As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 341 5
1999-2000 6
REPRESENTATIVES SCHURING-VAN VYVEN-OGG-HOLLISTER-PADGETT- 8
JONES-NETZLEY-SCHULER-SULLIVAN-ALLEN-MAIER-SMITH-PATTON-BARRETT- 9
SENATORS DRAKE-SPADA-KEARNS 10
_________________________________________________________________ 12
A B I L L
To amend sections 4730.26, 4731.051, 4731.07, 14
4731.22, 4731.221, 4731.223, 4731.224, 4731.24, 16
4731.25, 4731.281, and 4731.36 and to enact 17
sections 4762.01, 4762.02, 4762.03, 4762.04, 18
4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 19
4762.11, 4762.12, 4762.13, 4762.131, 4762.132,
4762.14, 4762.15, 4762.16, 4762.17, 4762.18, 20
4762.19, 4762.20, 4762.21, and 4762.99 of the 21
Revised Code regarding the State Medical Board's 22
authority to regulate acupuncturists, physicians, 23
and physician assistants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 4730.26, 4731.051, 4731.07, 27
4731.22, 4731.221, 4731.223, 4731.224, 4731.24, 4731.25, 29
4731.281, and 4731.36 be amended and sections 4762.01, 4762.02, 31
4762.03, 4762.04, 4762.05, 4762.06, 4762.08, 4762.09, 4762.10, 32
4762.11, 4762.12, 4762.13, 4762.131, 4762.132, 4762.14, 4762.15, 33
4762.16, 4762.17, 4762.18, 4762.19, 4762.20, 4762.21, and 4762.99 34
of the Revised Code be enacted to read as follows: 35
Sec. 4730.26. (A) The state medical board shall 45
investigate evidence that appears to show that any person has 46
violated this chapter or a rule adopted under it. Any person may 47
report to the board in a signed writing any information the
person has that appears to show a violation of any provision of 48
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this chapter or rule adopted under it. In the absence of bad 49
faith, a person who reports such information or testifies before 50
the board in an adjudication conducted under Chapter 119. of the 51
Revised Code shall not be liable for civil damages as a result of 53
reporting the information or providing testimony. Each complaint 54
or allegation of a violation received by the board shall be 55
assigned a case number and be recorded by the board. 56
(B) Investigations of alleged violations of this chapter 58
or rules adopted under it shall be supervised by the supervising 59
member elected by the board in accordance with section 4731.02 of 60
the Revised Code and by the secretary as provided in section 62
4730.33 of the Revised Code. The president may designate another 63
member of the board to supervise the investigation in place of 64
the supervising member. A member of the board who supervises the 65
investigation of a case shall not participate in further 66
adjudication of the case.
(C) In investigating a possible violation of this chapter 68
or a rule adopted under it, the board may administer oaths, order 69
the taking of depositions, issue subpoenas, and compel the 70
attendance of witnesses and production of books, accounts, 71
papers, records, documents, and testimony, except that a subpoena 72
for patient record information shall not be issued without 73
consultation with the attorney general's office and approval of 74
the secretary and supervising member of the board. Before 75
issuance of a subpoena for patient record information, the 77
secretary and supervising member shall determine whether there is 78
probable cause to believe that the complaint filed alleges a 79
violation of this chapter or a rule adopted under it and that the 80
records sought are relevant to the alleged violation and material 81
to the investigation. The subpoena may apply only to records 82
that cover a reasonable period of time surrounding the alleged 84
violation.
On failure to comply with any subpoena issued by the board 87
and after reasonable notice to the person being subpoenaed, the 88
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board may move for an order compelling the production of persons 89
or records pursuant to the Rules of Civil Procedure. 90
A subpoena issued by the board may be served by a sheriff, 92
the sheriff's deputy, or a board employee designated by the 93
board. Service of a subpoena issued by the board may be made by 95
delivering a copy of the subpoena to the person named therein, 96
reading it to the person, or leaving it at the person's usual 97
place of residence. When the person being served is a physician 98
assistant, service of the subpoena may be made by certified mail, 99
restricted delivery, return receipt requested, and the subpoena 100
shall be deemed served on the date delivery is made or the date 101
the person refuses to accept delivery. 102
A sheriff's deputy who serves a subpoena shall receive the 105
same fees as a sheriff. Each witness who appears before the 106
board in obedience to a subpoena shall receive the fees and 107
mileage provided for witnesses in civil cases in the courts of
common pleas. 108
(D) All hearings and investigations of the board shall be 110
considered civil actions for the purposes of section 2305.251 of 111
the Revised Code. 112
(E) Information received by the board pursuant to an 114
investigation is confidential and not subject to discovery in any 115
civil action. 116
The board shall conduct all investigations and proceedings 119
in a manner that protects the confidentiality of patients and 120
persons who file complaints with the board. The board shall not 122
make public the names or any other identifying information about 123
patients or complainants unless proper consent is given or, in 124
the case of a patient, a waiver of the patient privilege exists 125
under division (B) of section 2317.02 of the Revised Code, except 127
that consent or a waiver is not required if the board possesses 128
reliable and substantial evidence that no bona fide 130
physician-patient relationship exists.
The board may share any information it receives pursuant to 133
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an investigation, including patient records and patient record 134
information, with other licensing boards and governmental 135
agencies that are investigating alleged professional misconduct 136
and with law enforcement agencies, OTHER LICENSING BOARDS, and 137
other governmental agencies that are PROSECUTING, ADJUDICATING, 139
OR investigating or prosecuting alleged criminal offenses. A 140
board or VIOLATIONS OF STATUTES OR ADMINISTRATIVE RULES. AN 141
agency OR BOARD that receives the information shall comply with 142
the same requirements regarding confidentiality as those with 143
which the state medical board must comply, notwithstanding any 144
conflicting provision of the Revised Code or procedure of the 146
board or agency OR BOARD that applies when the board or agency IT 147
is dealing with other information in its possession. The IN A 148
JUDICIAL PROCEEDING, THE information may be admitted into 150
evidence in a criminal trial ONLY in accordance with the Rules of 152
Evidence, but the court shall require that appropriate measures 153
are taken to ensure that confidentiality is maintained with 154
respect to any part of the information that contains names or
other identifying information about patients or complainants 155
whose confidentiality was protected by the state medical board 156
when the information was in the board's possession. Measures to 157
ensure confidentiality that may be taken by the court include 159
sealing its records or deleting specific information from its
records. 160
(F) The state medical board shall develop requirements for 163
and provide appropriate initial and continuing training for 164
investigators employed by the board to carry out its duties under 165
this chapter. The training and continuing education may include 166
enrollment in courses operated or approved by the Ohio peace 167
officer training council that the board considers appropriate 168
under conditions set forth in section 109.79 of the Revised Code. 169
(G) On a quarterly basis, the board shall prepare a report 172
that documents the disposition of all cases during the preceding 173
three months. The report shall contain the following information 174
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for each case with which the board has completed its activities: 175
(1) The case number assigned to the complaint or alleged 178
violation;
(2) The type of certificate to practice, if any, held by 181
the individual against whom the complaint is directed;
(3) A description of the allegations contained in the 183
complaint; 184
(4) The disposition of the case. 186
The report shall state how many cases are still pending, 188
and shall be prepared in a manner that protects the identity of 191
each person involved in each case. The report shall be submitted 192
to the physician assistant policy committee of the board and is a 193
public record for purposes of section 149.43 of the Revised Code. 194
Sec. 4731.051. The state medical board shall adopt rules 203
in accordance with Chapter 119. of the Revised Code establishing 205
universal blood and body fluid precautions that shall be used by 207
each person who performs exposure prone invasive procedures and 209
is authorized to practice by this chapter or Chapter 4730. OR 210
4762. of the Revised Code. The rules shall define and establish 211
requirements for universal blood and body fluid precautions that 213
include the following:
(A) Appropriate use of hand washing; 215
(B) Disinfection and sterilization of equipment; 217
(C) Handling and disposal of needles and other sharp 219
instruments;
(D) Wearing and disposal of gloves and other protective 221
garments and devices.
Sec. 4731.07. The state medical board shall keep a record 230
of its proceedings. It shall also keep a register of applicants 231
for certificates, showing OF REGISTRATION ISSUED UNDER THIS 232
CHAPTER, CHAPTER 4730. OF THE REVISED CODE, AND CHAPTER 4762. OF 233
THE REVISED CODE. THE REGISTER SHALL SHOW the name of the 235
applicant, the name and location of the institution granting him 236
the degree of doctor of medicine or surgery or the degree of 237
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doctor of osteopathy or surgery, and whether he THE APPLICANT was 239
granted or refused a certificate. WITH RESPECT TO APPLICANTS TO 242
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND 243
SURGERY, THE REGISTER SHALL SHOW THE NAME OF THE INSTITUTION THAT
GRANTED THE APPLICANT THE DEGREE OF DOCTOR OF MEDICINE OR 244
OSTEOPATHIC MEDICINE. The booksand BOOKS AND records of the 245
board shall be prima-facie evidence of matters therein contained. 249
Sec. 4731.22. (A) The state medical board, by an 259
affirmative vote of not fewer than six of its members, may revoke 260
or may refuse to grant a certificate to a person found by the 261
board to have committed fraud during the administration of the 262
examination for a certificate to practice or to have committed 264
fraud, misrepresentation, or deception in applying for or 265
securing any certificate to practice or certificate of
registration issued by the board. 266
(B) The board, by an affirmative vote of not fewer than 269
six members, shall, to the extent permitted by law, limit, 270
revoke, or suspend an individual's certificate to practice, 272
refuse to register an individual, refuse to reinstate a 273
certificate, or reprimand or place on probation the holder of a 275
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 277
or certificate of registration to be used by a person, group, or 279
corporation when the individual concerned is not actually 280
directing the treatment given; 281
(2) Failure to maintain minimal standards applicable to 284
the selection or administration of drugs, or failure to employ 285
acceptable scientific methods in the selection of drugs or other 286
modalities for treatment of disease; 287
(3) Selling, giving away, personally furnishing, 289
prescribing, or administering drugs for other than legal and 290
legitimate therapeutic purposes or a plea of guilty to, a 291
judicial finding of guilt of, or a judicial finding of 292
eligibility for treatment INTERVENTION in lieu of conviction of, 294
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a violation of any federal or state law regulating the
possession, distribution, or use of any drug; 295
(4) Willfully betraying a professional confidence. 297
For purposes of this division, "willfully betraying a 299
professional confidence" does not include the making of a report 300
of an employee's use of a drug of abuse, or a report of a 301
condition of an employee other than one involving the use of a 302
drug of abuse, to the employer of the employee as described in 303
division (B) of section 2305.33 of the Revised Code. Nothing in 305
this division affects the immunity from civil liability conferred 307
by that section upon a physician who makes either type of report 308
in accordance with division (B) of that section. As used in this 309
division, "employee," "employer," and "physician" have the same 310
meanings as in section 2305.33 of the Revised Code. 311
(5) Making a false, fraudulent, deceptive, or misleading 314
statement in the solicitation of or advertising for patients; in 316
relation to the practice of medicine and surgery, osteopathic 317
medicine and surgery, podiatry, or a limited branch of medicine; 318
or in securing or attempting to secure any certificate to 320
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 322
misleading statement" means a statement that includes a 323
misrepresentation of fact, is likely to mislead or deceive 324
because of a failure to disclose material facts, is intended or 325
is likely to create false or unjustified expectations of 326
favorable results, or includes representations or implications 327
that in reasonable probability will cause an ordinarily prudent 328
person to misunderstand or be deceived. 329
(6) A departure from, or the failure to conform to, 331
minimal standards of care of similar practitioners under the same 332
or similar circumstances, whether or not actual injury to a 333
patient is established; 334
(7) Representing, with the purpose of obtaining 336
compensation or other advantage as personal gain or for any other 338
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person, that an incurable disease or injury, or other incurable 339
condition, can be permanently cured; 340
(8) The obtaining of, or attempting to obtain, money or 342
anything of value by fraudulent misrepresentations in the course 343
of practice; 344
(9) A plea of guilty to, a judicial finding of guilt of, 347
or a judicial finding of eligibility for treatment INTERVENTION 348
in lieu of conviction for, a felony; 349
(10) Commission of an act that constitutes a felony in 351
this state, regardless of the jurisdiction in which the act was 352
committed; 353
(11) A plea of guilty to, a judicial finding of guilt of, 356
or a judicial finding of eligibility for treatment INTERVENTION 357
in lieu of conviction for, a misdemeanor committed in the course 358
of practice;
(12) Commission of an act in the course of practice that 360
constitutes a misdemeanor in this state, regardless of the 362
jurisdiction in which the act was committed; 363
(13) A plea of guilty to, a judicial finding of guilt of, 366
or a judicial finding of eligibility for treatment INTERVENTION 367
in lieu of conviction for, a misdemeanor involving moral 368
turpitude;
(14) Commission of an act involving moral turpitude that 370
constitutes a misdemeanor in this state, regardless of the 372
jurisdiction in which the act was committed; 373
(15) Violation of the conditions of limitation placed by 375
the board upon a certificate to practice; 376
(16) Failure to pay license renewal fees specified in this 378
chapter; 379
(17) Except as authorized in section 4731.31 of the 381
Revised Code, engaging in the division of fees for referral of 383
patients, or the receiving of a thing of value in return for a 384
specific referral of a patient to utilize a particular service or 385
business;
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(18) Subject to section 4731.226 of the Revised Code, 387
violation of any provision of a code of ethics of the American 389
medical association, the American osteopathic association, the 390
American podiatric medical association, or any other national 391
professional organizations that the board specifies by rule. The 393
state medical board shall obtain and keep on file current copies 394
of the codes of ethics of the various national professional 395
organizations. The individual whose certificate is being 396
suspended or revoked shall not be found to have violated any 398
provision of a code of ethics of an organization not appropriate 399
to the individual's profession. 400
For purposes of this division, a "provision of a code of 403
ethics of a national professional organization" does not include 404
any provision that would preclude the making of a report by a 405
physician of an employee's use of a drug of abuse, or of a 406
condition of an employee other than one involving the use of a 407
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 409
this division affects the immunity from civil liability conferred 410
by that section upon a physician who makes either type of report 411
in accordance with division (B) of that section. As used in this 412
division, "employee," "employer," and "physician" have the same 413
meanings as in section 2305.33 of the Revised Code. 414
(19) Inability to practice according to acceptable and 416
prevailing standards of care by reason of mental illness or 417
physical illness, including, but not limited to, physical 418
deterioration that adversely affects cognitive, motor, or 419
perceptive skills. 420
In enforcing this division, the board, upon a showing of a 423
possible violation, may compel any individual authorized to 424
practice by this chapter or who has submitted an application 426
pursuant to this chapter to submit to a mental examination, 428
physical examination, including an HIV test, or both a mental and 430
a physical examination. The expense of the examination is the 432
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responsibility of the individual compelled to be examined. 433
Failure to submit to a mental or physical examination or consent 434
to an HIV test ordered by the board constitutes an admission of 435
the allegations against the individual unless the failure is due 437
to circumstances beyond the individual's control, and a default 438
and final order may be entered without the taking of testimony or 439
presentation of evidence. If the board finds an individual 440
unable to practice because of the reasons set forth in this 442
division, the board shall require the individual to submit to 443
care, counseling, or treatment by physicians approved or 444
designated by the board, as a condition for initial, continued, 445
reinstated, or renewed authority to practice. An individual 447
affected under this division shall be afforded an opportunity to 449
demonstrate to the board the ability to resume practice in 450
compliance with acceptable and prevailing standards under the 451
provisions of the individual's certificate. For the purpose of 453
this division, any individual who applies for or receives a 454
certificate to practice under this chapter accepts the privilege 455
of practicing in this state and, by so doing, shall be deemed to 458
have given consent to submit to a mental or physical examination 459
when directed to do so in writing by the board, and to have 460
waived all objections to the admissibility of testimony or 461
examination reports that constitute a privileged communication. 462
(20) Except when civil penalties are imposed under section 464
4731.225 or 4731.281 of the Revised Code, and subject to section 465
4731.226 of the Revised Code, violating or attempting to violate, 467
directly or indirectly, or assisting in or abetting the violation 468
of, or conspiring to violate, any provisions of this chapter or 469
any rule promulgated by the board.
