principals in the case. The public children services 945
agency shall submit a report of its investigation, in writing, to 947
the law enforcement agency.
(2) The public children services agency shall make any 950
recommendations to the county prosecuting attorney or city 952
director of law that it considers necessary to protect any 953
children that are brought to its attention. 954
(G)(1)(a) Except as provided in division (H)(3) of this 956
section, anyone or any hospital, institution, school, health 957
department, or agency participating in the making of reports 958
under division (A) of this section, anyone or any hospital, 959
23
institution, school, health department, or agency participating 960
in good faith in the making of reports under division (B) of this 961
section, and anyone participating in good faith in a judicial 962
proceeding resulting from the reports, shall be immune from any 963
civil or criminal liability for injury, death, or loss to person 964
or property that otherwise might be incurred or imposed as a 965
result of the making of the reports or the participation in the 966
judicial proceeding. Notwithstanding 967
(b) NOTWITHSTANDING section 4731.22 of the Revised Code, 970
the physician-patient privilege shall not be a ground for 971
excluding evidence regarding a child's injuries, abuse, or 972
neglect, or the cause of the injuries, abuse, or neglect in any 973
judicial proceeding resulting from a report submitted pursuant to 974
this section.
(2) In any civil or criminal action or proceeding in which 976
it is alleged and proved that participation in the making of a 977
report under this section was not in good faith or participation 978
in a judicial proceeding resulting from a report made under this 979
section was not in good faith, the court shall award the 980
prevailing party reasonable attorney's fees and costs and, if a 981
civil action or proceeding is voluntarily dismissed, may award 982
reasonable attorney's fees and costs to the party against whom 983
the civil action or proceeding is brought. 984
(H)(1) Except as provided in divisions (H)(4), (M), and 987
(N) of this section, a report made under this section is 988
confidential. The information provided in a report made pursuant 989
to this section and the name of the person who made the report 990
shall not be released for use, and shall not be used, as evidence 991
in any civil action or proceeding brought against the person who 992
made the report. In a criminal proceeding, the report is 993
admissible in evidence in accordance with the Rules of Evidence 994
and is subject to discovery in accordance with the Rules of 995
Criminal Procedure. 996
(2) No person shall permit or encourage the unauthorized 998
24
dissemination of the contents of any report made under this 999
section. 1,000
(3) A person who knowingly makes or causes another person 1,002
to make a false report under division (B) of this section that 1,003
alleges that any person has committed an act or omission that 1,004
resulted in a child being an abused child or a neglected child is 1,005
guilty of a violation of section 2921.14 of the Revised Code. 1,006
(4) A public children services agency shall advise a 1,009
person alleged to have inflicted abuse or neglect on a child who 1,010
is the subject of a report made pursuant to this section of the
disposition of the investigation. The agency shall not provide 1,011
to the person any information that identifies the person who made 1,013
the report, statements of witnesses, or police or other
investigative reports. 1,014
(I) Any report that is required by this section shall 1,016
result in protective services and emergency supportive services 1,017
being made available by the public children services agency on 1,019
behalf of the children about whom the report is made, in an 1,021
effort to prevent further neglect or abuse, to enhance their 1,022
welfare, and, whenever possible, to preserve the family unit 1,023
intact. The agency required to provide the services shall be the 1,025
agency conducting the investigation of the report pursuant to 1,026
section 2151.422 of the Revised Code. 1,028
(J)(1) Each public children services agency shall prepare 1,030
a memorandum of understanding that is signed by all of the 1,032
following:
(a) If there is only one juvenile judge in the county, the 1,035
juvenile judge of the county or the juvenile judge's 1,036
representative;
(b) If there is more than one juvenile judge in the 1,040
county, a juvenile judge or the juvenile judges' representative 1,041
selected by the juvenile judges or, if they are unable to do so 1,042
for any reason, the juvenile judge who is senior in point of 1,043
service or the senior juvenile judge's representative; 1,044
25
(c) The county peace officer; 1,047
(d) All chief municipal peace officers within the county; 1,050
(e) Other law enforcement officers handling child abuse 1,052
and neglect cases in the county; 1,053
(f) The prosecuting attorney of the county; public 1,056
(g) If the public children services agency is not the 1,058
county department of human services agency, the county department 1,060
of human services. 1,061
(2) A memorandum of understanding shall set forth the 1,063
normal operating procedure to be employed by all concerned 1,065
officials in the execution of their respective responsibilities 1,066
under this section and division (C) of section 2919.21, division 1,067
(B)(1) of section 2919.22, division (B) of section 2919.23, and 1,068
section 2919.24 of the Revised Code and shall have as two of its 1,069
primary goals the elimination of all unnecessary interviews of 1,070
children who are the subject of reports made pursuant to division 1,071
(A) or (B) of this section and, when feasible, providing for only 1,072
one interview of a child who is the subject of any report made 1,073
pursuant to division (A) or (B) of this section. A failure to 1,074
follow the procedure set forth in the memorandum by the concerned 1,076
officials is not grounds for, and shall not result in, the 1,077
dismissal of any charges or complaint arising from any reported 1,078
case of abuse or neglect or the suppression of any evidence 1,079
obtained as a result of any reported child abuse or child neglect 1,080
and does not give, and shall not be construed as giving, any 1,081
rights or any grounds for appeal or post-conviction relief to any 1,082
person. 1,083
(3) A memorandum of understanding shall include all of the 1,085
following: 1,086
(a) The roles and responsibilities for handling emergency 1,089
and non-emergency cases of abuse and neglect; 1,091
(b) Standards and procedures to be used in handling and 1,093
coordinating investigations of reported cases of child abuse and 1,094
reported cases of child neglect, methods to be used in 1,095
26
interviewing the child who is the subject of the report and who 1,096
allegedly was abused or neglected, and standards and procedures 1,097
addressing the categories of persons who may interview the child 1,098
who is the subject of the report and who allegedly was abused or 1,099
neglected. 1,100
(K)(1) Except as provided in division (K)(4) of this 1,103
section, a person who is required to make a report pursuant to 1,104
division (A) of this section may make a reasonable number of 1,105
requests of the public children services agency that receives or 1,106
is referred the report to be provided with the following 1,108
information:
(a) Whether the agency has initiated an investigation of 1,111
the report;
(b) Whether the agency is continuing to investigate the 1,114
report;
(c) Whether the agency is otherwise involved with the 1,118
child who is the subject of the report;
(d) The general status of the health and safety of the 1,120
child who is the subject of the report; 1,121
(e) Whether the report has resulted in the filing of a 1,123
complaint in juvenile court or of criminal charges in another 1,124
court. 1,125
(2) A person may request the information specified in 1,127
division (K)(1) of this section only if, at the time the report 1,128
is made, the person's name, address, and telephone number are 1,129
provided to the person who receives the report.
When a municipal or county peace officer or employee of a 1,131
public children services agency receives a report pursuant to 1,134
division (A) or (B) of this section the recipient of the report 1,135
shall inform the person of the right to request the information 1,137
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child 1,138
neglect report that the person making the report was so informed 1,139
and, if provided at the time of the making of the report, shall 1,140
27
include the person's name, address, and telephone number in the 1,141
report.
Each request is subject to verification of the identity of 1,143
the person making the report. If that person's identity is 1,146
verified, the agency shall provide the person with the 1,148
information described in division (K)(1) of this section a 1,149
reasonable number of times, except that the agency shall not
disclose any confidential information regarding the child who is 1,151
the subject of the report other than the information described in 1,152
those divisions.
(3) A request made pursuant to division (K)(1) of this 1,154
section is not a substitute for any report required to be made 1,155
pursuant to division (A) of this section. 1,156
(4) If an agency other than the agency that received or 1,159
was referred the report is conducting the investigation of the 1,160
report pursuant to section 2151.422 of the Revised Code, the 1,162
agency conducting the investigation shall comply with the 1,163
requirements of division (K) OF THIS SECTION. 1,164
(L) The department of human services shall adopt rules in 1,166
accordance with Chapter 119. of the Revised Code to implement 1,169
this section. The department may enter into a plan of 1,171
cooperation with any other governmental entity to aid in ensuring 1,172
that children are protected from abuse and neglect. The 1,173
department shall make recommendations to the attorney general 1,174
that the department determines are necessary to protect children 1,175
from child abuse and child neglect. 1,176
(M) No later than the end of the day following the day on 1,179
which a public children services agency receives a report of 1,180
alleged child abuse or child neglect, or a report of an alleged 1,181
threat of child abuse or child neglect, that allegedly occurred 1,182
in or involved an out-of-home care entity, the agency shall 1,183
provide written notice of the allegations contained in and the 1,185
person named as the alleged perpetrator in the report to the 1,186
administrator, director, or other chief administrative officer of 1,187
28
the out-of-home care entity that is the subject of the report 1,188
unless the administrator, director, or other chief administrative 1,189
officer is named as an alleged perpetrator in the report. If the 1,190
administrator, director, or other chief administrative officer of 1,191
an out-of-home care entity is named as an alleged perpetrator in 1,192
a report of alleged child abuse or child neglect, or a report of 1,193
an alleged threat of child abuse or child neglect, that allegedly 1,194
occurred in or involved the out-of-home care entity, the agency 1,195
shall provide the written notice to the owner or governing board 1,197
of the out-of-home care entity that is the subject of the report. 1,198
The agency shall not provide witness statements or police or 1,200
other investigative reports.
(N) No later than three days after the day on which a 1,203
public children services agency that conducted the investigation 1,204
as determined pursuant to section 2151.422 of the Revised Code 1,205
makes a disposition of an investigation involving a report of 1,206
alleged child abuse or child neglect, or a report of an alleged 1,207
threat of child abuse or child neglect, that allegedly occurred 1,208
in or involved an out-of-home care entity, the agency shall send 1,211
written notice of the disposition of the investigation to the 1,212
administrator, director, or other chief administrative officer 1,213
and the owner or governing board of the out-of-home care entity. 1,214
The agency shall not provide witness statements or police or 1,216
other investigative reports.
Sec. 2317.02. The following persons shall not testify in 1,230
certain respects: 1,231
(A) An attorney, concerning a communication made TO the 1,233
attorney by the attorney's a client in that relation or the 1,234
attorney's advice to the a client, except that the attorney may 1,236
testify by express consent of the client or, if the client is 1,237
deceased, by the express consent of the surviving spouse or the 1,238
executor or administrator of the estate of the deceased client 1,239
and except that, if the client voluntarily testifies or is deemed 1,240
by section 2151.421 of the Revised Code to have waived any 1,241
29
testimonial privilege under this division, the attorney may be 1,242
compelled to testify on the same subject;
(B)(1) A physician or a dentist concerning a communication 1,244
made TO the physician or dentist by the physician's or dentist's 1,246
a patient in that relation or the physician's or dentist's advice 1,247
to the a patient, except as otherwise provided in this division, 1,248
division (B)(2), and division (B)(3) of this section, and except 1,249
that, if the patient is deemed by section 2151.421 of the Revised 1,250
Code to have waived any testimonial privilege under this 1,251
division, the physician may be compelled to testify on the same 1,252
subject.
The testimonial privilege ESTABLISHED under this division 1,254
does not apply, and a physician or dentist may testify or may be 1,255
compelled to testify, in any of the following circumstances: 1,256
(a) In any civil action, in accordance with the discovery 1,258
provisions of the Rules of Civil Procedure in connection with a 1,259
civil action, or in connection with a claim under Chapter 4123. 1,260
of the Revised Code, under any of the following circumstances: 1,261
(i) If the patient or the guardian or other legal 1,263
representative of the patient gives express consent; 1,264
(ii) If the patient is deceased, the spouse of the patient 1,266
or the executor or administrator of the patient's estate gives 1,268
express consent;
(iii) If a medical claim, dental claim, chiropractic 1,270
claim, or optometric claim, as defined in section 2305.11 of the 1,271
Revised Code, an action for wrongful death, any other type of 1,272
civil action, or a claim under Chapter 4123. of the Revised Code 1,273
is filed by the patient, the personal representative of the 1,274
estate of the patient if deceased, or the patient's guardian or 1,276
other legal representative.
(b) In any criminal action concerning any test or the 1,278
results of any test that determines the presence or concentration 1,279
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 1,280
the patient's blood, breath, urine, or other bodily substance at 1,281
30
any time relevant to the criminal offense in question. 1,282
(c) IN ANY CRIMINAL ACTION AGAINST A PHYSICIAN OR DENTIST. 1,285
IN SUCH AN ACTION, THE TESTIMONIAL PRIVILEGE ESTABLISHED UNDER 1,286
THIS DIVISION DOES NOT PROHIBIT THE ADMISSION INTO EVIDENCE, IN 1,287
ACCORDANCE WITH THE RULES OF EVIDENCE, OF A PATIENT'S MEDICAL OR 1,290
DENTAL RECORDS OR OTHER COMMUNICATIONS BETWEEN A PATIENT AND THE 1,291
PHYSICIAN OR DENTIST THAT ARE RELATED TO THE ACTION AND OBTAINED 1,292
BY SUBPOENA, SEARCH WARRANT, OR OTHER LAWFUL MEANS. A COURT THAT 1,293
PERMITS OR COMPELS A PHYSICIAN OR DENTIST TO TESTIFY IN SUCH AN 1,294
ACTION OR PERMITS THE INTRODUCTION INTO EVIDENCE OF PATIENT 1,295
RECORDS OR OTHER COMMUNICATIONS IN SUCH AN ACTION SHALL REQUIRE 1,296
THAT APPROPRIATE MEASURES BE TAKEN TO ENSURE THAT THE 1,297
CONFIDENTIALITY OF ANY PATIENT NAMED OR OTHERWISE IDENTIFIED IN 1,298
THE RECORDS IS MAINTAINED. MEASURES TO ENSURE CONFIDENTIALITY 1,299
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 1,300
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 1,301
(2)(a) If any law enforcement officer submits a written 1,303
statement to a health care provider that states that an official 1,304
criminal investigation has begun regarding a specified person or 1,305
that a criminal action or proceeding has been commenced against a 1,306
specified person, that requests the provider to supply to the 1,307
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 1,308
specified person to determine the presence or concentration of 1,309
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 1,310
person's blood, breath, or urine at any time relevant to the 1,311
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 1,312
specifically prohibited by any law of this state or of the United 1,313
States, shall supply to the officer a copy of any of the 1,314
requested records the provider possesses. If the health care 1,315
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 1,316
indicates that the provider does not possess any of the requested 1,317
31
records.
(b) If a health care provider possesses any records of the 1,319
type described in division (B)(2)(a) of this section regarding 1,320
the person in question at any time relevant to the criminal 1,321
offense in question, in lieu of personally testifying as to the 1,322
results of the test in question, the custodian of the records may 1,323
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 1,324
admitted as evidence in accordance with the Rules of Evidence. 1,325
Division (A) of section 2317.422 of the Revised Code does not 1,326
apply to any certified copy of records submitted in accordance 1,327
with this division. Nothing in this division shall be construed 1,328
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 1,329
person under whose supervision the test was administered, the 1,330
custodian of the records, the person who made the records, or the 1,331
person under whose supervision the records were made. 1,332
(3)(a) If the testimonial privilege described in division 1,334
(B)(1) of this section does not apply as provided in division 1,335
(B)(1)(a)(iii) of this section, a physician or dentist may be 1,336
compelled to testify or to submit to discovery under the Rules of 1,337
Civil Procedure only as to a communication made TO the physician 1,338
or dentist by the patient in question in that relation, or the 1,339
physician's or dentist's advice to the patient in question, that 1,341
related causally or historically to physical or mental injuries 1,342
that are relevant to issues in the medical claim, dental claim, 1,343
chiropractic claim, or optometric claim, action for wrongful 1,344
death, other civil action, or claim under Chapter 4123. of the 1,345
Revised Code.
(b) If the testimonial privilege described in division 1,347
(B)(1) of this section does not apply to a physician or dentist 1,348
as provided in division (B)(1)(b) of this section, the physician 1,349
or dentist, in lieu of personally testifying as to the results of 1,350
the test in question, may submit a certified copy of those
32
results, and, upon its submission, the certified copy is 1,351
qualified as authentic evidence and may be admitted as evidence 1,352
in accordance with the Rules of Evidence. Division (A) of 1,353
section 2317.422 of the Revised Code does not apply to any 1,354
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 1,355
the right of any party to call as a witness the person who 1,356
administered the test in question, the person under whose 1,357
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 1,358
person under whose supervision the results were compiled. 1,359
(4)(a) As used in divisions (B)(1) to (3) of this section, 1,361
"communication" means acquiring, recording, or transmitting any 1,362
information, in any manner, concerning any facts, opinions, or 1,363
statements necessary to enable a physician or dentist to 1,364
diagnose, treat, prescribe, or act for a patient. A 1,365
"communication" may include, but is not limited to, any medical 1,366
or dental, office, or hospital communication such as a record, 1,367
chart, letter, memorandum, laboratory test and results, x-ray, 1,368
photograph, financial statement, diagnosis, or prognosis. 1,369
(b) As used in division (B)(2) of this section, "health 1,371
care provider" has the same meaning as in section 3729.01 of the 1,372
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 1,374
apply to doctors of medicine, doctors of osteopathic medicine, 1,375
doctors of podiatry, and dentists. 1,376
(6) Nothing in divisions (B)(1) to (5) of this section 1,378
affects, or shall be construed as affecting, the immunity from 1,379
civil liability conferred by section 2305.33 of the Revised Code 1,380
upon physicians who report an employee's use of a drug of abuse, 1,381
or a condition of an employee other than one involving the use of 1,382
a drug of abuse, to the employer of the employee in accordance 1,383
with division (B) of that section. As used in this division 1,384
(B)(6) OF THIS SECTION, "employee," "employer," and "physician" 1,386
33
have the same meanings as in section 2305.33 of the Revised Code. 1,387
(C) A member of the clergy, rabbi, priest, or regularly 1,389
ordained, accredited, or licensed minister of an established and 1,391
legally cognizable church, denomination, or sect, when the cleric 1,392
MEMBER OF THE CLERGY, rabbi, priest, or minister remains 1,394
accountable to the authority of that church, denomination, or 1,395
sect, concerning a confession made, or any information 1,396
confidentially communicated, TO the clergyman MEMBER OF THE 1,397
CLERGY, rabbi, priest, or minister for a religious counseling 1,398
purpose in the clergyman's MEMBER OF THE CLERGY'S, rabbi's, 1,399
priest's, or minister's professional character; however, the 1,401
cleric MEMBER OF THE CLERGY, rabbi, priest, or minister may 1,403
testify by express consent of the person making the 1,404
communication, except when the disclosure of the information is 1,405
in violation of the clergyman's rabbi's, priest's, or minister's 1,406
a sacred trust.
(D) Husband or wife, concerning any communication made by 1,408
one to the other, or an act done by either in the presence of the 1,409
other, during coverture, unless the communication was made, or 1,410
act done, in the known presence or hearing of a third person 1,411
competent to be a witness; and such rule is the same if the 1,412
marital relation has ceased to exist. 1,413
(E) A person who assigns a claim or interest, concerning 1,415
any matter in respect to which the person would not, if a party, 1,417
be permitted to testify;
(F) A person who, if a party, would be restricted under 1,420
section 2317.03 of the Revised Code, when the property or thing 1,421
is sold or transferred by an executor, administrator, guardian, 1,422
trustee, heir, devisee, or legatee, shall be restricted in the 1,423
same manner in any action or proceeding concerning the property 1,424
or thing.
(G)(1) A school guidance counselor who holds a valid 1,426
educator license from the state board of education as provided 1,428
for in section 3319.22 of the Revised Code, a person licensed 1,429
34
under Chapter 4757. of the Revised Code as a professional 1,430
clinical counselor, professional counselor, social worker, or 1,431
independent social worker, or registered under Chapter 4757. of 1,432
the Revised Code as a social work assistant concerning a 1,433
confidential communication such person such person's received 1,434
from a client in that relation or such person's the person's 1,435
advice to the a client unless any of the following applies: 1,436
(a) The communication or advice indicates clear and 1,438
present danger to the client or other persons. For the purposes 1,439
of this division, cases in which there are indications of present 1,440
or past child abuse or neglect of the client constitute a clear 1,441
and present danger. 1,442
(b) The client gives express consent to the testimony. 1,444
(c) If the client is deceased, the surviving spouse or the 1,446
executor or administrator of the estate of the deceased client 1,447
gives express consent. 1,448
(d) The client voluntarily testifies, in which case the 1,450
school guidance counselor or person licensed or registered under 1,451
Chapter 4757. of the Revised Code may be compelled to testify on 1,453
the same subject.
(e) The court in camera determines that the information 1,455
communicated by the client is not germane to the counselor-client 1,456
or social worker-client relationship. 1,457
(f) A court, in an action brought against a school, its 1,459
administration, or any of its personnel by the client, rules 1,460
after an in-camera inspection that the testimony of the school 1,461
guidance counselor is relevant to that action. 1,462
(2) Nothing in division (G)(1) of this section shall 1,464
relieve a school guidance counselor or a person licensed or 1,466
registered under Chapter 4757. of the Revised Code from the 1,468
requirement to report information concerning child abuse or 1,469
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 1,471
division (A) of section 3109.052 of the Revised Code or otherwise 1,472
35
issued in any proceeding for divorce, dissolution, legal 1,473
separation, annulment, or the allocation of parental rights and 1,474
responsibilities for the care of children, in any action or 1,475
proceeding, other than a criminal, delinquency, child abuse, 1,476
child neglect, or dependent child action or proceeding, that is 1,477
brought by or against either parent who takes part in mediation 1,478
in accordance with the order and that pertains to the mediation 1,479
process, to any information discussed or presented in the 1,480
mediation process, to the allocation of parental rights and 1,481
responsibilities for the care of the parents' children, or to the 1,482
awarding of visitation rights in relation to their children. 1,483
(I) A communications assistant, acting within the scope of 1,485
the communication that assistant's authority, when providing 1,486
telecommunications relay service pursuant to section 4931.35 of 1,488
the Revised Code or Title II of the "Communications Act of 1934," 1,489
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 1,490
made through a telecommunications relay service. 1,491
Nothing in this section shall limit any immunity or 1,493
privilege granted under federal law or regulation. Nothing in 1,494
this section shall limit the obligation of a communications 1,495
assistant to divulge information or testify when mandated by 1,496
federal law or regulation or pursuant to subpoena in a criminal 1,497
proceeding. 1,498
Sec. 2925.01. As used in this chapter: 1,507
(A) "Administer," "controlled substance," "dispense," 1,509
"distribute," "hypodermic," "manufacturer," "official written 1,511
order," "person," "pharmacist," "pharmacy," "sale," "schedule I," 1,513
"schedule II," "schedule III," "schedule IV," "schedule V," and 1,514
"wholesaler" have the same meanings as in section 3719.01 of the 1,515
Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the 1,517
same meanings as in section 3719.011 of the Revised Code. 1,518
(C) "Drug," "dangerous drug," "licensed health 1,520
professional authorized to prescribe drugs," and "prescription" 1,522
36
have the same meanings as in section 4729.01 of the Revised Code. 1,523
(D) "Bulk amount" of a controlled substance means any of 1,525
the following: 1,526
(1) For any compound, mixture, preparation, or substance 1,528
included in schedule I, schedule II, or schedule III, with the 1,530
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 1,532
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 1,534
twenty-five unit doses of a compound, mixture, preparation, or 1,535
substance that is or contains any amount of a schedule I opiate 1,536
or opium derivative; 1,537
(b) An amount equal to or exceeding ten grams of a 1,540
compound, mixture, preparation, or substance that is or contains 1,541
any amount of raw or gum opium; 1,542
(c) An amount equal to or exceeding thirty grams or ten 1,545
unit doses of a compound, mixture, preparation, or substance that 1,546
is or contains any amount of a schedule I hallucinogen other than 1,547
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,550
stimulant or depressant; 1,551
(d) An amount equal to or exceeding twenty grams or five 1,554
times the maximum daily dose in the usual dose range specified in 1,555
a standard pharmaceutical reference manual of a compound, 1,556
mixture, preparation, or substance that is or contains any amount 1,557
of a schedule II opiate or opium derivative; 1,558
(e) An amount equal to or exceeding five grams or ten unit 1,560
doses of a compound, mixture, preparation, or substance that is 1,561
or contains any amount of phencyclidine; 1,562
(f) An amount equal to or exceeding one hundred twenty 1,564
grams or thirty times the maximum daily dose in the usual dose 1,565
range specified in a standard pharmaceutical reference manual of 1,566
a compound, mixture, preparation, or substance that is or 1,567
contains any amount of a schedule II stimulant that is in a final 1,568
dosage form manufactured by a person authorized by the "Federal 1,569
37
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 1,571
301, as amended, and the federal drug abuse control laws, as 1,572
defined in section 3719.01 of the Revised Code, that is or
contains any amount of a schedule II depressant substance or a 1,574
schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a 1,577
compound, mixture, preparation, or substance that is or contains 1,578
any amount of a schedule II stimulant, or any of its salts or 1,579
isomers, that is not in a final dosage form manufactured by a 1,580
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,581
the federal drug abuse control laws. 1,582
(2) An amount equal to or exceeding one hundred twenty 1,585
grams or thirty times the maximum daily dose in the usual dose 1,586
range specified in a standard pharmaceutical reference manual of 1,588
a compound, mixture, preparation, or substance that is or 1,590
contains any amount of a schedule III or IV substance other than 1,592
an anabolic steroid or a schedule III opiate or opium derivative; 1,593
(3) An amount equal to or exceeding twenty grams or five 1,595
times the maximum daily dose in the usual dose range specified in 1,596
a standard pharmaceutical reference manual of a compound, 1,597
mixture, preparation, or substance that is or contains any amount 1,599
of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 1,601
milliliters or two hundred fifty grams of a compound, mixture, 1,602
preparation, or substance that is or contains any amount of a 1,603
schedule V substance; 1,604
(5) An amount equal to or exceeding two hundred solid 1,607
dosage units, sixteen grams, or sixteen milliliters of a 1,608
compound, mixture, preparation, or substance that is or contains 1,609
any amount of a schedule III anabolic steroid. 1,610
(E) "Unit dose" means an amount or unit of a compound, 1,612
mixture, or preparation containing a controlled substance that is 1,613
separately identifiable and in a form that indicates that it is 1,615
the amount or unit by which the controlled substance is 1,616
38
separately administered to or taken by an individual. 1,617
(F) "Cultivate" includes planting, watering, fertilizing, 1,619
or tilling. 1,620
(G) "Drug abuse offense" means any of the following: 1,622
(1) A violation of division (A) of section 2913.02 that 1,624
constitutes theft of drugs, or a violation of section 2925.02, 1,625
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,626
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,628
Revised Code;
(2) A violation of an existing or former law of this or 1,630
any other state or of the United States that is substantially 1,631
equivalent to any section listed in division (G)(1) of this 1,632
section; 1,633
(3) An offense under an existing or former law of this or 1,635
any other state, or of the United States, of which planting, 1,636
cultivating, harvesting, processing, making, manufacturing, 1,637
producing, shipping, transporting, delivering, acquiring, 1,638
possessing, storing, distributing, dispensing, selling, inducing 1,639
another to use, administering to another, using, or otherwise 1,640
dealing with a controlled substance is an element; 1,641
(4) A conspiracy to commit, attempt to commit, or 1,643
complicity in committing or attempting to commit any offense 1,644
under division (G)(1), (2), or (3) of this section. 1,645
(H) "Felony drug abuse offense" means any drug abuse 1,647
offense that would constitute a felony under the laws of this 1,648
state, any other state, or the United States. 1,649
(I) "Harmful intoxicant" does not include beer or 1,651
intoxicating liquor but means any compound, mixture, preparation, 1,653
or substance the gas, fumes, or vapor of which when inhaled can 1,654
induce intoxication, excitement, giddiness, irrational behavior, 1,655
depression, stupefaction, paralysis, unconsciousness, 1,656
asphyxiation, or other harmful physiological effects, and 1,657
includes, but is not limited to, any of the following: 1,658
(1) Any volatile organic solvent, plastic cement, model 1,660
39
cement, fingernail polish remover, lacquer thinner, cleaning 1,661
fluid, gasoline, or other preparation containing a volatile 1,662
organic solvent; 1,663
(2) Any aerosol propellant; 1,665
(3) Any fluorocarbon refrigerant; 1,667
(4) Any anesthetic gas. 1,669
(J) "Manufacture" means to plant, cultivate, harvest, 1,671
process, make, prepare, or otherwise engage in any part of the 1,672
production of a drug, by propagation, extraction, chemical 1,673
synthesis, or compounding, or any combination of the same, and 1,674
includes packaging, repackaging, labeling, and other activities 1,675
incident to production. 1,676
(K) "Possess" or "possession" means having control over a 1,678
thing or substance, but may not be inferred solely from mere 1,679
access to the thing or substance through ownership or occupation 1,680
of the premises upon which the thing or substance is found. 1,681
(L) "Sample drug" means a drug or pharmaceutical 1,683
preparation that would be hazardous to health or safety if used 1,684
without the supervision of a licensed health professional 1,686
authorized to prescribe drugs, or a drug of abuse, and that, at 1,687
one time, had been placed in a container plainly marked as a 1,688
sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the 1,690
current edition, with cumulative changes if any, of any of the 1,691
following reference works: 1,692
(1) "The National Formulary"; 1,694
(2) "The United States Pharmacopeia," prepared by 1,696
authority of the United States Pharmacopeial Convention, Inc.; 1,697
(3) Other standard references that are approved by the 1,699
state board of pharmacy. 1,700
(N) "Juvenile" means a person under eighteen years of age. 1,702
(O) "Counterfeit controlled substance" means any of the 1,704
following: 1,705
(1) Any drug that bears, or whose container or label 1,707
40
bears, a trademark, trade name, or other identifying mark used 1,708
without authorization of the owner of rights to that trademark, 1,709
trade name, or identifying mark; 1,710
(2) Any unmarked or unlabeled substance that is 1,712
represented to be a controlled substance manufactured, processed, 1,713
packed, or distributed by a person other than the person that 1,714
manufactured, processed, packed, or distributed it; 1,715
(3) Any substance that is represented to be a controlled 1,717
substance but is not a controlled substance or is a different 1,718
controlled substance; 1,719
(4) Any substance other than a controlled substance that a 1,721
reasonable person would believe to be a controlled substance 1,722
because of its similarity in shape, size, and color, or its 1,723
markings, labeling, packaging, distribution, or the price for 1,724
which it is sold or offered for sale. 1,725
(P) An offense is "committed in the vicinity of a school" 1,727
if the offender commits the offense on school premises, in a 1,728
school building, or within one thousand feet of the boundaries of 1,729
any school premises.
