As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 341 6
1999-2000 7
REPRESENTATIVES SCHURING-VAN VYVEN-OGG-HOLLISTER-PADGETT- 9
JONES-NETZLEY-SCHULER-SULLIVAN-ALLEN-MAIER-SMITH-PATTON-BARRETT- 10
SENATORS DRAKE-SPADA-KEARNS 11
_________________________________________________________________ 13
A B I L L
To amend sections 4731.051, 4731.07, 4731.22, 15
4731.221, 4731.223, 4731.224, 4731.24, 4731.25, 16
4731.281, and 4731.36 and to enact sections 17
4762.01, 4762.02, 4762.03, 4762.04, 4762.05, 18
4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 19
4762.12, 4762.13, 4762.131, 4762.132, 4762.14,
4762.15, 4762.16, 4762.17, 4762.18, 4762.19, 21
4762.20, 4762.21, and 4762.99 of the Revised Code
regarding the practice of acupuncture and the 22
State Medical Board's authority to regulate 23
acupuncturists and physicians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 4731.051, 4731.07, 4731.22, 27
4731.221, 4731.223, 4731.224, 4731.24, 4731.25, 4731.281, and 28
4731.36 be amended and sections 4762.01, 4762.02, 4762.03, 30
4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 4762.11, 31
4762.12, 4762.13, 4762.131, 4762.132, 4762.14, 4762.15, 4762.16, 32
4762.17, 4762.18, 4762.19, 4762.20, 4762.21, and 4762.99 of the 33
Revised Code be enacted to read as follows: 34
Sec. 4731.051. The state medical board shall adopt rules 43
in accordance with Chapter 119. of the Revised Code establishing 45
universal blood and body fluid precautions that shall be used by 47
each person who performs exposure prone invasive procedures and 49
2
is authorized to practice by this chapter or Chapter 4730. OR 50
4762. of the Revised Code. The rules shall define and establish 51
requirements for universal blood and body fluid precautions that 53
include the following:
(A) Appropriate use of hand washing; 55
(B) Disinfection and sterilization of equipment; 57
(C) Handling and disposal of needles and other sharp 59
instruments;
(D) Wearing and disposal of gloves and other protective 61
garments and devices.
Sec. 4731.07. The state medical board shall keep a record 70
of its proceedings. It shall also keep a register of applicants 71
for certificates, showing OF REGISTRATION ISSUED UNDER THIS 72
CHAPTER, CHAPTER 4730. OF THE REVISED CODE, AND CHAPTER 4762. OF 73
THE REVISED CODE. THE REGISTER SHALL SHOW the name of the 75
applicant, the name and location of the institution granting him 76
the degree of doctor of medicine or surgery or the degree of 77
doctor of osteopathy or surgery, and whether he THE APPLICANT was 79
granted or refused a certificate. WITH RESPECT TO APPLICANTS TO 82
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND 83
SURGERY, THE REGISTER SHALL SHOW THE NAME OF THE INSTITUTION THAT
GRANTED THE APPLICANT THE DEGREE OF DOCTOR OF MEDICINE OR 84
OSTEOPATHIC MEDICINE. The booksand BOOKS AND records of the 85
board shall be prima-facie evidence of matters therein contained. 89
Sec. 4731.22. (A) The state medical board, by an 99
affirmative vote of not fewer than six of its members, may revoke 100
or may refuse to grant a certificate to a person found by the 101
board to have committed fraud during the administration of the 102
examination for a certificate to practice or to have committed 104
fraud, misrepresentation, or deception in applying for or 105
securing any certificate to practice or certificate of
registration issued by the board. 106
(B) The board, by an affirmative vote of not fewer than 109
six members, shall, to the extent permitted by law, limit, 110
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revoke, or suspend an individual's certificate to practice, 112
refuse to register an individual, refuse to reinstate a 113
certificate, or reprimand or place on probation the holder of a 115
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 117
or certificate of registration to be used by a person, group, or 119
corporation when the individual concerned is not actually 120
directing the treatment given; 121
(2) Failure to maintain minimal standards applicable to 124
the selection or administration of drugs, or failure to employ 125
acceptable scientific methods in the selection of drugs or other 126
modalities for treatment of disease; 127
(3) Selling, giving away, personally furnishing, 129
prescribing, or administering drugs for other than legal and 130
legitimate therapeutic purposes or a plea of guilty to, a 131
judicial finding of guilt of, or a judicial finding of 132
eligibility for treatment INTERVENTION in lieu of conviction of, 134
a violation of any federal or state law regulating the
possession, distribution, or use of any drug; 135
(4) Willfully betraying a professional confidence. 137
For purposes of this division, "willfully betraying a 139
professional confidence" does not include the making of a report 140
of an employee's use of a drug of abuse, or a report of a 141
condition of an employee other than one involving the use of a 142
drug of abuse, to the employer of the employee as described in 143
division (B) of section 2305.33 of the Revised Code. Nothing in 145
this division affects the immunity from civil liability conferred 147
by that section upon a physician who makes either type of report 148
in accordance with division (B) of that section. As used in this 149
division, "employee," "employer," and "physician" have the same 150
meanings as in section 2305.33 of the Revised Code. 151
(5) Making a false, fraudulent, deceptive, or misleading 154
statement in the solicitation of or advertising for patients; in 156
relation to the practice of medicine and surgery, osteopathic 157
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medicine and surgery, podiatry, or a limited branch of medicine; 158
or in securing or attempting to secure any certificate to 160
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 162
misleading statement" means a statement that includes a 163
misrepresentation of fact, is likely to mislead or deceive 164
because of a failure to disclose material facts, is intended or 165
is likely to create false or unjustified expectations of 166
favorable results, or includes representations or implications 167
that in reasonable probability will cause an ordinarily prudent 168
person to misunderstand or be deceived. 169
(6) A departure from, or the failure to conform to, 171
minimal standards of care of similar practitioners under the same 172
or similar circumstances, whether or not actual injury to a 173
patient is established; 174
(7) Representing, with the purpose of obtaining 176
compensation or other advantage as personal gain or for any other 178
person, that an incurable disease or injury, or other incurable 179
condition, can be permanently cured; 180
(8) The obtaining of, or attempting to obtain, money or 182
anything of value by fraudulent misrepresentations in the course 183
of practice; 184
(9) A plea of guilty to, a judicial finding of guilt of, 187
or a judicial finding of eligibility for treatment INTERVENTION 188
in lieu of conviction for, a felony; 189
(10) Commission of an act that constitutes a felony in 191
this state, regardless of the jurisdiction in which the act was 192
committed; 193
(11) A plea of guilty to, a judicial finding of guilt of, 196
or a judicial finding of eligibility for treatment INTERVENTION 197
in lieu of conviction for, a misdemeanor committed in the course 198
of practice;
(12) Commission of an act in the course of practice that 200
constitutes a misdemeanor in this state, regardless of the 202
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jurisdiction in which the act was committed; 203
(13) A plea of guilty to, a judicial finding of guilt of, 206
or a judicial finding of eligibility for treatment INTERVENTION 207
in lieu of conviction for, a misdemeanor involving moral 208
turpitude;
(14) Commission of an act involving moral turpitude that 210
constitutes a misdemeanor in this state, regardless of the 212
jurisdiction in which the act was committed; 213
(15) Violation of the conditions of limitation placed by 215
the board upon a certificate to practice; 216
(16) Failure to pay license renewal fees specified in this 218
chapter; 219
(17) Except as authorized in section 4731.31 of the 221
Revised Code, engaging in the division of fees for referral of 223
patients, or the receiving of a thing of value in return for a 224
specific referral of a patient to utilize a particular service or 225
business;
(18) Subject to section 4731.226 of the Revised Code, 227
violation of any provision of a code of ethics of the American 229
medical association, the American osteopathic association, the 230
American podiatric medical association, or any other national 231
professional organizations that the board specifies by rule. The 233
state medical board shall obtain and keep on file current copies 234
of the codes of ethics of the various national professional 235
organizations. The individual whose certificate is being 236
suspended or revoked shall not be found to have violated any 238
provision of a code of ethics of an organization not appropriate 239
to the individual's profession. 240
For purposes of this division, a "provision of a code of 243
ethics of a national professional organization" does not include 244
any provision that would preclude the making of a report by a 245
physician of an employee's use of a drug of abuse, or of a 246
condition of an employee other than one involving the use of a 247
drug of abuse, to the employer of the employee as described in
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division (B) of section 2305.33 of the Revised Code. Nothing in 249
this division affects the immunity from civil liability conferred 250
by that section upon a physician who makes either type of report 251
in accordance with division (B) of that section. As used in this 252
division, "employee," "employer," and "physician" have the same 253
meanings as in section 2305.33 of the Revised Code. 254
(19) Inability to practice according to acceptable and 256
prevailing standards of care by reason of mental illness or 257
physical illness, including, but not limited to, physical 258
deterioration that adversely affects cognitive, motor, or 259
perceptive skills. 260
In enforcing this division, the board, upon a showing of a 263
possible violation, may compel any individual authorized to 264
practice by this chapter or who has submitted an application 266
pursuant to this chapter to submit to a mental examination, 268
physical examination, including an HIV test, or both a mental and 270
a physical examination. The expense of the examination is the 272
responsibility of the individual compelled to be examined. 273
Failure to submit to a mental or physical examination or consent 274
to an HIV test ordered by the board constitutes an admission of 275
the allegations against the individual unless the failure is due 277
to circumstances beyond the individual's control, and a default 278
and final order may be entered without the taking of testimony or 279
presentation of evidence. If the board finds an individual 280
unable to practice because of the reasons set forth in this 282
division, the board shall require the individual to submit to 283
care, counseling, or treatment by physicians approved or 284
designated by the board, as a condition for initial, continued, 285
reinstated, or renewed authority to practice. An individual 287
affected under this division shall be afforded an opportunity to 289
demonstrate to the board the ability to resume practice in 290
compliance with acceptable and prevailing standards under the 291
provisions of the individual's certificate. For the purpose of 293
this division, any individual who applies for or receives a 294
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certificate to practice under this chapter accepts the privilege 295
of practicing in this state and, by so doing, shall be deemed to 298
have given consent to submit to a mental or physical examination 299
when directed to do so in writing by the board, and to have 300
waived all objections to the admissibility of testimony or 301
examination reports that constitute a privileged communication. 302
(20) Except when civil penalties are imposed under section 304
4731.225 or 4731.281 of the Revised Code, and subject to section 305
4731.226 of the Revised Code, violating or attempting to violate, 307
directly or indirectly, or assisting in or abetting the violation 308
of, or conspiring to violate, any provisions of this chapter or 309
any rule promulgated by the board.
This division does not apply to a violation or attempted 311
violation of, assisting in or abetting the violation of, or a 312
conspiracy to violate, any provision of this chapter or any rule 313
adopted by the board that would preclude the making of a report 316
by a physician of an employee's use of a drug of abuse, or of a 317
condition of an employee other than one involving the use of a 318
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 320
this division affects the immunity from civil liability conferred 321
by that section upon a physician who makes either type of report 322
in accordance with division (B) of that section. As used in this 323
division, "employee," "employer," and "physician" have the same 324
meanings as in section 2305.33 of the Revised Code. 325
(21) The violation of any abortion rule adopted by the 327
public health council pursuant to section 3701.341 of the Revised 328
Code; 329
(22) Any of the following actions taken by the state 331
agency responsible for regulating the practice of medicine and 332
surgery, osteopathic medicine and surgery, podiatry, or the 333
limited branches of medicine in another state JURISDICTION, for 334
any reason other than the nonpayment of fees: the limitation, 336
revocation, or suspension of an individual's license to practice; 337
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acceptance of an individual's license surrender; denial of a 338
license; refusal to renew or reinstate a license; imposition of 340
probation; or issuance of an order of censure or other reprimand; 341
(23) The violation of section 2919.12 of the Revised Code 343
or the performance or inducement of an abortion upon a pregnant 344
woman with actual knowledge that the conditions specified in 345
division (B) of section 2317.56 of the Revised Code have not been 346
satisfied or with a heedless indifference as to whether those 347
conditions have been satisfied, unless an affirmative defense as 348
specified in division (H)(2) of that section would apply in a 349
civil action authorized by division (H)(1) of that section; 350
(24) The revocation, suspension, restriction, reduction, 352
or termination of clinical privileges by the United States 354
department of defense or department of veterans affairs or the 356
termination or suspension of a certificate of registration to 357
prescribe drugs by the drug enforcement administration of the 358
United States department of justice; 359
(25) Termination or suspension from participation in the 361
medicare or medicaid programs by the department of health and 363
human services or other responsible agency for any act or acts 364
that also would constitute a violation of division (B)(2), (3), 365
(6), (8), or (19) of this section; 366
(26) Impairment of ability to practice according to 368
acceptable and prevailing standards of care because of habitual 369
or excessive use or abuse of drugs, alcohol, or other substances 370
that impair ability to practice. 371
For the purposes of this division, any individual 373
authorized to practice by this chapter accepts the privilege of 375
practicing in this state subject to supervision by the board. By 376
filing an application for or holding a certificate to practice 379
under this chapter, an individual shall be deemed to have given 381
consent to submit to a mental or physical examination when 382
ordered to do so by the board in writing, and to have waived all 383
objections to the admissibility of testimony or examination 384
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reports that constitute privileged communications. 385
If it has reason to believe that any individual authorized 387
to practice by this chapter or any applicant for certification to 389
practice suffers such impairment, the board may compel the 390
individual to submit to a mental or physical examination, or 391
both. The expense of the examination is the responsibility of 393
the individual compelled to be examined. Any mental or physical 395
examination required under this division shall be undertaken by a 396
treatment provider or physician who is qualified to conduct the 397
examination and who is chosen by the board. 398
Failure to submit to a mental or physical examination 401
ordered by the board constitutes an admission of the allegations 402
against the individual unless the failure is due to circumstances 403
beyond the individual's control, and a default and final order 404
may be entered without the taking of testimony or presentation of 405
evidence. If the board determines that the individual's ability 406
to practice is impaired, the board shall suspend the individual's 407
certificate or deny the individual's application and shall 408
require the individual, as a condition for initial, continued, 409
reinstated, or renewed certification to practice, to submit to 411
treatment.