This division does not apply to a violation or attempted 471
violation of, assisting in or abetting the violation of, or a 472
conspiracy to violate, any provision of this chapter or any rule 473
adopted by the board that would preclude the making of a report 476
by a physician of an employee's use of a drug of abuse, or of a 477
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condition of an employee other than one involving the use of a 478
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 480
this division affects the immunity from civil liability conferred 481
by that section upon a physician who makes either type of report 482
in accordance with division (B) of that section. As used in this 483
division, "employee," "employer," and "physician" have the same 484
meanings as in section 2305.33 of the Revised Code. 485
(21) The violation of any abortion rule adopted by the 487
public health council pursuant to section 3701.341 of the Revised 488
Code; 489
(22) Any of the following actions taken by the state 491
agency responsible for regulating the practice of medicine and 492
surgery, osteopathic medicine and surgery, podiatry, or the 493
limited branches of medicine in another state JURISDICTION, for 494
any reason other than the nonpayment of fees: the limitation, 496
revocation, or suspension of an individual's license to practice; 497
acceptance of an individual's license surrender; denial of a 498
license; refusal to renew or reinstate a license; imposition of 500
probation; or issuance of an order of censure or other reprimand; 501
(23) The violation of section 2919.12 of the Revised Code 503
or the performance or inducement of an abortion upon a pregnant 504
woman with actual knowledge that the conditions specified in 505
division (B) of section 2317.56 of the Revised Code have not been 506
satisfied or with a heedless indifference as to whether those 507
conditions have been satisfied, unless an affirmative defense as 508
specified in division (H)(2) of that section would apply in a 509
civil action authorized by division (H)(1) of that section; 510
(24) The revocation, suspension, restriction, reduction, 512
or termination of clinical privileges by the United States 514
department of defense or department of veterans affairs or the 516
termination or suspension of a certificate of registration to 517
prescribe drugs by the drug enforcement administration of the 518
United States department of justice; 519
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(25) Termination or suspension from participation in the 521
medicare or medicaid programs by the department of health and 523
human services or other responsible agency for any act or acts 524
that also would constitute a violation of division (B)(2), (3), 525
(6), (8), or (19) of this section; 526
(26) Impairment of ability to practice according to 528
acceptable and prevailing standards of care because of habitual 529
or excessive use or abuse of drugs, alcohol, or other substances 530
that impair ability to practice. 531
For the purposes of this division, any individual 533
authorized to practice by this chapter accepts the privilege of 535
practicing in this state subject to supervision by the board. By 536
filing an application for or holding a certificate to practice 539
under this chapter, an individual shall be deemed to have given 541
consent to submit to a mental or physical examination when 542
ordered to do so by the board in writing, and to have waived all 543
objections to the admissibility of testimony or examination 544
reports that constitute privileged communications. 545
If it has reason to believe that any individual authorized 547
to practice by this chapter or any applicant for certification to 549
practice suffers such impairment, the board may compel the 550
individual to submit to a mental or physical examination, or 551
both. The expense of the examination is the responsibility of 553
the individual compelled to be examined. Any mental or physical 555
examination required under this division shall be undertaken by a 556
treatment provider or physician who is qualified to conduct the 557
examination and who is chosen by the board. 558
Failure to submit to a mental or physical examination 561
ordered by the board constitutes an admission of the allegations 562
against the individual unless the failure is due to circumstances 563
beyond the individual's control, and a default and final order 564
may be entered without the taking of testimony or presentation of 565
evidence. If the board determines that the individual's ability 566
to practice is impaired, the board shall suspend the individual's 567
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certificate or deny the individual's application and shall 568
require the individual, as a condition for initial, continued, 569
reinstated, or renewed certification to practice, to submit to 571
treatment.
Before being eligible to apply for reinstatement of a 573
certificate suspended under this division, the impaired 575
practitioner shall demonstrate to the board the ability to resume 577
practice in compliance with acceptable and prevailing standards 578
of care under the provisions of the practitioner's certificate. 579
The demonstration shall include, but shall not be limited to, the 581
following:
(a) Certification from a treatment provider approved under 583
section 4731.25 of the Revised Code that the individual has 585
successfully completed any required inpatient treatment; 586
(b) Evidence of continuing full compliance with an 588
aftercare contract or consent agreement; 589
(c) Two written reports indicating that the individual's 591
ability to practice has been assessed and that the individual has 592
been found capable of practicing according to acceptable and 593
prevailing standards of care. The reports shall be made by 594
individuals or providers approved by the board for making the 595
assessments and shall describe the basis for their determination. 596
The board may reinstate a certificate suspended under this 599
division after that demonstration and after the individual has 600
entered into a written consent agreement. 601
When the impaired practitioner resumes practice, the board 603
shall require continued monitoring of the individual. The 605
monitoring shall include, but not be limited to, compliance with 607
the written consent agreement entered into before reinstatement 608
or with conditions imposed by board order after a hearing, and, 609
upon termination of the consent agreement, submission to the 610
board for at least two years of annual written progress reports 611
made under penalty of perjury stating whether the individual has 612
maintained sobriety. 613
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(27) A second or subsequent violation of section 4731.66 615
or 4731.69 of the Revised Code; 616
(28) Except as provided in division (N) of this section: 618
(a) Waiving the payment of all or any part of a deductible 621
or copayment that a patient, pursuant to a health insurance or 622
health care policy, contract, or plan that covers the 623
individual's services, otherwise would be required to pay if the 625
waiver is used as an enticement to a patient or group of patients 626
to receive health care services from that individual; 627
(b) Advertising that the individual will waive the payment 630
of all or any part of a deductible or copayment that a patient, 631
pursuant to a health insurance or health care policy, contract, 632
or plan that covers the individual's services, otherwise would be 634
required to pay. 635
(29) Failure to use universal blood and body fluid 637
precautions established by rules adopted under section 4731.051 638
of the Revised Code; 639
(30) Failure of a collaborating physician to fulfill the 642
responsibilities agreed to by the physician and an advanced 644
practice nurse participating in a pilot program under section 645
4723.52 of the Revised Code;
(31) Failure to provide notice to, and receive 647
acknowledgment of the notice from, a patient when required by 649
section 4731.143 of the Revised Code prior to providing 650
nonemergency professional services, or failure to maintain that 651
notice in the patient's file;
(32) Failure of a physician supervising a physician 653
assistant to maintain supervision in accordance with the 654
requirements of Chapter 4730. of the Revised Code and the rules 655
adopted under that chapter;
(33) Failure of a physician or podiatrist to enter into a 657
standard care arrangement with a clinical nurse specialist, 658
certified nurse-midwife, or certified nurse practitioner with 659
whom the physician or podiatrist is in collaboration pursuant to 660
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section 4731.27 of the Revised Code or failure to fulfill the 661
responsibilities of collaboration after entering into a standard 662
care arrangement;
(34) Failure to comply with the terms of a consult 664
agreement entered into with a pharmacist pursuant to section 665
4729.39 of the Revised Code; 666
(35) Failure to cooperate in an investigation conducted by 668
the board under division (F) of this section, including failure 670
to comply with a subpoena or order issued by the board or failure 671
to answer truthfully a question presented by the board at a 672
deposition or in written interrogatories, except that failure to 673
cooperate with an investigation shall not constitute grounds for 674
discipline under this section if a court of competent 675
jurisdiction has issued an order that either quashes a subpoena 676
or permits the individual to withhold the testimony or evidence 677
in issue;
(36) FAILURE TO SUPERVISE AN ACUPUNCTURIST IN ACCORDANCE 679
WITH CHAPTER 4762. OF THE REVISED CODE AND THE BOARD'S RULES FOR 680
SUPERVISION OF AN ACUPUNCTURIST. 681
(C) Disciplinary actions taken by the board under 683
divisions (A) and (B) of this section shall be taken pursuant to 684
an adjudication under Chapter 119. of the Revised Code, except 685
that in lieu of an adjudication, the board may enter into a 686
consent agreement with an individual to resolve an allegation of 687
a violation of this chapter or any rule adopted under it. A 688
consent agreement, when ratified by an affirmative vote of not 689
fewer than six members of the board, shall constitute the 690
findings and order of the board with respect to the matter 691
addressed in the agreement. If the board refuses to ratify a 692
consent agreement, the admissions and findings contained in the 693
consent agreement shall be of no force or effect. 694
(D) For purposes of divisions (B)(10), (12), and (14) of 696
this section, the commission of the act may be established by a 697
finding by the board, pursuant to an adjudication under Chapter 699
16
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 702
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 705
The board has jurisdiction under those divisions if the trial 706
court issues an order of dismissal upon technical or procedural 707
grounds.