(Q) "School" means any school operated by a board of 1,731
education or any school for which the state board of education 1,732
prescribes minimum standards under section 3301.07 of the Revised 1,733
Code, whether or not any instruction, extracurricular activities, 1,734
or training provided by the school is being conducted at the time 1,735
a criminal offense is committed. 1,736
(R) "School premises" means either of the following: 1,738
(1) The parcel of real property on which any school is 1,740
situated, whether or not any instruction, extracurricular 1,741
activities, or training provided by the school is being conducted 1,742
on the premises at the time a criminal offense is committed; 1,743
(2) Any other parcel of real property that is owned or 1,745
leased by a board of education of a school or the governing body 1,746
of a school for which the state board of education prescribes 1,747
minimum standards under section 3301.07 of the Revised Code and 1,748
41
on which some of the instruction, extracurricular activities, or 1,749
training of the school is conducted, whether or not any 1,750
instruction, extracurricular activities, or training provided by 1,751
the school is being conducted on the parcel of real property at 1,752
the time a criminal offense is committed. 1,753
(S) "School building" means any building in which any of 1,755
the instruction, extracurricular activities, or training provided 1,756
by a school is conducted, whether or not any instruction, 1,757
extracurricular activities, or training provided by the school is 1,758
being conducted in the school building at the time a criminal 1,759
offense is committed. 1,760
(T) "Disciplinary counsel" means the disciplinary counsel 1,762
appointed by the board of commissioners on grievances and 1,763
discipline of the supreme court under the Rules for the 1,764
Government of the Bar of Ohio. 1,765
(U) "Certified grievance committee" means a duly 1,767
constituted and organized committee of the Ohio state bar 1,768
association or of one or more local bar associations of the state 1,769
of Ohio that complies with the criteria set forth in Rule V, 1,770
section 6 of the Rules for the Government of the Bar of Ohio. 1,771
(V) "Professional license" means any license, permit, 1,773
certificate, registration, qualification, admission, temporary 1,774
license, temporary permit, temporary certificate, or temporary 1,775
registration that is described in divisions (W)(1) to (35) of 1,776
this section and that qualifies a person as a professionally 1,777
licensed person. 1,778
(W) "Professionally licensed person" means any of the 1,780
following: 1,781
(1) A person who has obtained a license as a manufacturer 1,783
of controlled substances or a wholesaler of controlled substances 1,784
under Chapter 3719. of the Revised Code; 1,785
(2) A person who has received a certificate or temporary 1,787
certificate as a certified public accountant or who has 1,788
registered as a public accountant under Chapter 4701. of the 1,789
42
Revised Code and who holds a live permit issued under that 1,790
chapter; 1,791
(3) A person who holds a certificate of qualification to 1,793
practice architecture issued or renewed and registered under 1,794
Chapter 4703. of the Revised Code; 1,795
(4) A person who is registered as a landscape architect 1,797
under Chapter 4703. of the Revised Code or who holds a permit as 1,798
a landscape architect issued under that chapter; 1,799
(5) A person licensed as an auctioneer or apprentice 1,801
auctioneer or licensed to operate an auction company under 1,802
Chapter 4707. of the Revised Code; 1,803
(6) A person who has been issued a certificate of 1,805
registration as a registered barber under Chapter 4709. of the 1,806
Revised Code; 1,807
(7) A person licensed and regulated to engage in the 1,809
business of a debt pooling company by a legislative authority, 1,810
under authority of Chapter 4710. of the Revised Code; 1,811
(8) A person who has been issued a cosmetologist's 1,813
license, manicurist's license, esthetician's license, managing 1,814
cosmetologist's license, managing manicurist's license, managing 1,815
esthetician's license, cosmetology instructor's license, 1,816
manicurist instructor's license, esthetician instructor's 1,817
license, or tanning facility permit under Chapter 4713. of the 1,818
Revised Code; 1,819
(9) A person who has been issued a license to practice 1,821
dentistry, a general anesthesia permit, a conscious intravenous 1,822
sedation permit, a limited resident's license, a limited teaching 1,823
license, a dental hygienist's license, or a dental hygienist's 1,824
teacher's certificate under Chapter 4715. of the Revised Code; 1,825
(10) A person who has been issued an embalmer's license, a 1,827
funeral director's license, a funeral home license, or a 1,828
crematory license, or who has been registered for an embalmer's 1,829
or funeral director's apprenticeship under Chapter 4717. of the 1,830
Revised Code;
43
(11) A person who has been licensed as a registered nurse 1,832
or practical nurse, or who has been issued a certificate for the 1,833
practice of nurse-midwifery under Chapter 4723. of the Revised 1,834
Code; 1,835
(12) A person who has been licensed to practice optometry 1,837
or to engage in optical dispensing under Chapter 4725. of the 1,838
Revised Code; 1,839
(13) A person licensed to act as a pawnbroker under 1,841
Chapter 4727. of the Revised Code; 1,842
(14) A person licensed to act as a precious metals dealer 1,844
under Chapter 4728. of the Revised Code; 1,845
(15) A person licensed as a pharmacist, a pharmacy intern, 1,848
a wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised 1,849
Code; 1,850
(16) A person who is authorized to practice as a physician 1,852
assistant under Chapter 4730. of the Revised Code; 1,853
(17) A person who has been issued a certificate to 1,855
practice medicine and surgery, osteopathic medicine and surgery, 1,856
a limited branch of medicine or surgery, or podiatry under 1,857
Chapter 4731. of the Revised Code; 1,858
(18) A person licensed as a psychologist or school 1,860
psychologist under Chapter 4732. of the Revised Code; 1,861
(19) A person registered to practice the profession of 1,863
engineering or surveying under Chapter 4733. of the Revised Code; 1,864
(20) A person who has been issued a license to practice 1,867
chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker, 1,869
real estate salesperson, limited real estate broker, or limited 1,870
real estate salesperson under Chapter 4735. of the Revised Code; 1,871
(22) A person registered as a registered sanitarian under 1,873
Chapter 4736. of the Revised Code; 1,874
(23) A person licensed to operate or maintain a junkyard 1,876
under Chapter 4737. of the Revised Code; 1,877
44
(24) A person who has been issued a motor vehicle salvage 1,879
dealer's license under Chapter 4738. of the Revised Code; 1,880
(25) A person who has been licensed to act as a steam 1,882
engineer under Chapter 4739. of the Revised Code; 1,883
(26) A person who has been issued a license or temporary 1,885
permit to practice veterinary medicine or any of its branches, or 1,886
who is registered as a graduate animal technician under Chapter 1,887
4741. of the Revised Code; 1,888
(27) A person who has been issued a hearing aid dealer's 1,890
or fitter's license or trainee permit under Chapter 4747. of the 1,891
Revised Code; 1,892
(28) A person who has been issued a class A, class B, or 1,894
class C license or who has been registered as an investigator or 1,895
security guard employee under Chapter 4749. of the Revised Code; 1,896
(29) A person licensed and registered to practice as a 1,898
nursing home administrator under Chapter 4751. of the Revised 1,899
Code; 1,900
(30) A person licensed to practice as a speech-language 1,902
pathologist or audiologist under Chapter 4753. of the Revised 1,904
Code;
(31) A person issued a license as an occupational 1,906
therapist or physical therapist under Chapter 4755. of the 1,907
Revised Code; 1,908
(32) A person who is licensed as a professional clinical 1,910
counselor or professional counselor, licensed as a social worker 1,911
or independent social worker, or registered as a social work 1,912
assistant under Chapter 4757. of the Revised Code; 1,913
(33) A person issued a license to practice dietetics under 1,915
Chapter 4759. of the Revised Code; 1,916
(34) A person who has been issued a license or limited 1,919
permit to practice respiratory therapy under Chapter 4761. of the 1,920
Revised Code; 1,921
(35) A person who has been issued a real estate appraiser 1,923
certificate under Chapter 4763. of the Revised Code. 1,924
45
(X) "Cocaine" means any of the following: 1,926
(1) A cocaine salt, isomer, or derivative, a salt of a 1,928
cocaine isomer or derivative, or the base form of cocaine; 1,929
(2) Coca leaves or a salt, compound, derivative, or 1,931
preparation of coca leaves, including ecgonine, a salt, isomer, 1,932
or derivative of ecgonine, or a salt of an isomer or derivative 1,933
of ecgonine; 1,934
(3) A salt, compound, derivative, or preparation of a 1,936
substance identified in division (X)(1) or (2) of this section 1,938
that is chemically equivalent to or identical with any of those 1,939
substances, except that the substances shall not include 1,940
decocainized coca leaves or extraction of coca leaves if the 1,941
extractions do not contain cocaine or ecgonine. 1,942
(Y) "L.S.D." means lysergic acid diethylamide. 1,945
(Z) "Hashish" means the resin or a preparation of the 1,947
resin contained in marihuana, whether in solid form or in a 1,948
liquid concentrate, liquid extract, or liquid distillate form. 1,949
(AA) "Marihuana" has the same meaning as in section 1,951
3719.01 of the Revised Code, except that it does not include 1,953
hashish.
(BB) An offense is "committed in the vicinity of a 1,955
juvenile" if the offender commits the offense within one hundred 1,957
feet of a juvenile or within the view of a juvenile, regardless 1,958
of whether the offender knows the age of the juvenile, whether 1,959
the offender knows the offense is being committed within one 1,960
hundred feet of or within view of the juvenile, or whether the 1,961
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 1,963
a prison term shall be imposed" means a presumption, as described 1,964
in division (D) of section 2929.13 of the Revised Code, that a 1,965
prison term is a necessary sanction for a felony in order to 1,966
comply with the purposes and principles of sentencing under 1,967
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 1,969
46
section 2929.01 of the Revised Code. 1,970
(EE) "Minor drug possession offense" means either of the 1,972
following: 1,973
(1) A violation of section 2925.11 of the Revised Code as 1,975
it existed prior to July 1, 1996; 1,976
(2) A violation of section 2925.11 of the Revised Code as 1,978
it exists on and after July 1, 1996, that is a misdemeanor or a 1,979
felony of the fifth degree. 1,980
(FF) "Mandatory prison term" has the same meaning as in 1,983
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 1,985
preparation, or substance that is or contains any amount of 1,986
cocaine that is analytically identified as the base form of 1,987
cocaine or that is in a form that resembles rocks or pebbles 1,988
generally intended for individual use.
Sec. 4713.01. As used in sections 4713.01 to 4713.21 of 1,997
the Revised Code: 1,998
(A) The practice of cosmetology includes work done for 2,000
pay, free, or otherwise, by any person, which work is usually 2,001
performed by hairdressers, cosmetologists, cosmeticians, or 2,002
beauty culturists, however denominated, in beauty salons; which 2,003
work is for the embellishment, cleanliness, and beautification of 2,004
hair, wigs, and postiches, such as arranging, dressing, pressing, 2,005
curling, waving, permanent waving, cleansing, cutting, singeing, 2,006
bleaching, coloring, weaving, or similar work, and the massaging, 2,007
cleansing, stimulating, manipulating, exercising, or similar work 2,008
by the use of manual massage techniques or mechanical or 2,009
electrically operated apparatus or appliances, or cosmetics, 2,010
preparations, tonics, antiseptics, creams, or lotions, and of 2,011
manicuring the nails or application of artificial nails, which 2,012
enumerated practices shall be inclusive of the practice of 2,013
cosmetology, but not in limitation thereof. Sections 4713.01 to 2,014
4713.21 of the Revised Code do not permit any of the services or 2,015
arts described in this division to be used for the treatment or 2,016
47
cure of any physical or mental diseases or ailments. 2,017
The retail sale or the trial demonstration by application 2,019
to the skin for purposes of retail sale of cosmetics, 2,020
preparations, tonics, antiseptics, creams, lotions, wigs, and 2,021
postiches shall not be considered the practice of cosmetology. 2,022
(B) "Cosmetologist," "cosmetician," "beauty culturist," 2,024
or "hairdresser," means any person who, for pay, free, or 2,025
otherwise, engages in the practice of cosmetology. 2,026
(C) "Manicurist" means any person who, for pay, free, or 2,028
otherwise, engages only in the occupation of manicuring the nails 2,029
of any person or the application of artificial or sculptured 2,030
nails, or both. 2,031
(D) "The practice of esthetics" includes work done for 2,033
pay, free, or otherwise, by any person, which work is the 2,034
application of cosmetics, tonics, antiseptics, creams, lotions, 2,035
or other preparations for the purpose of skin beautification and 2,036
includes preparation of the skin by manual massage techniques or 2,037
by use of electrical, mechanical, or other apparatus. 2,038
(E) "Esthetician" means any person who, for pay, free, or 2,040
otherwise, engages only in the practice of esthetics. 2,041
(F) "Beauty salon" means any premises, building, or part 2,043
of a building, in which any branch of cosmetology, except the 2,044
occupation of a manicurist when carried on in a barber shop 2,045
licensed under Chapter 4709. of the Revised Code, or the 2,046
occupation of a cosmetologist is practiced. 2,047
(G) "Student" means any person who is engaged in learning 2,049
or acquiring knowledge of the occupation of a cosmetologist, 2,050
manicurist, or esthetician in a school of cosmetology. 2,051
(H) "School of cosmetology" means any premises, building, 2,053
or part of a building in which students are instructed in the 2,054
theories and practices of cosmetology, manicuring, and esthetics. 2,055
(I) "Managing cosmetologist" means any person who has met 2,057
the requirements of division (D) of section 4713.04 of the 2,058
Revised Code, and has applied for and received a managing 2,059
48
cosmetologist license. 2,060
(J) "Cosmetology instructor" means any person who has met 2,062
the requirements of division (E) of section 4713.04 of the 2,063
Revised Code, and has applied for and received an instructor's 2,064
license. 2,065
(K) "Apprentice instructor" means any licensee of the 2,067
state board of cosmetology who is engaged in learning or 2,068
acquiring knowledge of the occupation of an instructor, in any 2,069
branch of cosmetology in a duly licensed school of cosmetology. 2,071
(L) "Cosmetic therapy" and "cosmetic therapist" have HAS 2,073
the same meanings MEANING as in section 4731.15 of the Revised 2,074
Code.
(M) "Nail salon" means any premises, building, or part of 2,076
a building in which manicurists engage only in the occupation of 2,077
manicuring the nails of any person or the application of 2,078
artificial or sculptured nails, or both. For administrative 2,079
purposes, a nail salon is deemed the equivalent of a beauty salon 2,080
and is subject to appropriate rules with respect to sanitation 2,081
and sterilization. A licensed manicurist may practice the 2,082
occupation of manicuring nails in a nail salon, in a beauty 2,083
salon, or in a barber shop. 2,084
(N) "Esthetics salon" means any premises, building, or 2,086
part of a building in which esthetics is performed by a person 2,087
licensed as a cosmetologist or esthetician. For administrative 2,088
purposes, an esthetics salon is deemed the equivalent of a beauty 2,089
salon and is subject to the appropriate rules with respect to 2,090
sanitation and sterilization. 2,091
(O) "Managing manicurist" means any person who has met the 2,093
requirements of division (H) of section 4713.04 of the Revised 2,094
Code, and has applied for and received a managing manicurist 2,095
license. 2,096
(P) "Manicurist instructor" means any person who meets the 2,098
requirements of division (L) of section 4713.04 of the Revised 2,099
Code and who has applied for and received a manicurist instructor 2,100
49
license. 2,101
(Q) "Managing esthetician" means any person who has met 2,103
the requirements of division (J) of section 4713.04 of the 2,104
Revised Code, and has applied for and received a managing 2,105
esthetician's license. 2,106
(R) "Esthetics instructor" means any person who meets the 2,108
requirements of division (K) of section 4713.04 of the Revised 2,109
Code and who has applied for and received an esthetics instructor 2,110
license. 2,111
(S) "Glamour photography" means the combination of a 2,113
photographic service or product with the delivery of a 2,114
cosmetology service advertised or sold to the public. 2,115
Sec. 4713.12. Sections 4713.01 to 4713.21 of the Revised 2,124
Code do not prohibit service in cases of emergency or domestic 2,125
administration, without compensation. The following persons 2,126
shall be exempt from the provisions of such sections: 2,127
(A) All persons authorized to practice medicine, surgery, 2,129
dentistry, and nursing or any of its branches in this state; 2,130
(B) Commissioned surgical and medical officers of the 2,132
United States army, navy, or marine hospital service when engaged 2,133
in the actual performance of their official duties, and 2,134
attendants attached to same; 2,135
(C) Barbers, insofar as their usual and ordinary vocation 2,137
and profession is concerned; 2,138
(D) Funeral directors, embalmers, and apprentices licensed 2,140
or registered under Chapter 4717. of the Revised Code; 2,141
(E) Persons who are engaged in the retail sale, cleaning, 2,143
or beautification of wigs and postiches but who do not engage in 2,144
any other act constituting the practice of cosmetology; 2,145
(F) Volunteers of hospitals, and homes as defined in 2,147
section 3721.01 of the Revised Code, who render service to 2,148
registered patients and inpatients who reside in such hospitals 2,149
or homes. Such volunteers shall not use or work with any 2,150
chemical products such as permanent wave, hair dye, or chemical 2,151
50
hair relaxer, which without proper training would pose a health 2,152
or safety problem to the patient. 2,153
(G) Nurses aides and other employees of hospitals and 2,155
homes as defined in section 3721.01 of the Revised Code, who 2,156
render cosmetology services to registered patients only as part 2,157
of general patient care services and who do not charge patients 2,158
directly on a fee for service basis; 2,159
(H) Cosmetic therapists who HOLD CURRENT, VALID 2,161
CERTIFICATES TO practice cosmetic therapy in premises approved 2,162
ISSUED by the state medical board under Chapter 4731. SECTION 2,163
4731.15 of the Revised Code; 2,164
(I) Photographers engaged in delivering a glamour 2,166
photography service in a licensed salon, so long as the person 2,167
advertising and operating the glamour photography service is 2,168
properly licensed under this chapter by the state board of 2,169
cosmetology.
Sec. 4713.14. (A) Beauty salons shall be in charge of and 2,178
under the immediate supervision of a licensed managing 2,179
cosmetologist and esthetics salons shall be in charge of and 2,180
under the immediate supervision of a licensed managing 2,181
cosmetologist or a licensed managing esthetician. Beauty salons 2,182
and esthetics salons shall be equipped to provide potable running 2,183
hot and cold water and proper drainage, to sanitize all 2,184
instruments and supplies used therein in the practice of 2,185
cosmetology and any of its branches, and to sterilize all 2,186
instruments and supplies used therein by cosmetic therapists 2,187
licensed AUTHORIZED TO PRACTICE under section 4731.15 of the 2,188
Revised Code. Except as provided in division (C) of this 2,190
section, rooms licensed as beauty salons or esthetics salons 2,191
shall be used only for the practice of services regulated and 2,192
licensed under this chapter and section 4731.15 of the Revised 2,193
Code, be kept in a clean and sanitary condition, and be properly 2,194
ventilated. Nothing in this section shall be construed to forbid 2,195
the retailing of cosmetics, preparations, tonics, antiseptics, 2,196
51
creams, lotions, wigs, postiches, and other items related to the 2,197
practice of cosmetology, including clothing, or forbid the 2,198
provision of glamour photography, in a beauty salon or esthetics 2,199
salon. No food shall be sold in rooms used as beauty salons or 2,200
esthetics salons. 2,201
(B) Nail salons shall be in charge of and under the 2,203
immediate supervision of a licensed managing manicurist or a 2,204
licensed managing cosmetologist. Nail salons shall be equipped 2,205
to provide potable running hot and cold water and proper 2,206
drainage, and to sanitize all instruments and supplies used 2,207
therein in the manicuring of nails or in the practice of massage. 2,208
Rooms licensed as nail salons shall be used only for the practice 2,209
of services regulated and licensed under this chapter, and must 2,210
be kept in a clean and sanitary condition and be properly 2,211
ventilated. Nothing in this section shall be construed to forbid 2,212
the retailing of cosmetics, creams, lotions, and other items 2,213
related to the manicuring of nails, including clothing, in a nail 2,214
salon. No food shall be sold in rooms used as nail salons. 2,215
(C) Where the owner or operator of a beauty salon, nail 2,217
salon, or a school of cosmetology has a permit issued under 2,218
section 4713.25 of the Revised Code, tanning facilities may be 2,219
operated in beauty salons, nail salons, and schools of 2,220
cosmetology in accordance with rules that the state board of 2,221
cosmetology may adopt pertaining to the operation of tanning 2,222
facilities in beauty salons, nail salons, and schools. 2,223
(D) The owner or operator of a beauty salon or nail salon 2,225
may provide massage services at the salon if the services are 2,226
provided in accordance with any rules adopted under section 2,227
4713.02 of the Revised Code and the person giving the service 2,228
holds a current, valid certificate issued under section 4731.15 2,229
of the Revised Code. Any room used to provide massage services 2,230
in a salon shall be used for only that purpose and is subject to 2,231
the requirements relating to cleanliness and ventilation 2,232
established in division (A) of this section. 2,233
52
Sec. 4730.10. (A) An individual seeking a certificate of 2,242
registration as a physician assistant shall file with the state 2,243
medical board a written application on a form prescribed and 2,244
supplied by the board. The application shall include all of the 2,245
following:
(1) Satisfactory proof that the applicant is at least 2,247
eighteen years of age and of good moral character; 2,248
(2) The status of the applicant with respect to 2,250
eligibility for and application to take, or satisfactory 2,251
completion of, the examination of the national commission for 2,252
certification of physician assistants OR A SUCCESSOR ORGANIZATION 2,253
THAT IS RECOGNIZED BY THE BOARD; 2,254
(3) Any other information the board requires. 2,257
(B) The board shall review all applications received under 2,259
this section. The board shall determine whether an applicant 2,260
meets the requirements to receive a certificate of registration 2,262
not later than sixty days after receiving a complete application. 2,263
The affirmative vote of not fewer than six members of the board 2,265
is required to determine that an applicant meets the requirements 2,266
for a certificate.