Before being eligible to apply for reinstatement of a 413
certificate suspended under this division, the impaired 415
practitioner shall demonstrate to the board the ability to resume 417
practice in compliance with acceptable and prevailing standards 418
of care under the provisions of the practitioner's certificate. 419
The demonstration shall include, but shall not be limited to, the 421
following:
(a) Certification from a treatment provider approved under 423
section 4731.25 of the Revised Code that the individual has 425
successfully completed any required inpatient treatment; 426
(b) Evidence of continuing full compliance with an 428
aftercare contract or consent agreement; 429
(c) Two written reports indicating that the individual's 431
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ability to practice has been assessed and that the individual has 432
been found capable of practicing according to acceptable and 433
prevailing standards of care. The reports shall be made by 434
individuals or providers approved by the board for making the 435
assessments and shall describe the basis for their determination. 436
The board may reinstate a certificate suspended under this 439
division after that demonstration and after the individual has 440
entered into a written consent agreement. 441
When the impaired practitioner resumes practice, the board 443
shall require continued monitoring of the individual. The 445
monitoring shall include, but not be limited to, compliance with 447
the written consent agreement entered into before reinstatement 448
or with conditions imposed by board order after a hearing, and, 449
upon termination of the consent agreement, submission to the 450
board for at least two years of annual written progress reports 451
made under penalty of perjury stating whether the individual has 452
maintained sobriety. 453
(27) A second or subsequent violation of section 4731.66 455
or 4731.69 of the Revised Code; 456
(28) Except as provided in division (N) of this section: 458
(a) Waiving the payment of all or any part of a deductible 461
or copayment that a patient, pursuant to a health insurance or 462
health care policy, contract, or plan that covers the 463
individual's services, otherwise would be required to pay if the 465
waiver is used as an enticement to a patient or group of patients 466
to receive health care services from that individual; 467
(b) Advertising that the individual will waive the payment 470
of all or any part of a deductible or copayment that a patient, 471
pursuant to a health insurance or health care policy, contract, 472
or plan that covers the individual's services, otherwise would be 474
required to pay. 475
(29) Failure to use universal blood and body fluid 477
precautions established by rules adopted under section 4731.051 478
of the Revised Code; 479
11
(30) Failure of a collaborating physician to perform the 482
responsibilities agreed to by the physician in the protocol 483
established between the physician and an advanced practice nurse 484
in accordance with section 4723.56 of the Revised Code; 485
(31) Failure to provide notice to, and receive 487
acknowledgment of the notice from, a patient when required by 489
section 4731.143 of the Revised Code prior to providing 490
nonemergency professional services, or failure to maintain that 491
notice in the patient's file;
(32) Failure of a physician supervising a physician 493
assistant to maintain supervision in accordance with the 494
requirements of Chapter 4730. of the Revised Code and the rules 495
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 497
standard care arrangement with a clinical nurse specialist, 498
certified nurse-midwife, or certified nurse practitioner with 499
whom the physician or podiatrist is in collaboration pursuant to 500
section 4731.27 of the Revised Code and practice in accordance 501
with the arrangement;
(34) Failure to comply with the terms of a consult 503
agreement entered into with a pharmacist pursuant to section 504
4729.39 of the Revised Code; 505
(35) Failure to cooperate in an investigation conducted by 507
the board under division (F) of this section, including failure 509
to comply with a subpoena or order issued by the board or failure 510
to answer truthfully a question presented by the board at a 511
deposition or in written interrogatories, except that failure to 512
cooperate with an investigation shall not constitute grounds for 513
discipline under this section if a court of competent 514
jurisdiction has issued an order that either quashes a subpoena 515
or permits the individual to withhold the testimony or evidence 516
in issue;
(36) FAILURE TO SUPERVISE AN ACUPUNCTURIST IN ACCORDANCE 518
WITH CHAPTER 4762. OF THE REVISED CODE AND THE BOARD'S RULES FOR 519
12
SUPERVISION OF AN ACUPUNCTURIST. 520
(C) Disciplinary actions taken by the board under 522
divisions (A) and (B) of this section shall be taken pursuant to 523
an adjudication under Chapter 119. of the Revised Code, except 524
that in lieu of an adjudication, the board may enter into a 525
consent agreement with an individual to resolve an allegation of 526
a violation of this chapter or any rule adopted under it. A 527
consent agreement, when ratified by an affirmative vote of not 528
fewer than six members of the board, shall constitute the 529
findings and order of the board with respect to the matter 530
addressed in the agreement. If the board refuses to ratify a 531
consent agreement, the admissions and findings contained in the 532
consent agreement shall be of no force or effect. 533
(D) For purposes of divisions (B)(10), (12), and (14) of 535
this section, the commission of the act may be established by a 536
finding by the board, pursuant to an adjudication under Chapter 538
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 541
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 544
The board has jurisdiction under those divisions if the trial 545
court issues an order of dismissal upon technical or procedural 546
grounds.
(E) The sealing of conviction records by any court shall 548
have no effect upon a prior board order entered under this 549
section or upon the board's jurisdiction to take action under 550
this section if, based upon a plea of guilty, a judicial finding 552
of guilt, or a judicial finding of eligibility for treatment 553
INTERVENTION in lieu of conviction, the board issued a notice of 554
opportunity for a hearing prior to the court's order to seal the 555
records. The board shall not be required to seal, destroy, 556
redact, or otherwise modify its records to reflect the court's 557
sealing of conviction records. 558
(F)(1) The board shall investigate evidence that appears 560
13
to show that a person has violated any provision of this chapter 562
or any rule adopted under it. Any person may report to the board
in a signed writing any information that the person may have that 564
appears to show a violation of any provision of this chapter or 565
any rule adopted under it. In the absence of bad faith, any 567
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 569
of the Revised Code shall not be liable in damages in a civil 570
action as a result of the report or testimony. Each complaint or 572
allegation of a violation received by the board shall be assigned 573
a case number and shall be recorded by the board. 574
(2) Investigations of alleged violations of this chapter 576
or any rule adopted under it shall be supervised by the 578
supervising member elected by the board in accordance with 579
section 4731.02 of the Revised Code and by the secretary as 580
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 582
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 584
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 587
or any rule adopted under this chapter, the board may administer 589
oaths, order the taking of depositions, issue subpoenas, and 590
compel the attendance of witnesses and production of books, 591
accounts, papers, records, documents, and testimony, except that 592
a subpoena for patient record information shall not be issued 593
without consultation with the attorney general's office and 594
approval of the secretary and supervising member of the board. 596
Before issuance of a subpoena for patient record information, the 597
secretary and supervising member shall determine whether there is 600
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 601
the records sought are relevant to the alleged violation and 603
material to the investigation. The subpoena may apply only to 604
14
records that cover a reasonable period of time surrounding the 605
alleged violation. 606
On failure to comply with any subpoena issued by the board 609
and after reasonable notice to the person being subpoenaed, the 610
board may move for an order compelling the production of persons 611
or records pursuant to the Rules of Civil Procedure. 612
A subpoena issued by the board may be served by a sheriff, 614
the sheriff's deputy, or a board employee designated by the 615
board. Service of a subpoena issued by the board may be made by 617
delivering a copy of the subpoena to the person named therein, 618
reading it to the person, or leaving it at the person's usual 619
place of residence. When the person being served is a person 620
whose practice is authorized by this chapter, service of the 621
subpoena may be made by certified mail, restricted delivery, 622
return receipt requested, and the subpoena shall be deemed served 623
on the date delivery is made or the date the person refuses to 624
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 626
same fees as a sheriff. Each witness who appears before the 628
board in obedience to a subpoena shall receive the fees and 630
mileage provided for witnesses in civil cases in the courts of 631
common pleas.
(4) All hearings and investigations of the board shall be 633
considered civil actions for the purposes of section 2305.251 of 634
the Revised Code. 635
(5) Information received by the board pursuant to an 637
investigation is confidential and not subject to discovery in any 638
civil action. 639
The board shall conduct all investigations and proceedings 641
in a manner that protects the confidentiality of patients and 643
persons who file complaints with the board. The board shall not 645
make public the names or any other identifying information about 646
patients or complainants unless proper consent is given or, in 647
the case of a patient, a waiver of the patient privilege exists 648
15
under division (B) of section 2317.02 of the Revised Code, except 649
that consent or a waiver of that nature is not required if the 650
board possesses reliable and substantial evidence that no bona 652
fide physician-patient relationship exists. 653
The board may share any information it receives pursuant to 656
an investigation, including patient records and patient record 657
information, with other licensing boards and governmental 658
agencies that are investigating alleged professional misconduct 659
and with law enforcement agencies and other governmental agencies 661
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 662
the same requirements regarding confidentiality as those with 663
which the state medical board must comply, notwithstanding any 664
conflicting provision of the Revised Code or procedure of the 666
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 668
admitted into evidence in a criminal trial in accordance with the 669
Rules of Evidence, but the court shall require that appropriate 670
measures are taken to ensure that confidentiality is maintained 671
with respect to any part of the information that contains names 672
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 673
when the information was in the board's possession. Measures to 674
ensure confidentiality that may be taken by the court include 675
sealing its records or deleting specific information from its 677
records.
(6) On a quarterly basis, the board shall prepare a report 679
that documents the disposition of all cases during the preceding 680
three months. The report shall contain the following information 681
for each case with which the board has completed its activities: 682
(a) The case number assigned to the complaint or alleged 684
violation; 685
(b) The type of certificate to practice, if any, held by 688
the individual against whom the complaint is directed; 689
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(c) A description of the allegations contained in the 691
complaint; 692
(d) The disposition of the case. 694
The report shall state how many cases are still pending and 697
shall be prepared in a manner that protects the identity of each 699
person involved in each case. The report shall be a public 700
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 702
there is clear and convincing evidence that an individual has 704
violated division (B) of this section and that the individual's 705
continued practice presents a danger of immediate and serious 707
harm to the public, they may recommend that the board suspend the 708
individual's certificate to practice without a prior hearing. 710
Written allegations shall be prepared for consideration by the
board. 711
The board, upon review of those allegations and by an 713
affirmative vote of not fewer than six of its members, excluding 715
the secretary and supervising member, may suspend a certificate 716
without a prior hearing. A telephone conference call may be 717
utilized for reviewing the allegations and taking the vote on the 718
summary suspension. 719
The board shall issue a written order of suspension by 721
certified mail or in person in accordance with section 119.07 of 722
the Revised Code. The order shall not be subject to suspension 724
by the court during pendency of any appeal filed under section 725
119.12 of the Revised Code. If the individual subject to the 727
summary suspension requests an adjudicatory hearing by the board, 728
the date set for the hearing shall be within fifteen days, but 729
not earlier than seven days, after the individual requests the 731
hearing, unless otherwise agreed to by both the board and the 732
individual.
Any summary suspension imposed under this division shall 734
remain in effect, unless reversed on appeal, until a final 735
adjudicative order issued by the board pursuant to this section 736
17
and Chapter 119. of the Revised Code becomes effective. The 737
board shall issue its final adjudicative order within sixty days 738
after completion of its hearing. A failure to issue the order 739
within sixty days shall result in dissolution of the summary 740
suspension order but shall not invalidate any subsequent, final 741
adjudicative order. 742
(H) If the board takes action under division (B)(9), (11), 745
or (13) of this section and the judicial finding of guilt, guilty 746
plea, or judicial finding of eligibility for treatment 747
INTERVENTION in lieu of conviction is overturned on appeal, upon 749
exhaustion of the criminal appeal, a petition for reconsideration 750
of the order may be filed with the board along with appropriate 751
court documents. Upon receipt of a petition of that nature and 753
supporting court documents, the board shall reinstate the
individual's certificate to practice. The board may then hold an 755
adjudication under Chapter 119. of the Revised Code to determine 756
whether the individual committed the act in question. Notice of 758
an opportunity for a hearing shall be given in accordance with 759
Chapter 119. of the Revised Code. If the board finds, pursuant 760
to an adjudication held under this division, that the individual 761
committed the act or if no hearing is requested, the board may 763
order any of the sanctions identified under division (B) of this 764
section.
(I) The certificate to practice issued to an individual 766
under this chapter and the individual's practice in this state 768
are automatically suspended as of the date the individual pleads
guilty to, is found by a judge or jury to be guilty of, or is 770
subject to a judicial finding of eligibility for intervention in 771
lieu of conviction in this state or treatment or intervention in 772
lieu of conviction in another state JURISDICTION for any of the 774
following criminal offenses in this state or a substantially 776
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary manslaughter, felonious assault, 778
kidnapping, rape, sexual battery, gross sexual imposition, 779
18
aggravated arson, aggravated robbery, or aggravated burglary. 780
Continued practice after suspension shall be considered 781
practicing without a certificate. 782
The board shall notify the individual subject to the 785
suspension by certified mail or in person in accordance with 786
section 119.07 of the Revised Code. If an individual whose 787
certificate is suspended under this division fails to make a 788
timely request for an adjudication under Chapter 119. of the 789
Revised Code, the board shall enter a final order permanently 790
revoking the individual's certificate to practice. 791
(J) If the board is required by Chapter 119. of the 794
Revised Code to give notice of an opportunity for a hearing and 795
if the individual subject to the notice does not timely request a 796
hearing in accordance with section 119.07 of the Revised Code, 798
the board is not required to hold a hearing, but may adopt, by an 799
affirmative vote of not fewer than six of its members, a final 801
order that contains the board's findings. In that final order, 802
the board may order any of the sanctions identified under 803
division (A) or (B) of this section. 804
(K) Any action taken by the board under division (B) of 806
this section resulting in a suspension from practice shall be 807
accompanied by a written statement of the conditions under which 808
the individual's certificate to practice may be reinstated. The 810
board shall adopt rules governing conditions to be imposed for 811
reinstatement. Reinstatement of a certificate suspended pursuant 812
to division (B) of this section requires an affirmative vote of 813
not fewer than six members of the board. 814
(L) When the board refuses to grant a certificate to an 817
applicant, revokes an individual's certificate to practice, 819
refuses to register an applicant, or refuses to reinstate an 820
individual's certificate to practice, the board may specify that 821
its action is permanent. An individual subject to a permanent 822
action taken by the board is forever thereafter ineligible to 823
hold a certificate to practice and the board shall not accept an 824
19
application for reinstatement of the certificate or for issuance 825
of a new certificate.