(E) The sealing of conviction records by any court shall 709
have no effect upon a prior board order entered under this 710
section or upon the board's jurisdiction to take action under 711
this section if, based upon a plea of guilty, a judicial finding 713
of guilt, or a judicial finding of eligibility for treatment 714
INTERVENTION in lieu of conviction, the board issued a notice of 715
opportunity for a hearing prior to the court's order to seal the 716
records. The board shall not be required to seal, destroy, 717
redact, or otherwise modify its records to reflect the court's 718
sealing of conviction records. 719
(F)(1) The board shall investigate evidence that appears 721
to show that a person has violated any provision of this chapter 723
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 725
appears to show a violation of any provision of this chapter or 726
any rule adopted under it. In the absence of bad faith, any 728
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 730
of the Revised Code shall not be liable in damages in a civil 731
action as a result of the report or testimony. Each complaint or 733
allegation of a violation received by the board shall be assigned 734
a case number and shall be recorded by the board. 735
(2) Investigations of alleged violations of this chapter 737
or any rule adopted under it shall be supervised by the 739
supervising member elected by the board in accordance with 740
section 4731.02 of the Revised Code and by the secretary as 741
provided in section 4731.39 of the Revised Code. The president
17
may designate another member of the board to supervise the 743
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 745
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 748
or any rule adopted under this chapter, the board may administer 750
oaths, order the taking of depositions, issue subpoenas, and 751
compel the attendance of witnesses and production of books, 752
accounts, papers, records, documents, and testimony, except that 753
a subpoena for patient record information shall not be issued 754
without consultation with the attorney general's office and 755
approval of the secretary and supervising member of the board. 757
Before issuance of a subpoena for patient record information, the 758
secretary and supervising member shall determine whether there is 761
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 762
the records sought are relevant to the alleged violation and 764
material to the investigation. The subpoena may apply only to 765
records that cover a reasonable period of time surrounding the 766
alleged violation. 767
On failure to comply with any subpoena issued by the board 770
and after reasonable notice to the person being subpoenaed, the 771
board may move for an order compelling the production of persons 772
or records pursuant to the Rules of Civil Procedure. 773
A subpoena issued by the board may be served by a sheriff, 775
the sheriff's deputy, or a board employee designated by the 776
board. Service of a subpoena issued by the board may be made by 778
delivering a copy of the subpoena to the person named therein, 779
reading it to the person, or leaving it at the person's usual 780
place of residence. When the person being served is a person 781
whose practice is authorized by this chapter, service of the 782
subpoena may be made by certified mail, restricted delivery, 783
return receipt requested, and the subpoena shall be deemed served 784
on the date delivery is made or the date the person refuses to 785
18
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 787
same fees as a sheriff. Each witness who appears before the 789
board in obedience to a subpoena shall receive the fees and 791
mileage provided for witnesses in civil cases in the courts of 792
common pleas.
(4) All hearings and investigations of the board shall be 794
considered civil actions for the purposes of section 2305.251 of 795
the Revised Code. 796
(5) Information received by the board pursuant to an 798
investigation is confidential and not subject to discovery in any 799
civil action. 800
The board shall conduct all investigations and proceedings 802
in a manner that protects the confidentiality of patients and 804
persons who file complaints with the board. The board shall not 806
make public the names or any other identifying information about 807
patients or complainants unless proper consent is given or, in 808
the case of a patient, a waiver of the patient privilege exists 809
under division (B) of section 2317.02 of the Revised Code, except 810
that consent or a waiver of that nature is not required if the 811
board possesses reliable and substantial evidence that no bona 813
fide physician-patient relationship exists. 814
The board may share any information it receives pursuant to 817
an investigation, including patient records and patient record 818
information, with other licensing boards and governmental 819
agencies that are investigating alleged professional misconduct 820
and with law enforcement agencies, OTHER LICENSING BOARDS, and 821
other governmental agencies that are PROSECUTING, ADJUDICATING, 823
OR investigating or prosecuting alleged criminal offenses. A 824
board or VIOLATIONS OF STATUTES OR ADMINISTRATIVE RULES. AN 825
agency OR BOARD that receives the information shall comply with 826
the same requirements regarding confidentiality as those with 827
which the state medical board must comply, notwithstanding any 828
conflicting provision of the Revised Code or procedure of the 830
19
board or agency OR BOARD that applies when the board or agency IT 831
is dealing with other information in its possession. The IN A 832
JUDICIAL PROCEEDING, THE information may be admitted into 835
evidence in a criminal trial ONLY in accordance with the Rules of 836
Evidence, but the court shall require that appropriate measures 837
are taken to ensure that confidentiality is maintained with 838
respect to any part of the information that contains names or 839
other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 840
when the information was in the board's possession. Measures to 841
ensure confidentiality that may be taken by the court include 842
sealing its records or deleting specific information from its 844
records.
(6) On a quarterly basis, the board shall prepare a report 846
that documents the disposition of all cases during the preceding 847
three months. The report shall contain the following information 848
for each case with which the board has completed its activities: 849
(a) The case number assigned to the complaint or alleged 851
violation; 852
(b) The type of certificate to practice, if any, held by 855
the individual against whom the complaint is directed; 856
(c) A description of the allegations contained in the 858
complaint; 859
(d) The disposition of the case. 861
The report shall state how many cases are still pending and 864
shall be prepared in a manner that protects the identity of each 866
person involved in each case. The report shall be a public 867
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 869
there is clear and convincing evidence that an individual has 871
violated division (B) of this section and that the individual's 872
continued practice presents a danger of immediate and serious 874
harm to the public, they may recommend that the board suspend the 875
individual's certificate to practice without a prior hearing. 877
20
Written allegations shall be prepared for consideration by the
board. 878
The board, upon review of those allegations and by an 880
affirmative vote of not fewer than six of its members, excluding 882
the secretary and supervising member, may suspend a certificate 883
without a prior hearing. A telephone conference call may be 884
utilized for reviewing the allegations and taking the vote on the 885
summary suspension. 886
The board shall issue a written order of suspension by 888
certified mail or in person in accordance with section 119.07 of 889
the Revised Code. The order shall not be subject to suspension 891
by the court during pendency of any appeal filed under section 892
119.12 of the Revised Code. If the individual subject to the 894
summary suspension requests an adjudicatory hearing by the board, 895
the date set for the hearing shall be within fifteen days, but 896
not earlier than seven days, after the individual requests the 898
hearing, unless otherwise agreed to by both the board and the 899
individual.
Any summary suspension imposed under this division shall 901
remain in effect, unless reversed on appeal, until a final 902
adjudicative order issued by the board pursuant to this section 903
and Chapter 119. of the Revised Code becomes effective. The 904
board shall issue its final adjudicative order within sixty days 905
after completion of its hearing. A failure to issue the order 906
within sixty days shall result in dissolution of the summary 907
suspension order but shall not invalidate any subsequent, final 908
adjudicative order. 909
(H) If the board takes action under division (B)(9), (11), 912
or (13) of this section and the judicial finding of guilt, guilty 913
plea, or judicial finding of eligibility for treatment 914
INTERVENTION in lieu of conviction is overturned on appeal, upon 916
exhaustion of the criminal appeal, a petition for reconsideration 917
of the order may be filed with the board along with appropriate 918
court documents. Upon receipt of a petition of that nature and 920
21
supporting court documents, the board shall reinstate the
individual's certificate to practice. The board may then hold an 922
adjudication under Chapter 119. of the Revised Code to determine 923
whether the individual committed the act in question. Notice of 925
an opportunity for a hearing shall be given in accordance with 926
Chapter 119. of the Revised Code. If the board finds, pursuant 927
to an adjudication held under this division, that the individual 928
committed the act or if no hearing is requested, the board may 930
order any of the sanctions identified under division (B) of this 931
section.
(I) The certificate to practice issued to an individual 933
under this chapter and the individual's practice in this state 935
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 937
subject to a judicial finding of eligibility for intervention in 938
lieu of conviction in this state or treatment or intervention in 939
lieu of conviction in another state JURISDICTION for any of the 941
following criminal offenses in this state or a substantially 943
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary manslaughter, felonious assault, 945
kidnapping, rape, sexual battery, gross sexual imposition, 946
aggravated arson, aggravated robbery, or aggravated burglary. 947
Continued practice after suspension shall be considered 948
practicing without a certificate. 949
The board shall notify the individual subject to the 952
suspension by certified mail or in person in accordance with 953
section 119.07 of the Revised Code. If an individual whose 954
certificate is suspended under this division fails to make a 955
timely request for an adjudication under Chapter 119. of the 956
Revised Code, the board shall enter a final order permanently 957
revoking the individual's certificate to practice. 958
(J) If the board is required by Chapter 119. of the 961
Revised Code to give notice of an opportunity for a hearing and 962
if the individual subject to the notice does not timely request a 963
22
hearing in accordance with section 119.07 of the Revised Code, 965
the board is not required to hold a hearing, but may adopt, by an 966
affirmative vote of not fewer than six of its members, a final 968
order that contains the board's findings. In that final order, 969
the board may order any of the sanctions identified under 970
division (A) or (B) of this section. 971
(K) Any action taken by the board under division (B) of 973
this section resulting in a suspension from practice shall be 974
accompanied by a written statement of the conditions under which 975
the individual's certificate to practice may be reinstated. The 977
board shall adopt rules governing conditions to be imposed for 978
reinstatement. Reinstatement of a certificate suspended pursuant 979
to division (B) of this section requires an affirmative vote of 980
not fewer than six members of the board. 981
(L) When the board refuses to grant a certificate to an 984
applicant, revokes an individual's certificate to practice, 986
refuses to register an applicant, or refuses to reinstate an 987
individual's certificate to practice, the board may specify that 988
its action is permanent. An individual subject to a permanent 989
action taken by the board is forever thereafter ineligible to 990
hold a certificate to practice and the board shall not accept an 991
application for reinstatement of the certificate or for issuance 992
of a new certificate.
(M) Notwithstanding any other provision of the Revised 994
Code, all of the following apply: 995
(1) The surrender of a certificate issued under this 997
chapter shall not be effective unless or until accepted by the 999
board. Reinstatement of a certificate surrendered to the board 1,000
requires an affirmative vote of not fewer than six members of the 1,001
board.
(2) An application for a certificate made under the 1,004
provisions of this chapter may not be withdrawn without approval 1,006
of the board.
(3) Failure by an individual to renew a certificate of 1,009
23
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 1,011
under this section against the individual. 1,012
(N) Sanctions shall not be imposed under division (B)(28) 1,015
of this section against any person who waives deductibles and 1,016
copayments as follows:
(1) In compliance with the health benefit plan that 1,018
expressly allows such a practice. Waiver of the deductibles or 1,019
copayments shall be made only with the full knowledge and consent 1,020
of the plan purchaser, payer, and third-party administrator. 1,021
Documentation of the consent shall be made available to the board 1,022
upon request.
(2) For professional services rendered to any other person 1,024
authorized to practice pursuant to this chapter, to the extent 1,026
allowed by this chapter and rules adopted by the board. 1,027
(O) Under the board's investigative duties described in 1,029
this section and subject to division (F) of this section, the 1,031
board shall develop and implement a quality intervention program 1,033
designed to improve through remedial education the clinical and 1,035
communication skills of individuals authorized under this chapter 1,036
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 1,038
quality intervention program, the board may do all of the 1,039
following:
(1) Offer in appropriate cases as determined by the board 1,041
an educational and assessment program pursuant to an 1,042
investigation the board conducts under this section; 1,043
(2) Select providers of educational and assessment 1,045
services, including a quality intervention program panel of case 1,046
reviewers;
(3) Make referrals to educational and assessment service 1,049
providers and approve individual educational programs recommended 1,050
by those providers. The board shall monitor the progress of each 1,051
individual undertaking a recommended individual educational 1,052
24
program. 1,053
(4) Determine what constitutes successful completion of an 1,055
individual educational program and require further monitoring of 1,056
the individual who completed the program or other action that the 1,058
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 1,060
Revised Code to further implement the quality intervention 1,062
program.
An individual who participates in an individual educational 1,065
program pursuant to this division shall pay the financial 1,066
obligations arising from that educational program. 1,067
Sec. 4731.221. If the state medical board has reason to 1,076
believe that any person who has been granted a certificate under 1,077
Chapter 4731. of the Revised Code THIS CHAPTER is mentally ill or 1,079
mentally incompetent, it may file in the probate court of the 1,080
county in which such person has a legal residence an affidavit in 1,081
the form prescribed in section 5122.11 of the Revised Code and 1,082
signed by the board secretary or a member of the board 1,083
secretary's staff, whereupon the same proceedings shall be had as 1,085
provided in Chapter 5122. of the Revised Code. The attorney 1,086
general may represent the board in any proceeding commenced under 1,087
this section.
If any person who has been granted a certificate is 1,089
adjudged by a probate court to be mentally ill or mentally 1,090
incompetent, the person's certificate shall be automatically 1,091
suspended until such person has filed with the state medical 1,093
board a certified copy of an adjudication by a probate court of 1,094
the person's subsequent restoration to competency or has 1,096
submitted to such board proof, satisfactory to the board, that 1,097
the person has been discharged as having a restoration to 1,099
competency in the manner and form provided in section 5122.38 of 1,100
the Revised Code. The judge of such court shall forthwith notify 1,101
the state medical board of an adjudication of MENTAL ILLNESS OR 1,102
MENTAL incompetence, and shall note any suspension of a 1,104
25
certificate in the margin of the court's record of such 1,105
certificate.