A certificate of registration shall not be issued to an 2,269
applicant unless the applicant is certified by the national 2,270
commission on certification of physician assistants OR A 2,271
SUCCESSOR ORGANIZATION THAT IS RECOGNIZED BY THE BOARD, except 2,272
that the board may issue a temporary certificate of registration 2,274
to an applicant who has not yet taken the examination of the 2,275
commission OR ITS SUCCESSOR ORGANIZATION but is eligible for and 2,277
has made application to take the examination. A temporary
certificate shall be valid only until the results of the next 2,278
examinations are available to the board. 2,279
(C) At the time of making application for a certificate of 2,281
registration, the applicant shall pay the board a fee of one 2,283
hundred dollars, no part of which shall be returned. Such fees 2,284
shall be deposited in accordance with section 4731.24 of the 2,285
53
Revised Code.
Sec. 4730.12. (A) A person seeking to renew a certificate 2,294
of registration as a physician assistant shall, on or before the 2,295
thirty-first day of January of each even-numbered year, apply for 2,296
renewal of the certificate. The state medical board shall send 2,297
renewal notices at least one month prior to the expiration date. 2,299
Applications shall be submitted to the board on forms the 2,301
board shall prescribe and furnish. Each application shall be 2,302
accompanied by a biennial renewal fee of fifty dollars. The 2,303
board shall deposit the fees in accordance with section 4731.24 2,304
of the Revised Code.
The applicant shall report any criminal offense that 2,306
constitutes grounds for refusing to issue a certificate of 2,308
registration under section 4730.25 of the Revised Code TO WHICH 2,309
THE APPLICANT HAS PLEADED GUILTY, of which the applicant has been 2,311
found guilty, or to which the applicant has entered a plea of 2,313
guilty or no contest FOR WHICH THE APPLICANT HAS BEEN FOUND 2,314
ELIGIBLE FOR TREATMENT IN LIEU OF CONVICTION, since last 2,315
receiving SIGNING AN APPLICATION FOR a certificate of 2,317
registration as a physician assistant. 2,318
(B) To be eligible for renewal, a physician assistant must 2,321
certify to the board both of the following:
(1) That the physician assistant has maintained 2,323
certification by the national commission on certification of 2,324
physician assistants OR A SUCCESSOR ORGANIZATION THAT IS 2,325
RECOGNIZED BY THE BOARD by meeting the commission's standards to 2,326
hold current certification FROM THE COMMISSION OR ITS SUCCESSOR, 2,327
including completion of continuing medical education requirements 2,328
and passing periodic recertification examinations; 2,329
(2) Except as provided in divisions DIVISION (D) of this 2,332
section, that the physician assistant has completed during the 2,333
current registration period not less than one hundred hours of 2,334
continuing medical education acceptable to the board. The board 2,335
shall adopt rules in accordance with Chapter 119. of the Revised 2,337
54
Code specifying the types of continuing medical education that 2,338
must be completed to fulfill the board's requirements. The board 2,339
shall not adopt rules that require a physician assistant to 2,341
complete in any registration period more than one hundred hours 2,342
of continuing medical education acceptable to the board. In 2,343
fulfilling the board's requirements, a physician assistant may
use continuing medical education courses or programs completed to 2,344
maintain certification by the national commission on 2,345
certification of physician assistants OR A SUCCESSOR ORGANIZATION 2,346
THAT IS RECOGNIZED BY THE BOARD if the commission's standards for 2,347
acceptable courses and programs OF THE COMMISSION OR ITS 2,348
SUCCESSOR are at least equivalent to the standards established by 2,349
the board.
(C) If an applicant submits a complete renewal application 2,351
and qualifies for renewal pursuant to division (B) of this 2,353
section, the board shall issue to the applicant a renewed 2,354
certificate of registration as a physician assistant. The board 2,355
may require a random sample of physician assistants to submit 2,356
materials documenting certification by the national commission on 2,357
certification of physician assistants OR A SUCCESSOR ORGANIZATION 2,358
THAT IS REQUIRED BY THE BOARD and completion of the required 2,360
number of hours of continuing medical education.
(D) The board shall provide for pro rata reductions by 2,363
month of the number of hours of continuing education that must be 2,364
completed for individuals who are in their first registration 2,365
period, who have been disabled due to illness or accident, or who 2,366
have been absent from the country. The board shall adopt rules, 2,367
in accordance with Chapter 119. of the Revised Code, as necessary 2,369
to implement this division.
(E) A certificate of registration that is not renewed on 2,371
or before its expiration date IS automatically lapses SUSPENDED 2,373
on that ITS EXPIRATION date. The state medical board, in its 2,375
discretion, may SHALL reinstate a lapsed certificate SUSPENDED 2,376
FOR FAILURE TO RENEW upon the payment AN APPLICANT'S SUBMISSION 2,377
55
of all delinquent THE BIENNIAL renewal fees, a FEE, THE 2,379
APPLICABLE MONETARY penalty of twenty-five dollars, and
successful completion of CERTIFICATION THAT the number of hours 2,381
of continuing education necessary to have a lapsed certificate
reinstated HAVE BEEN COMPLETED, as specified in rules the board 2,383
shall adopt in accordance with Chapter 119. of the Revised Code. 2,384
THE PENALTY FOR REINSTATEMENT SHALL BE TWENTY-FIVE DOLLARS IF THE 2,386
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY 2,387
DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO 2,388
YEARS. THE BOARD SHALL DEPOSIT PENALTIES IN ACCORDANCE WITH
SECTION 4731.24 OF THE REVISED CODE. 2,389
(F) IF AN INDIVIDUAL CERTIFIES THAT THE INDIVIDUAL HAS 2,392
COMPLETED THE NUMBER OF HOURS AND TYPE OF CONTINUING MEDICAL
EDUCATION REQUIRED FOR RENEWAL OR REINSTATEMENT OF A CERTIFICATE 2,393
OF REGISTRATION AS A PHYSICIAN ASSISTANT, AND THE BOARD FINDS 2,394
THROUGH A RANDOM SAMPLE CONDUCTED UNDER DIVISION (C) OF THIS 2,396
SECTION OR THROUGH ANY OTHER MEANS THAT THE INDIVIDUAL DID NOT 2,397
COMPLETE THE REQUISITE CONTINUING MEDICAL EDUCATION, THE BOARD 2,398
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND
DOLLARS. THE BOARD'S FINDING SHALL BE MADE PURSUANT TO AN 2,399
ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE AND BY AN 2,401
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS. 2,402
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN 2,404
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE 2,405
UNDER SECTION 4730.25 OF THE REVISED CODE. THE BOARD SHALL 2,407
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE 2,408
REVISED CODE.
Sec. 4730.25. (A) The state medical board, pursuant to an 2,417
adjudication under Chapter 119. of the Revised Code and by a AN 2,419
AFFIRMATIVE vote of not fewer than six members, may revoke or may 2,420
refuse to grant a certificate of registration as a physician 2,421
assistant to a person found by the board to have committed fraud, 2,422
misrepresentation, or deception in applying for or securing the 2,423
certificate. 2,424
56
(B) The board, pursuant to an adjudication under Chapter 2,427
119. of the Revised Code and by a AN AFFIRMATIVE vote of not 2,428
fewer than six members, shall, to the extent permitted by law, 2,429
limit, revoke, or suspend a AN INDIVIDUAL'S certificate of 2,430
registration as a physician assistant, refuse to issue a 2,431
certificate to an applicant, refuse to reinstate a certificate, 2,432
or reprimand or place on probation the holder of a certificate 2,433
for any of the following reasons: 2,434
(1) Failure to practice in accordance with the conditions 2,437
under which the supervising physician's supervision agreement 2,438
with the physician assistant was approved, including the 2,439
requirement that when practicing under a particular supervising 2,440
physician, the physician assistant must practice only according 2,441
to the standard or supplemental utilization plan the board 2,442
approved for that physician;
(2) Failure to comply with the requirements of this 2,444
chapter, Chapter 4731. of the Revised Code, or any rules adopted 2,445
by the board; 2,446
(3) Violating or attempting to violate, directly or 2,448
indirectly, or assisting in or abetting the violation of, or 2,449
conspiring to violate, any provision of this chapter, Chapter 2,451
4731. of the Revised Code, or the rules adopted by the board; 2,452
(4) Inability to practice according to acceptable and 2,455
prevailing standards of care by reason of mental illness or 2,456
physical illness, including physical deterioration that adversely 2,457
affects cognitive, motor, or perceptive skills;
(5) Impairment of ability to practice according to 2,459
acceptable and prevailing standards of care because of habitual 2,460
or excessive use or abuse of drugs, alcohol, or other substances 2,461
that impair ability to practice; 2,462
(6) Administering drugs for purposes other than those 2,464
authorized under this chapter; 2,465
(7) Willfully betraying a professional confidence; 2,467
(8) Soliciting patients or publishing MAKING a false, 2,469
57
fraudulent, deceptive, or misleading statement. As IN SOLICITING 2,471
OR ADVERTISING FOR PATIENTS, IN RELATION TO THE PRACTICE OF 2,473
MEDICINE AS IT PERTAINS TO PHYSICIAN ASSISTANTS, OR IN SECURING 2,474
OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO PRACTICE 2,475
AS A PHYSICIAN ASSISTANT OR APPROVAL OF A SUPERVISION AGREEMENT. 2,476
AS used in this division, "false, fraudulent, deceptive, or 2,479
misleading statement" means a statement that includes a 2,480
misrepresentation of fact, is likely to mislead or deceive 2,481
because of a failure to disclose material facts, is intended or 2,482
is likely to create false or unjustified expectations of 2,483
favorable results, or includes representations or implications 2,484
that in reasonable probability will cause an ordinarily prudent 2,485
person to misunderstand or be deceived.
(9) Representing, with the purpose of obtaining 2,487
compensation or other advantage personally or for any other 2,488
person, that an incurable disease or injury, or other incurable 2,489
condition, can be permanently cured; 2,490
(10) The obtaining of, or attempting to obtain, money or 2,492
anything of value by fraudulent misrepresentations in the course 2,493
of practice; 2,494
(11) A plea of guilty to, or a judicial finding of guilt 2,497
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,498
CONVICTION FOR, a felony;
(12) Commission of an act that constitutes a felony in 2,500
this state, regardless of the jurisdiction in which the act was 2,501
committed; 2,502
(13) A plea of guilty to, or a judicial finding of guilt 2,505
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,506
CONVICTION FOR, a misdemeanor committed in the course of
practice; 2,507
(14) A plea of guilty to, or a judicial finding of guilt 2,510
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,511
CONVICTION FOR, a misdemeanor involving moral turpitude; 2,512
(15) Commission of an act IN THE COURSE OF PRACTICE that 2,514
58
constitutes a misdemeanor in this state, regardless of the 2,516
jurisdiction in which the act was committed, if the act was 2,517
committed in the course of practice;
(16) Commission of an act INVOLVING MORAL TURPITUDE that 2,519
constitutes a misdemeanor in this state, regardless of the 2,520
jurisdiction in which the act was committed, if the act involves 2,521
moral turpitude;
(17) Trafficking in drugs, or a A plea of guilty to or, a 2,524
judicial finding of guilt of, OR A JUDICIAL FINDING OF 2,525
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION FOR violating any 2,526
state or federal law regulating the possession, distribution, or 2,527
use of any drug, INCLUDING TRAFFICKING IN DRUGS; 2,528
(18) The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 2,531
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF PHYSICIAN
ASSISTANTS IN ANOTHER STATE, FOR ANY REASON OTHER THAN THE 2,532
NONPAYMENT OF FEES: THE limitation, revocation, or suspension by 2,533
another state of a AN INDIVIDUAL'S license, certificate, or 2,536
registration to practice issued by the proper licensing authority 2,537
of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE 2,538
SURRENDER; DENIAL OF A LICENSE; refusal to license, certify, 2,539
register, RENEW or reinstate an applicant by that authority, the 2,540
A LICENSE; imposition of probation by that authority,; or the 2,541
issuance of an order of censure or other reprimand by that 2,542
authority for any reason, other than nonpayment of fees; 2,543
(19) A departure from, or failure to conform to, minimal 2,546
standards of care of similar physician assistants under the same 2,547
or similar circumstances, regardless of whether actual injury to 2,548
a patient is established;
(20) Violation of the conditions placed by the board on a 2,551
certificate of registration, physician assistant utilization 2,552
plan, or supervision agreement;
(21) Violation of the conditions on which a temporary 2,555
certificate of registration is issued;
(22) Failure to use universal blood and body fluid 2,557
59
precautions established by rules adopted under section 4731.051 2,558
of the Revised Code; 2,559
(23) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 2,561
THE BOARD UNDER SECTION 4730.26 OF THE REVISED CODE, INCLUDING 2,563
FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR 2,564
FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT 2,565
A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE 2,566
TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS 2,567
FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 2,568
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 2,569
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 2,570
IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 2,572
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 2,574
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 2,575
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 2,576
CONSENT AGREEMENT WITH A PHYSICIAN ASSISTANT OR APPLICANT TO 2,577
RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE 2,578
ADOPTED UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN 2,579
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, 2,580
SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT 2,582
TO THE MATTER ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES 2,583
TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS 2,584
CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR 2,585
EFFECT.
(D) For purposes of divisions (B)(12), (15), and (16) of 2,587
this section, the commission of the act may be established by a 2,588
finding by the board, pursuant to an adjudication under Chapter 2,590
119. of the Revised Code, that the applicant or certificate 2,591
holder committed the act in question. The board shall have no
jurisdiction under these divisions in cases where the trial court 2,592
renders a final judgment in the certificate holder's favor and 2,593
that judgment is based upon an adjudication on the merits. The 2,594
board shall have jurisdiction under these divisions in cases 2,595
60
where the trial court issues an order of dismissal upon technical 2,596
or procedural grounds. 2,597
(E) The sealing of conviction records by any court shall 2,599
have no effect upon a prior board order entered under the 2,601
provisions of this section or upon the board's jurisdiction to 2,602
take action under the provisions of this section if a notice of 2,603
opportunity for hearing has been issued, based upon conviction, a 2,604
plea of guilty, or a judicial finding of guilt, OR A JUDICIAL 2,606
FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION, THE 2,608
BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING prior to the 2,609
court's order to seal the records. THE BOARD SHALL NOT BE 2,610
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 2,611
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 2,612
(D)(F) For purposes of this division, any individual who 2,615
holds a certificate of registration issued under this chapter, or 2,616
applies for a certificate of registration, shall be deemed to 2,617
have given consent to submit to a mental or physical examination 2,618
when directed to do so in writing by the board and to have waived 2,619
all objections to the admissibility of testimony or examination 2,620
reports that constitute a privileged communication. 2,621
(1) In enforcing division (B)(4) of this section, the 2,624
board, upon a showing of a possible violation, may compel any 2,625
individual who holds a certificate of registration issued under 2,626
this chapter or who has applied for a certificate of registration 2,627
pursuant to this chapter to submit to a mental or EXAMINATION, 2,628
physical examination, INCLUDING AN HIV TEST, or both, as required 2,629
by and at the expense of the board A MENTAL AND PHYSICAL 2,630
EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE 2,631
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. 2,632
Failure of any individual to submit to a mental or physical 2,634
examination when directed OR CONSENT TO AN HIV TEST ORDERED BY 2,635
THE BOARD constitutes an admission of the allegations against the 2,636
individual unless the failure is due to circumstances beyond the 2,637
individual's control, and a default and final order may be 2,638
61
entered without the taking of testimony or presentation of
evidence. If the board finds a physician assistant unable to 2,639
practice because of the reasons set forth in this division (B)(4) 2,641
OF THIS SECTION, the board shall require the physician assistant 2,642
to submit to care, counseling, or treatment by physicians 2,643
approved or designated by the board, as a condition for an 2,644
initial, continued, reinstated, or renewed certificate of 2,645
registration. An individual affected under this division shall 2,646
be afforded an opportunity to demonstrate to the board the 2,647
ability to resume practicing in compliance with acceptable and 2,648
prevailing standards of care.
(2) For purposes of division (B)(5) of this section, if 2,651
the board has reason to believe that any individual who holds a 2,652
certificate of registration issued under this chapter or any 2,653
applicant for a certificate of registration suffers such
impairment, the board may compel the individual to submit to a 2,654
mental or physical examination, or both. The EXPENSE OF THE 2,655
examination shall be at IS the expense RESPONSIBILITY of the 2,657
board INDIVIDUAL COMPELLED TO BE EXAMINED. Any mental or 2,658
physical examination required under this division shall be 2,660
undertaken by a treatment provider or physician qualified to 2,661
conduct such examination and chosen by the board. 2,662
Failure of the individual to submit to a mental or physical 2,665
examination ordered by the board constitutes an admission of the 2,667
allegations against the individual unless the failure is due to 2,668
circumstances beyond the individual's control, and a default and 2,669
final order may be entered without the taking of testimony or 2,670
presentation of evidence. If the board determines that the 2,671
individual's ability to practice is impaired, the board shall 2,672
suspend the individual's certificate or deny the individual's
application and shall require the individual, as a condition for 2,674
initial, continued, reinstated, or renewed licensure to practice, 2,675
to submit to treatment. 2,676
Before being eligible to apply for reinstatement of a 2,678
62
certificate suspended under this division, the physician 2,679
assistant shall demonstrate to the board the ability to resume 2,680
practice in compliance with acceptable and prevailing standards 2,681
of care. The demonstration shall include the following: 2,683
(a) Certification from a treatment provider approved under 2,686
section 4731.25 of the Revised Code that the individual has 2,687
successfully completed any required inpatient treatment; 2,688
(b) Evidence of continuing full compliance with an 2,691
aftercare contract or consent agreement;
(c) Two written reports indicating that the individual's 2,694
ability to practice has been assessed and that the individual has 2,695
been found capable of practicing according to acceptable and
prevailing standards of care. The reports shall be made by 2,696
individuals or providers approved by the board for making such 2,697
assessments and shall describe the basis for this THEIR 2,698
determination. 2,699
The board may reinstate a certificate suspended under this 2,702
division after such demonstration and after the individual has 2,703
entered into a written consent agreement.
When the impaired physician assistant resumes practice, the 2,706
board shall require continued monitoring of the physician
assistant, which. THE MONITORING shall include compliance with 2,708
the written consent agreement entered into before reinstatement 2,709
or with conditions imposed by board order after a hearing, and, 2,710
upon termination of the consent agreement, submission to the 2,711
board for at least two years of annual written progress reports 2,712
made under penalty of falsification stating whether the physician 2,713
assistant has maintained sobriety. 2,714
(E)(G) If the secretary and supervising member determine 2,717
that there is clear and convincing evidence that a physician 2,718
assistant has violated division (B) of this section and that the 2,719
individual's continued practice presents a danger of immediate 2,720
and serious harm to the public, they may recommend that the board 2,721
suspend the individual's certificate to practice without a prior 2,723
63
hearing. Written allegations shall be prepared for consideration 2,724
by the board members.
The board, upon review of those allegations and by a AN 2,726
AFFIRMATIVE vote of not fewer than six of its members, excluding 2,728
the secretary and supervising member, may suspend a certificate 2,729
without a prior hearing. A telephone conference call may be 2,730
utilized for reviewing the allegations and taking the vote ON THE 2,731
SUMMARY SUSPENSION. 2,732
The board shall issue a written order of suspension by 2,734
certified mail or in person in accordance with section 119.07 of 2,735
the Revised Code. The order shall not be subject to suspension 2,737
by the court during pendency of any appeal filed under section 2,738
119.12 of the Revised Code. If the physician assistant requests 2,739
an adjudicatory hearing by the board, the date set for the 2,740
hearing shall be within fifteen days, but not earlier than seven 2,741
days, after the physician assistant requests the hearing, unless 2,742
otherwise agreed to by both the board and the certificate holder. 2,743
A summary suspension imposed under this division shall 2,745
remain in effect, unless reversed on appeal, until a final 2,746
adjudicative order issued by the board pursuant to this section 2,747
and Chapter 119. of the Revised Code becomes effective. The 2,749
board shall issue its final adjudicative order within sixty days 2,750
after completion of its hearing. Failure to issue the order 2,751
within sixty days shall result in dissolution of the summary 2,752
suspension order, but shall not invalidate any subsequent, final 2,753
adjudicative order.
(F)(H) If the board should take TAKES action under 2,756
division (B)(11), (13), or (14) of this section, and the 2,757
conviction, judicial finding of guilt, or guilty plea, OR 2,759
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 2,760
CONVICTION is overturned on appeal, upon exhaustion of the 2,761
criminal appeal, a petition for reconsideration of the order may 2,762
be filed with the board along with appropriate court documents. 2,763
Upon receipt of a petition and supporting court documents, the 2,764
64
board shall reinstate the petitioner's certificate OF 2,765
REGISTRATION. The board may then hold an adjudication UNDER 2,766
CHAPTER 119. OF THE REVISED CODE to determine whether the 2,767
individual committed the act in question. Notice of opportunity 2,769
for hearing shall be given in accordance with Chapter 119. of the 2,770
Revised Code. If the board finds, pursuant to an adjudication 2,771
held under this division, that the individual committed the act, 2,772
or if no hearing is requested, it may order any of the sanctions 2,773
identified under division (B) of this section. 2,774
(G)(I) The certificate of registration of a physician 2,777
assistant and the physician assistant's practice in this state 2,778
are automatically suspended as of the date the physician 2,779
assistant pleads guilty to, is found by a judge or jury to be 2,780
guilty of, or is subject to a judicial finding of eligibility for 2,781
treatment in lieu of conviction for either ANY of the following: 2,782
(1) In this state, aggravated CRIMINAL OFFENSES IN THIS 2,784
STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER 2,785
JURISDICTION: AGGRAVATED murder, murder, voluntary manslaughter, 2,787
felonious assault, kidnapping, rape, sexual battery, gross sexual 2,788
imposition, aggravated arson, aggravated robbery, or aggravated 2,789
burglary;
(2) In another jurisdiction, any criminal offense 2,791
substantially equivalent to those specified in division (G)(1) of 2,792
this section. CONTINUED
Continued practice after the suspension shall be considered 2,797
practicing without a certificate. The 2,798
THE board shall notify the individual subject to the 2,801
suspension by certified mail or in person in accordance with
section 119.07 of the Revised Code. If an individual whose 2,802
certificate is suspended under this division fails to make a 2,803
timely request for an adjudicatory hearing ADJUDICATION UNDER 2,805
CHAPTER 119. OF THE REVISED CODE, the board shall enter a final 2,806
order PERMANENTLY revoking the INDIVIDUAL'S certificate OF 2,807
REGISTRATION. 2,808
65
(H)(J) In any instance in which the board is required by 2,811
Chapter 119. of the Revised Code to give notice of opportunity 2,813
for hearing and the applicant or certificate holder INDIVIDUAL 2,814
SUBJECT TO THE NOTICE does not timely request a hearing in
accordance with section 119.07 of the Revised Code, the board is 2,816
not required to hold a hearing, but may adopt, by a AN 2,817
AFFIRMATIVE vote of not fewer than six of its members, a final 2,819
order that contains the board's findings. In that final order, 2,820
the board may order any of the sanctions identified under 2,821
division (A) OR (B) of this section. 2,822
(I)(K) Any action taken by the board under division (B) of 2,825
this section resulting in a suspension shall be accompanied by a 2,826
written statement of the conditions under which the physician 2,827
assistant ASSISTANT'S CERTIFICATE may be reinstated. The board 2,828
shall adopt rules in accordance with Chapter 119. of the Revised 2,830
Code governing conditions to be imposed for reinstatement. 2,832
Reinstatement of a certificate suspended pursuant to division (B) 2,833
of this section requires an affirmative vote of not fewer than 2,834
six members of the board.
(J) An individual's failure to renew a certificate of 2,836
registration as a physician assistant shall have no effect on the 2,837
board's jurisdiction to take any action under this section 2,838
against the individual.
(K)(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF 2,841
REGISTRATION AS A PHYSICIAN ASSISTANT TO AN APPLICANT, REVOKES AN 2,843
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO ISSUE A 2,844
CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN 2,845
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY 2,846
THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A 2,847
PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER 2,848
INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS A PHYSICIAN 2,849
ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR 2,850
REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW 2,851
CERTIFICATE.
66
(M) Notwithstanding any other provision of the Revised 2,854
Code, ALL OF the FOLLOWING APPLY:
(1) THE surrender of a certificate of registration as a 2,857
physician assistant issued under this chapter is not effective 2,858
UNLESS OR until accepted by the board. Reinstatement of a 2,860
certificate surrendered to the board requires an affirmative vote 2,861
of not fewer than six members of the board.
Notwithstanding any other provision of the Revised Code, no 2,864
(2) AN application made under this chapter for a certificate of 2,865
registration, approval of a standard or supplemental utilization 2,866
plan, or approval of a supervision agreement may NOT be withdrawn 2,867
without approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 2,870
REGISTRATION IN ACCORDANCE WITH SECTION 4730.12 OF THE REVISED 2,871
CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE 2,872
DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL. 2,873
Sec. 4730.26. (A) The state medical board shall 2,883
investigate evidence that appears to show that any person has 2,884
violated this chapter or a rule adopted under it. Any person may 2,885
report to the board in a signed writing any information the
person has that appears to show a violation of any provision of 2,886
this chapter or rule adopted under it. In the absence of bad 2,887
faith, a person who reports such information or testifies before 2,888
the board in an adjudication hearing CONDUCTED UNDER CHAPTER 119. 2,889
OF THE REVISED CODE shall not be liable for civil damages as a 2,890
result of reporting the information or providing testimony. EACH 2,892
Each complaint or allegation of a violation received by the 2,895
board shall be assigned a case number and be recorded by the
board. Information received by the board pursuant to an 2,896
investigation is confidential and not subject to discovery in any 2,897
civil action. 2,898
(B) Investigations of alleged violations of this chapter 2,900
or rules adopted under it shall be supervised by the supervising 2,901
member elected by the board in accordance with section 4731.02 of 2,902
67
the Revised Code and by the secretary as provided in section 2,904
4730.33 of the Revised Code. The president may designate another 2,905
member of the board to supervise the investigation in place of 2,906
the supervising member. A member of the board who supervises the 2,907
investigation of a case shall not participate in further 2,908
adjudication of the case.