(M) Notwithstanding any other provision of the Revised 827
Code, all of the following apply: 828
(1) The surrender of a certificate issued under this 830
chapter shall not be effective unless or until accepted by the 832
board. Reinstatement of a certificate surrendered to the board 833
requires an affirmative vote of not fewer than six members of the 834
board.
(2) An application for a certificate made under the 837
provisions of this chapter may not be withdrawn without approval 839
of the board.
(3) Failure by an individual to renew a certificate of 842
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 844
under this section against the individual. 845
(N) Sanctions shall not be imposed under division (B)(28) 848
of this section against any person who waives deductibles and 849
copayments as follows:
(1) In compliance with the health benefit plan that 851
expressly allows such a practice. Waiver of the deductibles or 852
copayments shall be made only with the full knowledge and consent 853
of the plan purchaser, payer, and third-party administrator. 854
Documentation of the consent shall be made available to the board 855
upon request.
(2) For professional services rendered to any other person 857
authorized to practice pursuant to this chapter, to the extent 859
allowed by this chapter and rules adopted by the board. 860
(O) Under the board's investigative duties described in 862
this section and subject to division (F) of this section, the 864
board shall develop and implement a quality intervention program 866
designed to improve through remedial education the clinical and 868
communication skills of individuals authorized under this chapter 869
to practice medicine and surgery, osteopathic medicine and
20
surgery, and podiatry. In developing and implementing the 871
quality intervention program, the board may do all of the 872
following:
(1) Offer in appropriate cases as determined by the board 874
an educational and assessment program pursuant to an 875
investigation the board conducts under this section; 876
(2) Select providers of educational and assessment 878
services, including a quality intervention program panel of case 879
reviewers;
(3) Make referrals to educational and assessment service 882
providers and approve individual educational programs recommended 883
by those providers. The board shall monitor the progress of each 884
individual undertaking a recommended individual educational 885
program. 886
(4) Determine what constitutes successful completion of an 888
individual educational program and require further monitoring of 889
the individual who completed the program or other action that the 891
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 893
Revised Code to further implement the quality intervention 895
program.
An individual who participates in an individual educational 898
program pursuant to this division shall pay the financial 899
obligations arising from that educational program. 900
Sec. 4731.221. If the state medical board has reason to 909
believe that any person who has been granted a certificate under 910
Chapter 4731. of the Revised Code THIS CHAPTER is mentally ill or 912
mentally incompetent, it may file in the probate court of the 913
county in which such person has a legal residence an affidavit in 914
the form prescribed in section 5122.11 of the Revised Code and 915
signed by the board secretary or a member of the board 916
secretary's staff, whereupon the same proceedings shall be had as 918
provided in Chapter 5122. of the Revised Code. The attorney 919
general may represent the board in any proceeding commenced under 920
21
this section.
If any person who has been granted a certificate is 922
adjudged by a probate court to be mentally ill or mentally 923
incompetent, the person's certificate shall be automatically 924
suspended until such person has filed with the state medical 926
board a certified copy of an adjudication by a probate court of 927
the person's subsequent restoration to competency or has 929
submitted to such board proof, satisfactory to the board, that 930
the person has been discharged as having a restoration to 932
competency in the manner and form provided in section 5122.38 of 933
the Revised Code. The judge of such court shall forthwith notify 934
the state medical board of an adjudication of MENTAL ILLNESS OR 935
MENTAL incompetence, and shall note any suspension of a 937
certificate in the margin of the court's record of such 938
certificate.
Sec. 4731.223. (A) As used in this section, "prosecutor" 947
has the same meaning as in section 2935.01 of the Revised Code. 948
(B) Whenever any person holding a valid certificate issued 950
pursuant to this chapter pleads guilty to, is subject to a 952
judicial finding of guilt of, or is subject to a judicial finding 953
of eligibility for treatment INTERVENTION in lieu of conviction 955
for a violation of Chapter 2907., 2925., or 3719. of the Revised 956
Code or of any substantively comparable ordinance of a municipal 957
corporation in connection with the person's practice, the 958
prosecutor in the case, on forms prescribed and provided by the 960
state medical board, shall promptly notify the board of the 961
conviction or guilty plea. Within thirty days of receipt of that 962
information, the board shall initiate action in accordance with 964
Chapter 119. of the Revised Code to determine whether to suspend 965
or revoke the certificate under section 4731.22 of the Revised 966
Code.
(C) The prosecutor in any case against any person holding 968
a valid certificate issued pursuant to this chapter, on forms 970
prescribed and provided by the state medical board, shall notify
22
the board of any of the following: 971
(1) A plea of guilty to, a finding of guilt by a jury or 974
court of, or judicial finding of eligibility for treatment 975
INTERVENTION in lieu of conviction for a felony, or a case in 978
which the trial court issues an order of dismissal upon technical 979
or procedural grounds of a felony charge; 980
(2) A plea of guilty to, a finding of guilt by a jury or 984
court of, or judicial finding of eligibility for treatment 985
INTERVENTION in lieu of conviction for a misdemeanor committed in 988
the course of practice, or a case in which the trial court issues 989
an order of dismissal upon technical or procedural grounds of a 991
charge of a misdemeanor, if the alleged act was committed in the 992
course of practice;
(3) A plea of guilty to, a finding of guilt by a jury or 995
court of, or judicial finding of eligibility for treatment 996
INTERVENTION in lieu of conviction for a misdemeanor involving 999
moral turpitude, or a case in which the trial court issues an 1,000
order of dismissal upon technical or procedural grounds of a 1,002
charge of a misdemeanor involving moral turpitude. 1,003
The report shall include the name and address of the 1,005
certificate holder, the nature of the offense for which the 1,006
action was taken, and the certified court documents recording the 1,007
action. 1,008
Sec. 4731.224. (A) Within sixty days after the imposition 1,018
of any formal disciplinary action taken by any health care 1,019
facility, including a hospital, health care facility operated by 1,020
a health insuring corporation, ambulatory surgical center, or 1,021
similar facility, against any individual holding a valid 1,023
certificate to practice issued pursuant to this chapter, the 1,024
chief administrator or executive officer of the facility shall 1,025
report to the state medical board the name of the individual, the 1,027
action taken by the facility, and a summary of the underlying 1,028
facts leading to the action taken. Upon request, the board shall
be provided certified copies of the patient records that were the 1,030
23
basis for the facility's action. Prior to release to the board, 1,031
the summary shall be approved by the peer review committee that 1,032
reviewed the case or by the governing board of the facility. As 1,034
used in this division, "formal disciplinary action" means any 1,035
action resulting in the revocation, restriction, reduction, or 1,037
termination of clinical privileges for violations of professional 1,038
ethics, or for reasons of medical incompetence, medical 1,039
malpractice, or drug or alcohol abuse. "Formal disciplinary 1,040
action" includes a summary action, an action that takes effect 1,041
notwithstanding any appeal rights that may exist, and an action 1,042
that results in an individual surrendering clinical privileges 1,043
while under investigation and during proceedings regarding the 1,044
action being taken or in return for not being investigated or 1,045
having proceedings held. "Formal disciplinary action" does not 1,046
include any action taken for the sole reason of failure to 1,048
maintain records on a timely basis or failure to attend staff or 1,049
section meetings.
The filing or nonfiling of a report with the board, 1,051
investigation by the board, or any disciplinary action taken by 1,052
the board, shall not preclude any action by a health care 1,053
facility to suspend, restrict, or revoke the individual's 1,055
clinical privileges.
In the absence of fraud or bad faith, no individual or 1,057
entity that provides patient records to the board shall be liable 1,058
in damages to any person as a result of providing the records. 1,059
(B) If any individual authorized to practice under this 1,062
chapter or any professional association or society of such 1,063
individuals believes that a violation of any provision of this 1,064
chapter, Chapter 4730. OR 4762. of the Revised Code, or any rule 1,065
of the board has occurred, the individual, association, or 1,067
society shall report to the board the information upon which the 1,069
belief is based. This division does not require any treatment
provider approved by the board under section 4731.25 of the 1,071
Revised Code or any employee, agent, or representative of such a 1,072
24
provider to make reports with respect to an impaired practitioner 1,073
participating in treatment or aftercare for substance abuse as 1,074
long as the practitioner maintains participation in accordance 1,075
with the requirements of section 4731.25 of the Revised Code, and 1,076
as long as the treatment provider or employee, agent, or 1,078
representative of the provider has no reason to believe that the 1,079
practitioner has violated any provision of this chapter or any 1,080
rule adopted under it, other than the provisions of division 1,081
(B)(26) of section 4731.22 of the Revised Code. This division 1,082
does not require reporting by any member of an impaired 1,083
practitioner committee established by a health care facility or 1,084
by any representative or agent of a committee or program 1,085
sponsored by a professional association or society of individuals 1,087
authorized to practice under this chapter to provide peer 1,088
assistance to practitioners with substance abuse problems with 1,089
respect to a practitioner who has been referred for examination 1,090
to a treatment program approved by the board under section 1,091
4731.25 of the Revised Code if the practitioner cooperates with 1,092
the referral for examination and with any determination that the 1,093
practitioner should enter treatment and as long as the committee 1,095
member, representative, or agent has no reason to believe that 1,096
the practitioner has ceased to participate in the treatment 1,097
program in accordance with section 4731.25 of the Revised Code or 1,098
has violated any provision of this chapter or any rule adopted 1,100
under it, other than the provisions of division (B)(26) of 1,102
section 4731.22 of the Revised Code.
(C) Any professional association or society composed 1,104
primarily of doctors of medicine and surgery, doctors of 1,106
osteopathic medicine and surgery, doctors of podiatry, or 1,107
practitioners of limited branches of medicine that suspends or 1,108
revokes an individual's membership for violations of professional 1,110
ethics, or for reasons of professional incompetence or 1,111
professional malpractice, within sixty days after a final 1,112
decision shall report to the board, on forms prescribed and 1,113
25
provided by the board, the name of the individual, the action 1,114
taken by the professional organization, and a summary of the 1,115
underlying facts leading to the action taken. 1,116
The filing of a report with the board or decision not to 1,118
file a report, investigation by the board, or any disciplinary 1,119
action taken by the board, does not preclude a professional 1,120
organization from taking disciplinary action against an 1,121
individual.
(D) Any insurer providing professional liability insurance 1,123
to an individual authorized to practice under this chapter, or 1,125
any other entity that seeks to indemnify the professional 1,126
liability of such an individual, shall notify the board within 1,127
thirty days after the final disposition of any written claim for 1,128
damages where such disposition results in a payment exceeding 1,129
twenty-five thousand dollars. The notice shall contain the 1,130
following information: 1,131
(1) The name and address of the person submitting the 1,133
notification; 1,134
(2) The name and address of the insured who is the subject 1,136
of the claim; 1,137
(3) The name of the person filing the written claim; 1,139
(4) The date of final disposition; 1,141
(5) If applicable, the identity of the court in which the 1,143
final disposition of the claim took place. 1,144
(E) The board may investigate possible violations of this 1,146
chapter or the rules adopted under it that are brought to its 1,147
attention as a result of the reporting requirements of this 1,150
section, except that the board shall conduct an investigation if 1,151
a possible violation involves repeated malpractice. As used in 1,153
this division, "repeated malpractice" means three or more claims 1,154
for medical malpractice within the previous five-year period, 1,155
each resulting in a judgment or settlement in excess of
twenty-five thousand dollars in favor of the claimant, and each 1,156
involving negligent conduct by the practicing individual. 1,158
26
(F) All summaries, reports, and records received and 1,160
maintained by the board pursuant to this section shall be held in 1,161
confidence and shall not be subject to discovery or introduction 1,162
in evidence in any federal or state civil action involving a 1,163
health care professional or facility arising out of matters that 1,165
are the subject of the reporting required by this section. The 1,166
board may use the information obtained only as the basis for an 1,167
investigation, as evidence in a disciplinary hearing against an 1,168
individual whose practice is regulated under this chapter, or in 1,169
any subsequent trial or appeal of a board action or order. 1,171
The board may disclose the summaries and reports it 1,174
receives under this section only to health care facility 1,175
committees within or outside this state that are involved in 1,176
credentialing or recredentialing the individual or in reviewing 1,177
the individual's clinical privileges. The board shall indicate 1,178
whether or not the information has been verified. Information 1,179
transmitted by the board shall be subject to the same 1,180
confidentiality provisions as when maintained by the board. 1,181
(G) Except for reports filed by an individual pursuant to 1,184
division (B) of this section, the board shall send a copy of any 1,185
reports or summaries it receives pursuant to this section to the 1,186
individual who is the subject of the reports or summaries. The 1,188
individual shall have the right to file a statement with the 1,189
board concerning the correctness or relevance of the information. 1,190
The statement shall at all times accompany that part of the 1,191
record in contention. 1,192
(H) An individual or entity that, pursuant to this 1,195
section, reports to the board or refers an impaired practitioner 1,196
to a treatment provider approved by the board under section 1,197
4731.25 of the Revised Code shall not be subject to suit for 1,198
civil damages as a result of the report, referral, or provision 1,200
of the information.