Sec. 4731.223. (A) As used in this section, "prosecutor" 1,114
has the same meaning as in section 2935.01 of the Revised Code. 1,115
(B) Whenever any person holding a valid certificate issued 1,117
pursuant to this chapter pleads guilty to, is subject to a 1,119
judicial finding of guilt of, or is subject to a judicial finding 1,120
of eligibility for treatment INTERVENTION in lieu of conviction 1,122
for a violation of Chapter 2907., 2925., or 3719. of the Revised 1,123
Code or of any substantively comparable ordinance of a municipal 1,124
corporation in connection with the person's practice, the 1,125
prosecutor in the case, on forms prescribed and provided by the 1,127
state medical board, shall promptly notify the board of the 1,128
conviction or guilty plea. Within thirty days of receipt of that 1,129
information, the board shall initiate action in accordance with 1,131
Chapter 119. of the Revised Code to determine whether to suspend 1,132
or revoke the certificate under section 4731.22 of the Revised 1,133
Code.
(C) The prosecutor in any case against any person holding 1,135
a valid certificate issued pursuant to this chapter, on forms 1,137
prescribed and provided by the state medical board, shall notify
the board of any of the following: 1,138
(1) A plea of guilty to, a finding of guilt by a jury or 1,141
court of, or judicial finding of eligibility for treatment 1,142
INTERVENTION in lieu of conviction for a felony, or a case in 1,145
which the trial court issues an order of dismissal upon technical 1,146
or procedural grounds of a felony charge; 1,147
(2) A plea of guilty to, a finding of guilt by a jury or 1,151
court of, or judicial finding of eligibility for treatment 1,152
INTERVENTION in lieu of conviction for a misdemeanor committed in 1,155
the course of practice, or a case in which the trial court issues 1,156
an order of dismissal upon technical or procedural grounds of a 1,158
charge of a misdemeanor, if the alleged act was committed in the 1,159
course of practice;
26
(3) A plea of guilty to, a finding of guilt by a jury or 1,162
court of, or judicial finding of eligibility for treatment 1,163
INTERVENTION in lieu of conviction for a misdemeanor involving 1,166
moral turpitude, or a case in which the trial court issues an 1,167
order of dismissal upon technical or procedural grounds of a 1,169
charge of a misdemeanor involving moral turpitude. 1,170
The report shall include the name and address of the 1,172
certificate holder, the nature of the offense for which the 1,173
action was taken, and the certified court documents recording the 1,174
action. 1,175
Sec. 4731.224. (A) Within sixty days after the imposition 1,185
of any formal disciplinary action taken by any health care 1,186
facility, including a hospital, health care facility operated by 1,187
a health insuring corporation, ambulatory surgical center, or 1,188
similar facility, against any individual holding a valid 1,190
certificate to practice issued pursuant to this chapter, the 1,191
chief administrator or executive officer of the facility shall 1,192
report to the state medical board the name of the individual, the 1,194
action taken by the facility, and a summary of the underlying 1,195
facts leading to the action taken. Upon request, the board shall
be provided certified copies of the patient records that were the 1,197
basis for the facility's action. Prior to release to the board, 1,198
the summary shall be approved by the peer review committee that 1,199
reviewed the case or by the governing board of the facility. As 1,201
used in this division, "formal disciplinary action" means any 1,202
action resulting in the revocation, restriction, reduction, or 1,204
termination of clinical privileges for violations of professional 1,205
ethics, or for reasons of medical incompetence, medical 1,206
malpractice, or drug or alcohol abuse. "Formal disciplinary 1,207
action" includes a summary action, an action that takes effect 1,208
notwithstanding any appeal rights that may exist, and an action 1,209
that results in an individual surrendering clinical privileges 1,210
while under investigation and during proceedings regarding the 1,211
action being taken or in return for not being investigated or 1,212
27
having proceedings held. "Formal disciplinary action" does not 1,213
include any action taken for the sole reason of failure to 1,215
maintain records on a timely basis or failure to attend staff or 1,216
section meetings.
The filing or nonfiling of a report with the board, 1,218
investigation by the board, or any disciplinary action taken by 1,219
the board, shall not preclude any action by a health care 1,220
facility to suspend, restrict, or revoke the individual's 1,222
clinical privileges.
In the absence of fraud or bad faith, no individual or 1,224
entity that provides patient records to the board shall be liable 1,225
in damages to any person as a result of providing the records. 1,226
(B) If any individual authorized to practice under this 1,229
chapter or any professional association or society of such 1,230
individuals believes that a violation of any provision of this 1,231
chapter, Chapter 4730. OR 4762. of the Revised Code, or any rule 1,232
of the board has occurred, the individual, association, or 1,234
society shall report to the board the information upon which the 1,236
belief is based. This division does not require any treatment
provider approved by the board under section 4731.25 of the 1,238
Revised Code or any employee, agent, or representative of such a 1,239
provider to make reports with respect to an impaired practitioner 1,240
participating in treatment or aftercare for substance abuse as 1,241
long as the practitioner maintains participation in accordance 1,242
with the requirements of section 4731.25 of the Revised Code, and 1,243
as long as the treatment provider or employee, agent, or 1,245
representative of the provider has no reason to believe that the 1,246
practitioner has violated any provision of this chapter or any 1,247
rule adopted under it, other than the provisions of division 1,248
(B)(26) of section 4731.22 of the Revised Code. This division 1,249
does not require reporting by any member of an impaired 1,250
practitioner committee established by a health care facility or 1,251
by any representative or agent of a committee or program 1,252
sponsored by a professional association or society of individuals 1,254
28
authorized to practice under this chapter to provide peer 1,255
assistance to practitioners with substance abuse problems with 1,256
respect to a practitioner who has been referred for examination 1,257
to a treatment program approved by the board under section 1,258
4731.25 of the Revised Code if the practitioner cooperates with 1,259
the referral for examination and with any determination that the 1,260
practitioner should enter treatment and as long as the committee 1,262
member, representative, or agent has no reason to believe that 1,263
the practitioner has ceased to participate in the treatment 1,264
program in accordance with section 4731.25 of the Revised Code or 1,265
has violated any provision of this chapter or any rule adopted 1,267
under it, other than the provisions of division (B)(26) of 1,269
section 4731.22 of the Revised Code.
(C) Any professional association or society composed 1,271
primarily of doctors of medicine and surgery, doctors of 1,273
osteopathic medicine and surgery, doctors of podiatry, or 1,274
practitioners of limited branches of medicine that suspends or 1,275
revokes an individual's membership for violations of professional 1,277
ethics, or for reasons of professional incompetence or 1,278
professional malpractice, within sixty days after a final 1,279
decision shall report to the board, on forms prescribed and 1,280
provided by the board, the name of the individual, the action 1,281
taken by the professional organization, and a summary of the 1,282
underlying facts leading to the action taken. 1,283
The filing of a report with the board or decision not to 1,285
file a report, investigation by the board, or any disciplinary 1,286
action taken by the board, does not preclude a professional 1,287
organization from taking disciplinary action against an 1,288
individual.
(D) Any insurer providing professional liability insurance 1,290
to an individual authorized to practice under this chapter, or 1,292
any other entity that seeks to indemnify the professional 1,293
liability of such an individual, shall notify the board within 1,294
thirty days after the final disposition of any written claim for 1,295
29
damages where such disposition results in a payment exceeding 1,296
twenty-five thousand dollars. The notice shall contain the 1,297
following information: 1,298
(1) The name and address of the person submitting the 1,300
notification; 1,301
(2) The name and address of the insured who is the subject 1,303
of the claim; 1,304
(3) The name of the person filing the written claim; 1,306
(4) The date of final disposition; 1,308
(5) If applicable, the identity of the court in which the 1,310
final disposition of the claim took place. 1,311
(E) The board may investigate possible violations of this 1,313
chapter or the rules adopted under it that are brought to its 1,314
attention as a result of the reporting requirements of this 1,317
section, except that the board shall conduct an investigation if 1,318
a possible violation involves repeated malpractice. As used in 1,320
this division, "repeated malpractice" means three or more claims 1,321
for medical malpractice within the previous five-year period, 1,322
each resulting in a judgment or settlement in excess of
twenty-five thousand dollars in favor of the claimant, and each 1,323
involving negligent conduct by the practicing individual. 1,325
(F) All summaries, reports, and records received and 1,327
maintained by the board pursuant to this section shall be held in 1,328
confidence and shall not be subject to discovery or introduction 1,329
in evidence in any federal or state civil action involving a 1,330
health care professional or facility arising out of matters that 1,332
are the subject of the reporting required by this section. The 1,333
board may use the information obtained only as the basis for an 1,334
investigation, as evidence in a disciplinary hearing against an 1,335
individual whose practice is regulated under this chapter, or in 1,336
any subsequent trial or appeal of a board action or order. 1,338
The board may disclose the summaries and reports it 1,341
receives under this section only to health care facility 1,342
committees within or outside this state that are involved in 1,343
30
credentialing or recredentialing the individual or in reviewing 1,344
the individual's clinical privileges. The board shall indicate 1,345
whether or not the information has been verified. Information 1,346
transmitted by the board shall be subject to the same 1,347
confidentiality provisions as when maintained by the board. 1,348
(G) Except for reports filed by an individual pursuant to 1,351
division (B) of this section, the board shall send a copy of any 1,352
reports or summaries it receives pursuant to this section to the 1,353
individual who is the subject of the reports or summaries. The 1,355
individual shall have the right to file a statement with the 1,356
board concerning the correctness or relevance of the information. 1,357
The statement shall at all times accompany that part of the 1,358
record in contention. 1,359
(H) An individual or entity that, pursuant to this 1,362
section, reports to the board or refers an impaired practitioner 1,363
to a treatment provider approved by the board under section 1,364
4731.25 of the Revised Code shall not be subject to suit for 1,365
civil damages as a result of the report, referral, or provision 1,367
of the information.
(I) In the absence of fraud or bad faith, no professional 1,369
association or society of individuals authorized to practice 1,370
under this chapter that sponsors a committee or program to 1,372
provide peer assistance to practitioners with substance abuse 1,373
problems, no representative or agent of such a committee or 1,374
program, and no member of the state medical board shall be held 1,375
liable in damages to any person by reason of actions taken to 1,376
refer a practitioner to a treatment provider approved under 1,377
section 4731.25 of the Revised Code for examination or treatment. 1,378
Sec. 4731.24. Except as provided in sections 4731.281 and 1,388
4731.40 of the Revised Code, all receipts of the state medical 1,389
board, from any source, shall be deposited in the state treasury. 1,390
Until July 1, 1998, the funds shall be deposited to the credit of 1,391
the occupational licensing and regulatory fund. On and after 1,392
July 1, 1998, the funds shall be deposited to the credit of the 1,393
31
state medical board operating fund, which is hereby created on 1,394
July 1, 1998. All funds deposited into the state treasury under 1,395
this section shall be used solely for the administration and 1,396
enforcement of this chapter and Chapter CHAPTERS 4730. AND 4762. 1,398
of the Revised Code by the board.
Sec. 4731.25. The state medical board, in accordance with 1,407
Chapter 119. of the Revised Code, shall adopt and may amend and 1,408
rescind rules establishing standards for approval of physicians 1,409
and facilities as treatment providers for impaired practitioners 1,410
who are regulated under this chapter or Chapter 4730. OR 4762. of 1,412
the Revised Code. The rules shall include standards for both 1,413
inpatient and outpatient treatment. The rules shall provide that 1,414
in order to be approved, a treatment provider must have the 1,415
capability of making an initial examination to determine what 1,416
type of treatment an impaired practitioner requires. Subject to 1,417
the rules, the board shall review and approve treatment providers 1,418
on a regular basis. The board, at its discretion, may withdraw 1,419
or deny approval subject to the rules. 1,420
An approved impaired practitioner treatment provider shall: 1,422
(A) Report to the board the name of any practitioner 1,424
suffering or showing evidence of suffering impairment as 1,425
described in division (B)(5) of section 4730.25 of the Revised 1,427
Code or, division (B)(26) of section 4731.22 of the Revised Code, 1,429
OR DIVISION (B)(6) OF SECTION 4762.13 OF THE REVISED CODE who
fails to comply within one week with a referral for examination; 1,431
(B) Report to the board the name of any impaired 1,433
practitioner who fails to enter treatment within forty-eight 1,434
hours following the provider's determination that the 1,435
practitioner needs treatment; 1,436
(C) Require every practitioner who enters treatment to 1,438
agree to a treatment contract establishing the terms of treatment 1,439
and aftercare, including any required supervision or restrictions 1,440
of practice during treatment or aftercare; 1,441
(D) Require a practitioner to suspend practice upon entry 1,443
32
into any required inpatient treatment; 1,444
(E) Report to the board any failure by an impaired 1,446
practitioner to comply with the terms of the treatment contract 1,447
during inpatient or outpatient treatment or aftercare; 1,448
(F) Report to the board the resumption of practice of any 1,450
impaired practitioner before the treatment provider has made a 1,451
clear determination that the practitioner is capable of 1,452
practicing according to acceptable and prevailing standards of 1,453
care; 1,454
(G) Require a practitioner who resumes practice after 1,456
completion of treatment to comply with an aftercare contract that 1,457
meets the requirements of rules adopted by the board for approval 1,458
of treatment providers; 1,459
(H) Report the identity of any practitioner practicing 1,461
under the terms of an aftercare contract to hospital 1,462
administrators, medical chiefs of staff, and chairpersons of 1,463
impaired practitioner committees of all health care institutions 1,465
at which the practitioner holds clinical privileges or otherwise 1,466
practices. If the practitioner does not hold clinical privileges 1,468
at any health care institution, the treatment provider shall 1,469
report the practitioner's identity to the impaired practitioner 1,470
committee of the county medical society, osteopathic academy, or 1,471
podiatric medical association in every county in which the 1,472
practitioner practices. If there are no impaired practitioner 1,473
committees in the county, the treatment provider shall report the 1,475
practitioner's identity to the president or other designated 1,476
member of the county medical society, osteopathic academy, or 1,477
podiatric medical association. 1,478
(I) Report to the board the identity of any practitioner 1,480
who suffers a relapse at any time during or following aftercare. 1,481
Any individual authorized to practice under this chapter 1,484
who enters into treatment by an approved treatment provider shall 1,485
be deemed to have waived any confidentiality requirements that 1,486
would otherwise prevent the treatment provider from making 1,487
33
reports required under this section. 1,488
In the absence of fraud or bad faith, no person or 1,490
organization that conducts an approved impaired practitioner 1,491
treatment program, no member of such an organization, and no 1,493
employee, representative, or agent of the treatment provider 1,494
shall be held liable in damages to any person by reason of 1,495
actions taken or recommendations made by the treatment provider 1,496
or its employees, representatives, or agents.