(C) In investigating a possible violation of this chapter 2,910
or a rule adopted under it, the board may administer oaths, order 2,911
the taking of depositions, issue subpoenas, and compel the 2,912
attendance of witnesses and production of books, accounts, 2,913
papers, records, documents, and testimony, except that a subpoena 2,914
for patient record information shall not be issued without 2,915
consultation with the attorney general's office and approval of 2,916
the secretary of the board, the AND supervising member, and a 2,917
member of the board who is authorized under Chapter 4731. of the 2,919
Revised Code to practice medicine and surgery, osteopathic 2,920
medicine and surgery, or podiatry. Before issuance of a subpoena 2,921
FOR PATIENT RECORD INFORMATION, the three board members SECRETARY 2,922
AND SUPERVISING MEMBER shall determine whether there is probable 2,923
cause to believe that the complaint filed alleges a violation of 2,924
this chapter or a rule adopted under it and that the records 2,925
sought are relevant to the alleged violation and material to the 2,926
investigation. The SUBPOENA MAY APPLY ONLY TO records must THAT 2,928
cover a reasonable period of time surrounding the alleged 2,929
violation. On
ON failure to comply with any subpoena issued by the board 2,932
and after reasonable notice to the person being subpoenaed, the 2,933
board may move for an order compelling the production of persons 2,934
or records pursuant to the Rules of Civil Procedure. Each 2,935
officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 2,937
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 2,938
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 2,940
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 2,941
68
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 2,942
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PHYSICIAN 2,943
ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED MAIL, 2,944
RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE SUBPOENA 2,945
SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR THE DATE 2,946
THE PERSON REFUSES TO ACCEPT DELIVERY. 2,947
A SHERIFF'S DEPUTY who serves such A subpoena shall receive 2,950
the same fees as a sheriff, and each. EACH witness who appears 2,951
before the board in obedience to a subpoena shall receive the 2,952
fees and mileage provided for witnesses in civil cases in the
courts of common pleas. 2,953
(D) All hearings and investigations of the board shall be 2,955
considered civil actions for the purposes of section 2305.251 of 2,956
the Revised Code. 2,957
(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 2,959
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 2,960
CIVIL ACTION. 2,961
The board shall conduct all investigations and proceedings 2,964
in such a manner as to protect patient THAT PROTECTS THE 2,965
confidentiality OF PATIENTS AND PERSONS WHO FILE COMPLAINTS WITH 2,967
THE BOARD. The board shall not make public THE names or ANY 2,968
other identifying information about patients OR COMPLAINANTS 2,969
unless proper consent is given or, IN THE CASE OF A PATIENT, a 2,970
waiver of the patient privilege exists under division (B) of 2,971
section 2317.02 of the Revised Code, except that consent or a 2,972
waiver is not required if the board possesses reliable and 2,973
substantial evidence that no bona fide physician-patient 2,975
relationship exists.
(B) THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES 2,978
PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND 2,979
PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND 2,980
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL 2,981
MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER 2,982
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING 2,983
69
ALLEGED CRIMINAL OFFENSES. A BOARD OR AGENCY THAT RECEIVES THE 2,984
INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING 2,985
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST 2,986
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED
CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE 2,987
BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS 2,988
POSSESSION. THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A 2,989
CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE 2,990
COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE 2,991
THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF 2,992
THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING 2,993
INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY 2,994
WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS 2,995
IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 2,997
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 2,998
(F) The state medical board shall develop requirements for 3,001
and provide appropriate initial and continuing training for 3,002
investigators employed by the board to carry out its duties under 3,003
this chapter. The training and continuing education may include 3,004
enrollment in courses operated or approved by the Ohio peace 3,005
officer training council that the board considers appropriate 3,006
under conditions set forth in section 109.79 of the Revised Code. 3,007
(C)(G) On a quarterly basis, the board shall prepare a 3,010
report that documents the disposition of all cases during the 3,011
preceding three months. The report shall contain the following 3,012
information for each case with which the board has completed its 3,013
activities:
(1) The case number assigned to the complaint or alleged 3,016
violation pursuant to division (A) of this section; 3,017
(2) The type of certificate to practice, if any, held by 3,020
the individual against whom the complaint is directed;
(3) A description of the allegations contained in the 3,022
complaint; 3,023
70
(4) The disposition of the case. 3,025
The report shall state how many cases are still pending, 3,027
and shall be prepared in such a manner as to protect THAT 3,028
PROTECTS the identity of each person involved in each case. The 3,030
report shall be submitted to the physician assistant policy 3,031
committee of the board and is a public record for purposes of 3,032
section 149.43 of the Revised Code. 3,033
Sec. 4730.27. If the state medical board has reason to 3,043
believe that any person who has been granted a certificate of
registration under this chapter is mentally ill or mentally 3,044
incompetent, it may file in the probate court of the county in 3,045
which such person has a legal residence an affidavit in the form 3,046
prescribed in section 5122.11 of the Revised Code and signed by 3,048
the board secretary or a member of the secretary's staff,
whereupon the same proceedings shall be had as provided in 3,049
Chapter 5122. of the Revised Code. The attorney general may 3,051
represent the board in any proceeding commenced under this 3,052
section.
If a physician assistant is adjudged by a probate court to 3,055
be mentally ill or mentally incompetent, the individual's 3,056
certificate of registration shall be automatically suspended 3,057
until the individual has filed with the board a certified copy of 3,058
an adjudication by a probate court of being restored to 3,059
competency or has submitted to the board proof, satisfactory to 3,060
the board, of having been discharged as being restored to 3,061
competency in the manner and form provided in section 5122.38 of 3,062
the Revised Code. The judge of the court shall immediately 3,064
notify the board of an adjudication of incompetence and note any 3,065
suspension of a certificate in the margin of the court's record 3,066
of the certificate. In the absence of fraud or bad faith, 3,067
neither the board nor any member, agent, representative, or 3,068
employee of the board shall be held liable in damages by any 3,069
person by reason of the filing of the affidavit referred to in 3,070
this section.
71
Sec. 4730.31. (A) As used in this section, "prosecutor" 3,080
has the same meaning as in section 2935.01 of the Revised Code. 3,081
(B) Whenever any person holding a valid certificate issued 3,084
pursuant to this chapter pleads guilty to or is convicted of, IS 3,085
SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A 3,086
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of 3,088
the Revised Code or of any substantively comparable ordinance of 3,089
a municipal corporation in connection with practicing as a 3,090
physician assistant, the prosecutor in the case shall, on forms 3,091
prescribed and provided by the state medical board, promptly 3,092
notify the board of the conviction. Within thirty days of 3,093
receipt of such information, the board shall initiate action in 3,094
accordance with Chapter 119. of the Revised Code to determine 3,096
whether to suspend or revoke the certificate under section 3,097
4730.31 of the Revised Code. 3,098
(C) The prosecutor in any case against any person holding 3,101
a valid certificate issued pursuant to this chapter shall, on 3,102
forms prescribed and provided by the state medical board, notify 3,103
the board of any of the following:
(1) A plea of guilty to, or a judicial finding of guilt 3,105
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,106
CONVICTION FOR a felony, or a case where the trial court issues 3,107
an order of dismissal upon technical or procedural grounds of a 3,108
felony charge; 3,109
(2) A plea of guilty to, or a judicial finding of guilt 3,111
of, OR JUDICIAL FINDING OR ELIGIBILITY FOR TREATMENT IN LIEU OF 3,112
CONVICTION FOR a misdemeanor committed in the course of practice, 3,113
or a case where the trial court issues an order of dismissal upon 3,114
technical or procedural grounds of a charge of a misdemeanor, if 3,115
the alleged act was committed in the course of practice; 3,116
(3) A plea of guilty to, or a judicial finding of guilt 3,118
of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,119
CONVICTION FOR a misdemeanor involving moral turpitude, or a case 3,120
72
where the trial court issues an order of dismissal upon technical 3,121
or procedural grounds of a charge of a misdemeanor involving 3,122
moral turpitude. 3,123
The report shall include the name and address of the 3,125
certificate holder, the nature of the offense for which the 3,126
action was taken, and the certified court documents recording the 3,127
action. 3,128
Sec. 4730.32. (A) Within sixty days after the completion 3,138
IMPOSITION of any formal disciplinary procedure ACTION taken by 3,139
any HEALTH CARE FACILITY, INCLUDING A hospital, HEALTH CARE 3,140
FACILITY OPERATED BY AN INSURING CORPORATION, AMBULATORY SURGICAL 3,141
CENTER, or other health care SIMILAR facility, against any person 3,142
INDIVIDUAL holding a valid certificate of registration as a 3,143
physician assistant, the chief administrator or executive officer 3,144
of the facility shall report to the state medical board the name 3,145
of the certificate holder INDIVIDUAL, the action taken by the 3,146
facility, and a summary of the underlying facts leading to the 3,147
action taken. Upon request, the board shall be provided 3,148
CERTIFIED copies of the patient records minus patient identifiers 3,149
which THAT were the basis for the facility's action. Prior to 3,150
release to the board, the summary shall be approved by the peer 3,151
review committee which THAT reviewed the case or by the governing 3,153
board of the facility.
The filing or nonfiling of a report with the board OR 3,155
DECISION NOT TO FILE A REPORT, investigation by the board, or any 3,156
disciplinary action taken by the board, shall DOES not preclude a 3,157
health care facility from taking disciplinary action against a 3,159
physician assistant.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 3,161
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 3,162
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 3,163
(B) Any A physician assistant, PROFESSIONAL ASSOCIATION OR 3,166
society of physician assistants, physician, or PROFESSIONAL 3,167
ASSOCIATION OR society of physicians that believes a violation of 3,168
73
any provision of this chapter, Chapter 4731. of the Revised Code, 3,170
or rule of the board has occurred shall report to the board the 3,172
information upon which the belief is based. This division does 3,173
not require any person or organization that is a treatment 3,174
provider approved by the board under section 4731.25 of the 3,175
Revised Code or any employee, agent, or representative of such a 3,176
provider to make reports with respect to a physician assistant 3,177
participating in treatment or aftercare so FOR SUBSTANCE ABUSE AS 3,179
long as the physician assistant maintains participation in 3,180
accordance with the requirements of section 4731.25 of the 3,181
Revised Code and the person TREATMENT PROVIDER or organization 3,182
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER has no reason 3,183
to believe that the physician assistant has violated any 3,184
provision of this chapter or rule adopted under it, other than 3,185
being impaired by alcohol, drugs, or other substances. This 3,186
division does not require reporting by any member of an impaired 3,187
practitioner committee established by a hospital HEALTH CARE 3,188
FACILITY or by any representative or agent of a committee or 3,189
program sponsored by a professional association OR SOCIETY of 3,191
physician assistants to provide peer assistance to physician 3,193
assistants with substance abuse problems with respect to a 3,194
physician assistant who has been referred for examination to a 3,195
treatment program approved by the board under section 4731.25 of 3,196
the Revised Code if the physician assistant cooperates with the 3,197
referral for examination and with any determination that the 3,198
physician assistant should enter treatment and so AS long as the 3,200
committee member, representative, or agent has no reason to 3,201
believe that the physician assistant has ceased to participate in 3,202
the treatment program in accordance with section 4731.25 of the 3,203
Revised Code or has violated any provision of this chapter or 3,204
rule adopted under it, other than being impaired by alcohol, 3,205
drugs, or other substances.
(C) Any professional ASSOCIATION OR society composed 3,207
primarily of physician assistants that suspends or revokes an 3,208
74
individual's membership in that society for violations of 3,209
professional ethics, or for reasons of professional incompetence 3,210
or professional malpractice, within sixty days after a final 3,211
decision, shall report to the board, on forms prescribed and 3,212
provided by the board, the name of the member INDIVIDUAL, the 3,213
action taken by the society PROFESSIONAL ORGANIZATION, and a 3,215
summary of the underlying facts leading to the action taken. 3,216
The filing or nonfiling of a report with the board, 3,218
investigation by the board, or any disciplinary action taken by 3,219
the board, shall not preclude a professional society ORGANIZATION 3,221
from taking disciplinary action against a physician assistant. 3,222
(D) Any insurer providing professional liability insurance 3,225
to any person holding a valid certificate of registration as a 3,226
physician assistant or any other entity that seeks to indemnify 3,227
the professional liability of a physician assistant shall notify 3,228
the board within thirty days after the final disposition of any 3,229
written claim for damages where such disposition results in a 3,230
payment exceeding twenty-five thousand dollars. The notice shall 3,231
contain the following information:
(1) The name and address of the person submitting the 3,233
notification; 3,234
(2) The name and address of the insured who is the subject 3,237
of the claim;
(3) The name of the person filing the written claim; 3,239
(4) The date of final disposition; 3,241
(5) If applicable, the identity of the court in which the 3,244
final disposition of the claim took place.
(E) On the basis of the reporting provisions in this 3,247
section, the THE board may investigate possible violations of
this chapter or the rules adopted under it. The board may also 3,248
investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF THE 3,249
REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD 3,251
SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES 3,252
repeated malpractice. As used in this division, "repeated 3,254
75
malpractice" means three or more claims for malpractice within 3,255
the previous five-year period, each resulting in a judgment or 3,257
settlement in excess of twenty-five thousand dollars in favor of 3,258
the claimant, and each involving negligent conduct by the 3,259
physician assistant.
(F) All summaries, reports, and records received and 3,262
maintained by the board pursuant to this section shall be held in 3,263
confidence and shall not be subject to discovery or introduction 3,264
in evidence in any federal or state civil action involving a 3,265
physician assistant, supervising physician, or health care
facility arising out of matters that are the subject of such THE 3,267
reporting to the board REQUIRED BY THIS SECTION. The board may 3,268
use the information obtained only as the basis for an 3,270
investigation, as evidence in a disciplinary hearing against a 3,271
physician assistant or supervising physician, or in any
subsequent trial or appeal of a board action or order. 3,273
The board may disclose the summaries and reports it 3,275
receives under this section only to health care facility 3,276
committees within or outside this state that are involved in 3,278
credentialing or recredentialing a physician assistant or 3,279
supervising physician or reviewing their privilege to practice 3,281
within a particular facility. The board shall indicate whether 3,282
or not the information has been verified. Information thus 3,283
transmitted by the board shall be subject to the same
confidentiality provisions as when maintained by the board. 3,284
(G) Except for reports filed by an individual pursuant to 3,287
division (B) of this section, THE BOARD SHALL SEND a copy of any 3,288
reports or summaries received by the board IT RECEIVES pursuant 3,289
to this section shall be sent to the physician assistant by the 3,290
board. The physician assistant shall have the right to file a 3,291
statement with the board concerning the correctness or relevance 3,292
of the information. Such THE statement shall at all times 3,293
accompany that part of the record in contention. 3,295
(H) A person, health care facility, association, society, 3,298
76
AN INDIVIDUAL or insurer ENTITY that reports to the board or 3,299
refers an impaired physician assistant to a treatment provider 3,300
approved by the board under section 4731.25 of the Revised Code 3,302
shall not be subject to suit for civil damages as a result of the 3,303
report, referral, or provision of the information. 3,304
(I) In the absence of fraud or bad faith, a professional 3,307
association OR SOCIETY of physician assistants that sponsors a 3,308
committee or program to provide peer assistance to a physician 3,309
assistant with substance abuse problems, a representative or 3,310
agent of such a committee or program, and a member of the state 3,311
medical board shall not be held liable in damages to any person 3,312
by reason of actions taken to refer a physician assistant to a 3,313
treatment provider approved under section 4731.25 of the Revised 3,315
Code for examination or treatment.
Sec. 4730.34. In the absence of fraud or bad faith, 3,325
neither the STATE MEDICAL board nor any, A current or former 3,327
BOARD member, AN agent OF THE BOARD, A PERSON FORMALLY REQUESTED 3,328
BY THE BOARD TO BE THE BOARD'S representative, or AN employee of 3,329
the board shall NOT be held liable in damages to any person as 3,331
the result of any act, omission, proceeding, conduct, or decision 3,332
related to official duties undertaken or performed pursuant to 3,333
this chapter. If a current or former member, agent, 3,334
representative, or employee ANY SUCH PERSON requests to be 3,335
defended by the state against any claim or action arising out of 3,337
any act, omission, proceeding, conduct, or decision related to 3,338
the person's official duties, and if the request is made in 3,339
writing at a reasonable time before trial and the person 3,340
requesting defense cooperates in good faith in the defense of the 3,341
claim or action, the state shall provide and pay for such THE 3,342
PERSON'S defense and shall pay any resulting judgment, 3,343
compromise, or settlement. At no time shall the state pay that 3,344
ANY part of a claim or judgment which THAT is for punitive or 3,345
exemplary damages. 3,346
Sec. 4731.08. Except as provided in sections 4731.29 and 3,355
77
4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15, 3,356
1998, IN SECTION 4731.295 OF THE REVISED CODE, each person who 3,357
desires to practice medicine and surgery or osteopathic medicine 3,359
and surgery in this state shall file with the secretary of the 3,361
state medical board a written application for admission to the
examination conducted by the board under section 4731.13 of the 3,362
Revised Code. The applicant shall file the application under 3,363
oath on a form prescribed by the board. The applicant shall 3,365
furnish evidence satisfactory to the board that he THE APPLICANT 3,366
is more than eighteen years of age and of good moral character. 3,367
Sec. 4731.13. Except as provided in sections 4731.29 and 3,376
4731.291 to 4731.294 of the Revised Code, AND UNTIL NOVEMBER 15, 3,377
1998, IN SECTION 4731.295 OF THE REVISED CODE, the state medical 3,378
board shall examine each individual who desires to practice 3,379
medicine and surgery or osteopathic medicine and surgery in this 3,380
state. The board shall conduct the examination of these 3,381
individuals in accordance with rules the board shall adopt. Each 3,382
individual shall be examined in such subjects as the board 3,383
requires. The board shall examine in subjects pertinent to 3,384
current medical educational standards. 3,385
The board may use as its examination all or part of a 3,387
standard medical licensing examination established for purposes 3,388
of determining the competence of individuals to practice medicine 3,389
and surgery or osteopathic medicine and surgery in the United 3,390
States. 3,391
Sec. 4731.142. (A) Except as provided in division (C)(B) 3,401
of this section, an individual must demonstrate proficiency in 3,402
spoken English to receive a certificate TO PRACTICE issued under 3,403
section 4731.14 of the Revised Code if the individual's 3,405
eligibility for the certificate is based in part on certification 3,407
from the educational commission for foreign medical graduates and 3,408
fulfillment of the undergraduate requirements established by 3,410
section 4731.09 of the Revised Code at an institution outside the 3,411
United States. The individual may demonstrate such proficiency 3,412
78
only by one of the following: 3,413
(1) Obtaining OBTAINING a score of fifty FORTY or higher 3,416
on the test of spoken English conducted by the educational 3,418
testing service; 3,419
(2) Obtaining a score of at least forty but less than 3,423
fifty on the test of spoken English conducted by the educational 3,425
testing service and being determined by the state medical board, 3,426
following an appearance before the board, to be able to 3,427
communicate adequately in spoken English for the practice of 3,428
medicine and surgery or osteopathic medicine and surgery. 3,429
(B) At an individual's request, the board shall afford the 3,432
individual subject to division (A)(2) of this section an 3,433
opportunity to appear before the board to demonstrate proficiency 3,434
in spoken English. The determination of whether the individual 3,435
is able to communicate adequately in spoken English shall be made 3,436
by vote of the majority of members present. The individual is 3,437
not entitled to appeal under Chapter 119. of the Revised Code a 3,438
determination by the board that the individual's ability to 3,439
communicate in spoken English is not adequate for the practice of 3,441
medicine and surgery or osteopathic medicine and surgery. 3,442
(C) An individual is not required to demonstrate 3,444
proficiency in spoken English in accordance with division (A) of 3,445
this section if the individual was required to demonstrate such 3,447
proficiency as a condition of certification from the educational 3,448
commission for foreign medical graduates. 3,449
Sec. 4731.15. (A)(1) The state medical board also shall 3,458
examine and register persons desiring to practice a limited 3,459
branch of medicine or surgery, and shall establish rules 3,460
governing such limited practice. Such REGULATE THE FOLLOWING 3,461
limited branches of medicine or surgery are: massage THERAPY and 3,463
cosmetic therapy, AND TO THE EXTENT SPECIFIED IN SECTION 4731.151 3,466
OF THE REVISED CODE, NAPRAPATHY AND MECHANOTHERAPY. THE BOARD
SHALL ADOPT RULES GOVERNING THE LIMITED BRANCHES OF MEDICINE 3,467
UNDER ITS JURISDICTION. THE RULES SHALL BE ADOPTED IN ACCORDANCE 3,468
79
WITH CHAPTER 119. OF THE REVISED CODE.
(2) As used in this chapter: 3,470
(a) "Approved electric modalities" means electric 3,472
modalities approved by the state medical board for use in 3,473
cosmetic therapy. 3,474
(b), "Cosmetic COSMETIC therapy" means the systematic 3,477
friction, stroking, slapping, and kneading or tapping to the 3,478
face, neck, scalp, or shoulders through the use of approved 3,479
electric modalities, and additionally may include the permanent 3,480
removal of hair from the human body through the use of approved 3,481
electric modalities APPROVED BY THE BOARD FOR USE IN COSMETIC 3,483
THERAPY, AND ADDITIONALLY MAY INCLUDE THE SYSTEMATIC FRICTION, 3,485
STROKING, SLAPPING, AND KNEADING OR TAPPING OF THE FACE, NECK, 3,486
SCALP, OR SHOULDERS.
(c) "Cosmetic therapist" means a person who holds a 3,488
certificate to practice cosmetic therapy issued by the state 3,489
medical board under this chapter and who is registered with the 3,490
board under this chapter. 3,491
(B) All persons who hold a certificate to practice a 3,493
limited branch of medicine or surgery issued by the state medical 3,494
board, whether residents of this state or not, shall on or before 3,495
the first day of June 1983, and on or before the first day of 3,496
June every second year thereafter OF EACH ODD-NUMBERED YEAR, 3,497
register with the state medical board on a form prescribed by the 3,499
board and shall pay at such time a biennial registration fee of 3,500
fifty dollars. At least one month in advance of the date of 3,502
registration, a written notice that the biennial registration fee 3,503
is due on or before the first day of June shall be sent to each 3,504
holder of a certificate to practice a limited branch of medicine 3,505
or surgery, at the person's last known address. All persons who 3,506
hold a certificate to practice a limited branch of medicine or 3,507
surgery issued by the state medical board shall provide the board 3,508
written notice of any change of address. A 3,509
A certificate to practice a limited branch of medicine or 3,512
80
surgery shall be automatically suspended if the fee is not paid 3,513
by the first day of September of the year it is due, and 3,514
continued. CONTINUED practice after the suspension of the 3,515
certificate to practice shall be considered as practicing without 3,516
a license in violation of sections 4731.34 and 4731.41 of the 3,517
Revised Code. An applicant for reinstatement of SUBJECT TO 3,518
SECTION 4731.222 OF THE REVISED CODE, THE BOARD SHALL REINSTATE a 3,519
certificate to practice suspended for failure to register shall 3,521
submit the applicant's current and delinquent registration fees 3,522
and a ON AN APPLICANT'S PAYMENT OF THE BIENNIAL REGISTRATION FEE 3,524
AND THE APPLICABLE MONETARY PENALTY. WITH REGARD TO
REINSTATEMENT OF A CERTIFICATE TO PRACTICE COSMETIC THERAPY, THE 3,525
APPLICANT ALSO SHALL SUBMIT WITH THE APPLICATION A CERTIFICATION 3,526
THAT THE NUMBER OF HOURS OF CONTINUING EDUCATION NECESSARY TO 3,527
HAVE A SUSPENDED CERTIFICATE REINSTATED HAVE BEEN COMPLETED, AS 3,528
SPECIFIED IN RULES THE BOARD SHALL ADOPT IN ACCORDANCE WITH 3,530
CHAPTER 119. OF THE REVISED CODE. THE penalty of FOR 3,533
REINSTATEMENT SHALL BE twenty-five dollars IF THE CERTIFICATE HAS 3,534
BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY DOLLARS IF THE 3,535
CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO YEARS. 3,536
Sec. 4731.151. (A) Notwithstanding the provisions of 3,545
section 4731.15 of the Revised Code specifying the types of 3,546
limited branches of medicine or surgery to be examined and 3,547
registered by the state medical board, naprapaths NAPRAPATHS who 3,548
received a certificate to practice from the board prior to March 3,549
2, 1992, may continue to practice naprapathy, as defined in rules 3,550
adopted by the board. Such naprapaths shall practice in 3,551
accordance with rules adopted by the board. 3,552
(B)(1) As used in this division: 3,554
(a) "Mechanotherapy" means all of the following: 3,556
(i) Examining patients by verbal inquiry; 3,558
(ii) Examination of the musculoskeletal system by hand; 3,560
(iii) Visual inspection and observation; 3,562
(iv) Diagnosing a patient's condition only as to whether 3,564
81
the patient has a disorder of the musculoskeletal system; 3,565
(v) In the treatment of patients, employing the techniques 3,567
of advised or supervised exercise; electrical neuromuscular 3,568
stimulation; massage or manipulation; or air, water, heat, cold, 3,569
sound, or infrared ray therapy only to those disorders of the 3,570
musculoskeletal system that are amenable to treatment by such 3,571
techniques and that are identifiable by examination performed in 3,572
accordance with division (B)(1)(a)(i) of this section and 3,573
diagnosable in accordance with division (B)(1)(a)(ii) of this 3,574
section. 3,575
(b) "Educational requirements" means the completion of a 3,577
course of study appropriate for certification to practice 3,578
mechanotherapy on or before November 3, 1985, as determined by 3,579
rules adopted under this chapter. 3,580
(2) Notwithstanding the provisions of section 4731.15 of 3,582
the Revised Code specifying the types of limited branches of 3,583
medicine or surgery to be examined and registered by the board, 3,584
mechanotherapists MECHANOTHERAPISTS who received a certificate to 3,585
practice from the board prior to March 2, 1992, may continue to 3,586
practice mechanotherapy, as defined in rules adopted by the 3,587
board. Such mechanotherapists shall practice in accordance with 3,588
rules adopted by the board. 3,589
A person authorized by this division to practice as a 3,591
mechanotherapist may examine, diagnose, and assume responsibility 3,592
for the care of patients with due regard for first aid and the 3,593
hygienic and nutritional care of the patients. Roentgen rays 3,594
shall be used by a mechanotherapist only for diagnostic purposes. 3,595
(3) A person who holds a certificate to practice 3,597
mechanotherapy and completed educational requirements in 3,598
mechanotherapy on or before November 3, 1985, is entitled to use 3,599
the title "doctor of mechanotherapy" and is a "physician" who 3,600
performs "medical services" for the purposes of Chapters 4121. 3,601
and 4123. of the Revised Code and the program established under 3,602
section 5111.01 of the Revised Code, and shall receive payment or 3,603
82
reimbursement as provided under those chapters and that section. 3,604
(C) Rules adopted under this section shall be adopted in 3,606
accordance with Chapter 119. of the Revised Code. 3,607
Sec. 4731.16. The examination STATE MEDICAL BOARD SHALL 3,616
CONDUCT EXAMINATIONS of all applicants for certification to 3,617
practice a THE limited branch BRANCHES of medicine or surgery OF 3,619
MASSAGE THERAPY AND COSMETIC THERAPY. THE EXAMINATIONS shall be 3,620
conducted under rules prescribed ADOPTED by the state medical 3,621
board and at such times and places as the board may determine. 3,623
Such THE FEE FOR EITHER EXAMINATION IS TWO HUNDRED FIFTY DOLLARS. 3,624
FOR THE PURPOSE OF CONDUCTING EXAMINATIONS, THE BOARD MAY 3,627
CALL TO ITS AID ANY PERSON OF ESTABLISHED REPUTATION AND KNOWN 3,628
ABILITY IN THE LIMITED BRANCH OF MEDICINE FOR WHICH THE
EXAMINATION IS BEING HELD. A PERSON CALLED TO ASSIST IN AN 3,629
EXAMINATION SHALL BE REIMBURSED FOR THE PERSON'S SERVICES. 3,630
REIMBURSEMENT SHALL BE NOT MORE THAN ONE HUNDRED DOLLARS PER DAY 3,631
AND AN AMOUNT FIXED AND ALLOWED BY THE BOARD FOR THE PERSON'S 3,632
ACTUAL AND NECESSARY EXPENSES. 3,633
EACH examination shall be given in anatomy, physiology, 3,636
chemistry, bacteriology, pathology, hygiene, diagnosis, and in 3,637
such ANY other subjects appropriate to the limited branches 3,639
BRANCH of medicine or surgery for which certification is 3,641
requested as the board may require. Applicants, EXCEPT THAT 3,642
APPLICANTS for certificates to practice massage or Swedish 3,643
movement THERAPY shall not be examined in pathology and 3,644
diagnosis.