(I) In the absence of fraud or bad faith, no professional 1,202
association or society of individuals authorized to practice 1,203
27
under this chapter that sponsors a committee or program to 1,205
provide peer assistance to practitioners with substance abuse 1,206
problems, no representative or agent of such a committee or 1,207
program, and no member of the state medical board shall be held 1,208
liable in damages to any person by reason of actions taken to 1,209
refer a practitioner to a treatment provider approved under 1,210
section 4731.25 of the Revised Code for examination or treatment. 1,211
Sec. 4731.24. Except as provided in sections 4731.281 and 1,221
4731.40 of the Revised Code, all receipts of the state medical 1,222
board, from any source, shall be deposited in the state treasury. 1,223
Until July 1, 1998, the funds shall be deposited to the credit of 1,224
the occupational licensing and regulatory fund. On and after 1,225
July 1, 1998, the funds shall be deposited to the credit of the 1,226
state medical board operating fund, which is hereby created on 1,227
July 1, 1998. All funds deposited into the state treasury under 1,228
this section shall be used solely for the administration and 1,229
enforcement of this chapter and Chapter CHAPTERS 4730. AND 4762. 1,231
of the Revised Code by the board.
Sec. 4731.25. The state medical board, in accordance with 1,240
Chapter 119. of the Revised Code, shall adopt and may amend and 1,241
rescind rules establishing standards for approval of physicians 1,242
and facilities as treatment providers for impaired practitioners 1,243
who are regulated under this chapter or Chapter 4730. OR 4762. of 1,245
the Revised Code. The rules shall include standards for both 1,246
inpatient and outpatient treatment. The rules shall provide that 1,247
in order to be approved, a treatment provider must have the 1,248
capability of making an initial examination to determine what 1,249
type of treatment an impaired practitioner requires. Subject to 1,250
the rules, the board shall review and approve treatment providers 1,251
on a regular basis. The board, at its discretion, may withdraw 1,252
or deny approval subject to the rules. 1,253
An approved impaired practitioner treatment provider shall: 1,255
(A) Report to the board the name of any practitioner 1,257
suffering or showing evidence of suffering impairment as 1,258
28
described in division (B)(5) of section 4730.25 of the Revised 1,260
Code or, division (B)(26) of section 4731.22 of the Revised Code, 1,262
OR DIVISION (B)(6) OF SECTION 4762.13 OF THE REVISED CODE who
fails to comply within one week with a referral for examination; 1,264
(B) Report to the board the name of any impaired 1,266
practitioner who fails to enter treatment within forty-eight 1,267
hours following the provider's determination that the 1,268
practitioner needs treatment; 1,269
(C) Require every practitioner who enters treatment to 1,271
agree to a treatment contract establishing the terms of treatment 1,272
and aftercare, including any required supervision or restrictions 1,273
of practice during treatment or aftercare; 1,274
(D) Require a practitioner to suspend practice upon entry 1,276
into any required inpatient treatment; 1,277
(E) Report to the board any failure by an impaired 1,279
practitioner to comply with the terms of the treatment contract 1,280
during inpatient or outpatient treatment or aftercare; 1,281
(F) Report to the board the resumption of practice of any 1,283
impaired practitioner before the treatment provider has made a 1,284
clear determination that the practitioner is capable of 1,285
practicing according to acceptable and prevailing standards of 1,286
care; 1,287
(G) Require a practitioner who resumes practice after 1,289
completion of treatment to comply with an aftercare contract that 1,290
meets the requirements of rules adopted by the board for approval 1,291
of treatment providers; 1,292
(H) Report the identity of any practitioner practicing 1,294
under the terms of an aftercare contract to hospital 1,295
administrators, medical chiefs of staff, and chairpersons of 1,296
impaired practitioner committees of all health care institutions 1,298
at which the practitioner holds clinical privileges or otherwise 1,299
practices. If the practitioner does not hold clinical privileges 1,301
at any health care institution, the treatment provider shall 1,302
report the practitioner's identity to the impaired practitioner 1,303
29
committee of the county medical society, osteopathic academy, or 1,304
podiatric medical association in every county in which the 1,305
practitioner practices. If there are no impaired practitioner 1,306
committees in the county, the treatment provider shall report the 1,308
practitioner's identity to the president or other designated 1,309
member of the county medical society, osteopathic academy, or 1,310
podiatric medical association. 1,311
(I) Report to the board the identity of any practitioner 1,313
who suffers a relapse at any time during or following aftercare. 1,314
Any individual authorized to practice under this chapter 1,317
who enters into treatment by an approved treatment provider shall 1,318
be deemed to have waived any confidentiality requirements that 1,319
would otherwise prevent the treatment provider from making 1,320
reports required under this section. 1,321
In the absence of fraud or bad faith, no person or 1,323
organization that conducts an approved impaired practitioner 1,324
treatment program, no member of such an organization, and no 1,326
employee, representative, or agent of the treatment provider 1,327
shall be held liable in damages to any person by reason of 1,328
actions taken or recommendations made by the treatment provider 1,329
or its employees, representatives, or agents.
Sec. 4731.281. (A) On or before the deadline established 1,338
under division (B) of this section for applying for renewal of a 1,340
certificate of registration, each person holding a certificate 1,341
under this chapter to practice medicine and surgery, osteopathic 1,342
medicine and surgery, or podiatry shall certify to the state 1,343
medical board that in the preceding two years the person has 1,344
completed one hundred hours of continuing medical education. The 1,345
certification shall be made upon the application for biennial 1,346
registration submitted pursuant to division (B) of this section. 1,348
The board shall adopt rules providing for pro rata reductions by 1,349
month of the number of hours of continuing education required for 1,351
persons who are in their first registration period, who have a
registration period of less than two years due to initial 1,352
30
implementation of the staggered renewal schedule established 1,353
under division (B) of this section, who have been disabled due to 1,355
illness or accident, or who have been absent from the country. 1,356
In determining whether a course, program, or activity 1,358
qualifies for credit as continuing medical education, the board 1,359
shall approve all continuing medical education taken by persons 1,361
holding a certificate to practice medicine and surgery that is 1,362
certified by the Ohio state medical association, all continuing 1,363
medical education taken by persons holding a certificate to 1,364
practice osteopathic medicine and surgery that is certified by 1,365
the Ohio osteopathic association, and all continuing medical 1,366
education taken by persons holding a certificate to practice 1,367
podiatry that is certified by the Ohio podiatric medical 1,368
association. Each person holding a certificate to practice under 1,370
this chapter shall be given sufficient choice of continuing 1,371
education programs to ensure that the person has had a reasonable 1,372
opportunity to participate in continuing education programs that 1,374
are relevant to the person's medical practice in terms of subject 1,376
matter and level.
The board may require a random sample of persons holding a 1,379
certificate to practice under this chapter to submit materials 1,380
documenting completion of the continuing medical education 1,381
requirement during the preceding registration period, but this 1,382
provision shall not limit the board's authority to investigate 1,383
pursuant to section 4731.22 of the Revised Code. 1,384
(B)(1) Every person holding a certificate under this 1,386
chapter to practice medicine and surgery, osteopathic medicine 1,387
and surgery, or podiatry wishing to renew that certificate shall 1,388
apply to the board for a certificate of registration upon an 1,390
application furnished by the board, and pay to the board at the 1,391
time of application a fee of three hundred five dollars, 1,392
according to the following schedule: 1,393
(a) Persons whose last name begins with the letters "A" 1,395
through "B," on or before April 1, 2001, and the first day of 1,396
31
April of every odd-numbered year thereafter; 1,397
(b) Persons whose last name begins with the letters "C" 1,399
through "D," on or before January 1, 2001, and the first day of 1,400
January of every odd-numbered year thereafter; 1,401
(c) Persons whose last name begins with the letters "E" 1,404
through "G," on or before October 1, 2000, and the first day of 1,406
October of every even-numbered year thereafter; 1,407
(d) Persons whose last name begins with the letters "H" 1,410
through "K," on or before July 1, 2000, and the first day of July 1,412
of every even-numbered year thereafter;
(e) Persons whose last name begins with the letters "L" 1,415
through "M," on or before April 1, 2000, and the first day of 1,417
April of every even-numbered year thereafter;
(f) Persons whose last name begins with the letters "N" 1,420
through "R," on or before January 1, 2000, and the first day of 1,423
January of every even-numbered year thereafter; 1,424
(g) Persons whose last name begins with the letter "S," on 1,427
or before October 1, 1999, and the first day of October of every 1,428
odd-numbered year thereafter;
(h) Persons whose last name begins with the letters "T" 1,431
through "Z," on or before July 1, 1999, and the first day of July 1,432
of every odd-numbered year thereafter. 1,433
The board shall deposit the fee in accordance with section 1,436
4731.24 of the Revised Code, except that, until July 30, 2001, 1,438
the board shall deposit twenty dollars of the fee into the state 1,439
treasury to the credit of the physician loan repayment fund 1,440
created by section 3702.78 of the Revised Code. 1,441
(2) The board shall mail or cause to be mailed to every 1,443
person registered to practice medicine and surgery, osteopathic 1,444
medicine and surgery, or podiatry, an application for 1,445
registration addressed to the person's last known post-office 1,446
address or may cause the application to be sent to the person 1,448
through the secretary of any recognized medical, osteopathic, or 1,449
podiatric society, according to the following schedule: 1,450
32
(a) To persons whose last name begins with the letters "A" 1,452
through "B," on or before January 1, 2001, and the first day of 1,454
January of every odd-numbered year thereafter;
(b) To persons whose last name begins with the letters "C" 1,457
through "D," on or before October 1, 2000, and the first day of 1,458
October of every even-numbered year thereafter; 1,459
(c) To persons whose last name begins with the letters "E" 1,462
through "G," on or before July 1, 2000, and the first day of July 1,465
of every even-numbered year thereafter; 1,466
(d) To persons whose last name begins with the letters "H" 1,469
through "K," on or before April 1, 2000, and the first day of 1,472
April of every even-numbered year thereafter; 1,473
(e) To persons whose last name begins with the letters "L" 1,476
through "M," on or before January 1, 2000, and the first day of 1,479
January of every even-numbered year thereafter; 1,480
(f) To persons whose last name begins with the letters "N" 1,483
through "R," on or before October 1, 1999, and the first day of 1,486
October of every odd-numbered year thereafter; 1,487
(g) To persons whose last name begins with the letter "S," 1,490
on or before July 1, 1999, and the first day of July of every 1,492
odd-numbered year thereafter; 1,493
(h) To persons whose last name begins with the letters "T" 1,496
through "Z," on or before April 1, 1999, and the first day of 1,499
April of every odd-numbered year thereafter. 1,500
Failure of any person to receive an application from the 1,503
board shall not excuse the person from the requirements contained 1,504
in this section. The application shall contain proper spaces for 1,505
the applicant's signature and the insertion of the required 1,506
information, including a statement that the person has fulfilled 1,508
the continuing education requirements imposed by this section. 1,509
The applicant shall write or cause to be written upon the 1,511
application so furnished the applicant's full name, principal 1,513
practice address and residence address, the number of the 1,515
applicant's certificate to practice, and any other facts for the 1,517
33
identification of the applicant as a person holding a certificate 1,518
to practice under this chapter as the board considers necessary. 1,519
The applicant shall include with the application a list of the 1,520
names and addresses of any clinical nurse specialists, certified 1,521
nurse-midwives, or certified nurse practitioners with whom the 1,522
applicant is currently collaborating, as defined in section 1,523
4723.02 of the Revised Code. The applicant shall execute and 1,526
deliver the application to the board by mail or in person. Every 1,527
person registered under this section shall give written notice to 1,528
the board of any change of principal practice address or 1,529
residence address or in the list within thirty days of the 1,530
change.
The applicant shall report any criminal offense that 1,532
constitutes grounds for refusal of registration under section 1,533
4731.22 of the Revised Code to which the applicant has pleaded 1,534
guilty, of which the applicant has been found guilty, or for 1,537
which the applicant has been found eligible for treatment
INTERVENTION in lieu of conviction, since last signing an 1,540
application for a certificate of registration. 1,541
(C) The board shall issue to any person holding a 1,543
certificate under this chapter to practice medicine and surgery, 1,544
osteopathic medicine and surgery, or podiatry, upon application 1,545
and qualification therefor in accordance with this section, a 1,546
certificate of registration under the seal of the board. A 1,547
certificate of registration shall be valid for a two-year period, 1,548
commencing on the first day of the third month after the 1,550
registration fee is due and expiring on the last day of the month 1,552
two years thereafter. 1,553
The board shall publish and cause to be mailed to each 1,557
person registered under this section, upon request, a printed 1,558
list of the persons so registered.
(D) Failure of any certificate holder to register and 1,560
comply with this section shall operate automatically to suspend 1,561
the holder's certificate to practice. Continued practice after 1,564
34
the suspension of the certificate to practice shall be considered 1,565
as practicing in violation of section 4731.41, 4731.43, or 1,567
4731.60 of the Revised Code. Subject to section 4731.222 of the 1,568
Revised Code, the board shall reinstate a certificate to practice 1,569
for failure to register upon an applicant's submission of the 1,570
biennial registration fee, the applicable monetary penalty, and 1,572
certification by signature of the applicant that the applicant 1,573
has completed the requisite continuing medical education. The 1,574
penalty for reinstatement shall be fifty dollars if the 1,576
certificate has been suspended for two years or less and one 1,577
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 1,578
accordance with section 4731.24 of the Revised Code. 1,580
(E) If an individual certifies completion of the number of 1,582
hours and type of continuing medical education required to 1,584
receive a certificate of registration or reinstatement of a 1,585
certificate to practice, and the board finds through the random 1,586
samples it conducts under this section or through any other means 1,587
that the individual did not complete the requisite continuing 1,588
medical education, the board may impose a civil penalty of not 1,589
more than five thousand dollars. The board's finding shall be 1,590
made pursuant to an adjudication under Chapter 119. of the 1,591
Revised Code and by an affirmative vote of not fewer than six 1,593
members.
A civil penalty imposed under this division may be in 1,595
addition to or in lieu of any other action the board may take 1,596
under section 4731.22 of the Revised Code. The board shall 1,598
deposit civil penalties in accordance with section 4731.24 of the 1,599
Revised Code.