Sec. 4731.281. (A) On or before the deadline established 1,505
under division (B) of this section for applying for renewal of a 1,507
certificate of registration, each person holding a certificate 1,508
under this chapter to practice medicine and surgery, osteopathic 1,509
medicine and surgery, or podiatry shall certify to the state 1,510
medical board that in the preceding two years the person has 1,511
completed one hundred hours of continuing medical education. The 1,512
certification shall be made upon the application for biennial 1,513
registration submitted pursuant to division (B) of this section. 1,515
The board shall adopt rules providing for pro rata reductions by 1,516
month of the number of hours of continuing education required for 1,518
persons who are in their first registration period, who have a
registration period of less than two years due to initial 1,519
implementation of the staggered renewal schedule established 1,520
under division (B) of this section, who have been disabled due to 1,522
illness or accident, or who have been absent from the country. 1,523
In determining whether a course, program, or activity 1,525
qualifies for credit as continuing medical education, the board 1,526
shall approve all continuing medical education taken by persons 1,528
holding a certificate to practice medicine and surgery that is 1,529
certified by the Ohio state medical association, all continuing 1,530
medical education taken by persons holding a certificate to 1,531
practice osteopathic medicine and surgery that is certified by 1,532
the Ohio osteopathic association, and all continuing medical 1,533
education taken by persons holding a certificate to practice 1,534
podiatry that is certified by the Ohio podiatric medical 1,535
34
association. Each person holding a certificate to practice under 1,537
this chapter shall be given sufficient choice of continuing 1,538
education programs to ensure that the person has had a reasonable 1,539
opportunity to participate in continuing education programs that 1,541
are relevant to the person's medical practice in terms of subject 1,543
matter and level.
The board may require a random sample of persons holding a 1,546
certificate to practice under this chapter to submit materials 1,547
documenting completion of the continuing medical education 1,548
requirement during the preceding registration period, but this 1,549
provision shall not limit the board's authority to investigate 1,550
pursuant to section 4731.22 of the Revised Code. 1,551
(B)(1) Every person holding a certificate under this 1,553
chapter to practice medicine and surgery, osteopathic medicine 1,554
and surgery, or podiatry wishing to renew that certificate shall 1,555
apply to the board for a certificate of registration upon an 1,557
application furnished by the board, and pay to the board at the 1,558
time of application a fee of three hundred five dollars, 1,559
according to the following schedule: 1,560
(a) Persons whose last name begins with the letters "A" 1,562
through "B," on or before April 1, 2001, and the first day of 1,563
April of every odd-numbered year thereafter; 1,564
(b) Persons whose last name begins with the letters "C" 1,566
through "D," on or before January 1, 2001, and the first day of 1,567
January of every odd-numbered year thereafter; 1,568
(c) Persons whose last name begins with the letters "E" 1,571
through "G," on or before October 1, 2000, and the first day of 1,573
October of every even-numbered year thereafter; 1,574
(d) Persons whose last name begins with the letters "H" 1,577
through "K," on or before July 1, 2000, and the first day of July 1,579
of every even-numbered year thereafter;
(e) Persons whose last name begins with the letters "L" 1,582
through "M," on or before April 1, 2000, and the first day of 1,584
April of every even-numbered year thereafter;
35
(f) Persons whose last name begins with the letters "N" 1,587
through "R," on or before January 1, 2000, and the first day of 1,590
January of every even-numbered year thereafter; 1,591
(g) Persons whose last name begins with the letter "S," on 1,594
or before October 1, 1999, and the first day of October of every 1,595
odd-numbered year thereafter;
(h) Persons whose last name begins with the letters "T" 1,598
through "Z," on or before July 1, 1999, and the first day of July 1,599
of every odd-numbered year thereafter. 1,600
The board shall deposit the fee in accordance with section 1,603
4731.24 of the Revised Code, except that, until July 30, 2001, 1,605
the board shall deposit twenty dollars of the fee into the state 1,606
treasury to the credit of the physician loan repayment fund 1,607
created by section 3702.78 of the Revised Code. 1,608
(2) The board shall mail or cause to be mailed to every 1,610
person registered to practice medicine and surgery, osteopathic 1,611
medicine and surgery, or podiatry, an application for 1,612
registration addressed to the person's last known post-office 1,613
address or may cause the application to be sent to the person 1,615
through the secretary of any recognized medical, osteopathic, or 1,616
podiatric society, according to the following schedule: 1,617
(a) To persons whose last name begins with the letters "A" 1,619
through "B," on or before January 1, 2001, and the first day of 1,621
January of every odd-numbered year thereafter;
(b) To persons whose last name begins with the letters "C" 1,624
through "D," on or before October 1, 2000, and the first day of 1,625
October of every even-numbered year thereafter; 1,626
(c) To persons whose last name begins with the letters "E" 1,629
through "G," on or before July 1, 2000, and the first day of July 1,632
of every even-numbered year thereafter; 1,633
(d) To persons whose last name begins with the letters "H" 1,636
through "K," on or before April 1, 2000, and the first day of 1,639
April of every even-numbered year thereafter; 1,640
(e) To persons whose last name begins with the letters "L" 1,643
36
through "M," on or before January 1, 2000, and the first day of 1,646
January of every even-numbered year thereafter; 1,647
(f) To persons whose last name begins with the letters "N" 1,650
through "R," on or before October 1, 1999, and the first day of 1,653
October of every odd-numbered year thereafter; 1,654
(g) To persons whose last name begins with the letter "S," 1,657
on or before July 1, 1999, and the first day of July of every 1,659
odd-numbered year thereafter; 1,660
(h) To persons whose last name begins with the letters "T" 1,663
through "Z," on or before April 1, 1999, and the first day of 1,666
April of every odd-numbered year thereafter. 1,667
Failure of any person to receive an application from the 1,670
board shall not excuse the person from the requirements contained 1,671
in this section. The application shall contain proper spaces for 1,672
the applicant's signature and the insertion of the required 1,673
information, including a statement that the person has fulfilled 1,675
the continuing education requirements imposed by this section. 1,676
The applicant shall write or cause to be written upon the 1,678
application so furnished the applicant's full name, principal 1,680
practice address and residence address, the number of the 1,682
applicant's certificate to practice, and any other facts for the 1,684
identification of the applicant as a person holding a certificate 1,685
to practice under this chapter as the board considers necessary. 1,686
The applicant shall include with the application a list of the 1,687
names and addresses of any clinical nurse specialists, certified 1,688
nurse-midwives, or certified nurse practitioners with whom the 1,689
applicant is currently collaborating, as defined in section 1,690
4723.02 of the Revised Code. The applicant shall execute and 1,693
deliver the application to the board by mail or in person. Every 1,694
person registered under this section shall give written notice to 1,695
the board of any change of principal practice address or 1,696
residence address or in the list within thirty days of the 1,697
change.
The applicant shall report any criminal offense that 1,699
37
constitutes grounds for refusal of registration under section 1,700
4731.22 of the Revised Code to which the applicant has pleaded 1,701
guilty, of which the applicant has been found guilty, or for 1,704
which the applicant has been found eligible for treatment
INTERVENTION in lieu of conviction, since last signing an 1,707
application for a certificate of registration. 1,708
(C) The board shall issue to any person holding a 1,710
certificate under this chapter to practice medicine and surgery, 1,711
osteopathic medicine and surgery, or podiatry, upon application 1,712
and qualification therefor in accordance with this section, a 1,713
certificate of registration under the seal of the board. A 1,714
certificate of registration shall be valid for a two-year period, 1,715
commencing on the first day of the third month after the 1,717
registration fee is due and expiring on the last day of the month 1,719
two years thereafter. 1,720
The board shall publish and cause to be mailed to each 1,724
person registered under this section, upon request, a printed 1,725
list of the persons so registered.
(D) Failure of any certificate holder to register and 1,727
comply with this section shall operate automatically to suspend 1,728
the holder's certificate to practice. Continued practice after 1,731
the suspension of the certificate to practice shall be considered 1,732
as practicing in violation of section 4731.41, 4731.43, or 1,734
4731.60 of the Revised Code. Subject to section 4731.222 of the 1,735
Revised Code, the board shall reinstate a certificate to practice 1,736
for failure to register upon an applicant's submission of the 1,737
biennial registration fee, the applicable monetary penalty, and 1,739
certification by signature of the applicant that the applicant 1,740
has completed the requisite continuing medical education. The 1,741
penalty for reinstatement shall be fifty dollars if the 1,743
certificate has been suspended for two years or less and one 1,744
hundred dollars if the certificate has been suspended for more
than two years. The board shall deposit the penalties in 1,745
accordance with section 4731.24 of the Revised Code. 1,747
38
(E) If an individual certifies completion of the number of 1,749
hours and type of continuing medical education required to 1,751
receive a certificate of registration or reinstatement of a 1,752
certificate to practice, and the board finds through the random 1,753
samples it conducts under this section or through any other means 1,754
that the individual did not complete the requisite continuing 1,755
medical education, the board may impose a civil penalty of not 1,756
more than five thousand dollars. The board's finding shall be 1,757
made pursuant to an adjudication under Chapter 119. of the 1,758
Revised Code and by an affirmative vote of not fewer than six 1,760
members.
A civil penalty imposed under this division may be in 1,762
addition to or in lieu of any other action the board may take 1,763
under section 4731.22 of the Revised Code. The board shall 1,765
deposit civil penalties in accordance with section 4731.24 of the 1,766
Revised Code.
(F) The state medical board may obtain information not 1,768
protected by statutory or common law privilege from courts and 1,769
other sources concerning malpractice claims against any person 1,770
holding a certificate to practice under this chapter or 1,771
practicing as provided in section 4731.36 of the Revised Code. 1,772
Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the 1,781
Revised Code shall not prohibit service in case of emergency, or 1,782
domestic administration of family remedies. Such sections shall 1,783
not apply to a commissioned medical officer of the United States 1,784
army, navy, or marine hospital service in the discharge of his 1,785
THE OFFICER'S professional duties, or to a regularly qualified 1,786
dentist when engaged exclusively in the practice of dentistry, or 1,788
when administering anaesthetics, or to a physician or surgeon 1,789
residing in another state or territory who is a legal 1,790
practitioner of medicine or surgery therein, when in consultation 1,791
with a regular practitioner of this state; nor shall such 1,792
sections apply to a physician or surgeon residing on the border 1,793
of a neighboring state and authorized under the laws thereof to 1,794
39
practice medicine and surgery therein, whose practice extends 1,795
within the limits of this state; provided equal rights and 1,796
privileges are accorded by such neighboring state to the 1,797
physicians and surgeons residing on the border of this state 1,798
contiguous to such neighboring state. Such practitioner shall not 1,799
open an office or appoint a place to see patients or receive 1,800
calls within the limits of this state.