IF AN APPLICANT FAILS AN EXAMINATION MORE THAN TWICE, IN 3,647
WHOLE OR IN PART, THE BOARD MAY REQUIRE THAT THE APPLICANT OBTAIN 3,648
ADDITIONAL TRAINING AS A CONDITION OF BEING ELIGIBLE FOR FURTHER 3,649
EXAMINATION.
Sec. 4731.17. For the purpose of conducting examinations 3,658
provided for in sections 4731.15 and 4731.16 of the Revised Code, 3,659
the state medical board shall call to its aid any person of 3,660
established reputation and known ability in the particular 3,661
83
limited branch in which the examination is being held. Any 3,662
person called by the board to its aid, as provided in this 3,663
section, shall be reimbursed for the person's services not more 3,665
than one hundred dollars per day and the person's actual and 3,666
necessary expenses to be fixed and allowed by the board.
If the AN applicant passes such THE examination TO PRACTICE 3,669
MASSAGE THERAPY OR COSMETIC THERAPY CONDUCTED UNDER SECTION
4731.16 OF THE REVISED CODE and has paid the fee of two hundred 3,671
fifty dollars REQUIRED UNDER THAT SECTION, the STATE MEDICAL 3,672
board shall issue its TO THE APPLICANT THE APPROPRIATE 3,673
certificate to that effect PRACTICE. Such certificate shall 3,674
authorize the holder thereof to practice such THE limited branch 3,676
of medicine or surgery as may be specified therein, but shall not 3,678
permit the holder to practice any other LIMITED branch of 3,679
medicine or surgery, nor shall it permit the holder to treat 3,681
infectious, contagious, or venereal diseases, or to prescribe or 3,682
administer drugs, or to perform surgery OR PRACTICE MEDICINE IN 3,683
ANY OTHER FORM.
Sec. 4731.18. The state medical board may dispense with 3,692
the examination of applicants for limited certificates to 3,693
practice a THE limited branch BRANCHES of medicine or surgery 3,695
upon OF MASSAGE THERAPY AND COSMETIC THERAPY IN the same
reciprocal conditions with respect to such limited branches as 3,696
are provided in MANNER THAT CERTIFICATES ARE ISSUED UNDER section 3,698
4731.29 of the Revised Code with respect to physicians and 3,699
surgeons generally TO INDIVIDUALS TO PRACTICE MEDICINE AND 3,700
SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY. In such cases the
state medical THE board shall MAY recognize ANY national 3,702
examining boards of the appropriate limited branches of medicine. 3,704
Sec. 4731.19. The state medical board shall determine the 3,713
standing of the schools, colleges, or institutions giving 3,715
instruction in THE limited branches of medicine or surgery OF 3,716
MASSAGE THERAPY AND COSMETIC THERAPY. If there shall at any time 3,717
be such schools, colleges, or institutions giving instruction in 3,719
84
such limited branches, the applicant for a certificate to 3,721
practice a limited branch of medicine or surgery shall, as a 3,722
condition of admission to the examination, produce a diploma or 3,723
certificate from a school, college, or institution in good 3,725
standing as determined by the board, showing the completion of 3,727
the required courses of instruction. 3,728
The entrance examiner of the board shall determine the 3,730
sufficiency of the preliminary education of applicants for such 3,731
limited certificate as is provided in A CERTIFICATE TO PRACTICE 3,732
MASSAGE THERAPY OR COSMETIC THERAPY IN THE SAME MANNER THAT 3,733
SUFFICIENCY OF PRELIMINARY EDUCATION IS DETERMINED UNDER section 3,735
4731.09 of the Revised Code. The, EXCEPT THAT THE board may 3,736
adopt rules defining and establishing for any THE limited branch 3,737
of medicine or surgery such preliminary educational requirements, 3,738
THAT ARE less exacting than those prescribed by such section, as 3,739
the nature of the case may require. 3,740
Sec. 4731.20. Sections 4731.07, 4731.08, and 4731.14 to 3,749
4731.26 of the Revised Code shall govern THE POWERS AND DUTIES 3,750
CONFERRED BY THIS CHAPTER ON the state medical board, INCLUDING 3,751
all of the BOARD'S officers mentioned therein, and the applicants 3,752
for and recipients of limited certificates to practice a limited 3,753
branch of medicine or surgery. In addition to FOR PURPOSES OF 3,755
REGULATING THE PRACTICES OF MEDICINE AND SURGERY, OSTEOPATHIC 3,756
MEDICINE AND SURGERY, AND PODIATRY, SHALL APPLY IN THE SAME
MANNER, WITH ANY MODIFICATIONS THE BOARD CONSIDERS NECESSARY, FOR 3,757
PURPOSES OF REGULATING THE PRACTICES OF LIMITED BRANCHES OF 3,758
MEDICINE, INCLUDING the power of the board to revoke and suspend 3,760
certificates provided for in TAKE DISCIPLINARY ACTIONS UNDER 3,761
section 2301.373 or 4731.22 of the Revised Code it may also 3,762
revoke or suspend the certificate of any one to whom a limited 3,763
certificate has been issued upon proof of violation of the rules 3,764
established by the board governing such limited practice. 3,765
Sec. 4731.22. (A) The state medical board, pursuant to an 3,774
adjudication under Chapter 119. of the Revised Code and by a AN 3,776
85
AFFIRMATIVE vote of not fewer than six of its members, may revoke 3,777
or may refuse to grant a certificate to a person found by the 3,778
board to have committed fraud in passing DURING THE 3,779
ADMINISTRATION OF the examination FOR A CERTIFICATE TO PRACTICE 3,780
or to have committed fraud, misrepresentation, or deception in 3,781
applying for or securing any license or certificate TO PRACTICE 3,782
OR CERTIFICATE OF REGISTRATION issued by the board. 3,783
(B) The board, pursuant to an adjudication under Chapter 3,786
119. of the Revised Code and by a AN AFFIRMATIVE vote of not 3,787
fewer than six members, shall, to the extent permitted by law, 3,788
limit, revoke, or suspend a AN INDIVIDUAL'S certificate TO 3,789
PRACTICE, refuse to register or AN INDIVIDUAL, refuse to 3,791
reinstate an applicant A CERTIFICATE, or reprimand or place on 3,792
probation the holder of a certificate for one or more of the 3,794
following reasons:
(1) Permitting one's name or one's CERTIFICATE TO PRACTICE 3,796
OR certificate of registration to be used by a person, group, or 3,798
corporation when the individual concerned is not actually 3,799
directing the treatment given; 3,800
(2) Failure to use reasonable care discrimination in 3,802
MAINTAIN MINIMAL STANDARDS APPLICABLE TO the SELECTION OR 3,804
administration of drugs, or failure to employ acceptable
scientific methods in the selection of drugs or other modalities 3,805
for treatment of disease; 3,806
(3) Selling, giving away, personally furnishing, 3,808
prescribing, or administering drugs for other than legal and 3,809
legitimate therapeutic purposes or a plea of guilty to, or a 3,811
judicial finding of guilt of, OR A JUDICIAL FINDING OF 3,812
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION OF, a violation 3,814
of any federal or state law regulating the possession,
distribution, or use of any drug; 3,815
(4) Willfully betraying a professional confidence. For 3,817
FOR purposes of this division, "willfully betraying a 3,819
professional confidence" does not include the making of a report 3,820
86
of an employee's use of a drug of abuse, or a report of a 3,821
condition of an employee other than one involving the use of a 3,822
drug of abuse, to the employer of the employee as described in 3,823
division (B) of section 2305.33 of the Revised Code, and nothing. 3,824
NOTHING in this division affects the immunity from civil 3,827
liability conferred by that section upon a physician who makes 3,828
either type of report in accordance with division (B) of that 3,829
section. As used in this division, "employee," "employer," and 3,830
"physician" have the same meanings as in section 2305.33 of the 3,831
Revised Code.
(5) Soliciting patients or publishing MAKING a false, 3,833
fraudulent, deceptive, or misleading statement IN THE 3,836
SOLICITATION OF OR ADVERTISING FOR PATIENTS; IN RELATION TO THE 3,838
PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND 3,839
SURGERY, PODIATRY, OR A LIMITED BRANCH OF MEDICINE; OR IN 3,840
SECURING OR ATTEMPTING TO SECURE ANY CERTIFICATE TO PRACTICE OR 3,841
CERTIFICATE OF REGISTRATION ISSUED BY THE BOARD.
As used in this division, "false, fraudulent, deceptive, or 3,843
misleading statement" means a statement that includes a 3,844
misrepresentation of fact, is likely to mislead or deceive 3,845
because of a failure to disclose material facts, is intended or 3,846
is likely to create false or unjustified expectations of 3,847
favorable results, or includes representations or implications 3,848
that in reasonable probability will cause an ordinarily prudent 3,849
person to misunderstand or be deceived. 3,850
(6) A departure from, or the failure to conform to, 3,852
minimal standards of care of similar practitioners under the same 3,853
or similar circumstances, whether or not actual injury to a 3,854
patient is established; 3,855
(7) Representing, with the purpose of obtaining 3,857
compensation or other advantage for self AS PERSONAL GAIN or for 3,858
any other person, that an incurable disease or injury, or other 3,860
incurable condition, can be permanently cured; 3,861
(8) The obtaining of, or attempting to obtain, money or 3,863
87
anything of value by fraudulent misrepresentations in the course 3,864
of practice; 3,865
(9) A plea of guilty to, or a judicial finding of guilt 3,867
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,868
CONVICTION FOR, a felony; 3,869
(10) Commission of an act that constitutes a felony in 3,871
this state, regardless of the jurisdiction in which the act was 3,872
committed; 3,873
(11) A plea of guilty to, or a judicial finding of guilt 3,875
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,876
CONVICTION FOR, a misdemeanor committed in the course of 3,877
practice;
(12) Commission of an act IN THE COURSE OF PRACTICE that 3,879
constitutes a misdemeanor in this state, regardless of the 3,881
jurisdiction in which the act was committed, if the act was 3,882
committed in the course of practice;
(13) A plea of guilty to, or a judicial finding of guilt 3,884
of, OR A JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF 3,885
CONVICTION FOR, a misdemeanor involving moral turpitude; 3,886
(14) Commission of an act INVOLVING MORAL TURPITUDE that 3,888
constitutes a misdemeanor in this state, regardless of the 3,890
jurisdiction in which the act was committed, if the act involves 3,891
moral turpitude;
(15) Violation of the conditions of limitation placed by 3,893
the board upon a certificate to practice or violation of the 3,894
conditions of limitation upon which a limited or temporary 3,895
registration or certificate to practice is issued; 3,896
(16) Failure to pay license renewal fees specified in this 3,898
chapter; 3,899
(17) Engaging in the division of fees for referral of 3,902
patients, or the receiving of a thing of value in return for a 3,904
specific referral of a patient to utilize a particular service or 3,905
business;
(18)(a) Subject to section 4731.226 of the Revised Code, 3,907
88
violation of any provision of a code of ethics of the American 3,909
medical association, the American osteopathic association, the 3,910
American podiatric medical association, or any other national 3,911
professional organizations as are determined, THAT THE BOARD 3,912
SPECIFIES by rule, by the state medical board. The state medical 3,913
board shall obtain and keep on file current copies of the codes 3,914
of ethics of the various national professional organizations. 3,915
The practitioner INDIVIDUAL whose certificate is being suspended 3,916
or revoked shall not be found to have violated any provision of a 3,918
code of ethics of an organization not appropriate to the 3,919
practitioner's INDIVIDUAL'S profession. 3,920
(b) For purposes of this division, a "provision of a code 3,922
of ethics of a national professional organization" does not 3,923
include any provision of a code of ethics of a specified national 3,924
professional organization that would preclude the making of a 3,925
report by a physician of an employee's use of a drug of abuse, or 3,926
of a condition of an employee other than one involving the use of 3,927
a drug of abuse, to the employer of the employee as described in 3,928
division (B) of section 2305.33 of the Revised Code, and nothing. 3,930
NOTHING in this division affects the immunity from civil 3,932
liability conferred by that section upon a physician who makes 3,933
either type of report in accordance with division (B) of that 3,934
section. As used in this division, "employee," "employer," and 3,935
"physician" have the same meanings as in section 2305.33 of the 3,936
Revised Code.
(19) Inability to practice according to acceptable and 3,938
prevailing standards of care by reason of mental illness or 3,939
physical illness, including, but not limited to, physical 3,940
deterioration that adversely affects cognitive, motor, or 3,941
perceptive skills. In 3,942
IN enforcing this division, the board, upon a showing of a 3,945
possible violation, may compel any individual licensed or 3,946
certified AUTHORIZED to practice by this chapter or who has 3,947
applied for licensure or certification SUBMITTED AN APPLICATION 3,948
89
pursuant to this chapter to submit to a mental or EXAMINATION, 3,950
physical examination, INCLUDING AN HIV TEST, or both, as required 3,952
by and at the expense of the board A MENTAL AND A PHYSICAL
EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE 3,954
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. 3,955
Failure of any individual to submit to a mental or physical 3,956
examination when directed OR CONSENT TO AN HIV TEST ORDERED BY 3,957
THE BOARD constitutes an admission of the allegations against the 3,958
individual unless the failure is due to circumstances beyond the 3,960
individual's control, and a default and final order may be 3,961
entered without the taking of testimony or presentation of 3,962
evidence. If the board finds a physician AN INDIVIDUAL unable to 3,963
practice because of the reasons set forth in this division, the 3,965
board shall require the physician INDIVIDUAL to submit to care, 3,967
counseling, or treatment by physicians approved or designated by 3,968
the board, as a condition for initial, continued, reinstated, or 3,969
renewed licensure AUTHORITY to practice. An individual licensed 3,971
by this chapter affected under this division shall be afforded an 3,972
opportunity to demonstrate to the board that the individual can 3,973
THE ABILITY TO resume practice in compliance with acceptable and 3,974
prevailing standards under the provisions of the individual's 3,975
certificate. For the purpose of this division, any individual 3,977
licensed or certified WHO APPLIES FOR OR RECEIVES A CERTIFICATE 3,978
to practice by UNDER this chapter accepts the privilege of 3,979
practicing in this state and, by so doing or by the making and 3,981
filing of a registration or application to practice in this 3,982
state, shall be deemed to have given consent to submit to a 3,983
mental or physical examination when directed to do so in writing 3,984
by the board, and to have waived all objections to the 3,985
admissibility of testimony or examination reports that constitute 3,986
a privileged communication. 3,987
(20) Except as provided in division (B)(27) of this 3,989
section and WHEN CIVIL PENALTIES ARE IMPOSED UNDER section 3,990
4731.225 OR 4731.281 of the Revised Code, and subject to section 3,991
90
4731.226 of the Revised Code, violating or attempting to violate, 3,993
directly or indirectly, or assisting in or abetting the violation 3,994
of, or conspiring to violate, any provisions of this chapter or 3,995
any rule promulgated by the board. This 3,996
THIS division does not apply to a violation or attempted 3,998
violation of, assisting in or abetting the violation of, or a 3,999
conspiracy to violate, any provision of this chapter or any rule 4,000
promulgated ADOPTED by the board that would preclude the making 4,001
of a report by a physician of an employee's use of a drug of 4,003
abuse, or of a condition of an employee other than one involving 4,004
the use of a drug of abuse, to the employer of the employee as 4,005
described in division (B) of section 2305.33 of the Revised Code, 4,006
and nothing. NOTHING in this division affects the immunity from 4,009
civil liability conferred by that section upon a physician who 4,010
makes either type of report in accordance with division (B) of 4,011
that section. As used in this division, "employee," "employer," 4,012
and "physician" have the same meanings as in section 2305.33 of 4,013
the Revised Code.
(21) The violation of any abortion rule adopted by the 4,015
public health council pursuant to section 3701.341 of the Revised 4,016
Code; 4,017
(22) The ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 4,020
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF MEDICINE AND 4,021
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, PODIATRY, OR THE 4,022
LIMITED BRANCHES OF MEDICINE IN ANOTHER STATE, FOR ANY REASON 4,023
OTHER THAN THE NONPAYMENT OF FEES: THE limitation, revocation, 4,025
or suspension by another state of a AN INDIVIDUAL'S license or 4,026
certificate to practice issued by the proper licensing authority 4,028
of that state, the; ACCEPTANCE OF AN INDIVIDUAL'S LICENSE 4,029
SURRENDER; DENIAL OF A LICENSE; refusal to license, register, 4,031
RENEW or reinstate an applicant by that authority, the A LICENSE; 4,033
imposition of probation by that authority,; or the issuance of an 4,035
order of censure or other reprimand by that authority for any 4,036
reason, other than nonpayment of fees; 4,037
91
(23) The violation of section 2919.12 of the Revised Code 4,039
or the performance or inducement of an abortion upon a pregnant 4,040
woman with actual knowledge that the conditions specified in 4,041
division (B) of section 2317.56 of the Revised Code have not been 4,042
satisfied or with a heedless indifference as to whether those 4,043
conditions have been satisfied, unless an affirmative defense as 4,044
specified in division (H)(2) of that section would apply in a 4,045
civil action authorized by division (H)(1) of that section; 4,046
(24) The revocation, suspension, restriction, reduction, 4,048
or termination of clinical privileges by the UNITED STATES 4,050
department of defense, or the DEPARTMENT OF veterans 4,051
administration of the United States, for any act or acts that 4,053
also would constitute a violation of this chapter AFFAIRS OR THE 4,055
TERMINATION OR SUSPENSION OF A CERTIFICATE OF REGISTRATION TO 4,056
PRESCRIBE DRUGS BY THE DRUG ENFORCEMENT ADMINISTRATION OF THE 4,057
UNITED STATES DEPARTMENT OF JUSTICE; 4,058
(25) Termination or suspension from PARTICIPATION IN THE 4,060
medicare or medicaid programs by the department of health and 4,062
human services or other responsible agency for any act or acts 4,063
that also would constitute a violation of division (B)(2), (3), 4,064
(6), (8), or (19) of this section; 4,065
(26) Impairment of ability to practice according to 4,067
acceptable and prevailing standards of care because of habitual 4,068
or excessive use or abuse of drugs, alcohol, or other substances 4,069
that impair ability to practice. 4,070
For the purposes of this division, any individual licensed 4,072
or certified under AUTHORIZED TO PRACTICE BY this chapter accepts 4,073
the privilege of practicing in this state subject to supervision 4,075
by the board. By filing a registration or AN application for 4,076
licensure or by holding a license or certificate TO PRACTICE 4,078
under this chapter, an individual shall be deemed to have given 4,080
consent to submit to a mental or physical examination when 4,081
ordered to do so by the board in writing, and to have waived all 4,082
objections to the admissibility of testimony or examination 4,083
92
reports that constitute privileged communications. 4,084
If it has reason to believe that any individual licensed or 4,086
certified under AUTHORIZED TO PRACTICE BY this chapter or any 4,087
applicant for a license or certification TO PRACTICE suffers such 4,089
impairment, the board may compel the individual to submit to a 4,091
mental or physical examination, or both. The EXPENSE OF THE 4,092
examination shall be at IS the expense RESPONSIBILITY of the 4,093
board INDIVIDUAL COMPELLED TO BE EXAMINED. Any mental or 4,095
physical examination required under this division shall be 4,096
undertaken by a treatment provider or physician who is qualified
to conduct the examination and who is chosen by the board. 4,098
Failure of the individual to submit to a mental or physical 4,100
examination ordered by the board constitutes an admission of the 4,101
allegations against the individual unless the failure is due to 4,102
circumstances beyond the individual's control, and a default and 4,103
final order may be entered without the taking of testimony or 4,104
presentation of evidence. If the board determines that the 4,105
individual's ability to practice is impaired, the board shall 4,106
suspend the individual's certificate or deny the individual's 4,108
application and shall require the individual, as a condition for 4,109
initial, continued, reinstated, or renewed licensure 4,110
CERTIFICATION to practice, to submit to treatment. 4,112
Before being eligible to apply for reinstatement of a 4,114
license CERTIFICATE suspended under this division, the IMPAIRED 4,116
practitioner shall demonstrate to the board that the practitioner 4,117
can ABILITY TO resume practice in compliance with acceptable and 4,119
prevailing standards of care under the provisions of the 4,120
practitioner's certificate. The demonstration shall include, but 4,122
shall not be limited to, the following:
(a) Certification from a treatment provider approved under 4,124
section 4731.25 of the Revised Code that the practitioner 4,125
INDIVIDUAL has successfully completed any required inpatient 4,127
treatment;
(b) Evidence of continuing full compliance with an 4,129
93
aftercare contract or consent agreement; 4,130
(c) Two written reports indicating that the individual's 4,132
ability to practice has been assessed and that the individual has 4,133
been found capable of practicing according to acceptable and 4,134
prevailing standards of care. The reports shall be made by 4,135
individuals or providers approved by the board for making the 4,136
assessments and shall describe the basis for this THEIR 4,137
determination.
The board may reinstate a license CERTIFICATE suspended 4,139
under this division after that demonstration and after the 4,141
individual has entered into a written consent agreement. 4,142
When the impaired practitioner resumes practice after 4,144
reinstatement of the practitioner's license, the board shall 4,145
require continued monitoring of the practitioner, which 4,147
INDIVIDUAL. THE MONITORING shall include, but not be limited to, 4,149
compliance with the written consent agreement entered into before 4,150
reinstatement or with conditions imposed by board order after a 4,151
hearing, and, upon termination of the consent agreement, 4,152
submission to the board for at least two years of annual written 4,153
progress reports made under penalty of perjury stating whether 4,154
the practitioner INDIVIDUAL has maintained sobriety. 4,155
(27) A second or subsequent violation of section 4731.66 4,157
or 4731.69 of the Revised Code; 4,158
(28) Except as provided in division (J)(N) of this 4,160
section:
(a) Waiving the payment of all or any part of a deductible 4,163
or copayment that a patient, pursuant to a health insurance or 4,164
health care policy, contract, or plan that covers the 4,165
practitioner's INDIVIDUAL'S services, otherwise would be required 4,166
to pay if the waiver is used as an enticement to a patient or 4,167
group of patients to receive health care services from that 4,168
provider INDIVIDUAL; 4,169
(b) Advertising that the practitioner INDIVIDUAL will 4,171
waive the payment of all or any part of a deductible or copayment 4,173
94
that a patient, pursuant to a health insurance or health care 4,174
policy, contract, or plan that covers the practitioner's 4,175
INDIVIDUAL'S services, otherwise would be required to pay. 4,177
(29) Failure to use universal blood and body fluid 4,179
precautions established by rules adopted under section 4731.051 4,180
of the Revised Code; 4,181
(30) Failure of a collaborating physician to perform the 4,184
responsibilities agreed to by the physician in the protocol 4,185
established between the physician and an advanced practice nurse 4,186
in accordance with section 4723.56 of the Revised Code; 4,187
(31) Failure to provide notice to, and receive 4,189
acknowledgment of the notice from, a patient when required by 4,191
section 4731.143 of the Revised Code prior to providing 4,192
nonemergency professional services, or failure to maintain that 4,193
notice in the patient's file;
(32) Failure of a physician supervising a physician 4,195
assistant to maintain supervision in accordance with the 4,196
requirements of Chapter 4730. of the Revised Code and the rules 4,197
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 4,199
standard care arrangement with a clinical nurse specialist, 4,200
certified nurse-midwife, or certified nurse practitioner with 4,201
whom the physician or podiatrist is in collaboration pursuant to 4,202
section 4731.27 of the Revised Code and practice in accordance 4,203
with the arrangement;
(34) Failure to comply with the terms of a consult 4,205
agreement entered into with a pharmacist pursuant to section 4,206
4729.39 of the Revised Code; 4,207
(35) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 4,209
THE BOARD UNDER DIVISION (F) OF THIS SECTION, INCLUDING FAILURE 4,211
TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR FAILURE 4,212
TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT A 4,213
DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE TO 4,214
COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS FOR 4,215
95
DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 4,216
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 4,217
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 4,218
IN ISSUE.