(F) The state medical board may obtain information not 1,601
protected by statutory or common law privilege from courts and 1,602
other sources concerning malpractice claims against any person 1,603
holding a certificate to practice under this chapter or 1,604
practicing as provided in section 4731.36 of the Revised Code. 1,605
35
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the 1,614
Revised Code shall not prohibit service in case of emergency, or 1,615
domestic administration of family remedies. Such sections shall 1,616
not apply to a commissioned medical officer of the United States 1,617
army, navy, or marine hospital service in the discharge of his 1,618
THE OFFICER'S professional duties, or to a regularly qualified 1,619
dentist when engaged exclusively in the practice of dentistry, or 1,621
when administering anaesthetics, or to a physician or surgeon 1,622
residing in another state or territory who is a legal 1,623
practitioner of medicine or surgery therein, when in consultation 1,624
with a regular practitioner of this state; nor shall such 1,625
sections apply to a physician or surgeon residing on the border 1,626
of a neighboring state and authorized under the laws thereof to 1,627
practice medicine and surgery therein, whose practice extends 1,628
within the limits of this state; provided equal rights and 1,629
privileges are accorded by such neighboring state to the 1,630
physicians and surgeons residing on the border of this state 1,631
contiguous to such neighboring state. Such practitioner shall not 1,632
open an office or appoint a place to see patients or receive 1,633
calls within the limits of this state.
(B) Sections 4731.51 to 4731.61 of the Revised Code do not 1,635
apply to any graduate of a podiatric school or college while 1,636
performing those acts that may be prescribed by or incidental to 1,637
participation in an accredited podiatric internship, residency, 1,638
or fellowship program situated in this state approved by the 1,639
state medical board. 1,640
(C) THIS CHAPTER DOES NOT APPLY TO AN ACUPUNCTURIST WHO 1,642
COMPLIES WITH CHAPTER 4762. OF THE REVISED CODE. 1,643
Sec. 4762.01. AS USED IN THIS CHAPTER: 1,645
(A) "ACUPUNCTURE" MEANS A FORM OF HEALTH CARE PERFORMED BY 1,647
THE INSERTION AND REMOVAL OF SPECIALIZED NEEDLES, WITH OR WITHOUT 1,648
THE APPLICATION OF MOXIBUSTION OR ELECTRICAL STIMULATION, TO 1,649
SPECIFIC AREAS OF THE BODY. 1,650
(B) "MOXIBUSTION" MEANS THE USE OF AN HERBAL HEAT SOURCE 1,651
36
ON ONE OR MORE ACUPUNCTURE POINTS. 1,652
(C) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 1,655
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY. 1,656
Sec. 4762.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 1,658
THIS SECTION, NO PERSON SHALL ENGAGE IN THE PRACTICE OF 1,659
ACUPUNCTURE UNLESS THE PERSON HOLDS A VALID CERTIFICATE OF 1,660
REGISTRATION AS AN ACUPUNCTURIST ISSUED BY THE STATE MEDICAL 1,663
BOARD UNDER THIS CHAPTER.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A 1,667
PHYSICIAN OR TO A PERSON WHO PERFORMS ACUPUNCTURE AS PART OF A
TRAINING PROGRAM IN ACUPUNCTURE OPERATED BY AN EDUCATIONAL 1,670
INSTITUTION THAT HOLDS AN EFFECTIVE CERTIFICATE OF AUTHORIZATION 1,671
ISSUED BY THE OHIO BOARD OF REGENTS UNDER SECTION 1713.02 OF THE 1,672
REVISED CODE OR A SCHOOL THAT HOLDS AN EFFECTIVE CERTIFICATE OF 1,674
REGISTRATION ISSUED BY THE STATE BOARD OF PROPRIETARY SCHOOL 1,675
REGISTRATION UNDER SECTION 3332.05 OF THE REVISED CODE. 1,676
Sec. 4762.03. (A) AN INDIVIDUAL SEEKING A CERTIFICATE OF 1,678
REGISTRATION AS AN ACUPUNCTURIST SHALL FILE WITH THE STATE 1,679
MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED AND 1,680
SUPPLIED BY THE BOARD. THE APPLICATION SHALL INCLUDE ALL OF THE 1,681
FOLLOWING:
(1) EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT 1,683
IS AT LEAST EIGHTEEN YEARS OF AGE AND OF GOOD MORAL CHARACTER; 1,684
(2) EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT 1,686
HAS BEEN DESIGNATED AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL 1,688
CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE 1,689
AND THAT THE DESIGNATION IS CURRENT AND ACTIVE;
(3) ANY OTHER INFORMATION THE BOARD REQUIRES. 1,691
(B) THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER 1,693
THIS SECTION. THE BOARD SHALL DETERMINE WHETHER AN APPLICANT 1,694
MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF REGISTRATION 1,696
NOT LATER THAN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION. 1,697
THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD 1,699
37
IS REQUIRED TO DETERMINE THAT AN APPLICANT MEETS THE REQUIREMENTS 1,700
FOR A CERTIFICATE.
(C) AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF 1,702
REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE 1,704
HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED. 1,705
Sec. 4762.04. IF THE STATE MEDICAL BOARD DETERMINES UNDER 1,707
SECTION 4762.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE 1,708
REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN 1,709
ACUPUNCTURIST, THE SECRETARY OF THE BOARD SHALL REGISTER THE 1,710
APPLICANT AS AN ACUPUNCTURIST AND ISSUE TO THE APPLICANT A
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST. THE CERTIFICATE 1,711
SHALL EXPIRE BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH 1,712
SECTION 4762.06 OF THE REVISED CODE.
Sec. 4762.05. UPON APPLICATION BY THE HOLDER OF A 1,714
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST, THE STATE 1,715
MEDICAL BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO REPLACE ONE 1,716
THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, OR FOR ANY 1,717
OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE CERTIFICATE IS 1,718
THIRTY-FIVE DOLLARS.
Sec. 4762.06. (A) A PERSON SEEKING TO RENEW A CERTIFICATE 1,720
OF REGISTRATION AS AN ACUPUNCTURIST SHALL, ON OR BEFORE THE 1,721
THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED YEAR, APPLY FOR 1,723
RENEWAL OF THE CERTIFICATE. THE STATE MEDICAL BOARD SHALL SEND 1,724
RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE. 1,726
APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE 1,728
BOARD SHALL PRESCRIBE AND SUPPLY. EACH APPLICATION SHALL BE 1,729
ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF ONE HUNDRED DOLLARS. 1,730
THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT 1,732
CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF 1,733
REGISTRATION UNDER SECTION 4762.13 OF THE REVISED CODE TO WHICH 1,734
THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN 1,736
FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE 1,737
FOR INTERVENTION IN LIEU OF CONVICTION, SINCE LAST SIGNING AN 1,739
APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN 1,740
38
ACUPUNCTURIST.
(B) TO BE ELIGIBLE FOR RENEWAL, AN ACUPUNCTURIST MUST 1,742
CERTIFY TO THE BOARD THAT THE ACUPUNCTURIST HAS MAINTAINED THE 1,743
ACUPUNCTURIST'S DESIGNATION AS A DIPLOMATE IN ACUPUNCTURE BY THE 1,745
NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL 1,746
MEDICINE.
(C) IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION 1,748
AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS 1,750
SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED 1,751
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST. 1,752
(D) A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON 1,754
OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS 1,757
EXPIRATION DATE. THE BOARD SHALL REINSTATE A CERTIFICATE 1,759
SUSPENDED FOR FAILURE TO RENEW UPON AN APPLICANT'S SUBMISSION OF 1,760
THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY.
THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE 1,761
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY 1,763
DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO 1,764
YEARS.
Sec. 4762.08. A PERSON WHO HOLDS A CERTIFICATE OF 1,766
REGISTRATION AS AN ACUPUNCTURIST ISSUED UNDER THIS CHAPTER MAY 1,768
USE THE FOLLOWING TITLES, INITIALS, OR ABBREVIATIONS, OR THE 1,769
EQUIVALENT OF SUCH TITLES, INITIALS, OR ABBREVIATIONS, TO 1,770
IDENTIFY THE PERSON AS AN ACUPUNCTURIST: "ACUPUNCTURIST," 1,772
"REGISTERED ACUPUNCTURIST," "R. AC.," "REG. AC.," "CERTIFIED 1,774
ACUPUNCTURIST," "C.A.," "C. AC.," "DIPLOMATE OF ACUPUNCTURE 1,776
(NCCAOM)," "DIPL. AC. (NCCAOM)," OR "NATIONAL BOARD CERTIFIED IN 1,779
ACUPUNCTURE (NCCAOM)." THE PERSON SHALL NOT USE OTHER TITLES, 1,781
INITIALS, OR ABBREVIATIONS IN CONJUNCTION WITH THE PERSON'S 1,782
PRACTICE OF ACUPUNCTURE, INCLUDING THE TITLE "DOCTOR."
Sec. 4762.09. AN ACUPUNCTURIST SHALL CONSPICUOUSLY DISPLAY 1,784
AT THE ACUPUNCTURIST'S PRIMARY PLACE OF BUSINESS BOTH OF THE 1,785
FOLLOWING:
(A) A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE 1,787
39
MEDICAL BOARD UNDER THIS CHAPTER AS EVIDENCE THAT THE 1,788
ACUPUNCTURIST IS AUTHORIZED TO PRACTICE ACUPUNCTURE IN THIS 1,790
STATE;
(B) A NOTICE SPECIFYING THAT THE PRACTICE OF ACUPUNCTURE 1,792
IS REGULATED BY THE STATE MEDICAL BOARD AND THE ADDRESS AND 1,793
TELEPHONE NUMBER OF THE BOARD'S OFFICE. 1,794
Sec. 4762.10. ALL OF THE FOLLOWING APPLY TO THE PRACTICE 1,796
OF A PERSON WHO HOLDS A CERTIFICATE OF REGISTRATION AS AN 1,797
ACUPUNCTURIST ISSUED UNDER THIS CHAPTER: 1,798
(A) THE ACUPUNCTURIST SHALL PERFORM ACUPUNCTURE FOR A 1,800
PATIENT ONLY IF THE PATIENT HAS RECEIVED A PHYSICIAN'S WRITTEN 1,801
REFERRAL OR PRESCRIPTION FOR ACUPUNCTURE. AS SPECIFIED IN THE 1,802
REFERRAL OR PRESCRIPTION, THE ACUPUNCTURIST SHALL PROVIDE REPORTS 1,803
TO THE PHYSICIAN ON THE PATIENT'S CONDITION OR PROGRESS IN 1,804
TREATMENT AND COMPLY WITH ANY CONDITIONS OR RESTRICTIONS ON THE 1,805
ACUPUNCTURIST'S COURSE OF TREATMENT. 1,806
(B) THE ACUPUNCTURIST SHALL PERFORM ACUPUNCTURE FOR A 1,808
PATIENT UNDER THE GENERAL SUPERVISION OF THE REFERRING OR 1,810
PRESCRIBING PHYSICIAN. GENERAL SUPERVISION DOES NOT REQUIRE THAT 1,812
THE ACUPUNCTURIST AND PHYSICIAN PRACTICE IN THE SAME OFFICE. 1,813
(C) PRIOR TO TREATING A PATIENT, THE ACUPUNCTURIST SHALL 1,815
ADVISE THE PATIENT THAT ACUPUNCTURE IS NOT A SUBSTITUTE FOR 1,816
CONVENTIONAL MEDICAL DIAGNOSIS AND TREATMENT. 1,817
(D) ON INITIALLY MEETING A PATIENT IN PERSON, THE 1,819
ACUPUNCTURIST SHALL PROVIDE IN WRITING THE ACUPUNCTURIST'S NAME, 1,820
BUSINESS ADDRESS, AND BUSINESS TELEPHONE NUMBER, AND INFORMATION 1,822
ON ACUPUNCTURE, INCLUDING THE TECHNIQUES THAT ARE USED. 1,823
(E) WHILE TREATING A PATIENT, THE ACUPUNCTURIST SHALL NOT 1,826
MAKE A DIAGNOSIS. IF A PATIENT'S CONDITION IS NOT IMPROVING OR A 1,827
PATIENT REQUIRES EMERGENCY MEDICAL TREATMENT, THE ACUPUNCTURIST 1,828
SHALL CONSULT PROMPTLY WITH THE SUPERVISING PHYSICIAN. 1,829
(F) AN ACUPUNCTURIST SHALL MAINTAIN RECORDS FOR EACH 1,831
PATIENT TREATED. IN EACH PATIENT'S RECORDS, THE ACUPUNCTURIST 1,834
SHALL INCLUDE THE WRITTEN REFERRAL OR PRESCRIPTION PURSUANT TO 1,835
40
WHICH THE ACUPUNCTURIST IS TREATING THE PATIENT. THE RECORDS 1,837
SHALL BE CONFIDENTIAL AND SHALL BE RETAINED FOR NOT LESS THAN 1,838
THREE YEARS FOLLOWING TERMINATION OF TREATMENT.
Sec. 4762.11. ALL OF THE FOLLOWING APPLY TO AN 1,840
ACUPUNCTURIST'S SUPERVISING PHYSICIAN FOR A PATIENT: 1,842
(A) BEFORE MAKING THE REFERRAL OR PRESCRIPTION FOR 1,844
ACUPUNCTURE, THE PHYSICIAN SHALL PERFORM A MEDICAL DIAGNOSTIC 1,846
EXAMINATION OF THE PATIENT OR REVIEW THE RESULTS OF A MEDICAL 1,847
DIAGNOSTIC EXAMINATION RECENTLY PERFORMED BY ANOTHER PHYSICIAN. 1,848
(B) THE PHYSICIAN SHALL MAKE THE REFERRAL OR PRESCRIPTION 1,850
IN WRITING AND SPECIFY IN THE REFERRAL OR PRESCRIPTION ALL OF THE 1,851
FOLLOWING: 1,852
(1) THE PHYSICIAN'S DIAGNOSIS OF THE AILMENT OR CONDITION 1,854
THAT IS TO BE TREATED BY ACUPUNCTURE; 1,855
(2) A TIME BY WHICH OR THE INTERVALS AT WHICH THE 1,857
ACUPUNCTURIST MUST PROVIDE REPORTS TO THE PHYSICIAN REGARDING THE 1,858
PATIENT'S CONDITION OR PROGRESS IN TREATMENT; 1,859
(3) THE CONDITIONS OR RESTRICTIONS PLACED IN ACCORDANCE 1,861
WITH DIVISION (C) OF THIS SECTION ON THE ACUPUNCTURIST'S COURSE 1,863
OF TREATMENT.