(B) Sections 4731.51 to 4731.61 of the Revised Code do not 1,802
apply to any graduate of a podiatric school or college while 1,803
performing those acts that may be prescribed by or incidental to 1,804
participation in an accredited podiatric internship, residency, 1,805
or fellowship program situated in this state approved by the 1,806
state medical board. 1,807
(C) THIS CHAPTER DOES NOT APPLY TO AN ACUPUNCTURIST WHO 1,809
COMPLIES WITH CHAPTER 4762. OF THE REVISED CODE. 1,810
Sec. 4762.01. AS USED IN THIS CHAPTER: 1,812
(A) "ACUPUNCTURE" MEANS A FORM OF HEALTH CARE PERFORMED BY 1,814
THE INSERTION AND REMOVAL OF SPECIALIZED NEEDLES, WITH OR WITHOUT 1,815
THE APPLICATION OF MOXIBUSTION OR ELECTRICAL STIMULATION, TO 1,816
SPECIFIC AREAS OF THE BODY. 1,817
(B) "MOXIBUSTION" MEANS THE USE OF AN HERBAL HEAT SOURCE 1,818
ON ONE OR MORE ACUPUNCTURE POINTS. 1,819
(C) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 1,822
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY. 1,823
Sec. 4762.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 1,825
THIS SECTION, NO PERSON SHALL ENGAGE IN THE PRACTICE OF 1,826
ACUPUNCTURE UNLESS THE PERSON HOLDS A VALID CERTIFICATE OF 1,827
REGISTRATION AS AN ACUPUNCTURIST ISSUED BY THE STATE MEDICAL 1,830
BOARD UNDER THIS CHAPTER.
(B) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO A 1,834
PHYSICIAN OR TO A PERSON WHO PERFORMS ACUPUNCTURE AS PART OF A
TRAINING PROGRAM IN ACUPUNCTURE OPERATED BY AN EDUCATIONAL 1,837
INSTITUTION THAT HOLDS AN EFFECTIVE CERTIFICATE OF AUTHORIZATION 1,838
40
ISSUED BY THE OHIO BOARD OF REGENTS UNDER SECTION 1713.02 OF THE 1,839
REVISED CODE OR A SCHOOL THAT HOLDS AN EFFECTIVE CERTIFICATE OF 1,841
REGISTRATION ISSUED BY THE STATE BOARD OF PROPRIETARY SCHOOL 1,842
REGISTRATION UNDER SECTION 3332.05 OF THE REVISED CODE. 1,843
Sec. 4762.03. (A) AN INDIVIDUAL SEEKING A CERTIFICATE OF 1,845
REGISTRATION AS AN ACUPUNCTURIST SHALL FILE WITH THE STATE 1,846
MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED AND 1,847
SUPPLIED BY THE BOARD. THE APPLICATION SHALL INCLUDE ALL OF THE 1,848
FOLLOWING:
(1) EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT 1,850
IS AT LEAST EIGHTEEN YEARS OF AGE AND OF GOOD MORAL CHARACTER; 1,851
(2) EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT 1,853
HAS BEEN DESIGNATED AS A DIPLOMATE IN ACUPUNCTURE BY THE NATIONAL 1,855
CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE 1,856
AND THAT THE DESIGNATION IS CURRENT AND ACTIVE;
(3) ANY OTHER INFORMATION THE BOARD REQUIRES. 1,858
(B) THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER 1,860
THIS SECTION. THE BOARD SHALL DETERMINE WHETHER AN APPLICANT 1,861
MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF REGISTRATION 1,863
NOT LATER THAN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION. 1,864
THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD 1,866
IS REQUIRED TO DETERMINE THAT AN APPLICANT MEETS THE REQUIREMENTS 1,867
FOR A CERTIFICATE.
(C) AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF 1,869
REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE 1,871
HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED. 1,872
Sec. 4762.04. IF THE STATE MEDICAL BOARD DETERMINES UNDER 1,874
SECTION 4762.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE 1,875
REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN 1,876
ACUPUNCTURIST, THE SECRETARY OF THE BOARD SHALL REGISTER THE 1,877
APPLICANT AS AN ACUPUNCTURIST AND ISSUE TO THE APPLICANT A
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST. THE CERTIFICATE 1,878
SHALL EXPIRE BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH 1,879
SECTION 4762.06 OF THE REVISED CODE.
41
Sec. 4762.05. UPON APPLICATION BY THE HOLDER OF A 1,881
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST, THE STATE 1,882
MEDICAL BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO REPLACE ONE 1,883
THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE, OR FOR ANY 1,884
OTHER REASONABLE CAUSE. THE FEE FOR A DUPLICATE CERTIFICATE IS 1,885
THIRTY-FIVE DOLLARS.
Sec. 4762.06. (A) A PERSON SEEKING TO RENEW A CERTIFICATE 1,887
OF REGISTRATION AS AN ACUPUNCTURIST SHALL, ON OR BEFORE THE 1,888
THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED YEAR, APPLY FOR 1,890
RENEWAL OF THE CERTIFICATE. THE STATE MEDICAL BOARD SHALL SEND 1,891
RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE EXPIRATION DATE. 1,893
APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE 1,895
BOARD SHALL PRESCRIBE AND SUPPLY. EACH APPLICATION SHALL BE 1,896
ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF ONE HUNDRED DOLLARS. 1,897
THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT 1,899
CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF 1,900
REGISTRATION UNDER SECTION 4762.13 OF THE REVISED CODE TO WHICH 1,901
THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN 1,903
FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE 1,904
FOR INTERVENTION IN LIEU OF CONVICTION, SINCE LAST SIGNING AN 1,906
APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN 1,907
ACUPUNCTURIST.
(B) TO BE ELIGIBLE FOR RENEWAL, AN ACUPUNCTURIST MUST 1,909
CERTIFY TO THE BOARD THAT THE ACUPUNCTURIST HAS MAINTAINED THE 1,910
ACUPUNCTURIST'S DESIGNATION AS A DIPLOMATE IN ACUPUNCTURE BY THE 1,912
NATIONAL CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL 1,913
MEDICINE.
(C) IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION 1,915
AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS 1,917
SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED 1,918
CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST. 1,919
(D) A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON 1,921
OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS 1,924
EXPIRATION DATE. THE BOARD SHALL REINSTATE A CERTIFICATE 1,926
42
SUSPENDED FOR FAILURE TO RENEW UPON AN APPLICANT'S SUBMISSION OF 1,927
THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY.
THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE 1,928
CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY 1,930
DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO 1,931
YEARS.
Sec. 4762.08. A PERSON WHO HOLDS A CERTIFICATE OF 1,933
REGISTRATION AS AN ACUPUNCTURIST ISSUED UNDER THIS CHAPTER MAY 1,935
USE THE FOLLOWING TITLES, INITIALS, OR ABBREVIATIONS, OR THE 1,936
EQUIVALENT OF SUCH TITLES, INITIALS, OR ABBREVIATIONS, TO 1,937
IDENTIFY THE PERSON AS AN ACUPUNCTURIST: "ACUPUNCTURIST," 1,939
"REGISTERED ACUPUNCTURIST," "R. AC.," "REG. AC.," "CERTIFIED 1,941
ACUPUNCTURIST," "C.A.," "C. AC.," "DIPLOMATE OF ACUPUNCTURE 1,943
(NCCAOM)," "DIPL. AC. (NCCAOM)," OR "NATIONAL BOARD CERTIFIED IN 1,946
ACUPUNCTURE (NCCAOM)." THE PERSON SHALL NOT USE OTHER TITLES, 1,948
INITIALS, OR ABBREVIATIONS IN CONJUNCTION WITH THE PERSON'S 1,949
PRACTICE OF ACUPUNCTURE, INCLUDING THE TITLE "DOCTOR."
Sec. 4762.09. AN ACUPUNCTURIST SHALL CONSPICUOUSLY DISPLAY 1,951
AT THE ACUPUNCTURIST'S PRIMARY PLACE OF BUSINESS BOTH OF THE 1,952
FOLLOWING:
(A) A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE 1,954
MEDICAL BOARD UNDER THIS CHAPTER AS EVIDENCE THAT THE 1,955
ACUPUNCTURIST IS AUTHORIZED TO PRACTICE ACUPUNCTURE IN THIS 1,957
STATE;
(B) A NOTICE SPECIFYING THAT THE PRACTICE OF ACUPUNCTURE 1,959
IS REGULATED BY THE STATE MEDICAL BOARD AND THE ADDRESS AND 1,960
TELEPHONE NUMBER OF THE BOARD'S OFFICE. 1,961
Sec. 4762.10. ALL OF THE FOLLOWING APPLY TO THE PRACTICE 1,963
OF A PERSON WHO HOLDS A CERTIFICATE OF REGISTRATION AS AN 1,964
ACUPUNCTURIST ISSUED UNDER THIS CHAPTER: 1,965
(A) THE ACUPUNCTURIST SHALL PERFORM ACUPUNCTURE FOR A 1,967
PATIENT ONLY IF THE PATIENT HAS RECEIVED A PHYSICIAN'S WRITTEN 1,968
REFERRAL OR PRESCRIPTION FOR ACUPUNCTURE. AS SPECIFIED IN THE 1,969
REFERRAL OR PRESCRIPTION, THE ACUPUNCTURIST SHALL PROVIDE REPORTS 1,970
43
TO THE PHYSICIAN ON THE PATIENT'S CONDITION OR PROGRESS IN 1,971
TREATMENT AND COMPLY WITH THE CONDITIONS OR RESTRICTIONS ON THE 1,972
ACUPUNCTURIST'S COURSE OF TREATMENT. 1,973
(B) THE ACUPUNCTURIST SHALL PERFORM ACUPUNCTURE UNDER THE 1,976
GENERAL SUPERVISION OF THE PATIENT'S REFERRING OR PRESCRIBING 1,977
PHYSICIAN. GENERAL SUPERVISION DOES NOT REQUIRE THAT THE 1,980
ACUPUNCTURIST AND PHYSICIAN PRACTICE IN THE SAME OFFICE. 1,981
(C) PRIOR TO TREATING A PATIENT, THE ACUPUNCTURIST SHALL 1,983
ADVISE THE PATIENT THAT ACUPUNCTURE IS NOT A SUBSTITUTE FOR 1,984
CONVENTIONAL MEDICAL DIAGNOSIS AND TREATMENT. 1,985
(D) ON INITIALLY MEETING A PATIENT IN PERSON, THE 1,987
ACUPUNCTURIST SHALL PROVIDE IN WRITING THE ACUPUNCTURIST'S NAME, 1,988
BUSINESS ADDRESS, AND BUSINESS TELEPHONE NUMBER, AND INFORMATION 1,990
ON ACUPUNCTURE, INCLUDING THE TECHNIQUES THAT ARE USED. 1,991
(E) WHILE TREATING A PATIENT, THE ACUPUNCTURIST SHALL NOT 1,994
MAKE A DIAGNOSIS. IF A PATIENT'S CONDITION IS NOT IMPROVING OR A 1,995
PATIENT REQUIRES EMERGENCY MEDICAL TREATMENT, THE ACUPUNCTURIST 1,996
SHALL CONSULT PROMPTLY WITH THE SUPERVISING PHYSICIAN. 1,997
(F) AN ACUPUNCTURIST SHALL MAINTAIN RECORDS FOR EACH 1,999
PATIENT TREATED. IN EACH PATIENT'S RECORDS, THE ACUPUNCTURIST 2,002
SHALL INCLUDE THE WRITTEN REFERRAL OR PRESCRIPTION PURSUANT TO 2,003
WHICH THE ACUPUNCTURIST IS TREATING THE PATIENT. THE RECORDS 2,005
SHALL BE CONFIDENTIAL AND SHALL BE RETAINED FOR NOT LESS THAN 2,006
THREE YEARS FOLLOWING TERMINATION OF TREATMENT.
Sec. 4762.11. ALL OF THE FOLLOWING APPLY TO AN 2,008
ACUPUNCTURIST'S SUPERVISING PHYSICIAN FOR A PATIENT: 2,010
(A) BEFORE MAKING THE REFERRAL OR PRESCRIPTION FOR 2,012
ACUPUNCTURE, THE PHYSICIAN SHALL PERFORM A MEDICAL DIAGNOSTIC 2,014
EXAMINATION OF THE PATIENT OR REVIEW THE RESULTS OF A MEDICAL 2,015
DIAGNOSTIC EXAMINATION RECENTLY PERFORMED BY ANOTHER PHYSICIAN. 2,016
(B) THE PHYSICIAN SHALL MAKE THE REFERRAL OR PRESCRIPTION 2,018
IN WRITING AND SPECIFY IN THE REFERRAL OR PRESCRIPTION ALL OF THE 2,019
FOLLOWING: 2,020
(1) THE PHYSICIAN'S DIAGNOSIS OF THE AILMENT OR CONDITION 2,022
44
THAT IS TO BE TREATED BY ACUPUNCTURE; 2,023
(2) A TIME BY WHICH OR THE INTERVALS AT WHICH THE 2,025
ACUPUNCTURIST MUST PROVIDE REPORTS TO THE PHYSICIAN REGARDING THE 2,026
PATIENT'S CONDITION OR PROGRESS IN TREATMENT; 2,027
(3) THE CONDITIONS OR RESTRICTIONS PLACED IN ACCORDANCE 2,029
WITH DIVISION (C) OF THIS SECTION ON THE ACUPUNCTURIST'S COURSE 2,031
OF TREATMENT.