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 4,220
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 4,221
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 4,222
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 4,223
CONSENT AGREEMENT WITH AN INDIVIDUAL TO RESOLVE AN ALLEGATION OF 4,224
A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED UNDER IT. A 4,225
CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE VOTE OF NOT 4,226
FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE THE 4,227
FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 4,228
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 4,229
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 4,230
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 4,231
(D) For purposes of divisions (B)(10), (12), and (14) of 4,233
this section, the commission of the act may be established by a 4,234
finding by the board, pursuant to an adjudication under Chapter 4,236
119. of the Revised Code, that the applicant or certificate 4,237
holder INDIVIDUAL committed the act. The board does not have 4,238
jurisdiction under those divisions if the trial court renders a 4,239
final judgment in the certificate holder's INDIVIDUAL'S favor and 4,240
that judgment is based upon an adjudication on the merits. The 4,242
board has jurisdiction under those divisions if the trial court 4,243
issues an order of dismissal upon technical or procedural 4,244
grounds.
(E) The sealing of conviction records BY ANY COURT shall 4,246
have no effect upon a prior board order entered under this 4,247
section or upon the board's jurisdiction to take action under 4,248
this section if a notice of an opportunity for a hearing has been 4,250
issued, based upon a conviction, plea of guilty, or A judicial 4,252
finding of guilt prior to the court order, OR A JUDICIAL FINDING 4,253
OF ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION, THE BOARD 4,254
96
ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO THE COURT'S 4,255
ORDER TO SEAL THE RECORDS. THE BOARD SHALL NOT BE REQUIRED TO 4,256
SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT 4,257
THE COURT'S SEALING OF CONVICTION RECORDS. 4,258
(C)(F)(1) The board shall investigate evidence that 4,260
appears to show that any A person has violated any provision of 4,261
this chapter or any rule adopted under it. Any person may report 4,262
to the board in a signed writing any information that the person 4,264
may have that appears to show a violation of any provision of 4,265
this chapter or any rule adopted under it. In the absence of bad 4,266
faith, any person who reports information of that nature or who 4,267
testifies before the board in any adjudication hearing conducted 4,268
under Chapter 119. of the Revised Code shall not be liable in 4,270
damages in a civil action as a result of the report or testimony. 4,271
EACH
Each complaint or allegation of a violation received by the 4,273
board shall be assigned a case number and shall be recorded by 4,274
the board. Information received by the board pursuant to an 4,275
investigation shall be confidential and not subject to discovery 4,276
in any civil action. 4,277
(2) Investigations of alleged violations of this chapter 4,279
or any rule adopted under it shall be supervised by the 4,281
supervising member elected by the board in accordance with 4,282
section 4731.02 of the Revised Code and by the secretary as 4,283
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 4,285
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 4,287
participate in further adjudication of the case.
For the purpose of investigation of (3) IN INVESTIGATING a 4,290
possible violation of division (B)(3), (8), (9), (11), or (15) of 4,291
this section, the board may administer oaths, order the taking of 4,292
depositions, issue subpoenas, and compel the attendance of 4,293
witnesses and production of books, accounts, papers, records, 4,294
97
documents, and testimony. 4,295
In investigating possible violations of all remaining 4,297
divisions of this section and sections of this chapter or any 4,298
rule adopted under this chapter, the board also may administer 4,300
oaths, order the taking of depositions, issue subpoenas, and 4,301
compel the attendance of witnesses and production of books, 4,302
accounts, papers, records, documents, and testimony. However, in 4,303
those instances, other than for patient records provided to the 4,304
board pursuant to the reporting provisions of division (A) of 4,305
section 4731.224 of the Revised Code, EXCEPT THAT a subpoena for 4,306
patient record information shall not be issued without
consultation with the attorney general's office and approval of 4,307
the secretary of the board, the AND supervising member, and a 4,308
member of the board who holds a certificate issued under this 4,311
chapter authorizing the practice of medicine and surgery, 4,312
osteopathic medicine and surgery, or podiatry. Before issuance 4,313
of a subpoena of that nature FOR PATIENT RECORD INFORMATION, the 4,314
three board members SECRETARY AND SUPERVISING MEMBER shall 4,315
determine whether there is probable cause to believe that the 4,317
complaint filed alleges a violation of this chapter or any rule 4,318
adopted under it and that the records sought are relevant to the 4,320
alleged violation and material to the investigation. Those THE 4,321
SUBPOENA MAY APPLY ONLY TO records must THAT cover a reasonable 4,322
period of time surrounding the alleged violation. Upon 4,323
ON failure to comply with any subpoena issued by the board 4,326
and after reasonable notice to the person being subpoenaed, the 4,327
board may move for an order compelling the production of persons 4,328
or records pursuant to the Rules of Civil Procedure. Each 4,329
officer
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 4,331
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 4,332
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 4,334
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 4,335
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 4,336
98
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS A PERSON 4,337
WHOSE PRACTICE IS AUTHORIZED BY THIS CHAPTER, SERVICE OF THE 4,338
SUBPOENA MAY BE MADE BY CERTIFIED MAIL, RESTRICTED DELIVERY, 4,339
RETURN RECEIPT REQUESTED, AND THE SUBPOENA SHALL BE DEEMED SERVED 4,340
ON THE DATE DELIVERY IS MADE OR THE DATE THE PERSON REFUSES TO 4,341
ACCEPT DELIVERY.
A SHERIFF'S DEPUTY who serves a subpoena of that nature 4,344
shall receive the same fees as a sheriff, and each. EACH witness 4,345
who appears, BEFORE THE BOARD in obedience to a subpoena, before 4,347
the board, shall receive the fees and mileage provided for 4,348
witnesses in civil cases in the courts of common pleas. 4,349
(4) All hearings and investigations of the board shall be 4,351
considered civil actions for the purposes of section 2305.251 of 4,352
the Revised Code. 4,353
(5) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 4,355
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 4,356
CIVIL ACTION. 4,357
The board shall conduct all investigations and proceedings 4,359
in a manner that protects patient THE confidentiality OF PATIENTS 4,361
AND PERSONS WHO FILE COMPLAINTS WITH THE BOARD. The board shall 4,363
not make public THE names or ANY other identifying information 4,364
about patients OR COMPLAINANTS unless proper consent is given or, 4,365
IN THE CASE OF A PATIENT, a waiver of the patient privilege 4,366
exists under division (B) of section 2317.02 of the Revised Code, 4,367
except that no consent or A waiver of that nature is NOT required 4,368
if the board possesses reliable and substantial evidence that no 4,370
bona fide physician-patient relationship exists. 4,371
(2) In the absence of fraud or bad faith, neither the 4,373
board, nor any current or former member, agent, representative, 4,374
or employee of the board, nor any provider of educational and 4,375
assessment services selected by the board for the quality 4,376
intervention program shall be held liable in damages to any 4,377
person as the result of any act, omission, proceeding, conduct, 4,378
or decision related to official duties undertaken or performed 4,380
99
pursuant to this chapter. If a current or former member, agent,
representative, or employee of the board or a provider of 4,381
educational and assessment services selected by the board for the 4,382
quality intervention program requests the state to defend against 4,383
any claim or action arising out of any act, omission, proceeding, 4,384
conduct, or decision related to the person's official duties, if 4,385
the request is made in writing at a reasonable time before trial, 4,386
and if the person requesting defense cooperates in good faith in 4,387
the defense of the claim or action, the state shall provide and 4,388
pay for the defense and shall pay any resulting judgment, 4,389
compromise, or settlement. At no time shall the state pay that 4,390
part of a claim or judgment that is for punitive or exemplary 4,391
damages.
(3) On THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES 4,395
PURSUANT TO AN INVESTIGATION, INCLUDING PATIENT RECORDS AND 4,396
PATIENT RECORD INFORMATION, WITH OTHER LICENSING BOARDS AND 4,397
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL 4,398
MISCONDUCT AND WITH LAW ENFORCEMENT AGENCIES AND OTHER 4,399
GOVERNMENTAL AGENCIES THAT ARE INVESTIGATING OR PROSECUTING 4,400
ALLEGED CRIMINAL OFFENSES. A BOARD OR AGENCY THAT RECEIVES THE 4,401
INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING 4,402
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST 4,403
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED
CODE OR PROCEDURE OF THE BOARD OR AGENCY THAT APPLIES WHEN THE 4,404
BOARD OR AGENCY IS DEALING WITH OTHER INFORMATION IN ITS 4,405
POSSESSION. THE INFORMATION MAY BE ADMITTED INTO EVIDENCE IN A 4,406
CRIMINAL TRIAL IN ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE 4,407
COURT SHALL REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE 4,408
THAT CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF 4,409
THE INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING 4,410
INFORMATION ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY 4,411
WAS PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS 4,412
IN THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY
THAT MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR 4,413
100
DELETING SPECIFIC INFORMATION FROM ITS RECORDS. 4,415
(6) ON a quarterly basis, the board shall prepare a report 4,418
that documents the disposition of all cases during the preceding 4,419
three months. The report shall contain the following information 4,420
for each case with which the board has completed its activities: 4,421
(a) The case number assigned to the complaint or alleged 4,423
violation pursuant to division (C)(1) of this section; 4,424
(b) The type of license or certificate to practice, if 4,426
any, held by the individual against whom the complaint is 4,427
directed; 4,428
(c) A description of the allegations contained in the 4,430
complaint; 4,431
(d) The disposition of the case. 4,433
The report shall state how many cases are still pending and 4,436
shall be prepared in a manner that protects the identity of each 4,438
person involved in each case. The report shall be a public 4,439
record under section 149.43 of the Revised Code.
(D)(G) If the secretary and supervising member determine 4,441
that there is clear and convincing evidence that a certificate 4,442
holder AN INDIVIDUAL has violated division (B) of this section 4,443
and that the certificate holder's INDIVIDUAL'S continued practice 4,444
presents a danger of immediate and serious harm to the public, 4,446
they may recommend that the board suspend the certificate 4,447
holder's INDIVIDUAL'S certificate TO PRACTICE without a prior 4,449
hearing. Written allegations shall be prepared for consideration
by the board members. 4,450
The board, upon review of those allegations and by a AN 4,452
AFFIRMATIVE vote of not fewer than six of its members, excluding 4,454
the secretary and supervising member, may suspend a certificate 4,455
without a prior hearing. A telephone conference call may be 4,456
utilized for reviewing the allegations and taking the vote ON THE 4,457
SUMMARY SUSPENSION. 4,458
The board shall issue a written order of suspension by 4,460
certified mail or in person in accordance with section 119.07 of 4,461
101
the Revised Code. The order shall not be subject to suspension 4,463
by the court during pendency of any appeal filed under section 4,464
119.12 of the Revised Code. If the certificate holder INDIVIDUAL 4,465
SUBJECT TO THE SUMMARY SUSPENSION requests an adjudicatory 4,467
hearing by the board, the date set for that THE hearing shall be 4,468
within fifteen days, but not earlier than seven days, after the 4,469
certificate holder has requested a INDIVIDUAL REQUESTS THE 4,470
hearing, unless otherwise agreed to by both the board and the 4,471
certificate holder INDIVIDUAL. 4,472
Any summary suspension imposed under this division shall 4,474
remain in effect, unless reversed on appeal, until a final 4,475
adjudicative order issued by the board pursuant to this section 4,476
and Chapter 119. of the Revised Code becomes effective. The 4,477
board shall issue its final adjudicative order within sixty days 4,478
after completion of its hearing. A failure to issue the order 4,479
within sixty days shall result in dissolution of the summary 4,480
suspension order but shall not invalidate any subsequent, final 4,481
adjudicative order. 4,482
(E)(H) If the board takes action under division (B)(9), 4,485
(11), or (13) of this section and the conviction, judicial
finding of guilt, or guilty plea, OR JUDICIAL FINDING OF 4,486
ELIGIBILITY FOR TREATMENT IN LIEU OF CONVICTION is overturned on 4,487
appeal, upon exhaustion of the criminal appeal, a petition for 4,489
reconsideration of the order may be filed with the board along 4,490
with appropriate court documents. Upon receipt of a petition of 4,491
that nature and supporting court documents, the board shall 4,492
reinstate the petitioner's INDIVIDUAL'S certificate TO PRACTICE. 4,493
The board may then hold an adjudication UNDER CHAPTER 119. OF THE 4,494
REVISED CODE to determine whether the applicant or certificate 4,495
holder INDIVIDUAL committed the act in question. Notice of an 4,497
opportunity for a hearing shall be given in accordance with 4,498
Chapter 119. of the Revised Code. If the board finds, pursuant 4,499
to an adjudication held under this division, that the applicant 4,500
or certificate holder INDIVIDUAL committed the act or if no 4,502
102
hearing is requested, the board may order any of the sanctions
identified under division (B) of this section. The board does 4,504
not have jurisdiction under division (B)(10), (12), or (14) of
this section if the trial court renders a final judgment in the 4,506
certificate holder's favor and that judgment is based upon an 4,507
adjudication on the merits. The board has jurisdiction under 4,508
those divisions if the trial court issues an order of dismissal 4,509
upon technical or procedural grounds. 4,510
(F)(I) The certificate or license TO PRACTICE issued to an 4,513
individual under this chapter and the individual's practice in 4,515
this state are automatically suspended as of the date the 4,516
individual pleads guilty to, is found by a judge or jury to be 4,518
guilty of, or is subject to a judicial finding of eligibility for 4,519
treatment in lieu of conviction for either ANY of the following: 4,520
(1) In this state, aggravated CRIMINAL OFFENSES IN THIS 4,522
STATE OR A SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER 4,523
JURISDICTION: AGGRAVATED murder, murder, voluntary manslaughter, 4,526
felonious assault, kidnapping, rape, sexual battery, gross sexual 4,527
imposition, aggravated arson, aggravated robbery, or aggravated 4,528
burglary;
(2) In another jurisdiction, any criminal offense 4,530
substantially equivalent to those specified in division (F)(1) of 4,531
this section. CONTINUED 4,532
Continued practice after suspension of the individual's 4,535
certificate or license shall be considered practicing without a 4,537
certificate or license. The
THE board shall notify the individual subject to the 4,541
suspension by certified mail or in person in accordance with 4,542
section 119.07 of the Revised Code. If an individual whose 4,543
certificate or license is suspended under this division fails to 4,544
make a timely request for an adjudicatory hearing ADJUDICATION 4,545
UNDER CHAPTER 119. OF THE REVISED CODE, the board shall enter a 4,546
final order PERMANENTLY revoking the INDIVIDUAL'S certificate or 4,547
license TO PRACTICE.
103
(G)(J) If the board is required by Chapter 119. of the 4,550
Revised Code to give notice of an opportunity for a hearing and 4,551
if the applicant or certificate holder INDIVIDUAL SUBJECT TO THE 4,552
NOTICE does not timely request a hearing in accordance with 4,553
section 119.07 of the Revised Code, the board is not required to 4,555
hold a hearing, but may adopt, by a AN AFFIRMATIVE vote of not 4,556
fewer than six of its members, a final order that contains the 4,557
board's findings. In that final order, the board may order any 4,558
of the sanctions identified under division (A) OR (B) of this 4,560
section.
(H)(K) Any action taken by the board under division (B) of 4,562
this section resulting in a suspension from practice shall be 4,563
accompanied by a written statement of the conditions under which 4,564
the INDIVIDUAL'S certificate holder TO PRACTICE may be reinstated 4,566
to practice. The board shall adopt rules governing conditions to 4,567
be imposed for reinstatement. Reinstatement of a certificate 4,568
suspended pursuant to division (B) of this section requires an 4,569
affirmative vote of not fewer than six members of the board. 4,570
(I)(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE TO AN 4,573
APPLICANT, REVOKES AN INDIVIDUAL'S CERTIFICATE TO PRACTICE, 4,575
REFUSES TO REGISTER AN APPLICANT, OR REFUSES TO REINSTATE AN 4,576
INDIVIDUAL'S CERTIFICATE TO PRACTICE, THE BOARD MAY SPECIFY THAT 4,577
ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A PERMANENT 4,578
ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER INELIGIBLE TO 4,579
HOLD A CERTIFICATE TO PRACTICE AND THE BOARD SHALL NOT ACCEPT AN 4,580
APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE 4,581
OF A NEW CERTIFICATE.
(M) Notwithstanding any other provision of the Revised 4,583
Code, no ALL OF THE FOLLOWING APPLY: 4,584
(1) THE surrender of a license or certificate issued under 4,586
this chapter shall NOT be effective unless or until accepted by 4,588
the board. Reinstatement of a certificate surrendered to the 4,589
board requires an affirmative vote of not fewer than six members 4,590
of the board.
104
Notwithstanding any other provision of the Revised Code, no 4,592
(2) AN application for a license or certificate made under 4,595
the provisions of this chapter may NOT be withdrawn without 4,597
approval of the board.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 4,600
REGISTRATION IN ACCORDANCE WITH THIS CHAPTER SHALL NOT REMOVE OR
LIMIT THE BOARD'S JURISDICTION TO TAKE ANY DISCIPLINARY ACTION 4,602
UNDER THIS SECTION AGAINST THE INDIVIDUAL. 4,603
(J)(N) Sanctions shall not be imposed under division 4,605
(B)(28) of this section against any person who waives deductibles 4,607
and copayments as follows:
(1) In compliance with the health benefit plan that 4,609
expressly allows such a practice. Waiver of the deductibles or 4,610
copayments shall be made only with the full knowledge and consent 4,611
of the plan purchaser, payer, and third-party administrator. 4,612
Documentation of the consent shall be made available to the board 4,613
upon request.
(2) For professional services rendered to any other person 4,615
authorized to practice pursuant to this chapter, to the extent 4,617
allowed by this chapter and rules adopted by the board. 4,618
(K)(O) Under the board's investigative duties described in 4,620
this section and subject to division (C)(F) of this section, the 4,622
board shall develop and implement a quality intervention program 4,624
designed to improve physicians' clinical and communication skills 4,625
through remedial education THE CLINICAL AND COMMUNICATION SKILLS 4,626
OF INDIVIDUALS AUTHORIZED UNDER THIS CHAPTER TO PRACTICE MEDICINE 4,627
AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, AND PODIATRY. In 4,628
developing and implementing the quality intervention program, the 4,629
board may do all of the following: 4,630
(1) Offer in appropriate cases as determined by the board 4,632
an educational and assessment program to physicians pursuant to 4,633
an investigation the board conducts under this section; 4,635
(2) Select providers of educational and assessment 4,637
services for physicians, including a quality intervention program 4,638
105
panel of case reviewers; 4,639
(3) Refer physicians MAKE REFERRALS to educational and 4,641
assessment service providers and approve individual educational 4,643
programs recommended by those providers. The board shall monitor 4,644
the progress of each physician INDIVIDUAL undertaking an A 4,645
RECOMMENDED INDIVIDUAL educational program of that nature. 4,646
(4) Determine WHAT CONSTITUTES successful completion of an 4,648
INDIVIDUAL educational program undertaken by a referred physician 4,650
and require further monitoring of a physician THE INDIVIDUAL WHO 4,651
COMPLETED THE PROGRAM or other action that the board determines 4,652
to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 4,654
Revised Code to further implement the quality intervention 4,656
program.
A physician AN INDIVIDUAL who participates in an individual 4,658
educational program pursuant to this division shall pay the 4,660
financial obligations arising from that educational program. 4,661
Sec. 4731.221. If the state medical board has reason to 4,670
believe that any person who has been granted a certificate under 4,671
Chapter 4731. of the Revised Code is mentally ill or mentally 4,672
incompetent, it may file in the probate court of the county in 4,673
which such person has a legal residence an affidavit in the form 4,674
prescribed in section 5122.11 of the Revised Code and signed by 4,675
the board secretary or a member of his THE BOARD SECRETARY'S 4,676
staff, whereupon the same proceedings shall be had as provided in 4,678
Chapter 5122. of the Revised Code. The attorney general may 4,679
represent the board in any proceeding commenced under this 4,680
section.
If any person who has been granted a certificate is 4,682
adjudged by a probate court to be mentally ill or mentally 4,683
incompetent, his THE PERSON'S certificate shall be automatically 4,684
suspended until such person has filed with the state medical 4,686
board a certified copy of an adjudication by a probate court of 4,687
his THE PERSON'S subsequent restoration to competency or has 4,689
106
submitted to such board proof, satisfactory to the board, that he 4,690
THE PERSON has been discharged as having a restoration to 4,692
competency in the manner and form provided in section 5122.38 of 4,693
the Revised Code. The judge of such court shall forthwith notify 4,694
the state medical board of an adjudication of incompetence, and 4,695
shall note any suspension of a certificate in the margin of the 4,696
court's record of such certificate. In the absence of fraud or 4,697
bad faith, neither the state medical board nor any member, agent, 4,698
representative, or employee thereof shall be held liable in 4,699
damages by any person by reason of the filing of the affidavit 4,700
referred to in this section. 4,701
Sec. 4731.222. Before restoring to good standing a 4,710
certificate issued under this chapter that has been in a 4,711
suspended or inactive state for any cause for more than two 4,712
years, or before issuing a certificate pursuant to section 4,713
4731.18, 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised 4,715
Code to an applicant who for more than two years has not been
engaged in the practice of medicine, osteopathic medicine, or 4,717
podiatry, OR A LIMITED BRANCH OF MEDICINE as an active 4,718
practitioner, as a participant in a postgraduate training program 4,720
approved by the state medical board, or PROGRAM OF GRADUATE 4,721
MEDICAL EDUCATION, AS DEFINED IN SECTION 4731.091 OF THE REVISED 4,722
CODE, as a student in good standing at a medical or osteopathic 4,723
school or A college of podiatry approved DETERMINED by the board 4,724
TO BE IN GOOD STANDING, OR AS A STUDENT IN A SCHOOL, COLLEGE, OR 4,725
INSTITUTION GIVING INSTRUCTION IN A LIMITED BRANCH OF MEDICINE 4,726
DETERMINED BY THE BOARD TO BE IN GOOD STANDING UNDER SECTION
4731.19 OF THE REVISED CODE, the state medical board may require 4,728
the applicant to pass an oral or written examination, or both, to 4,729
determine the applicant's present fitness to resume practice. 4,730
The authority of the board to impose terms and conditions 4,732
includes the following: 4,733
(A) Requiring the applicant to obtain additional training 4,735
and to pass an examination upon completion of such training; 4,736
107
(B) Restricting or limiting the extent, scope, or type of 4,738
practice of the applicant. 4,739
The board shall consider the moral background and the 4,741
activities of the applicant during the period of suspension or 4,742
inactivity, in accordance with section 4731.08 of the Revised 4,743
Code. 4,744
Sec. 4731.223. (A) As used in this section, "prosecutor" 4,753
has the same meaning as in section 2935.01 of the Revised Code. 4,754
(B) Whenever any person holding a valid certificate issued 4,756
pursuant to this chapter is convicted of or pleads guilty to, IS 4,758
SUBJECT TO A JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A 4,759
JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN LIEU OF
CONVICTION FOR a violation of Chapter 2907., 2925., or 3719. of 4,760
the Revised Code or of any substantively comparable ordinance of 4,762
a municipal corporation in connection with the person's practice, 4,763
the prosecutor in the case, on forms prescribed and provided by 4,765
the state medical board, shall promptly notify the board of the 4,766
conviction or guilty plea. Within thirty days of receipt of that 4,767
information, the board shall initiate action in accordance with 4,769
Chapter 119. of the Revised Code to determine whether to suspend 4,770
or revoke the certificate under section 4731.22 of the Revised 4,771
Code.
(C) The prosecutor in any case against any person holding 4,773
a valid certificate issued pursuant to this chapter, on forms 4,775
prescribed and provided by the state medical board, shall notify
the board of any of the following: 4,776
(1) A plea of guilty to, or a finding of guilt by a jury 4,778
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 4,780
LIEU OF CONVICTION FOR a felony, or a case in which the trial 4,782
court issues an order of dismissal upon technical or procedural 4,783
grounds of a felony charge; 4,784
(2) A plea of guilty to, or a finding of guilt by a jury 4,787
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 4,789
LIEU OF CONVICTION FOR a misdemeanor committed in the course of 4,791
108
practice, or a case in which the trial court issues an order of 4,792
dismissal upon technical or procedural grounds of a charge of a 4,794
misdemeanor, if the alleged act was committed in the course of 4,795
practice;
(3) A plea of guilty to, or a finding of guilt by a jury 4,797
or court of, OR JUDICIAL FINDING OF ELIGIBILITY FOR TREATMENT IN 4,799
LIEU OF CONVICTION FOR a misdemeanor involving moral turpitude, 4,801
or a case in which the trial court issues an order of dismissal 4,802
upon technical or procedural grounds of a charge of a misdemeanor 4,804
involving moral turpitude. 4,805
The report shall include the name and address of the 4,807
certificate holder, the nature of the offense for which the 4,808
action was taken, and the certified court documents recording the 4,809
action. 4,810
Sec. 4731.224. (A) Within sixty days after the completion 4,819
IMPOSITION of any formal disciplinary procedure ACTION taken by 4,821
any HEALTH CARE FACILITY, INCLUDING A hospital or, HEALTH CARE 4,822
FACILITY OPERATED BY A HEALTH INSURING CORPORATION, ambulatory 4,823
surgical center, OR SIMILAR FACILITY, against any person 4,824
INDIVIDUAL holding a valid certificate TO PRACTICE issued 4,826
pursuant to this chapter, the chief administrator or executive 4,827
officer of the facility shall report to the STATE MEDICAL board 4,828
the name of the certificate holder INDIVIDUAL, the action taken 4,829
by the facility, and a summary of the underlying facts leading to 4,830
the action taken. Upon request, the board shall be provided 4,831
CERTIFIED copies of the patient records minus patient identifiers 4,832
which THAT were the basis for the facility's action. Prior to 4,833
release to the board, the summary shall be approved by the peer 4,834
review committee which THAT reviewed the case or by the governing 4,835
board of the facility. As used in this division, "formal 4,837
disciplinary procedure ACTION" means any procedure ACTION 4,838
resulting in the revocation, restriction, reduction, or 4,840
termination of clinical privileges for violations of professional 4,841
ethics, or for reasons of medical incompetence, medical 4,842
109
malpractice, or drug or alcohol abuse. "FORMAL DISCIPLINARY 4,843
ACTION" INCLUDES A SUMMARY ACTION, AN ACTION THAT TAKES EFFECT 4,844
NOTWITHSTANDING ANY APPEAL RIGHTS THAT MAY EXIST, AND AN ACTION 4,845
THAT RESULTS IN AN INDIVIDUAL SURRENDERING CLINICAL PRIVILEGES 4,846
WHILE UNDER INVESTIGATION AND DURING PROCEEDINGS REGARDING THE 4,847
ACTION BEING TAKEN OR IN RETURN FOR NOT BEING INVESTIGATED OR 4,848
HAVING PROCEEDINGS HELD. "Formal disciplinary procedure ACTION" 4,849
does not include any action taken for the sole reason of failure 4,851
to maintain records on a timely basis or failure to attend staff 4,852
or section meetings.