(C) THE PHYSICIAN SHALL PLACE CONDITIONS OR RESTRICTIONS 1,866
ON THE ACUPUNCTURIST'S COURSE OF TREATMENT IN COMPLIANCE WITH 1,867
ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE. 1,868
(D) THE PHYSICIAN SHALL BE PERSONALLY AVAILABLE FOR 1,871
CONSULTATION WITH THE ACUPUNCTURIST. IF THE PHYSICIAN IS NOT ON 1,872
THE PREMISES AT WHICH ACUPUNCTURE IS PERFORMED, THE PHYSICIAN 1,873
SHALL BE READILY AVAILABLE TO THE ACUPUNCTURIST THROUGH SOME 1,875
MEANS OF TELECOMMUNICATION AND BE IN A LOCATION THAT UNDER NORMAL
CIRCUMSTANCES IS NOT MORE THAN SIXTY MINUTES TRAVEL TIME AWAY 1,876
FROM THE LOCATION WHERE THE ACUPUNCTURIST IS PRACTICING. 1,877
Sec. 4762.12. IN THE CASE OF A PATIENT WITH A CLAIM UNDER 1,879
CHAPTER 4121. OR 4123. OF THE REVISED CODE, AN ACUPUNCTURIST'S 1,880
SUPERVISING PHYSICIAN IS ELIGIBLE TO BE REIMBURSED FOR REFERRING 1,881
THE PATIENT TO AN ACUPUNCTURIST OR PRESCRIBING ACUPUNCTURE FOR 1,882
41
THE PATIENT ONLY IF THE PHYSICIAN HAS ATTAINED KNOWLEDGE IN THE 1,883
TREATMENT OF PATIENTS WITH ACUPUNCTURE, DEMONSTRATED BY
SUCCESSFUL COMPLETION OF A COURSE OF STUDY IN ACUPUNCTURE 1,884
ADMINISTERED BY A COLLEGE OF MEDICINE, OSTEOPATHIC MEDICINE, OR 1,885
PODIATRIC MEDICINE ACCEPTABLE TO THE BUREAU OF WORKERS' 1,886
COMPENSATION OR ADMINISTERED BY ANOTHER ENTITY ACCEPTABLE TO THE
BUREAU. 1,887
Sec. 4762.13. (A) THE STATE MEDICAL BOARD, BY AN 1,890
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY 1,891
REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST 1,892
TO A PERSON FOUND BY THE BOARD TO HAVE COMMITTED FRAUD, 1,893
MISREPRESENTATION, OR DECEPTION IN APPLYING FOR OR SECURING THE 1,894
CERTIFICATE. 1,895
(B) THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN 1,898
SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT, 1,899
REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS 1,900
AN ACUPUNCTURIST, REFUSE TO ISSUE A CERTIFICATE TO AN APPLICANT, 1,901
REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR PLACE ON 1,902
PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE FOLLOWING 1,904
REASONS:
(1) PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED 1,906
BY ANOTHER PERSON; 1,907
(2) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS 1,909
CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED 1,911
BY THE BOARD;
(3) VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR 1,913
INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR 1,914
CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER 1,916
4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD; 1,917
(4) A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL 1,919
STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR 1,920
SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT 1,921
IS ESTABLISHED;
(5) INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND 1,924
42
PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR 1,925
PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY 1,926
AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;
(6) IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO 1,928
ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL 1,929
OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES 1,930
THAT IMPAIR ABILITY TO PRACTICE; 1,931
(7) WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE; 1,933
(8) MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING 1,936
STATEMENT IN SOLICITING OR ADVERTISING FOR PATIENTS OR IN 1,937
SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO 1,938
PRACTICE AS AN ACUPUNCTURIST.
AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR 1,941
MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A 1,942
MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE 1,943
BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR 1,944
IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF 1,945
FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS 1,946
THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT 1,947
PERSON TO MISUNDERSTAND OR BE DECEIVED.
(9) REPRESENTING, WITH THE PURPOSE OF OBTAINING 1,949
COMPENSATION OR OTHER ADVANTAGE PERSONALLY OR FOR ANY OTHER 1,950
PERSON, THAT AN INCURABLE DISEASE OR INJURY, OR OTHER INCURABLE 1,951
CONDITION, CAN BE PERMANENTLY CURED; 1,952
(10) THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR A 1,954
THING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF 1,956
PRACTICE;
(11) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,959
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 1,960
CONVICTION FOR, A FELONY;
(12) COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN 1,962
THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS 1,963
COMMITTED; 1,964
(13) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,967
43
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 1,968
CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF
PRACTICE; 1,969
(14) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,972
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 1,973
CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE; 1,974
(15) COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT 1,976
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 1,978
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 1,979
(16) COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT 1,981
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 1,982
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 1,983
(17) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 1,986
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 1,987
CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE 1,988
POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING 1,989
TRAFFICKING IN DRUGS;
(18) ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 1,992
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF ACUPUNCTURE IN
ANOTHER JURISDICTION, FOR ANY REASON OTHER THAN THE NONPAYMENT OF 1,994
FEES: THE LIMITATION, REVOCATION, OR SUSPENSION OF AN 1,995
INDIVIDUAL'S LICENSE TO PRACTICE; ACCEPTANCE OF AN INDIVIDUAL'S 1,997
LICENSE SURRENDER; DENIAL OF A LICENSE; REFUSAL TO RENEW OR 1,998
REINSTATE A LICENSE; IMPOSITION OF PROBATION; OR ISSUANCE OF AN
ORDER OF CENSURE OR OTHER REPRIMAND; 1,999
(19) VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A 2,002
CERTIFICATE OF REGISTRATION;
(20) FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID 2,004
PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051 2,005
OF THE REVISED CODE; 2,006
(21) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 2,008
THE BOARD UNDER SECTION 4762.14 OF THE REVISED CODE, INCLUDING 2,010
FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR 2,011
FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT 2,012
44
A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE 2,013
TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS 2,014
FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 2,015
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 2,016
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 2,017
IN ISSUE;
(22) FAILURE TO COMPLY WITH THE STANDARDS OF THE NATIONAL 2,019
CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE 2,020
REGARDING PROFESSIONAL ETHICS, COMMITMENT TO PATIENTS, COMMITMENT 2,021
TO THE PROFESSION, AND COMMITMENT TO THE PUBLIC. 2,022
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 2,024
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 2,025
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 2,027
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 2,029
CONSENT AGREEMENT WITH AN ACUPUNCTURIST OR APPLICANT TO RESOLVE 2,030
AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED 2,031
UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE 2,033
VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE 2,034
THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 2,035
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 2,036
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 2,037
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 2,038
(D) FOR PURPOSES OF DIVISIONS (B)(12), (15), AND (16) OF 2,040
THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A 2,041
FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER 2,043
119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE 2,044
HOLDER COMMITTED THE ACT IN QUESTION. THE BOARD SHALL HAVE NO
JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT 2,045
RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND 2,046
THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS. THE 2,047
BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES 2,048
WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL 2,049
OR PROCEDURAL GROUNDS. 2,050
(E) THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL 2,052
45
HAVE NO EFFECT UPON A PRIOR BOARD ORDER ENTERED UNDER THE 2,053
PROVISIONS OF THIS SECTION OR UPON THE BOARD'S JURISDICTION TO 2,054
TAKE ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A 2,055
PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL 2,057
FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION, 2,058
THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO 2,060
THE COURT'S ORDER TO SEAL THE RECORDS. THE BOARD SHALL NOT BE 2,061
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 2,062
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 2,063
(F) FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO 2,066
HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR 2,067
APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO 2,068
HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION 2,069
WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED 2,070
ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION 2,071
REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION. 2,072
(1) IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE 2,075
BOARD, UPON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY 2,076
INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER 2,077
THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION 2,078
PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL EXAMINATION, 2,079
PHYSICAL EXAMINATION, INCLUDING AN HIV TEST, OR BOTH A MENTAL AND 2,080
PHYSICAL EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE 2,082
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. 2,083
FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION OR CONSENT 2,084
TO AN HIV TEST ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF 2,085
THE ALLEGATIONS AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE 2,086
TO CIRCUMSTANCES BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT 2,087
AND FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR 2,088
PRESENTATION OF EVIDENCE. IF THE BOARD FINDS AN ACUPUNCTURIST 2,089
UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION 2,091
(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE ACUPUNCTURIST 2,092
TO SUBMIT TO CARE, COUNSELING, OR TREATMENT BY PHYSICIANS 2,093
APPROVED OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN 2,094
46
INITIAL, CONTINUED, REINSTATED, OR RENEWED CERTIFICATE OF 2,095
REGISTRATION. AN INDIVIDUAL AFFECTED BY THIS DIVISION SHALL BE 2,096
AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE ABILITY 2,097
TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING 2,098
STANDARDS OF CARE.
(2) FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF 2,101
THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A 2,102
CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY 2,103
APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH
IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A 2,104
MENTAL OR PHYSICAL EXAMINATION, OR BOTH. THE EXPENSE OF THE 2,105
EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO 2,108
BE EXAMINED. ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER 2,110
THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR 2,111
PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE 2,112
BOARD.
FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION 2,115
ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS 2,117
AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES 2,118
BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER 2,119
MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF 2,120
EVIDENCE. IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY 2,121
TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S 2,122
CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL 2,123
REQUIRE THE INDIVIDUAL, AS A CONDITION FOR AN INITIAL, CONTINUED, 2,124
REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION, TO SUBMIT TO 2,125
TREATMENT. 2,126
BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A 2,128
CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ACUPUNCTURIST 2,129
SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME PRACTICE IN 2,131
COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE. THE 2,132
DEMONSTRATION SHALL INCLUDE THE FOLLOWING: 2,133
(a) CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER 2,136
SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS 2,137
47
SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT; 2,138
(b) EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN 2,141
AFTERCARE CONTRACT OR CONSENT AGREEMENT;
(c) TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S 2,144
ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS 2,145
BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND
PREVAILING STANDARDS OF CARE. THE REPORTS SHALL BE MADE BY 2,146
INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH 2,147
ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION. 2,149
THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS 2,152
DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS 2,153
ENTERED INTO A WRITTEN CONSENT AGREEMENT.
WHEN THE IMPAIRED ACUPUNCTURIST RESUMES PRACTICE, THE BOARD 2,156
SHALL REQUIRE CONTINUED MONITORING OF THE ACUPUNCTURIST. THE
MONITORING SHALL INCLUDE MONITORING OF COMPLIANCE WITH THE 2,158
WRITTEN CONSENT AGREEMENT ENTERED INTO BEFORE REINSTATEMENT OR 2,159
WITH CONDITIONS IMPOSED BY BOARD ORDER AFTER A HEARING, AND, UPON 2,160
TERMINATION OF THE CONSENT AGREEMENT, SUBMISSION TO THE BOARD FOR 2,161
AT LEAST TWO YEARS OF ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER 2,162
PENALTY OF FALSIFICATION STATING WHETHER THE ACUPUNCTURIST HAS 2,163
MAINTAINED SOBRIETY. 2,164
(G) IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT 2,167
THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ACUPUNCTURIST HAS 2,168
VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE INDIVIDUAL'S 2,169
CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE AND SERIOUS 2,170
HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD SUSPEND THE 2,171
INDIVIDUAL'S CERTIFICATE OF REGISTRATION WITHOUT A PRIOR HEARING. 2,173
WRITTEN ALLEGATIONS SHALL BE PREPARED FOR CONSIDERATION BY THE 2,174
BOARD.
THE BOARD, UPON REVIEW OF THE ALLEGATIONS AND BY AN 2,176
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING 2,178
THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE 2,179
WITHOUT A PRIOR HEARING. A TELEPHONE CONFERENCE CALL MAY BE 2,180
UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE 2,181
48
SUMMARY SUSPENSION. 2,182
THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY 2,184
CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF 2,185
THE REVISED CODE. THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION 2,187
BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION 2,188
119.12 OF THE REVISED CODE. IF THE ACUPUNCTURIST REQUESTS AN 2,189
ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR THE HEARING 2,190
SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN SEVEN DAYS, 2,191
AFTER THE ACUPUNCTURIST REQUESTS THE HEARING, UNLESS OTHERWISE 2,192
AGREED TO BY BOTH THE BOARD AND THE CERTIFICATE HOLDER. 2,193
A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL 2,195
REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL 2,196
ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION 2,197
AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE. THE 2,199
BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS 2,200
AFTER COMPLETION OF ITS HEARING. FAILURE TO ISSUE THE ORDER 2,201
WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY 2,202
SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL 2,203
ADJUDICATIVE ORDER.