(C) THE PHYSICIAN SHALL PLACE CONDITIONS OR RESTRICTIONS 2,034
ON THE ACUPUNCTURIST'S COURSE OF TREATMENT IN COMPLIANCE WITH 2,035
ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE. 2,036
(D) THE PHYSICIAN SHALL BE PERSONALLY AVAILABLE FOR 2,039
CONSULTATION WITH THE ACUPUNCTURIST. IF THE PHYSICIAN IS NOT ON 2,040
THE PREMISES AT WHICH ACUPUNCTURE IS PERFORMED, THE PHYSICIAN 2,041
SHALL BE READILY AVAILABLE TO THE ACUPUNCTURIST THROUGH SOME 2,043
MEANS OF TELECOMMUNICATION AND BE IN A LOCATION THAT UNDER NORMAL
CIRCUMSTANCES IS NOT MORE THAN SIXTY MINUTES TRAVEL TIME AWAY 2,044
FROM THE LOCATION WHERE THE ACUPUNCTURIST IS PRACTICING. 2,045
Sec. 4762.12. IN THE CASE OF A PATIENT WITH A CLAIM UNDER 2,047
CHAPTER 4121. OR 4123. OF THE REVISED CODE, AN ACUPUNCTURIST'S 2,048
SUPERVISING PHYSICIAN IS ELIGIBLE TO BE REIMBURSED FOR REFERRING 2,049
THE PATIENT TO AN ACUPUNCTURIST OR PRESCRIBING ACUPUNCTURE FOR 2,050
THE PATIENT ONLY IF THE PHYSICIAN HAS ATTAINED KNOWLEDGE IN THE 2,051
TREATMENT OF PATIENTS WITH ACUPUNCTURE, DEMONSTRATED BY
SUCCESSFUL COMPLETION OF A COURSE OF STUDY IN ACUPUNCTURE 2,052
ADMINISTERED BY A COLLEGE OF MEDICINE, OSTEOPATHIC MEDICINE, OR 2,053
PODIATRIC MEDICINE ACCEPTABLE TO THE BUREAU OF WORKERS' 2,054
COMPENSATION OR ADMINISTERED BY ANOTHER ENTITY ACCEPTABLE TO THE
BUREAU. 2,055
Sec. 4762.13. (A) THE STATE MEDICAL BOARD, BY AN 2,058
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY 2,059
REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN ACUPUNCTURIST 2,060
TO A PERSON FOUND BY THE BOARD TO HAVE COMMITTED FRAUD, 2,061
MISREPRESENTATION, OR DECEPTION IN APPLYING FOR OR SECURING THE 2,062
CERTIFICATE. 2,063
45
(B) THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN 2,066
SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT, 2,067
REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS 2,068
AN ACUPUNCTURIST, REFUSE TO ISSUE A CERTIFICATE TO AN APPLICANT, 2,069
REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR PLACE ON 2,070
PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE FOLLOWING 2,072
REASONS:
(1) PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED 2,074
BY ANOTHER PERSON; 2,075
(2) FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS 2,077
CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED 2,079
BY THE BOARD;
(3) VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR 2,081
INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR 2,082
CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER 2,084
4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD; 2,085
(4) A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL 2,087
STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR 2,088
SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT 2,089
IS ESTABLISHED;
(5) INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND 2,092
PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR 2,093
PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY 2,094
AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;
(6) IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO 2,096
ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL 2,097
OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES 2,098
THAT IMPAIR ABILITY TO PRACTICE; 2,099
(7) WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE; 2,101
(8) MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING 2,104
STATEMENT IN SOLICITING OR ADVERTISING FOR PATIENTS OR IN 2,105
SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF REGISTRATION TO 2,106
PRACTICE AS AN ACUPUNCTURIST.
AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR 2,109
46
MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A 2,110
MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE 2,111
BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR 2,112
IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF 2,113
FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS 2,114
THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT 2,115
PERSON TO MISUNDERSTAND OR BE DECEIVED.
(9) REPRESENTING, WITH THE PURPOSE OF OBTAINING 2,117
COMPENSATION OR OTHER ADVANTAGE PERSONALLY OR FOR ANY OTHER 2,118
PERSON, THAT AN INCURABLE DISEASE OR INJURY, OR OTHER INCURABLE 2,119
CONDITION, CAN BE PERMANENTLY CURED; 2,120
(10) THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR A 2,122
THING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF 2,124
PRACTICE;
(11) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,127
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,128
CONVICTION FOR, A FELONY;
(12) COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN 2,130
THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS 2,131
COMMITTED; 2,132
(13) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,135
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,136
CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF
PRACTICE; 2,137
(14) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,140
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,141
CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE; 2,142
(15) COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT 2,144
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 2,146
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 2,147
(16) COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT 2,149
CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE 2,150
JURISDICTION IN WHICH THE ACT WAS COMMITTED; 2,151
(17) A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF, 2,154
47
OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,155
CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE 2,156
POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING 2,157
TRAFFICKING IN DRUGS;
(18) ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE 2,160
AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF ACUPUNCTURE IN
ANOTHER JURISDICTION, FOR ANY REASON OTHER THAN THE NONPAYMENT OF 2,162
FEES: THE LIMITATION, REVOCATION, OR SUSPENSION OF AN 2,163
INDIVIDUAL'S LICENSE TO PRACTICE; ACCEPTANCE OF AN INDIVIDUAL'S 2,165
LICENSE SURRENDER; DENIAL OF A LICENSE; REFUSAL TO RENEW OR 2,166
REINSTATE A LICENSE; IMPOSITION OF PROBATION; OR ISSUANCE OF AN
ORDER OF CENSURE OR OTHER REPRIMAND; 2,167
(19) VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A 2,170
CERTIFICATE OF REGISTRATION;
(20) FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID 2,172
PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051 2,173
OF THE REVISED CODE; 2,174
(21) FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY 2,176
THE BOARD UNDER SECTION 4762.14 OF THE REVISED CODE, INCLUDING 2,178
FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR 2,179
FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT 2,180
A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE 2,181
TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS 2,182
FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT 2,183
JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA 2,184
OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE 2,185
IN ISSUE;
(22) FAILURE TO COMPLY WITH THE STANDARDS OF THE NATIONAL 2,187
CERTIFICATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE 2,188
REGARDING PROFESSIONAL ETHICS, COMMITMENT TO PATIENTS, COMMITMENT 2,189
TO THE PROFESSION, AND COMMITMENT TO THE PUBLIC. 2,190
(C) DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER 2,192
DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO 2,193
AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT 2,195
48
THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A 2,197
CONSENT AGREEMENT WITH AN ACUPUNCTURIST OR APPLICANT TO RESOLVE 2,198
AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED 2,199
UNDER IT. A CONSENT AGREEMENT, WHEN RATIFIED BY AN AFFIRMATIVE 2,201
VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD, SHALL CONSTITUTE 2,202
THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT TO THE MATTER 2,203
ADDRESSED IN THE AGREEMENT. IF THE BOARD REFUSES TO RATIFY A 2,204
CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS CONTAINED IN THE 2,205
CONSENT AGREEMENT SHALL BE OF NO FORCE OR EFFECT. 2,206
(D) FOR PURPOSES OF DIVISIONS (B)(12), (15), AND (16) OF 2,208
THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A 2,209
FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER 2,211
119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE 2,212
HOLDER COMMITTED THE ACT IN QUESTION. THE BOARD SHALL HAVE NO
JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT 2,213
RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND 2,214
THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS. THE 2,215
BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES 2,216
WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL 2,217
OR PROCEDURAL GROUNDS. 2,218
(E) THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL 2,220
HAVE NO EFFECT UPON A PRIOR BOARD ORDER ENTERED UNDER THE 2,221
PROVISIONS OF THIS SECTION OR UPON THE BOARD'S JURISDICTION TO 2,222
TAKE ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A 2,223
PLEA OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL 2,225
FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION, 2,226
THE BOARD ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO 2,228
THE COURT'S ORDER TO SEAL THE RECORDS. THE BOARD SHALL NOT BE 2,229
REQUIRED TO SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS 2,230
RECORDS TO REFLECT THE COURT'S SEALING OF CONVICTION RECORDS. 2,231
(F) FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO 2,234
HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR 2,235
APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO 2,236
HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION 2,237
49
WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED 2,238
ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION 2,239
REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION. 2,240
(1) IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE 2,243
BOARD, UPON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY 2,244
INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER 2,245
THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION 2,246
PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL EXAMINATION, 2,247
PHYSICAL EXAMINATION, INCLUDING AN HIV TEST, OR BOTH A MENTAL AND 2,248
PHYSICAL EXAMINATION. THE EXPENSE OF THE EXAMINATION IS THE 2,250
RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO BE EXAMINED. 2,251
FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION OR CONSENT 2,252
TO AN HIV TEST ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF 2,253
THE ALLEGATIONS AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE 2,254
TO CIRCUMSTANCES BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT 2,255
AND FINAL ORDER MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR 2,256
PRESENTATION OF EVIDENCE. IF THE BOARD FINDS AN ACUPUNCTURIST 2,257
UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION 2,259
(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE ACUPUNCTURIST 2,260
TO SUBMIT TO CARE, COUNSELING, OR TREATMENT BY PHYSICIANS 2,261
APPROVED OR DESIGNATED BY THE BOARD, AS A CONDITION FOR AN 2,262
INITIAL, CONTINUED, REINSTATED, OR RENEWED CERTIFICATE OF 2,263
REGISTRATION. AN INDIVIDUAL AFFECTED BY THIS DIVISION SHALL BE 2,264
AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE BOARD THE ABILITY 2,265
TO RESUME PRACTICING IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING 2,266
STANDARDS OF CARE.
(2) FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF 2,269
THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A 2,270
CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY 2,271
APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH
IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A 2,272
MENTAL OR PHYSICAL EXAMINATION, OR BOTH. THE EXPENSE OF THE 2,273
EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO 2,276
BE EXAMINED. ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER 2,278
50
THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR 2,279
PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE 2,280
BOARD.
FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION 2,283
ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS 2,285
AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES 2,286
BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER 2,287
MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF 2,288
EVIDENCE. IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY 2,289
TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S 2,290
CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL 2,291
REQUIRE THE INDIVIDUAL, AS A CONDITION FOR AN INITIAL, CONTINUED, 2,292
REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION, TO SUBMIT TO 2,293
TREATMENT. 2,294
BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A 2,296
CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ACUPUNCTURIST 2,297
SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME PRACTICE IN 2,299
COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS OF CARE. THE 2,300
DEMONSTRATION SHALL INCLUDE THE FOLLOWING: 2,301
(a) CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER 2,304
SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS 2,305
SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT; 2,306
(b) EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN 2,309
AFTERCARE CONTRACT OR CONSENT AGREEMENT;
(c) TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S 2,312
ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS 2,313
BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND
PREVAILING STANDARDS OF CARE. THE REPORTS SHALL BE MADE BY 2,314
INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH 2,315
ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION. 2,317
THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS 2,320
DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS 2,321
ENTERED INTO A WRITTEN CONSENT AGREEMENT.
WHEN THE IMPAIRED ACUPUNCTURIST RESUMES PRACTICE, THE BOARD 2,324
51
SHALL REQUIRE CONTINUED MONITORING OF THE ACUPUNCTURIST. THE
MONITORING SHALL INCLUDE MONITORING OF COMPLIANCE WITH THE 2,326
WRITTEN CONSENT AGREEMENT ENTERED INTO BEFORE REINSTATEMENT OR 2,327
WITH CONDITIONS IMPOSED BY BOARD ORDER AFTER A HEARING, AND, UPON 2,328
TERMINATION OF THE CONSENT AGREEMENT, SUBMISSION TO THE BOARD FOR 2,329
AT LEAST TWO YEARS OF ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER 2,330
PENALTY OF FALSIFICATION STATING WHETHER THE ACUPUNCTURIST HAS 2,331
MAINTAINED SOBRIETY. 2,332
(G) IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT 2,335
THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ACUPUNCTURIST HAS 2,336
VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE INDIVIDUAL'S 2,337
CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE AND SERIOUS 2,338
HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD SUSPEND THE 2,339
INDIVIDUAL'S CERTIFICATE OF REGISTRATION WITHOUT A PRIOR HEARING. 2,341
WRITTEN ALLEGATIONS SHALL BE PREPARED FOR CONSIDERATION BY THE 2,342
BOARD.