The filing or nonfiling of a report with the board, 4,854
investigation by the board, or any disciplinary action taken by 4,855
the board, shall not preclude any action by a health care 4,856
facility or professional society to suspend, restrict, or revoke 4,857
the INDIVIDUAL'S CLINICAL privileges or membership of such 4,858
physician. 4,859
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 4,861
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 4,862
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 4,863
(B) If any individual authorized to practice under this 4,866
chapter or any PROFESSIONAL association or society of SUCH 4,867
individuals authorized to practice under this chapter believes 4,869
that a violation of any provision of this chapter, Chapter 4730. 4,870
of the Revised Code, or any rule of the board has occurred, the 4,871
individual, association, or society shall report to the board the 4,872
information upon which the belief is based. This division does 4,873
not require any person or organization that is a treatment 4,874
provider approved by the board under section 4731.25 of the 4,877
Revised Code or any employee, agent, or representative of such a 4,878
provider to make reports with respect to a AN IMPAIRED
practitioner participating in treatment or aftercare so FOR 4,879
SUBSTANCE ABUSE AS long as the practitioner maintains 4,881
participation in accordance with the requirements of section 4,882
4731.25 of the Revised Code, and so AS long as the association, 4,883
110
society, or individual TREATMENT PROVIDER OR EMPLOYEE, AGENT, OR 4,884
REPRESENTATIVE OF THE PROVIDER has no reason to believe that the 4,885
practitioner has violated any provision of this chapter or any 4,886
rule adopted under it, other than the provisions of division 4,887
(B)(26) of section 4731.22 of the Revised Code. This division 4,889
does not require reporting by any member of an impaired 4,890
practitioner committee established by a hospital HEALTH CARE 4,891
FACILITY or by any representative or agent of a committee or 4,892
program sponsored by a professional association OR SOCIETY of 4,893
individuals authorized to practice under this chapter to provide 4,895
peer assistance to practitioners with substance abuse problems 4,896
with respect to a practitioner who has been referred for 4,897
examination to a treatment program approved by the board under 4,898
section 4731.25 of the Revised Code if the practitioner 4,899
cooperates with the referral for examination and with any 4,900
determination that the physician assistant PRACTITIONER should 4,902
enter treatment and so AS long as the committee member,
representative, or agent has no reason to believe that the 4,903
practitioner has ceased to participate in the treatment program 4,904
in accordance with section 4731.25 of the Revised Code or has 4,905
violated any provision of this chapter or any rule adopted under 4,907
it, other than the provisions of division (B)(26) of section 4,909
4731.22 of the Revised Code.
(C) Any professional ASSOCIATION OR society composed 4,911
primarily of doctors of medicine and surgery, doctors of 4,913
osteopathic medicine and surgery, or doctors of podiatry, OR 4,914
PRACTITIONERS OF LIMITED BRANCHES OF MEDICINE that suspends or 4,915
revokes an individual's membership in that society for violations 4,916
of professional ethics, or for reasons of professional 4,917
incompetence or professional malpractice, within sixty days after 4,918
a final decision shall report to the board, on forms prescribed 4,919
and provided by the board, the name of the member INDIVIDUAL, the 4,921
action taken by the society PROFESSIONAL ORGANIZATION, and a
summary of the underlying facts leading to the action taken. 4,923
111
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO 4,925
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY 4,926
ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL 4,927
ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN 4,928
INDIVIDUAL.
(D) Any insurer providing professional liability insurance 4,930
to any person holding a valid certificate issued pursuant to AN 4,931
INDIVIDUAL AUTHORIZED TO PRACTICE UNDER this chapter, or any 4,932
other entity that seeks to indemnify the professional liability 4,933
of any person holding a valid certificate issued pursuant to this 4,934
chapter SUCH AN INDIVIDUAL, shall notify the board within thirty 4,935
days after the final disposition of any written claim for damages 4,936
where such disposition results in a payment which exceeds 4,937
EXCEEDING twenty-five thousand dollars. Such THE notice shall 4,938
contain the following information: 4,939
(1) The name and address of the person submitting the 4,941
notification; 4,942
(2) The name and address of the insured who is the subject 4,944
of the claim; 4,945
(3) The name of the person filing the written claim; 4,947
(4) The date of final disposition; 4,949
(5) If applicable, the identity of the court in which the 4,951
final disposition of the claim took place. 4,952
(E) On the basis of the reporting provisions in this 4,954
section, the THE board may investigate possible violations of 4,955
this chapter or a rule THE RULES adopted under it. The board may 4,956
also investigate THAT ARE BROUGHT TO ITS ATTENTION AS A RESULT OF 4,957
THE REPORTING REQUIREMENTS OF THIS SECTION, EXCEPT THAT THE BOARD 4,959
SHALL CONDUCT AN INVESTIGATION IF A POSSIBLE VIOLATION INVOLVES 4,960
repeated malpractice. As used in this division, "repeated 4,962
malpractice" is MEANS three or more claims for medical 4,963
malpractice within the previous five-year period, each resulting 4,964
in a judgment or settlement in excess of twenty-five thousand 4,965
dollars in favor of the claimant, and each involving negligent 4,966
112
conduct by the physician PRACTICING INDIVIDUAL. 4,967
(F) All summaries, reports, and records received and 4,969
maintained by the board pursuant to this section shall be held in 4,970
confidence and shall not be subject to discovery or introduction 4,971
in evidence in any federal or state civil action involving a 4,972
health care professional or facility arising out of matters which 4,973
THAT are the subject of such THE reporting to the board REQUIRED 4,975
BY THIS SECTION. The board may only use the information obtained 4,976
ONLY as the basis for an investigation, as evidence in a 4,977
disciplinary hearing against the certificate holder AN INDIVIDUAL 4,978
WHOSE PRACTICE IS REGULATED UNDER THIS CHAPTER, or in any
subsequent trial or appeal of a board action or order. 4,980
The board may only disclose the summaries and reports which 4,982
it receives under this section ONLY to hospital HEALTH CARE 4,983
FACILITY committees within or outside Ohio which THIS STATE THAT 4,985
are involved in credentialling CREDENTIALING or recredentialling 4,986
RECREDENTIALING the certificate holder INDIVIDUAL or in reviewing 4,987
his THE INDIVIDUAL'S clinical privileges. The board shall 4,988
indicate whether or not the information has been verified. 4,989
Information thus transmitted by the board shall be subject to the 4,990
same confidentiality provisions as when maintained by the board. 4,991
(G) Except for reports filed by an individual pursuant to 4,994
division (B) of this section, THE BOARD SHALL SEND a copy of any 4,995
reports or summaries received by the board IT RECEIVES pursuant 4,996
to this section shall be sent to the certificate holder by the 4,997
board INDIVIDUAL WHO IS THE SUBJECT OF THE REPORTS OR SUMMARIES. 4,998
The certificate holder INDIVIDUAL shall have the right to file a 4,999
statement with the board concerning the correctness or relevance 5,000
of the information. Such THE statement shall at all times 5,001
accompany that part of the record in contention. 5,002
(H) Any person, health care facility, association, 5,004
society, AN INDIVIDUAL or insurer who ENTITY THAT, pursuant to 5,006
this section, reports to the board or who refers an impaired 5,007
practitioner to a treatment provider approved by the board under 5,008
113
section 4731.25 of the Revised Code shall not be subject to suit 5,009
for civil damages as a result of the report, referral, or 5,011
provision of the information.
(I) In the absence of fraud or bad faith, no professional 5,013
association OR SOCIETY of individuals authorized to practice 5,014
under this chapter that sponsors a committee or program to 5,016
provide peer assistance to practitioners with substance abuse 5,017
problems, no representative or agent of such a committee or 5,018
program, and no member of the state medical board shall be held 5,019
liable in damages to any person by reason of actions taken to 5,020
refer a practitioner to a treatment provider approved under 5,021
section 4731.25 of the Revised Code for examination or treatment. 5,022
Sec. 4731.225. If the holder of a certificate ISSUED under 5,032
this chapter violates division (A), (B), or (C) of section 5,033
4731.66 or section 4731.69 of the Revised Code, or if any other 5,034
person violates division (B) or (C) of section 4731.66 or section 5,036
4731.69 of the Revised Code, the state medical board, pursuant to
an adjudication hearing conducted in accordance with UNDER 5,037
Chapter 119. of the Revised Code and a AN AFFIRMATIVE vote of not 5,038
fewer than six of its members, shall: 5,039
(A) For a first violation, impose a civil penalty of not 5,041
more than five thousand dollars; 5,042
(B) For each subsequent violation, impose a civil penalty 5,044
of not more than twenty thousand dollars and, if the violator is 5,045
a certificate holder, proceed under division (B)(27) of section 5,046
4731.22 of the Revised Code.
Sec. 4731.25. The state medical board, in accordance with 5,055
Chapter 119. of the Revised Code, shall adopt and may amend and 5,056
rescind rules establishing standards for approval of physicians 5,057
and facilities as treatment providers for impaired practitioners 5,058
who are regulated under this chapter or Chapter 4730. of the 5,059
Revised Code. The rules shall include standards for both 5,060
inpatient and outpatient treatment. The rules shall provide that 5,061
in order to be approved, a treatment provider must have the 5,062
114
capability of making an initial examination to determine what 5,063
type of treatment an impaired practitioner requires. Subject to 5,064
the rules, the board shall review and approve treatment providers 5,065
on a regular basis. The board, at its discretion, may withdraw 5,066
or deny approval subject to the rules. 5,067
An approved impaired practitioner treatment provider shall: 5,069
(A) Report to the board the name of any practitioner 5,071
suffering or showing evidence of suffering impairment as 5,072
described in division (B)(6)(5) of section 4730.25 of the Revised 5,074
Code or division (B)(26) of section 4731.22 of the Revised Code 5,076
who fails to comply within one week with a referral for
examination; 5,077
(B) Report to the board the name of any impaired 5,079
practitioner who fails to enter treatment within forty-eight 5,080
hours following the provider's determination that the 5,081
practitioner needs treatment; 5,082
(C) Require every practitioner who enters treatment to 5,084
agree to a treatment contract establishing the terms of treatment 5,085
and aftercare, including any required supervision or restrictions 5,086
of practice during treatment or aftercare; 5,087
(D) Require a practitioner to suspend practice upon entry 5,089
into any required inpatient treatment; 5,090
(E) Report to the board any failure by an impaired 5,092
practitioner to comply with the terms of the treatment contract 5,093
during inpatient or outpatient treatment or aftercare; 5,094
(F) Report to the board the resumption of practice of any 5,096
impaired practitioner before the treatment provider has made a 5,097
clear determination that the practitioner is capable of 5,098
practicing according to acceptable and prevailing standards of 5,099
care; 5,100
(G) Require a practitioner who resumes practice after 5,102
completion of treatment to comply with an aftercare contract that 5,103
meets the requirements of rules adopted by the board for approval 5,104
of treatment providers; 5,105
115
(H) Report the identity of any practitioner practicing 5,107
under the terms of an aftercare contract to hospital 5,108
administrators, medical chiefs of staff, and chairpersons of 5,109
impaired practitioner committees of all health care institutions 5,111
at which the practitioner holds clinical privileges or otherwise 5,112
practices. If the practitioner does not hold clinical privileges 5,114
at any health care institution, the treatment provider shall 5,115
report the practitioner's identity to the impaired physicians 5,116
PRACTITIONER committee of the county medical society, osteopathic 5,117
academy, or podiatric medical association in every county in 5,118
which the practitioner practices. If there are no impaired 5,119
physicians PRACTITIONER committees in the county, the treatment 5,121
provider shall report the practitioner's identity to the 5,122
president or other designated member of the county medical 5,123
society, osteopathic academy, or podiatric medical association. 5,124
(I) Report to the board the identity of any practitioner 5,126
who suffers a relapse at any time during or following aftercare. 5,127
Any individual authorized to practice under this chapter 5,130
who enters into treatment by an approved treatment provider shall 5,131
be deemed to have waived any confidentiality requirements that 5,132
would otherwise prevent the treatment provider from making 5,133
reports required under this section. 5,134
In the absence of fraud or bad faith, no person or 5,136
organization that conducts an approved impaired practitioner 5,137
treatment program, no member of such an organization, and no 5,139
employee, representative, or agent of the treatment provider 5,140
shall be held liable in damages to any person by reason of 5,141
actions taken or recommendations made by the treatment provider 5,142
or its employees, representatives, or agents.
Sec. 4731.281. (A) On or before the deadline established 5,152
under division (B) of this section for applying for renewal of a 5,154
certificate of registration, each person holding a certificate 5,156
under this chapter to practice medicine and surgery, osteopathic 5,157
medicine and surgery, or podiatry shall certify to the state 5,158
116
medical board that in the preceding two years the person has 5,159
completed one hundred hours of continuing medical education. The 5,160
certification shall be made upon the application for BIENNIAL 5,161
registration furnished by the board SUBMITTED pursuant to 5,163
DIVISION (B) OF this section. For purposes of meeting this 5,165
requirement, THE BOARD SHALL ADOPT RULES PROVIDING FOR PRO RATA 5,166
REDUCTIONS BY MONTH OF THE NUMBER OF HOURS OF CONTINUING 5,168
EDUCATION REQUIRED FOR PERSONS WHO ARE IN THEIR FIRST 5,169
REGISTRATION PERIOD, WHO HAVE A REGISTRATION PERIOD OF LESS THAN 5,170
TWO YEARS DUE TO INITIAL IMPLEMENTATION OF THE STAGGERED RENEWAL 5,171
SCHEDULE ESTABLISHED UNDER DIVISION (B) OF THIS SECTION, WHO HAVE 5,172
BEEN DISABLED DUE TO ILLNESS OR ACCIDENT, OR WHO HAVE BEEN ABSENT 5,174
FROM THE COUNTRY.
IN DETERMINING WHETHER A COURSE, PROGRAM, OR ACTIVITY 5,176
QUALIFIES FOR CREDIT AS CONTINUING MEDICAL EDUCATION, THE BOARD 5,177
SHALL APPROVE all continuing medical education taken by persons 5,179
holding a certificate to practice medicine and surgery shall be 5,180
THAT IS certified by the Ohio state medical association and 5,181
approved by the board;, all continuing medical education taken by 5,182
persons holding a certificate to practice osteopathic medicine 5,183
and surgery shall be THAT IS certified by the Ohio osteopathic 5,184
association and approved by the board;, and all continuing 5,185
medical education taken by persons holding a certificate to 5,187
practice podiatry shall be THAT IS certified by the Ohio 5,188
podiatric medical association and approved by the board. The 5,190
board shall adopt rules providing for pro rata adjustments by 5,191
month of the hours of continuing education required by this 5,193
section for persons who are in their first registration period, 5,194
who have a registration period of less than two years due to 5,195
initial implementation of the staggered renewal schedule 5,196
established under division (B) of this section, who have been 5,197
disabled due to illness or accident, or who have been absent from 5,198
the country. Each person holding a certificate to practice under 5,199
this chapter shall be given sufficient choice of continuing 5,200
117
education programs to ensure that the person has had a reasonable 5,201
opportunity to participate in continuing education programs that 5,203
are relevant to the person's medical practice in terms of subject 5,205
matter and level. The
THE board may require a random sample of persons holding a 5,208
certificate to practice under this chapter to submit materials 5,209
documenting completion of the continuing medical education 5,210
requirement during the preceding registration period, but this 5,211
provision shall not limit the board's authority to investigate 5,212
pursuant to section 4731.22 of the Revised Code. 5,213
(B)(1) Every person holding a certificate under this 5,215
chapter to practice medicine and surgery, osteopathic medicine 5,216
and surgery, or podiatry wishing to renew that certificate shall 5,217
apply to the board for a certificate of registration upon an 5,219
application furnished by the board, and pay TO THE BOARD AT THE 5,220
TIME OF APPLICATION a fee of two hundred seventy-five dollars to 5,221
the board, according to the following schedule: 5,222
(a) Persons whose last name begins with the letters "A" 5,224
through "B," on or before April 1, 2001, and the first day of 5,225
April of every odd-numbered year thereafter; 5,226
(b) Persons whose last name begins with the letters "C" 5,228
through "D," on or before January 1, 2001, and the first day of 5,229
January of every odd-numbered year thereafter; 5,230
(c) Persons whose last name begins with the letters "E" 5,233
through "G," on or before October 1, 2000, and the first day of 5,236
October of every even-numbered year thereafter; 5,237
(d) Persons whose last name begins with the letters "H" 5,240
through "K," on or before July 1, 2000, and the first day of July 5,243
of every even-numbered year thereafter; 5,244
(e) Persons whose last name begins with the letters "L" 5,247
through "M," on or before April 1, 2000, and the first day of 5,250
April of every even-numbered year thereafter; 5,251
(f) Persons whose last name begins with the letters "N" 5,254
through "R," on or before January 1, 2000, and the first day of 5,257
118
January of every even-numbered year thereafter; 5,258
(g) Persons whose last name begins with the letter "S," on 5,261
or before October 1, 1999, and the first day of October of every 5,263
odd-numbered year thereafter; 5,264
(h) Persons whose last name begins with the letters "T" 5,267
through "Z," on or before July 1, 1999, and the first day of July 5,268
of every odd-numbered year thereafter. 5,269
The board shall deposit the fee in accordance with section 5,272
4731.24 of the Revised Code, except that, until July 30, 2001, 5,274
the board shall deposit twenty dollars of the fee into the state 5,275
treasury to the credit of the physician loan repayment fund 5,276
created by section 3702.78 of the Revised Code. 5,277
The board shall assess a penalty of twenty-five dollars for 5,280
late applications. The board shall deposit penalties in 5,281
accordance with section 4731.24 of the Revised Code. 5,282
(2) The board shall mail or cause to be mailed to every 5,285
person registered to practice medicine and surgery, osteopathic 5,286
medicine and surgery, or podiatry, an application for 5,287
registration addressed to the PERSON'S last known post-office 5,288
address of such person or may cause such THE application to be 5,290
sent to such THE person through the secretary of any recognized 5,292
medical, osteopathic, or podiatric society, according to the 5,294
following schedule:
(a) To persons whose last name begins with the letters "A" 5,296
through "B," on or before January 1, 2001, and the first day of 5,298
January of every odd-numbered year thereafter; 5,299
(b) To persons whose last name begins with the letters "C" 5,302
through "D," on or before October 1, 2000, and the first day of 5,305
October of every even-numbered year thereafter; 5,306
(c) To persons whose last name begins with the letters "E" 5,309
through "G," on or before July 1, 2000, and the first day of July 5,312
of every even-numbered year thereafter; 5,313
(d) To persons whose last name begins with the letters "H" 5,316
through "K," on or before April 1, 2000, and the first day of 5,319
119
April of every even-numbered year thereafter; 5,320
(e) To persons whose last name begins with the letters "L" 5,323
through "M," on or before January 1, 2000, and the first day of 5,326
January of every even-numbered year thereafter; 5,327
(f) To persons whose last name begins with the letters "N" 5,330
through "R," on or before October 1, 1999, and the first day of 5,333
October of every odd-numbered year thereafter; 5,334
(g) To persons whose last name begins with the letter "S," 5,337
on or before July 1, 1999, and the first day of July of every 5,339
odd-numbered year thereafter; 5,340
(h) To persons whose last name begins with the letters "T" 5,343
through "Z," on or before April 1, 1999, and the first day of 5,346
April of every odd-numbered year thereafter. 5,347
Failure of any person to receive an application from the 5,350
board shall not excuse the person from the requirements contained 5,351
in this section. The application shall contain proper spaces for 5,352
the applicant's signature and the insertion of the required 5,353
information, including a statement that the person has fulfilled 5,355
the continuing education requirements imposed by this section. 5,356
The applicant shall write or cause to be written upon the 5,358
application so furnished the applicant's full name, principal 5,360
practice address and residence address, the number of the 5,362
applicant's certificate to practice, and any other facts for the 5,364
identification of the applicant as a person holding a certificate 5,365
to practice under this chapter as the board considers necessary. 5,366
The applicant shall include with the application a list of the 5,367
names and addresses of any clinical nurse specialists, certified 5,368
nurse-midwives, or certified nurse practitioners with whom the 5,369
applicant is currently collaborating, as defined in section 5,370
4723.02 of the Revised Code. The applicant shall execute and 5,373
deliver the application to the board by mail or in person. Every 5,374
person registered under this section shall give written notice to 5,375
the board of any change of principal practice address or 5,376
residence address or in the list within thirty days of the 5,377
120
change.
The applicant shall report any criminal offense that 5,379
constitutes grounds for refusal of registration under section 5,380
4731.22 of the Revised Code TO WHICH THE APPLICANT HAS PLEADED 5,381
GUILTY, of which the applicant has been found guilty, or to which 5,384
the applicant has entered a plea of guilty or no contest FOR 5,385
WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE FOR TREATMENT IN LIEU 5,386
OF CONVICTION, since the LAST signing of the applicant's latest 5,387
preceding AN application for a certificate to practice medicine 5,389
or surgery OF REGISTRATION.
(C) The board shall issue to any person holding a 5,391
certificate under this chapter to practice medicine and surgery, 5,392
osteopathic medicine and surgery, or podiatry, upon application 5,393
and qualification therefor in accordance with this section, a 5,394
certificate of registration under the seal of the board. Such A 5,395
certificate OF REGISTRATION shall be valid for a two-year period, 5,396
commencing on the first day of the third month after the 5,398
registration fee is due and expiring on the last day of the month 5,400
two years thereafter. 5,401
The board shall publish and cause to be mailed to each 5,405
person registered under this section, upon request, a printed 5,406
list of the persons so registered.
(D) Failure of any certificate holder to register and 5,408
comply with this section shall operate automatically to suspend 5,409
the holder's certificate to practice, and the continued. 5,411
CONTINUED practice after the suspension of the certificate to 5,413
practice shall be considered as practicing without a license IN 5,414
VIOLATION OF SECTION 4731.41, 4731.43, OR 4731.60 OF THE REVISED 5,415
CODE. A SUBJECT TO SECTION 4731.222 OF THE REVISED CODE, THE 5,416
BOARD SHALL REINSTATE A certificate to practice suspended for 5,418
less than two years for failure to register shall be reinstated 5,419
by the board upon AN APPLICANT'S submission of the current and 5,420
delinquent BIENNIAL registration fees FEE, the twenty-five-dollar 5,422
APPLICABLE MONETARY penalty for late applications, and 5,423
121
certification by signature of the applicant that the applicant 5,424
has completed the requisite continuing medical education. THE 5,425
PENALTY FOR REINSTATEMENT SHALL BE FIFTY DOLLARS IF THE 5,427
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND ONE 5,428
HUNDRED DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE
THAN TWO YEARS. THE BOARD SHALL DEPOSIT THE PENALTIES IN 5,429
ACCORDANCE WITH SECTION 4731.24 OF THE REVISED CODE. 5,431
(E) IF AN INDIVIDUAL CERTIFIES COMPLETION OF THE NUMBER OF 5,433
HOURS AND TYPE OF CONTINUING MEDICAL EDUCATION REQUIRED TO 5,435
RECEIVE A CERTIFICATE OF REGISTRATION OR REINSTATEMENT OF A 5,436
CERTIFICATE TO PRACTICE, AND THE BOARD FINDS THROUGH THE RANDOM 5,437
SAMPLES IT CONDUCTS UNDER THIS SECTION OR THROUGH ANY OTHER MEANS 5,438
THAT THE INDIVIDUAL DID NOT COMPLETE THE REQUISITE CONTINUING 5,439
MEDICAL EDUCATION, THE BOARD MAY IMPOSE A CIVIL PENALTY OF NOT 5,440
MORE THAN FIVE THOUSAND DOLLARS. THE BOARD'S FINDING SHALL BE 5,441
MADE PURSUANT TO AN ADJUDICATION UNDER CHAPTER 119. OF THE 5,443
REVISED CODE AND BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX 5,444
MEMBERS.
A CIVIL PENALTY IMPOSED UNDER THIS DIVISION MAY BE IN 5,446
ADDITION TO OR IN LIEU OF ANY OTHER ACTION THE BOARD MAY TAKE 5,447
UNDER SECTION 4731.22 OF THE REVISED CODE. THE BOARD SHALL 5,449
DEPOSIT CIVIL PENALTIES IN ACCORDANCE WITH SECTION 4731.24 OF THE 5,450
REVISED CODE.