(H) IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11), 2,207
(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT, 2,208
GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION 2,209
IN LIEU OF CONVICTION IS OVERTURNED ON APPEAL, UPON EXHAUSTION OF 2,210
THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER 2,211
MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT 2,212
DOCUMENTS. UPON RECEIPT OF A PETITION AND SUPPORTING COURT 2,213
DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF 2,214
REGISTRATION. THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER 2,215
CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE 2,216
INDIVIDUAL COMMITTED THE ACT IN QUESTION. NOTICE OF OPPORTUNITY 2,218
FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE 2,219
REVISED CODE. IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION 2,220
HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT, 2,221
OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS 2,222
49
SPECIFIED IN DIVISION (B) OF THIS SECTION. 2,223
(I) THE CERTIFICATE OF REGISTRATION OF AN ACUPUNCTURIST 2,226
AND THE ACUPUNCTURIST'S PRACTICE IN THIS STATE ARE AUTOMATICALLY 2,227
SUSPENDED AS OF THE DATE THE ACUPUNCTURIST PLEADS GUILTY TO, IS 2,228
FOUND BY A JUDGE OR JURY TO BE GUILTY OF, OR IS SUBJECT TO A 2,229
JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,230
CONVICTION IN THIS STATE OR TREATMENT OR INTERVENTION IN LIEU OF 2,232
CONVICTION IN ANOTHER JURISDICTION FOR ANY OF THE FOLLOWING 2,233
CRIMINAL OFFENSES IN THIS STATE OR A SUBSTANTIALLY EQUIVALENT 2,234
CRIMINAL OFFENSE IN ANOTHER JURISDICTION: AGGRAVATED MURDER, 2,235
MURDER, VOLUNTARY MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, 2,236
RAPE, SEXUAL BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, 2,237
AGGRAVATED ROBBERY, OR AGGRAVATED BURGLARY. CONTINUED PRACTICE 2,239
AFTER THE SUSPENSION SHALL BE CONSIDERED PRACTICING WITHOUT A 2,240
CERTIFICATE. 2,241
THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE 2,244
SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH
SECTION 119.07 OF THE REVISED CODE. IF AN INDIVIDUAL WHOSE 2,245
CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A 2,246
TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE 2,248
REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY 2,249
REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION. 2,250
(J) IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY 2,253
CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY 2,254
FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT 2,255
TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE 2,257
REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT 2,258
MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS 2,260
MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS. IN 2,261
THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS 2,262
IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION. 2,263
(K) ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF 2,266
THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A 2,267
WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE 2,268
50
ACUPUNCTURIST'S CERTIFICATE MAY BE REINSTATED. THE BOARD SHALL 2,270
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 2,271
GOVERNING CONDITIONS TO BE IMPOSED FOR REINSTATEMENT. 2,272
REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT TO DIVISION (B) 2,273
OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN 2,274
SIX MEMBERS OF THE BOARD.
(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF 2,277
REGISTRATION AS AN ACUPUNCTURIST TO AN APPLICANT, REVOKES AN 2,279
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO RENEW A 2,280
CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN 2,281
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY 2,282
THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A 2,283
PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER 2,284
INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN 2,285
ACUPUNCTURIST AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR 2,286
REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW 2,287
CERTIFICATE.
(M) NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED 2,290
CODE, ALL OF THE FOLLOWING APPLY:
(1) THE SURRENDER OF A CERTIFICATE OF REGISTRATION AS AN 2,293
ACUPUNCTURIST ISSUED UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS 2,294
OR UNTIL ACCEPTED BY THE BOARD. REINSTATEMENT OF A CERTIFICATE 2,295
SURRENDERED TO THE BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT 2,296
FEWER THAN SIX MEMBERS OF THE BOARD.
(2) AN APPLICATION MADE UNDER THIS CHAPTER FOR A 2,299
CERTIFICATE OF REGISTRATION MAY NOT BE WITHDRAWN WITHOUT APPROVAL 2,300
OF THE BOARD.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 2,303
REGISTRATION IN ACCORDANCE WITH SECTION 4762.05 OF THE REVISED 2,304
CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE 2,305
DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL. 2,306
Sec. 4762.131. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2,309
2301.373 OF THE REVISED CODE, THE STATE MEDICAL BOARD SHALL
COMPLY WITH THAT SECTION WITH RESPECT TO A CERTIFICATE OF 2,310
51
REGISTRATION ISSUED PURSUANT TO THIS CHAPTER. 2,311
Sec. 4762.132. IF THE STATE MEDICAL BOARD HAS REASON TO 2,313
BELIEVE THAT ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE UNDER 2,314
THIS CHAPTER IS MENTALLY ILL OR MENTALLY INCOMPETENT, IT MAY FILE 2,316
IN THE PROBATE COURT OF THE COUNTY IN WHICH THE PERSON HAS A 2,317
LEGAL RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN SECTION 2,318
5122.11 OF THE REVISED CODE AND SIGNED BY THE BOARD SECRETARY OR 2,319
A MEMBER OF THE BOARD SECRETARY'S STAFF, WHEREUPON THE SAME 2,320
PROCEEDINGS SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE 2,322
REVISED CODE. THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN 2,323
ANY PROCEEDING COMMENCED UNDER THIS SECTION. 2,324
IF ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE IS 2,326
ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR MENTALLY 2,327
INCOMPETENT, THE PERSON'S CERTIFICATE SHALL BE AUTOMATICALLY 2,328
SUSPENDED UNTIL THE PERSON HAS FILED WITH THE STATE MEDICAL BOARD 2,330
A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE COURT OF THE 2,331
PERSON'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS SUBMITTED TO 2,333
THE BOARD PROOF, SATISFACTORY TO THE BOARD, THAT THE PERSON HAS 2,334
BEEN DISCHARGED AS HAVING A RESTORATION TO COMPETENCY IN THE 2,336
MANNER AND FORM PROVIDED IN SECTION 5122.38 OF THE REVISED CODE. 2,337
THE JUDGE OF THE PROBATE COURT SHALL FORTHWITH NOTIFY THE STATE 2,338
MEDICAL BOARD OF AN ADJUDICATION OF MENTAL ILLNESS OR MENTAL 2,339
INCOMPETENCE, AND SHALL NOTE ANY SUSPENSION OF A CERTIFICATE IN 2,341
THE MARGIN OF THE COURT'S RECORD OF SUCH CERTIFICATE. 2,342
Sec. 4762.14. (A) THE STATE MEDICAL BOARD SHALL 2,345
INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS 2,346
VIOLATED THIS CHAPTER OR THE RULES ADOPTED UNDER IT. ANY PERSON
MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE 2,347
PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF 2,348
THIS CHAPTER OR THE RULES ADOPTED UNDER IT. IN THE ABSENCE OF 2,349
BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES 2,351
BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. 2,352
OF THE REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A 2,353
RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY. EACH 2,354
52
COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD 2,356
SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD. 2,357
(B) INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER 2,359
OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING 2,360
MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF 2,362
THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION 2,363
4762.15 OF THE REVISED CODE. THE BOARD'S PRESIDENT MAY DESIGNATE 2,364
ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN 2,365
PLACE OF THE SUPERVISING MEMBER. A MEMBER OF THE BOARD WHO 2,366
SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN 2,367
FURTHER ADJUDICATION OF THE CASE.
(C) IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER 2,369
OR THE RULES ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS, 2,370
ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE 2,371
ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS, 2,372
PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA 2,373
FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT 2,374
CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF 2,375
THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD. BEFORE 2,376
ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE 2,378
SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS 2,379
PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A 2,380
VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT AND THAT 2,381
THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND 2,382
MATERIAL TO THE INVESTIGATION. THE SUBPOENA MAY APPLY ONLY TO 2,383
RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE 2,385
ALLEGED VIOLATION.
ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD 2,388
AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE 2,389
BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS 2,390
OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE. 2,391
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 2,393
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 2,394
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 2,396
53
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 2,397
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 2,398
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS AN 2,399
ACUPUNCTURIST, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED 2,400
MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE 2,401
SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR 2,402
THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY. 2,403
A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE 2,406
SAME FEES AS A SHERIFF. EACH WITNESS WHO APPEARS BEFORE THE 2,407
BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND 2,408
MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF
COMMON PLEAS. 2,409
(D) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE 2,411
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF 2,412
THE REVISED CODE.
(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 2,414
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 2,415
CIVIL ACTION. 2,416
THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS 2,419
IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND 2,420
PERSONS WHO FILE COMPLAINTS WITH THE BOARD. THE BOARD SHALL NOT 2,422
MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT 2,423
PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN. 2,424
THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO 2,427
AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD 2,428
INFORMATION, WITH OTHER LICENSING BOARDS AND GOVERNMENTAL 2,429
AGENCIES THAT ARE INVESTIGATING ALLEGED PROFESSIONAL MISCONDUCT 2,430
AND WITH LAW ENFORCEMENT AGENCIES AND OTHER GOVERNMENTAL AGENCIES 2,432
THAT ARE INVESTIGATING OR PROSECUTING ALLEGED CRIMINAL OFFENSES.
A BOARD OR AGENCY THAT RECEIVES THE INFORMATION SHALL COMPLY WITH 2,433
THE SAME REQUIREMENTS REGARDING CONFIDENTIALITY AS THOSE WITH 2,434
WHICH THE STATE MEDICAL BOARD MUST COMPLY, NOTWITHSTANDING ANY 2,435
CONFLICTING PROVISION OF THE REVISED CODE OR PROCEDURE OF THE 2,436
BOARD OR AGENCY THAT APPLIES WHEN THE BOARD OR AGENCY IS DEALING 2,437
54
WITH OTHER INFORMATION IN ITS POSSESSION. THE INFORMATION MAY BE 2,438
ADMITTED INTO EVIDENCE IN A CRIMINAL TRIAL IN ACCORDANCE WITH THE 2,439
RULES OF EVIDENCE, BUT THE COURT SHALL REQUIRE THAT APPROPRIATE 2,440
MEASURES ARE TAKEN TO ENSURE THAT CONFIDENTIALITY IS MAINTAINED 2,441
WITH RESPECT TO ANY PART OF THE INFORMATION THAT CONTAINS NAMES
OR OTHER IDENTIFYING INFORMATION ABOUT PATIENTS OR COMPLAINANTS 2,442
WHOSE CONFIDENTIALITY WAS PROTECTED BY THE STATE MEDICAL BOARD 2,443
WHEN THE INFORMATION WAS IN THE BOARD'S POSSESSION. MEASURES TO 2,444
ENSURE CONFIDENTIALITY THAT MAY BE TAKEN BY THE COURT INCLUDE 2,446
SEALING ITS RECORDS OR DELETING SPECIFIC INFORMATION FROM ITS
RECORDS. 2,447
(F) THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR 2,450
AND PROVIDE APPROPRIATE INITIAL TRAINING AND CONTINUING EDUCATION 2,451
FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES 2,452
UNDER THIS CHAPTER. THE TRAINING AND CONTINUING EDUCATION MAY 2,453
INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO 2,454
PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS 2,455
APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE 2,456
REVISED CODE.
(G) ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT 2,459
THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING 2,460
THREE MONTHS. THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION 2,461
FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES: 2,462
(1) THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED 2,465
VIOLATION;
(2) THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY 2,468
THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;
(3) A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE 2,470
COMPLAINT; 2,471
(4) THE DISPOSITION OF THE CASE. 2,473
THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING, 2,475
AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF 2,478
EACH PERSON INVOLVED IN EACH CASE. THE REPORT IS A PUBLIC RECORD 2,479
FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.
55
Sec. 4762.15. (A) AS USED IN THIS SECTION, "PROSECUTOR" 2,481
HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 2,482
(B) WHENEVER ANY PERSON HOLDING A VALID CERTIFICATE ISSUED 2,484
PURSUANT TO THIS CHAPTER PLEADS GUILTY TO, IS SUBJECT TO A 2,486
JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A JUDICIAL FINDING 2,487
OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR A 2,488
VIOLATION OF CHAPTER 2907., 2925., OR 3719. OF THE REVISED CODE
OR OF ANY SUBSTANTIVELY COMPARABLE ORDINANCE OF A MUNICIPAL 2,489
CORPORATION IN CONNECTION WITH THE PERSON'S PRACTICE, THE 2,490
PROSECUTOR IN THE CASE, ON FORMS PRESCRIBED AND PROVIDED BY THE 2,492
STATE MEDICAL BOARD, SHALL PROMPTLY NOTIFY THE BOARD OF THE 2,493
CONVICTION. WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION, 2,495
THE BOARD SHALL INITIATE ACTION IN ACCORDANCE WITH CHAPTER 119. 2,496
OF THE REVISED CODE TO DETERMINE WHETHER TO SUSPEND OR REVOKE THE 2,497
CERTIFICATE UNDER SECTION 4731.22 OF THE REVISED CODE. 2,498
(C) THE PROSECUTOR IN ANY CASE AGAINST ANY PERSON HOLDING 2,500
A VALID CERTIFICATE ISSUED PURSUANT TO THIS CHAPTER, ON FORMS 2,502
PRESCRIBED AND PROVIDED BY THE STATE MEDICAL BOARD, SHALL NOTIFY
THE BOARD OF ANY OF THE FOLLOWING: 2,503
(1) A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR 2,506
COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN 2,507
LIEU OF CONVICTION FOR A FELONY, OR A CASE IN WHICH THE TRIAL 2,509
COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL 2,510
GROUNDS OF A FELONY CHARGE; 2,511
(2) A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR 2,515
COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN 2,516
LIEU OF CONVICTION FOR A MISDEMEANOR COMMITTED IN THE COURSE OF 2,518
PRACTICE, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF 2,519
DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A 2,521
MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF 2,522
PRACTICE;
(3) A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR 2,525
COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN 2,526
LIEU OF CONVICTION FOR A MISDEMEANOR INVOLVING MORAL TURPITUDE, 2,528
56
OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL 2,529
UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR 2,531
INVOLVING MORAL TURPITUDE. 2,532
THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE 2,534
CERTIFICATE HOLDER, THE NATURE OF THE OFFENSE FOR WHICH THE 2,535
ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE 2,536
ACTION. 2,537
Sec. 4762.16. (A) WITHIN SIXTY DAYS AFTER THE IMPOSITION 2,540
OF ANY FORMAL DISCIPLINARY ACTION TAKEN BY ANY HEALTH CARE 2,541
FACILITY, INCLUDING A HOSPITAL, HEALTH CARE FACILITY OPERATED BY 2,542
AN INSURING CORPORATION, AMBULATORY SURGICAL CENTER, OR SIMILAR 2,543
FACILITY, AGAINST ANY INDIVIDUAL HOLDING A VALID CERTIFICATE OF 2,545
REGISTRATION AS AN ACUPUNCTURIST, THE CHIEF ADMINISTRATOR OR 2,546
EXECUTIVE OFFICER OF THE FACILITY SHALL REPORT TO THE STATE 2,548
MEDICAL BOARD THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE 2,549
FACILITY, AND A SUMMARY OF THE UNDERLYING FACTS LEADING TO THE 2,550
ACTION TAKEN. UPON REQUEST, THE BOARD SHALL BE PROVIDED 2,551
CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE BASIS FOR 2,552
THE FACILITY'S ACTION. PRIOR TO RELEASE TO THE BOARD, THE 2,553
SUMMARY SHALL BE APPROVED BY THE PEER REVIEW COMMITTEE THAT 2,554
REVIEWED THE CASE OR BY THE GOVERNING BOARD OF THE FACILITY. 2,556
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO 2,559
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY
ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE 2,560
FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST AN 2,562
ACUPUNCTURIST.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 2,564
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 2,565
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 2,566
(B) AN ACUPUNCTURIST, PROFESSIONAL ASSOCIATION OR SOCIETY 2,569
OF ACUPUNCTURISTS, PHYSICIAN, OR PROFESSIONAL ASSOCIATION OR 2,570
SOCIETY OF PHYSICIANS THAT BELIEVES A VIOLATION OF ANY PROVISION 2,572
OF THIS CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR RULE OF 2,573
THE BOARD HAS OCCURRED SHALL REPORT TO THE BOARD THE INFORMATION 2,575
57
UPON WHICH THE BELIEF IS BASED. THIS DIVISION DOES NOT REQUIRE 2,576
ANY TREATMENT PROVIDER APPROVED BY THE BOARD UNDER SECTION 2,578
4731.25 OF THE REVISED CODE OR ANY EMPLOYEE, AGENT, OR 2,579
REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH RESPECT TO 2,580
AN ACUPUNCTURIST PARTICIPATING IN TREATMENT OR AFTERCARE FOR 2,581
SUBSTANCE ABUSE AS LONG AS THE ACUPUNCTURIST MAINTAINS 2,583
PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 2,584
4731.25 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR 2,585
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON 2,586
TO BELIEVE THAT THE ACUPUNCTURIST HAS VIOLATED ANY PROVISION OF 2,588
THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED 2,589
BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES. THIS DIVISION DOES NOT 2,590
REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER 2,591
COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY 2,592
REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A 2,593
PROFESSIONAL ASSOCIATION OR SOCIETY OF ACUPUNCTURISTS TO PROVIDE 2,594
PEER ASSISTANCE TO ACUPUNCTURISTS WITH SUBSTANCE ABUSE PROBLEMS 2,596
WITH RESPECT TO AN ACUPUNCTURIST WHO HAS BEEN REFERRED FOR 2,597
EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER 2,598
SECTION 4731.25 OF THE REVISED CODE IF THE ACUPUNCTURIST 2,600
COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY 2,601
DETERMINATION THAT THE ACUPUNCTURIST SHOULD ENTER TREATMENT AND 2,602
AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO 2,603
REASON TO BELIEVE THAT THE ACUPUNCTURIST HAS CEASED TO 2,604
PARTICIPATE IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION 2,605
4731.25 OF THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS 2,607
CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY 2,608
ALCOHOL, DRUGS, OR OTHER SUBSTANCES.
(C) ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED 2,610
PRIMARILY OF ACUPUNCTURISTS THAT SUSPENDS OR REVOKES AN 2,611
INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR 2,613
FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL
MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL 2,614
REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE 2,615
58
BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE 2,617
PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS 2,618
LEADING TO THE ACTION TAKEN. 2,619
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO 2,621
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY 2,622
ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL 2,623
ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN 2,625
ACUPUNCTURIST.
(D) ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE 2,628
TO ANY PERSON HOLDING A VALID CERTIFICATE OF REGISTRATION AS AN 2,629
ACUPUNCTURIST OR ANY OTHER ENTITY THAT SEEKS TO INDEMNIFY THE 2,630
PROFESSIONAL LIABILITY OF AN ACUPUNCTURIST SHALL NOTIFY THE BOARD 2,631
WITHIN THIRTY DAYS AFTER THE FINAL DISPOSITION OF ANY WRITTEN 2,632
CLAIM FOR DAMAGES WHERE SUCH DISPOSITION RESULTS IN A PAYMENT 2,633
EXCEEDING TWENTY-FIVE THOUSAND DOLLARS. THE NOTICE SHALL CONTAIN 2,634
THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE 2,636
NOTIFICATION; 2,637
(2) THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT 2,640
OF THE CLAIM;
(3) THE NAME OF THE PERSON FILING THE WRITTEN CLAIM; 2,642
(4) THE DATE OF FINAL DISPOSITION; 2,644
(5) IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE 2,647
FINAL DISPOSITION OF THE CLAIM TOOK PLACE.
(E) THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS 2,650
CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS
ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS 2,653
SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF 2,654
A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE. AS USED IN 2,655
THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS 2,656
FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH 2,657
RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TWENTY-FIVE 2,659
THOUSAND DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING 2,660
NEGLIGENT CONDUCT BY THE ACUPUNCTURIST. 2,661
59
(F) ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND 2,664
MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN 2,665
CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION 2,666
IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING AN 2,667
ACUPUNCTURIST, SUPERVISING PHYSICIAN, OR HEALTH CARE FACILITY 2,668
ARISING OUT OF MATTERS THAT ARE THE SUBJECT OF THE REPORTING 2,669
REQUIRED BY THIS SECTION. THE BOARD MAY USE THE INFORMATION 2,670
OBTAINED ONLY AS THE BASIS FOR AN INVESTIGATION, AS EVIDENCE IN A 2,672
DISCIPLINARY HEARING AGAINST AN ACUPUNCTURIST OR SUPERVISING 2,673
PHYSICIAN, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD ACTION 2,675
OR ORDER.
THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT 2,677
RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY 2,678
COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN 2,680
CREDENTIALING OR RECREDENTIALING AN ACUPUNCTURIST OR SUPERVISING 2,681
PHYSICIAN OR REVIEWING THEIR PRIVILEGE TO PRACTICE WITHIN A 2,683
PARTICULAR FACILITY. THE BOARD SHALL INDICATE WHETHER OR NOT THE 2,684
INFORMATION HAS BEEN VERIFIED. INFORMATION TRANSMITTED BY THE 2,685
BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS 2,686
WHEN MAINTAINED BY THE BOARD.
(G) EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO 2,689
DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY 2,690
REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE 2,691
ACUPUNCTURIST. THE ACUPUNCTURIST SHALL HAVE THE RIGHT TO FILE A 2,692
STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE 2,693
OF THE INFORMATION. THE STATEMENT SHALL AT ALL TIMES ACCOMPANY 2,695
THAT PART OF THE RECORD IN CONTENTION. 2,696
(H) AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR 2,699
REFERS AN IMPAIRED ACUPUNCTURIST TO A TREATMENT PROVIDER APPROVED 2,701
BY THE BOARD UNDER SECTION 4731.25 OF THE REVISED CODE SHALL NOT 2,702
BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A RESULT OF THE REPORT, 2,703
REFERRAL, OR PROVISION OF THE INFORMATION. 2,704
(I) IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL 2,707
ASSOCIATION OR SOCIETY OF ACUPUNCTURISTS THAT SPONSORS A 2,708
60
COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO AN 2,710
ACUPUNCTURIST WITH SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR
AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE 2,711
MEDICAL BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON 2,712
BY REASON OF ACTIONS TAKEN TO REFER AN ACUPUNCTURIST TO A 2,713
TREATMENT PROVIDER APPROVED UNDER SECTION 4731.25 OF THE REVISED 2,715
CODE FOR EXAMINATION OR TREATMENT.
Sec. 4762.17. THE SECRETARY OF THE STATE MEDICAL BOARD 2,718
SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF ACUPUNCTURE. 2,719
IF THE SECRETARY HAS KNOWLEDGE OR NOTICE OF A VIOLATION OF THIS 2,720
CHAPTER OR THE RULES ADOPTED UNDER IT, THE SECRETARY SHALL 2,721
INVESTIGATE THE MATTER, AND, UPON PROBABLE CAUSE APPEARING, FILE 2,722
A COMPLAINT AND PROSECUTE THE OFFENDER. WHEN REQUESTED BY THE 2,723
SECRETARY, THE PROSECUTING ATTORNEY OF THE PROPER COUNTY SHALL 2,724
TAKE CHARGE OF AND CONDUCT THE PROSECUTION.
Sec. 4762.18. THE ATTORNEY GENERAL, THE PROSECUTING 2,727
ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE WAS COMMITTED OR THE 2,728
OFFENDER RESIDES, THE STATE MEDICAL BOARD, OR ANY OTHER PERSON 2,729
HAVING KNOWLEDGE OF A PERSON ENGAGED EITHER DIRECTLY OR BY 2,730
COMPLICITY IN THE PRACTICE OF ACUPUNCTURE WITHOUT HAVING FIRST 2,731
OBTAINED A CERTIFICATE OF REGISTRATION TO DO SO PURSUANT TO THIS 2,732
CHAPTER, MAY, IN ACCORD WITH PROVISIONS OF THE REVISED CODE 2,733
GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THE 2,734
STATE TO ENJOIN ANY PERSON FROM ENGAGING EITHER DIRECTLY OR BY 2,735
COMPLICITY IN THE UNLAWFUL PRACTICE OF ACUPUNCTURE BY APPLYING 2,738
FOR AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION. 2,739
PRIOR TO APPLICATION FOR AN INJUNCTION, THE SECRETARY OF 2,741
THE STATE MEDICAL BOARD SHALL NOTIFY THE PERSON ALLEGEDLY ENGAGED 2,742
EITHER DIRECTLY OR BY COMPLICITY IN THE UNLAWFUL PRACTICE OF 2,743
ACUPUNCTURE BY REGISTERED MAIL THAT THE SECRETARY HAS RECEIVED 2,745
INFORMATION INDICATING THAT THIS PERSON IS SO ENGAGED. THE 2,746
PERSON SHALL ANSWER THE SECRETARY WITHIN THIRTY DAYS SHOWING THAT 2,747
THE PERSON IS EITHER PROPERLY LICENSED FOR THE STATED ACTIVITY OR 2,749
THAT THE PERSON IS NOT IN VIOLATION OF THIS CHAPTER. IF THE 2,752
61
ANSWER IS NOT FORTHCOMING WITHIN THIRTY DAYS AFTER NOTICE BY THE 2,753
SECRETARY, THE SECRETARY SHALL REQUEST THAT THE ATTORNEY GENERAL, 2,754
THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE OFFENSE WAS 2,755
COMMITTED OR THE OFFENDER RESIDES, OR THE STATE MEDICAL BOARD 2,756
PROCEED AS AUTHORIZED IN THIS SECTION. 2,757
UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT 2,759
SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME 2,760
PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER 2,762
CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE POSITION OF 2,764
THE PROCEEDING ON THE CALENDAR OF THE COURT.
INJUNCTION PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN 2,767
LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS 2,768
CHAPTER.
Sec. 4762.19. THE STATE MEDICAL BOARD MAY ADOPT ANY RULES 2,771
NECESSARY TO GOVERN THE PRACTICE OF ACUPUNCTURE, THE SUPERVISORY 2,772
RELATIONSHIP BETWEEN ACUPUNCTURISTS AND SUPERVISING PHYSICIANS, 2,773
AND THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. RULES 2,774
ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH 2,775
CHAPTER 119. OF THE REVISED CODE. 2,776
Sec. 4762.20. THE STATE MEDICAL BOARD, SUBJECT TO THE 2,778
APPROVAL OF THE CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS 2,780
OF THE AMOUNTS SPECIFIED IN THIS CHAPTER, EXCEPT THAT THE FEES 2,783
MAY NOT EXCEED THE SPECIFIED AMOUNTS BY MORE THAN FIFTY PER CENT. 2,785
ALL FEES, PENALTIES, AND OTHER FUNDS RECEIVED BY THE BOARD 2,787
UNDER THIS CHAPTER SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION 2,788
4731.24 OF THE REVISED CODE.
Sec. 4762.21. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 2,791
STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT
OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE 2,793
BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE 2,795
HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, 2,797
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL 2,798
DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY 2,800
SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR 2,801
62
ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR 2,802
DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE 2,803
REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND 2,804
THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 2,805
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 2,806
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 2,807
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 2,808
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 2,809
DAMAGES.
Sec. 4762.99. (A) WHOEVER VIOLATES SECTION 4762.02 OF THE 2,811
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A 2,813
FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS GUILTY 2,815
OF A FELONY OF THE FOURTH DEGREE.
(B) WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF 2,818
SECTION 4762.16 OF THE REVISED CODE IS GUILTY OF A MINOR 2,819
MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE 2,820
PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT 2,821
THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE 2,822
SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE 2,823
THOUSAND DOLLARS FOR EACH OFFENSE. 2,824
Section 2. That existing sections 4731.051, 4731.07, 2,827
4731.22, 4731.221, 4731.223, 4731.224, 4731.24, 4731.25, 2,829
4731.281, and 4731.36 of the Revised Code are hereby repealed.
Section 3. The authority of the State Medical Board to 2,831
take disciplinary action against a person who was found eligible 2,832
for treatment in lieu of conviction in this state on or before 2,833
the effective date of Am. Sub. S.B. 107 of the 123rd General 2,834
Assembly is not altered by the amendments and enactments made by 2,835
this act to conform provisions in Chapters 4731. and 4762. of the
Revised Code with S.B. 107's creation of intervention in lieu of 2,836
conviction.