(E)(F) The state medical board may obtain information not 5,452
protected by statutory or common law privilege from courts and 5,453
other sources concerning malpractice claims against any person 5,454
holding a certificate to practice under this chapter or 5,455
practicing as provided in section 4731.36 of the Revised Code. 5,456
Sec. 4731.29. (A) When a person licensed to practice 5,465
medicine and surgery or osteopathic medicine and surgery by the 5,466
licensing department of another state, a diplomate of the 5,467
national board of medical examiners or the national board of 5,468
examiners for osteopathic physicians and surgeons, or a 5,469
licentiate of the medical council of Canada wishes to remove to 5,470
122
this state to practice his profession, he THE PERSON shall file 5,472
an application with the state medical board. The board may, in
its discretion, by an affirmative vote of not less than six of 5,473
its members, issue to him a ITS certificate to practice medicine 5,474
and surgery or osteopathic medicine and surgery without requiring 5,475
the applicant to submit to examination, provided he THE APPLICANT 5,476
submits evidence satisfactory to the board that he meets OF 5,478
MEETING the same age, moral character, and educational 5,479
requirements individuals must meet under sections 4731.08, 5,480
4731.09, 4731.091, and 4731.14 of the Revised Code and, if 5,481
applicable, that he demonstrates proficiency in spoken English in 5,482
accordance with division (E) of this section. 5,483
(B) The state medical board shall issue or deny its 5,485
certificate TO PRACTICE within sixty days after the receipt of a 5,486
complete application to practice medicine and surgery, or 5,487
osteopathic medicine and surgery, under division (A) of this 5,488
section. Within thirty days after receipt of an application, the 5,489
state medical board shall provide the applicant with written 5,490
notice, by certified mail, of any information required before an 5,491
application can be considered complete for purposes of this 5,492
section.
(C) If an applicant is under investigation pursuant to 5,494
section 4731.22 of the Revised Code, the state medical board 5,495
shall conclude the investigation within ninety days of receipt of 5,496
a complete application unless extended by written consent of the 5,497
applicant or unless the board determines that a substantial 5,498
question of such a violation OF THIS CHAPTER OR THE RULES ADOPTED 5,499
UNDER IT exists and the board has notified the applicant in 5,500
writing of the reasons for the continuation of the investigation. 5,501
If the board determines that the applicant has IS not violated 5,502
section 4731.22 of the Revised Code IN VIOLATION, it shall issue 5,504
a certificate within forty-five days of that determination.
(D) A fee of three hundred dollars shall be submitted with 5,506
each application for certification under this section. 5,507
123
(E)(1) Except as otherwise provided in this division 5,509
(E)(2) OF THIS SECTION, an applicant licensed to practice 5,510
medicine and surgery or osteopathic medicine and surgery by the 5,512
licensing department of another state who received that license 5,513
based in part on certification from the educational commission 5,514
for foreign medical graduates shall demonstrate proficiency in 5,515
spoken English if he THE APPLICANT fulfilled the undergraduate 5,516
requirements for a certificate issued under this section at an 5,518
institution outside the United States. The applicant may 5,519
demonstrate such proficiency only in the manner described in 5,520
section 4731.142 of the Revised Code for individuals attempting 5,521
to receive certificates issued under section 4731.14 of the 5,522
Revised Code. An
(2) AN applicant DESCRIBED IN DIVISION (E)(1) OF THIS 5,525
SECTION is not required to demonstrate proficiency in spoken 5,526
English if either of the following apply:
(1)(a) During the five years immediately preceding the 5,528
date of his application, the applicant's license has been 5,529
unrestricted and the applicant has been actively practicing 5,530
medicine and surgery or osteopathic medicine and surgery in the 5,531
United States.
(2)(b) The applicant was required to demonstrate such 5,533
proficiency as a condition of his RECEIVING certification from 5,534
the educational commission for foreign medical graduates. 5,536
Sec. 4731.291. (A) The state medical board may issue, 5,545
without examination, a training certificate to any person who 5,546
wishes AN INDIVIDUAL SEEKING to pursue an internship, residency, 5,547
or clinical fellowship program in this state, WHO DOES NOT HOLD A 5,549
CERTIFICATE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 5,551
MEDICINE OR SURGERY ISSUED UNDER THIS CHAPTER, SHALL APPLY TO THE 5,552
STATE MEDICAL BOARD FOR A TRAINING CERTIFICATE. THE APPLICATION 5,553
SHALL BE MADE ON FORMS THAT THE BOARD SHALL FURNISH AND SHALL BE 5,554
ACCOMPANIED BY AN APPLICATION FEE OF SEVENTY-FIVE DOLLARS. 5,555
(B) An applicant for a training certificate shall furnish 5,557
124
proof satisfactory to the board of all the following: 5,558
(1) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE 5,560
applicant is at least eighteen years of age and is of good moral 5,563
character.
(2) The EVIDENCE SATISFACTORY TO THE BOARD THAT THE 5,565
applicant has been accepted or appointed to participate in this 5,568
state in one of the following:
(a) An internship or residency program accredited by 5,570
either the accreditation council for graduate medical education 5,571
of the American medical association or the American osteopathic 5,572
association; 5,573
(b) A clinical fellowship program at an institution with a 5,575
residency program accredited by either the accreditation council 5,576
for graduate medical education of the American medical 5,577
association or the American osteopathic association that is in a 5,578
clinical field the same as or related to the clinical field of 5,579
the fellowship program. 5,580
The applicant shall indicate; 5,582
(3) INFORMATION IDENTIFYING the beginning and ending dates 5,584
of the period for which the applicant has been accepted or 5,585
appointed to participate in the internship, residency, or 5,587
clinical fellowship program; 5,588
(4) ANY OTHER INFORMATION THAT THE BOARD REQUIRES. 5,590
(C) A (B) IF NO GROUNDS FOR DENYING A CERTIFICATE UNDER 5,592
SECTION 4731.22 OF THE REVISED CODE APPLY, AND THE APPLICANT 5,594
MEETS THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION, THE BOARD 5,595
SHALL ISSUE A TRAINING CERTIFICATE TO THE APPLICANT. THE BOARD 5,596
SHALL NOT REQUIRE AN EXAMINATION AS A CONDITION OF RECEIVING A 5,597
TRAINING CERTIFICATE.
A training certificate issued pursuant to this section 5,599
shall be valid only for the period of one year, but may in the 5,600
discretion of the board and upon application duly made, be 5,601
renewed annually for a maximum of five years. The fee for 5,602
RENEWAL OF a training certificate or any renewal thereof shall be 5,603
125
thirty-five dollars. The 5,604
THE board shall maintain a register of all individuals who 5,608
hold training certificates.
(D)(C) The holder of a valid training certificate shall be 5,610
entitled to perform such acts as may be prescribed by or 5,611
incidental to the holder's internship, residency, or clinical 5,613
fellowship program, but the holder shall not be entitled 5,614
otherwise to engage in the practice of medicine and surgery or
osteopathic medicine and surgery in this state. The holder shall 5,616
limit activities under the certificate to the programs of the 5,617
hospitals or facilities for which the training certificate is 5,618
issued. The holder shall train only under the supervision of the 5,619
physicians responsible for supervision as part of the internship, 5,620
residency, or clinical fellowship program. A training 5,621
certificate may be revoked by the board upon proof, satisfactory 5,622
to the board, that the holder thereof has engaged in practice in 5,623
this state outside the scope of the internship, residency, or 5,624
clinical fellowship program for which the training certificate 5,625
has been issued, or upon proof, satisfactory to the board, that 5,626
the holder thereof has engaged in unethical conduct or that there 5,627
are grounds for action against the holder under section 4731.22 5,628
of the Revised Code.
(E)(D) The board may adopt rules as the board finds 5,630
necessary to effect the purpose of this section. 5,632
Sec. 4731.341. The practice of medicine in all of its 5,642
branches or the treatment of human ailments without the use of 5,645
drugs or medicines and without operative surgery by any person 5,646
not at that time holding a valid and current certificate as 5,650
provided by Chapter 4723., 4725., or 4731. of the Revised Code is 5,651
hereby declared to be inimical to the public welfare and to 5,652
constitute a public nuisance. The attorney general, the 5,653
prosecuting attorney of any county in which the offense was 5,654
committed or the offender resides, the state medical board, or 5,655
any other person having knowledge of a person engaged EITHER 5,656
126
DIRECTLY OR BY COMPLICITY in the practice of medicine without 5,657
having first obtained a certificate to do so pursuant to such 5,658
chapters, may on or after January 1, 1969, in accord with 5,659
provisions of the Revised Code governing injunctions, maintain an 5,660
action in the name of the state to enjoin any person from 5,661
engaging EITHER DIRECTLY OR BY COMPLICITY in the unlawful 5,663
practice of medicine in all of its branches, or the treatment of 5,664
human ailments without the use of drugs or medicines and without 5,665
operative surgery, by applying for an injunction in any court of 5,667
competent jurisdiction. 5,668
Prior to application for such injunction, the secretary of 5,670
the state medical board shall notify the person allegedly engaged 5,671
EITHER DIRECTLY OR BY COMPLICITY in the unlawful practice of 5,672
medicine or any of its branches by registered mail that the 5,674
secretary has received information indicating that this person is 5,675
so engaged. Said person shall answer the secretary within thirty 5,676
days showing that the person is either properly licensed for the 5,678
stated activity or that the person is not in violation of Chapter 5,680
4723. or 4731. of the Revised Code. If the answer is not 5,681
forthcoming within thirty days after notice by the secretary, the 5,683
secretary shall request that the attorney general, the 5,684
prosecuting attorney of the county in which the offense was
committed or the offender resides, or the state medical board 5,685
proceed as authorized in this section. 5,686
Upon the filing of a verified petition in court, the court 5,688
shall conduct a hearing on the petition and shall give the same 5,689
preference to this proceeding as is given all proceedings under 5,690
Chapter 119. of the Revised Code, irrespective of the position of 5,693
the proceeding on the calendar of the court.
Such injunction proceedings shall be in addition to, and 5,695
not in lieu of, all penalties and other remedies provided in 5,696
Chapters 4723. and 4731. of the Revised Code. 5,697
Sec. 4731.41. No person shall practice medicine or AND 5,707
surgery, or any of its branches, without a THE APPROPRIATE 5,709
127
certificate from the state medical board; no TO ENGAGE IN THE 5,710
PRACTICE. NO person shall advertise or announce himself as CLAIM 5,711
TO THE PUBLIC TO BE a practitioner of medicine or AND surgery, or 5,712
any of its branches, without a certificate from the board; no. 5,713
NO person not being a licensee shall open or conduct an office or 5,714
other place for such practice without a certificate from the 5,715
board; no. NO person shall conduct an office in the name of some 5,716
person who has a certificate to practice medicine or AND surgery, 5,717
or any of its branches; and no. NO person shall practice 5,718
medicine or AND surgery, or any of its branches, after a THE 5,720
PERSON'S certificate has been revoked, or, if suspended, during 5,721
the time of such suspension. Any person licensed as a cosmetic 5,722
therapist and holding a certificate issued by the state medical 5,723
board pursuant to Chapter 4731. of the Revised Code may advertise 5,724
and offer the service of cosmetic therapy and conduct an office 5,725
for the practice thereof under such rules and regulations as may 5,726
be prescribed by the state medical board. Section 1701.03 of the 5,727
Revised Code is not applicable to the practice of cosmetic 5,728
therapy, except that no corporation shall be licensed to practice 5,729
cosmetic therapy.
A certificate signed by the secretary OF THE BOARD to which 5,731
is affixed the official seal of the board to the effect that it 5,732
appears from the records of the board that no such certificate to 5,733
practice medicine or AND surgery, or any of its branches, in the 5,734
THIS state has been issued to any such THE person specified 5,736
therein, or that a certificate TO PRACTICE, if issued, has been 5,737
revoked or suspended, shall be received as prima-facie evidence 5,738
of the record of such THE board in any court or before any 5,740
officer of the state.
Sec. 4731.61. The certificate of a podiatrist may be 5,749
revoked, limited, or suspended; the holder of a certificate may 5,751
be placed on probation or reprimanded; or an applicant may be 5,753
refused registration or reinstatement for violations of section 5,755
4731.22 or sections 4731.51 to 4731.60 of the Revised Code by a 5,757
128
AN AFFIRMATIVE vote of not less than six members of the state 5,758
medical board. 5,759
This section does not preclude the application to, or limit 5,761
the operation or effect upon, podiatrists of other sections of 5,763
Chapter 4731. of the Revised Code. 5,765
Sec. 4731.98. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 5,768
STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT
OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE 5,770
BOARD'S REPRESENTATIVE, AN EMPLOYEE OF THE BOARD, OR A PROVIDER 5,771
OF EDUCATIONAL AND ASSESSMENT SERVICES SELECTED BY THE BOARD FOR 5,772
THE QUALITY INTERVENTION PROGRAM SHALL NOT BE HELD LIABLE IN 5,773
DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, OMISSION, 5,774
PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL DUTIES 5,775
UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY SUCH 5,777
PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR 5,779
ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR 5,780
DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE 5,781
REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND 5,782
THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 5,783
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 5,784
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 5,785
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 5,786
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 5,787
DAMAGES.
Sec. 4731.99. (A) Whoever violates section 4731.41 or, 5,796
4731.43, OR 4731.60 of the Revised Code is guilty of a 5,797
misdemeanor FELONY of the first FIFTH degree on a first offense 5,799
and a felony of the fifth FOURTH degree on each subsequent 5,800
offense.
(B) Whoever violates section 4731.49, 4731.50, 4731.60, or 5,802
4731.81 of the Revised Code is guilty of a misdemeanor of the 5,803
fourth degree on a first offense and a misdemeanor of the first 5,804
degree on each subsequent offense. 5,805
(C) Whoever violates section 4731.46 or 4731.47 of the 5,807
129
Revised Code is guilty of a felony of the fifth degree. 5,808
(D) Whoever violates section 4731.48 of the Revised Code 5,810
is guilty of a misdemeanor of the fourth degree. 5,811
(E) Whoever violates division (A), (B), (C), or (D) of 5,813
section 4731.224 of the Revised Code is guilty of a minor 5,814
misdemeanor on a first offense and a misdemeanor of the fourth 5,815
degree on each subsequent offense, except that an individual 5,818
guilty of a subsequent offense shall not be subject to 5,819
imprisonment, but to a fine alone of up to one thousand dollars 5,820
for each offense.
Sec. 4773.01. As used in this chapter: 5,829
(A) "General x-ray machine operator" means an individual 5,831
who performs standard, diagnostic, radiologic procedures; whose 5,832
performance of radiologic procedures is limited to specific body 5,833
sites; and who does not, to any significant degree, determine the 5,834
site or dosage of radiation to which a patient is exposed. 5,835
(B) "Chiropractor" means an individual licensed under 5,837
Chapter 4734. of the Revised Code to practice chiropractic. 5,838
(C) "Ionizing radiation" means any electromagnetic or 5,840
particulate radiation that interacts with atoms to produce 5,841
ionization in matter, including x-rays, gamma rays, alpha and 5,842
beta particles, high speed electrons, neutrons, and other nuclear 5,843
particles. 5,844
(D) "Physician" means an individual who holds a 5,846
certificate issued under Chapter 4731. of the Revised Code 5,847
authorizing him THE INDIVIDUAL to practice medicine and surgery 5,848
or osteopathic medicine and surgery. 5,849
(E) "Podiatrist" means an individual who holds a 5,851
certificate issued under Chapter 4731. of the Revised Code 5,852
authorizing him THE INDIVIDUAL to practice podiatry. 5,853
(F) "Nuclear medicine technologist" means an individual 5,855
who prepares and administers radio-pharmaceuticals to human 5,856
beings and conducts in vivo or in vitro detection and measurement 5,857
of radioactivity for medical purposes. 5,858
130
(G) "Radiation therapy technologist" means an individual 5,860
who utilizes ionizing radiation-generating equipment for 5,861
therapeutic purposes on human subjects. 5,862
(H) "Radiographer" means an individual who performs a 5,864
comprehensive scope of diagnostic radiologic procedures employing 5,865
equipment that emits ionizing radiation, exposes radiographs, and 5,866
performs other procedures that contribute significantly to 5,867
determining the site or dosage of ionizing radiation to which a 5,868
patient is exposed. 5,869
(I) "Mechanotherapist" means an individual who holds a 5,871
certificate issued under section 4731.151 4731.15 of the Revised 5,873
Code authorizing him THE INDIVIDUAL to practice mechanotherapy. 5,874
Sec. 5123.61. (A) As used in this section: 5,883
(1) "Mentally retarded or developmentally disabled adult" 5,885
means a person who is eighteen years of age or older and is a 5,886
mentally retarded or developmentally disabled person. 5,887
(2) "Law enforcement agency" means the state highway 5,889
patrol, the police department of a municipal corporation, or a 5,890
county sheriff. 5,891
(B) The department of mental retardation and developmental 5,893
disabilities shall establish a registry office for the purpose of 5,894
maintaining reports of abuse and neglect made to the department 5,895
under this section and reports received from county boards of 5,896
mental retardation and developmental disabilities under section 5,897
5126.31 of the Revised Code. 5,898
(C)(1) Any person listed in division (C)(2) of this 5,900
section, having reason to believe that a mentally retarded or 5,901
developmentally disabled adult has suffered any wound, injury, 5,902
disability, or condition of such a nature as to reasonably 5,903
indicate abuse or neglect of that adult, shall immediately report 5,904
or cause reports to be made of such information to a law 5,905
enforcement agency or to the county board of mental retardation 5,906
and developmental disabilities, except that if the report 5,907
concerns a resident of a facility operated by the department of 5,908
131
mental retardation and developmental disabilities the report 5,909
shall be made either to a law enforcement agency or to the 5,910
department. 5,911
(2) All of the following persons are required to make a 5,913
report under division (C)(1) of this section: 5,914
(a) Any physician, including a hospital intern or 5,916
resident, any dentist, podiatrist, chiropractor, practitioner of 5,917
a limited branch of medicine or surgery as defined SPECIFIED in 5,919
section 4731.15 of the Revised Code, hospital administrator or 5,920
employee of a hospital, nurse licensed under Chapter 4723. of the 5,921
Revised Code, employee of an ambulatory health facility as 5,922
defined in section 5101.61 of the Revised Code, employee of a 5,923
home health agency, employee of an adult care facility licensed 5,924
under Chapter 3722. OF THE Revised Code, or employee of a 5,925
community mental health facility; 5,926
(b) Any school teacher or school authority, social worker, 5,928
psychologist, attorney, peace officer, coroner, clergyman, or 5,929
residents' rights advocate as defined in section 3721.10 of the 5,930
Revised Code; 5,931
(c) A superintendent, board member, or employee of a 5,933
county board of mental retardation and developmental 5,934
disabilities; an administrator, board member, or employee of a 5,935
residential facility licensed under section 5123.19 of the 5,936
Revised Code; or an administrator, board member, or employee of 5,937
any other public or private provider of services to a mentally 5,938
retarded or developmentally disabled adult; 5,939
(d) A member of a citizen's advisory council established 5,941
at an institution or branch institution of the department of 5,942
mental retardation and developmental disabilities under section 5,943
5123.092 of the Revised Code; 5,944
(e) A person who, while acting in an official or 5,946
professional capacity, renders spiritual treatment through prayer 5,948
in accordance with the tenets of an organized religion.
(3) The reporting requirements of this division do not 5,950
132
apply to members of the legal rights service commission or to 5,951
employees of the legal rights service. 5,952
(D) The reports required under division (C) of this 5,954
section shall be made forthwith by telephone or in person and 5,955
shall be followed by a written report. The reports shall contain 5,956
the following: 5,957
(1) The names and addresses of the mentally retarded or 5,959
developmentally disabled adult and the adult's custodian, if 5,960
known;
(2) The mentally retarded or developmentally disabled 5,962
adult's age and the nature and extent of the adult's injuries or 5,963
physical neglect, including any evidence of previous injuries or 5,964
physical neglect; 5,965
(3) Any other information which might be helpful in 5,967
establishing the cause of the injury, abuse, or physical neglect. 5,968
(E) When a physician performing services as a member of 5,970
the staff of a hospital or similar institution has reason to 5,971
believe that a mentally retarded or developmentally disabled 5,972
adult has suffered injury, abuse, or physical neglect, the 5,973
physician shall notify the person in charge of the institution or 5,974
that person's designated delegate, who shall make the necessary 5,975
reports.
(F) Any person having reasonable cause to believe that a 5,977
mentally retarded or developmentally disabled adult has suffered 5,978
abuse or neglect may report the belief, or cause a report to be 5,979
made, to a law enforcement agency or the county board of mental 5,980
retardation and developmental disabilities, or, if the adult is a 5,981
resident of a facility operated by the department of mental 5,982
retardation and developmental disabilities, to a law enforcement 5,983
agency or to the department. 5,984
(G)(1) Upon the receipt of a report concerning the 5,986
possible nonaccidental infliction of a physical injury upon a 5,987
mentally retarded or developmentally disabled adult, the law 5,988
enforcement agency shall inform the county board of mental 5,989
133
retardation and developmental disabilities or, if the adult is a 5,990
resident of a facility operated by the department of mental 5,991
retardation and developmental disabilities, the director of the 5,992
department or the director's designee. 5,993
(2) On receipt of a report under this section, the 5,995
department of mental retardation and developmental disabilities 5,996
shall notify the law enforcement agency. 5,997
(3) When a county board of mental retardation and 5,999
developmental disabilities receives a report under this section, 6,000
the superintendent of the board or an individual the 6,001
superintendent designates under division (H) of this section 6,003
shall notify the law enforcement agency and the department of 6,004
mental retardation and developmental disabilities. 6,005
(H) The superintendent of the board may designate an 6,007
individual to be responsible for notifying the law enforcement 6,008
agency and the department when the county board receives a report 6,009
under this section. 6,010
(I) A mentally retarded or developmentally disabled adult 6,012
about whom a report is made may be removed from the adult's place 6,013
of residence only by law enforcement officers who consider that 6,014
the adult's immediate removal is essential to protect the adult 6,015
from further injury or abuse or in accordance with the order of a 6,016
court made pursuant to section 5126.33 of the Revised Code. 6,017
(J) A law enforcement agency shall investigate each report 6,019
of abuse or neglect made under this section. In addition, the 6,020
department, in cooperation with law enforcement officials, shall 6,021
investigate each report regarding a resident of a facility 6,022
operated by the department to determine the circumstances 6,023
surrounding the injury, the cause of the injury, and the person 6,024
responsible. The department shall determine, with the registry 6,025
office which shall be maintained by the department, whether prior 6,026
reports have been made concerning the mentally retarded or 6,027
developmentally disabled adult or other principals in the case. 6,028
The department shall submit a report of its investigation, in 6,029
134
writing, to the law enforcement agency, and with the consent of 6,030
the adult, shall provide such protective services as are 6,031
necessary to protect the adult. The law enforcement agency shall 6,032
make a written report of its findings to the department. 6,033
If the adult is not a resident of a facility operated by 6,035
the department, the county board of mental retardation and 6,036
developmental disabilities shall review the report of abuse or 6,037
neglect in accordance with sections 5126.30 to 5126.33 of the 6,038
Revised Code and the law enforcement agency shall make the 6,039
written report of its findings to the county board. 6,040
(K) Any person or any hospital, institution, school, 6,042
health department, or agency participating in the making of 6,043
reports pursuant to this section, any person participating as a 6,044
witness in an administrative or judicial proceeding resulting 6,045
from the reports, or any person or governmental entity that 6,046
discharges responsibilities under sections 5126.31 to 5126.33 of 6,047
the Revised Code shall be immune from any civil or criminal 6,048
liability that might otherwise be incurred or imposed as a result 6,049
of such actions except liability for perjury, unless the person 6,050
or governmental entity has acted in bad faith or with malicious 6,051
purpose. 6,052
(L) No employer or any person with the authority to do so 6,054
shall discharge, demote, transfer, prepare a negative work 6,055
performance evaluation, reduce pay or benefits, terminate work 6,056
privileges, or take any other action detrimental to an employee 6,057
or retaliate against an employee as a result of the employee's 6,058
having made a report under this section. This division does not 6,059
preclude an employer or person with authority from taking action 6,060
with regard to an employee who has made a report under this 6,061
section if there is another reasonable basis for the action. 6,062
(M) Reports made under this section are not public records 6,064
as defined in section 149.43 of the Revised Code. Information 6,065
contained in the reports on request shall be made available to 6,066
the adult who is the subject of the report, to the adult's legal 6,067
135
counsel, and to agencies authorized to receive information in the 6,069
report by the department or by a county board of mental 6,070
retardation and developmental disabilities. 6,071
(N) Notwithstanding section 4731.22 of the Revised Code, 6,073
the physician-patient privilege shall not be a ground for 6,074
excluding evidence regarding a mentally retarded or 6,075
developmentally disabled adult's injuries or physical neglect or 6,076
the cause thereof in any judicial proceeding resulting from a 6,077
report submitted pursuant to this section. 6,078
Section 2. That existing sections 109.79, 119.12, 121.22, 6,080
503.41, 1785.01, 2151.421, 2317.02, 2925.01, 4713.01, 4713.12, 6,082
4713.14, 4730.10, 4730.12, 4730.25, 4730.26, 4730.27, 4730.31, 6,083
4730.32, 4730.34, 4731.08, 4731.13, 4731.142, 4731.15, 4731.151, 6,084
4731.16, 4731.17, 4731.18, 4731.19, 4731.20, 4731.22, 4731.221, 6,085
4731.222, 4731.223, 4731.224, 4731.225, 4731.25, 4731.281, 6,086
4731.29, 4731.291, 4731.341, 4731.41, 4731.61, 4731.99, 4773.01, 6,087
and 5123.61 of the Revised Code are hereby repealed. 6,088
Section 3. Section 2151.421 of the Revised Code is 6,090
presented in this act as a composite of the section as amended by 6,091
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 6,092
Assembly, with the new language of neither of the acts shown in 6,094
capital letters. Section 2317.02 of the Revised Code is 6,095
presented in this act as a composite of the section as amended by 6,096
both Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General 6,097
Assembly, with the new language of neither of the acts shown in 6,099
capital letters. Section 2925.01 of the Revised Code is 6,100
presented in this act as a composite of the section as amended by 6,101
both Am. Sub. S.B. 66 and Am. S.B. 117 of the 122nd General 6,103
Assembly, with the new language of neither of the acts shown in 6,104
capital letters. This is in recognition of the principle stated 6,106
in division (B) of section 1.52 of the Revised Code that such 6,107
amendments are to be harmonized where not substantively 6,108
irreconcilable and constitutes a legislative finding that such is 6,109
the resulting version in effect prior to the effective date of 6,110
136
this act.