THE BOARD, UPON REVIEW OF THE ALLEGATIONS AND BY AN 2,344
AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING 2,346
THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE 2,347
WITHOUT A PRIOR HEARING. A TELEPHONE CONFERENCE CALL MAY BE 2,348
UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE 2,349
SUMMARY SUSPENSION. 2,350
THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY 2,352
CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF 2,353
THE REVISED CODE. THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION 2,355
BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION 2,356
119.12 OF THE REVISED CODE. IF THE ACUPUNCTURIST REQUESTS AN 2,357
ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR THE HEARING 2,358
SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN SEVEN DAYS, 2,359
AFTER THE ACUPUNCTURIST REQUESTS THE HEARING, UNLESS OTHERWISE 2,360
AGREED TO BY BOTH THE BOARD AND THE CERTIFICATE HOLDER. 2,361
A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL 2,363
REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL 2,364
ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION 2,365
52
AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE. THE 2,367
BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS 2,368
AFTER COMPLETION OF ITS HEARING. FAILURE TO ISSUE THE ORDER 2,369
WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY 2,370
SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL 2,371
ADJUDICATIVE ORDER.
(H) IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11), 2,375
(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT, 2,376
GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION 2,377
IN LIEU OF CONVICTION IS OVERTURNED ON APPEAL, UPON EXHAUSTION OF 2,378
THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER 2,379
MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT 2,380
DOCUMENTS. UPON RECEIPT OF A PETITION AND SUPPORTING COURT 2,381
DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF 2,382
REGISTRATION. THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER 2,383
CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE 2,384
INDIVIDUAL COMMITTED THE ACT IN QUESTION. NOTICE OF OPPORTUNITY 2,386
FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE 2,387
REVISED CODE. IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION 2,388
HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT, 2,389
OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS 2,390
SPECIFIED IN DIVISION (B) OF THIS SECTION. 2,391
(I) THE CERTIFICATE OF REGISTRATION OF AN ACUPUNCTURIST 2,394
AND THE ACUPUNCTURIST'S PRACTICE IN THIS STATE ARE AUTOMATICALLY 2,395
SUSPENDED AS OF THE DATE THE ACUPUNCTURIST PLEADS GUILTY TO, IS 2,396
FOUND BY A JUDGE OR JURY TO BE GUILTY OF, OR IS SUBJECT TO A 2,397
JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF 2,398
CONVICTION IN THIS STATE OR TREATMENT OR INTERVENTION IN LIEU OF 2,400
CONVICTION IN ANOTHER JURISDICTION FOR ANY OF THE FOLLOWING 2,401
CRIMINAL OFFENSES IN THIS STATE OR A SUBSTANTIALLY EQUIVALENT 2,402
CRIMINAL OFFENSE IN ANOTHER JURISDICTION: AGGRAVATED MURDER, 2,403
MURDER, VOLUNTARY MANSLAUGHTER, FELONIOUS ASSAULT, KIDNAPPING, 2,404
RAPE, SEXUAL BATTERY, GROSS SEXUAL IMPOSITION, AGGRAVATED ARSON, 2,405
AGGRAVATED ROBBERY, OR AGGRAVATED BURGLARY. CONTINUED PRACTICE 2,407
53
AFTER THE SUSPENSION SHALL BE CONSIDERED PRACTICING WITHOUT A 2,408
CERTIFICATE. 2,409
THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE 2,412
SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH
SECTION 119.07 OF THE REVISED CODE. IF AN INDIVIDUAL WHOSE 2,413
CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A 2,414
TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE 2,416
REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY 2,417
REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION. 2,418
(J) IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY 2,421
CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY 2,422
FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT 2,423
TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE 2,425
REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT 2,426
MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS 2,428
MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS. IN 2,429
THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS 2,430
IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION. 2,431
(K) ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF 2,434
THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A 2,435
WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE 2,436
ACUPUNCTURIST'S CERTIFICATE MAY BE REINSTATED. THE BOARD SHALL 2,438
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 2,439
GOVERNING CONDITIONS TO BE IMPOSED FOR REINSTATEMENT. 2,440
REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT TO DIVISION (B) 2,441
OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN 2,442
SIX MEMBERS OF THE BOARD.
(L) WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF 2,445
REGISTRATION AS AN ACUPUNCTURIST TO AN APPLICANT, REVOKES AN 2,447
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO RENEW A 2,448
CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN 2,449
INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY 2,450
THAT ITS ACTION IS PERMANENT. AN INDIVIDUAL SUBJECT TO A 2,451
PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER 2,452
54
INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN 2,453
ACUPUNCTURIST AND THE BOARD SHALL NOT ACCEPT AN APPLICATION FOR 2,454
REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE OF A NEW 2,455
CERTIFICATE.
(M) NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED 2,458
CODE, ALL OF THE FOLLOWING APPLY:
(1) THE SURRENDER OF A CERTIFICATE OF REGISTRATION AS AN 2,461
ACUPUNCTURIST ISSUED UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS 2,462
OR UNTIL ACCEPTED BY THE BOARD. REINSTATEMENT OF A CERTIFICATE 2,463
SURRENDERED TO THE BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT 2,464
FEWER THAN SIX MEMBERS OF THE BOARD.
(2) AN APPLICATION MADE UNDER THIS CHAPTER FOR A 2,467
CERTIFICATE OF REGISTRATION MAY NOT BE WITHDRAWN WITHOUT APPROVAL 2,468
OF THE BOARD.
(3) FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF 2,471
REGISTRATION IN ACCORDANCE WITH SECTION 4762.06 OF THE REVISED 2,472
CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE 2,473
DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL. 2,474
Sec. 4762.131. ON RECEIPT OF A NOTICE PURSUANT TO SECTION 2,477
2301.373 OF THE REVISED CODE, THE STATE MEDICAL BOARD SHALL
COMPLY WITH THAT SECTION WITH RESPECT TO A CERTIFICATE OF 2,478
REGISTRATION ISSUED PURSUANT TO THIS CHAPTER. 2,479
Sec. 4762.132. IF THE STATE MEDICAL BOARD HAS REASON TO 2,481
BELIEVE THAT ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE UNDER 2,482
THIS CHAPTER IS MENTALLY ILL OR MENTALLY INCOMPETENT, IT MAY FILE 2,484
IN THE PROBATE COURT OF THE COUNTY IN WHICH THE PERSON HAS A 2,485
LEGAL RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN SECTION 2,486
5122.11 OF THE REVISED CODE AND SIGNED BY THE BOARD SECRETARY OR 2,487
A MEMBER OF THE BOARD SECRETARY'S STAFF, WHEREUPON THE SAME 2,488
PROCEEDINGS SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE 2,490
REVISED CODE. THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN 2,491
ANY PROCEEDING COMMENCED UNDER THIS SECTION. 2,492
IF ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE IS 2,494
ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR MENTALLY 2,495
55
INCOMPETENT, THE PERSON'S CERTIFICATE SHALL BE AUTOMATICALLY 2,496
SUSPENDED UNTIL THE PERSON HAS FILED WITH THE STATE MEDICAL BOARD 2,498
A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE COURT OF THE 2,499
PERSON'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS SUBMITTED TO 2,501
THE BOARD PROOF, SATISFACTORY TO THE BOARD, THAT THE PERSON HAS 2,502
BEEN DISCHARGED AS HAVING A RESTORATION TO COMPETENCY IN THE 2,504
MANNER AND FORM PROVIDED IN SECTION 5122.38 OF THE REVISED CODE. 2,505
THE JUDGE OF THE PROBATE COURT SHALL FORTHWITH NOTIFY THE STATE 2,506
MEDICAL BOARD OF AN ADJUDICATION OF MENTAL ILLNESS OR MENTAL 2,507
INCOMPETENCE, AND SHALL NOTE ANY SUSPENSION OF A CERTIFICATE IN 2,509
THE MARGIN OF THE COURT'S RECORD OF SUCH CERTIFICATE. 2,510
Sec. 4762.14. (A) THE STATE MEDICAL BOARD SHALL 2,513
INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS 2,514
VIOLATED THIS CHAPTER OR THE RULES ADOPTED UNDER IT. ANY PERSON
MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE 2,515
PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF 2,516
THIS CHAPTER OR THE RULES ADOPTED UNDER IT. IN THE ABSENCE OF 2,517
BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES 2,519
BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119. 2,520
OF THE REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A 2,521
RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY. EACH 2,522
COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD 2,524
SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD. 2,525
(B) INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER 2,527
OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING 2,528
MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF 2,530
THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION 2,531
4762.15 OF THE REVISED CODE. THE BOARD'S PRESIDENT MAY DESIGNATE 2,532
ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN 2,533
PLACE OF THE SUPERVISING MEMBER. A MEMBER OF THE BOARD WHO 2,534
SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN 2,535
FURTHER ADJUDICATION OF THE CASE.
(C) IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER 2,537
OR THE RULES ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS, 2,538
56
ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE 2,539
ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS, 2,540
PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA 2,541
FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT 2,542
CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF 2,543
THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD. BEFORE 2,544
ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE 2,546
SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS 2,547
PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A 2,548
VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT AND THAT 2,549
THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND 2,550
MATERIAL TO THE INVESTIGATION. THE SUBPOENA MAY APPLY ONLY TO 2,551
RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE 2,553
ALLEGED VIOLATION.
ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD 2,556
AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE 2,557
BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS 2,558
OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE. 2,559
A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF, 2,561
THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE 2,562
BOARD. SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY 2,564
DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN, 2,565
READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL 2,566
PLACE OF RESIDENCE. WHEN THE PERSON BEING SERVED IS AN 2,567
ACUPUNCTURIST, SERVICE OF THE SUBPOENA MAY BE MADE BY CERTIFIED 2,568
MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, AND THE 2,569
SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS MADE OR 2,570
THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY. 2,571
A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE 2,574
SAME FEES AS A SHERIFF. EACH WITNESS WHO APPEARS BEFORE THE 2,575
BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND 2,576
MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF
COMMON PLEAS. 2,577
(D) ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE 2,579
57
CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF 2,580
THE REVISED CODE.
(E) INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN 2,582
INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY 2,583
CIVIL ACTION. 2,584
THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS 2,587
IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND 2,588
PERSONS WHO FILE COMPLAINTS WITH THE BOARD. THE BOARD SHALL NOT 2,590
MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT 2,591
PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN. 2,592
THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO 2,595
AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD 2,596
INFORMATION, WITH LAW ENFORCEMENT AGENCIES, OTHER LICENSING 2,598
BOARDS, AND OTHER GOVERNMENTAL AGENCIES THAT ARE PROSECUTING, 2,599
ADJUDICATING, OR INVESTIGATING ALLEGED VIOLATIONS OF STATUTES OR 2,600
ADMINISTRATIVE RULES. AN AGENCY OR BOARD THAT RECEIVES THE 2,601
INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING 2,602
CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST 2,603
COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED
CODE OR PROCEDURE OF THE AGENCY OR BOARD THAT APPLIES WHEN IT IS 2,604
DEALING WITH OTHER INFORMATION IN ITS POSSESSION. IN A JUDICIAL 2,605
PROCEEDING, THE INFORMATION MAY BE ADMITTED INTO EVIDENCE ONLY IN 2,607
ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE COURT SHALL 2,608
REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT 2,609
CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE 2,610
INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION 2,611
ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY WAS 2,612
PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS IN 2,613
THE BOARD'S POSSESSION. MEASURES TO ENSURE CONFIDENTIALITY THAT
MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING 2,615
SPECIFIC INFORMATION FROM ITS RECORDS. 2,616
(F) THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR 2,619
AND PROVIDE APPROPRIATE INITIAL TRAINING AND CONTINUING EDUCATION 2,620
FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES 2,621
58
UNDER THIS CHAPTER. THE TRAINING AND CONTINUING EDUCATION MAY 2,622
INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO 2,623
PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS 2,624
APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE 2,625
REVISED CODE.
(G) ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT 2,628
THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING 2,629
THREE MONTHS. THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION 2,630
FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES: 2,631
(1) THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED 2,634
VIOLATION;
(2) THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY 2,637
THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;
(3) A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE 2,639
COMPLAINT; 2,640
(4) THE DISPOSITION OF THE CASE. 2,642
THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING, 2,644
AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF 2,647
EACH PERSON INVOLVED IN EACH CASE. THE REPORT IS A PUBLIC RECORD 2,648
FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.
Sec. 4762.15. (A) AS USED IN THIS SECTION, "PROSECUTOR" 2,650
HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE. 2,651
(B) WHENEVER ANY PERSON HOLDING A VALID CERTIFICATE ISSUED 2,653
PURSUANT TO THIS CHAPTER PLEADS GUILTY TO, IS SUBJECT TO A 2,655
JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A JUDICIAL FINDING 2,656
OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR A 2,657
VIOLATION OF CHAPTER 2907., 2925., OR 3719. OF THE REVISED CODE
OR OF ANY SUBSTANTIVELY COMPARABLE ORDINANCE OF A MUNICIPAL 2,658
CORPORATION IN CONNECTION WITH THE PERSON'S PRACTICE, THE 2,659
PROSECUTOR IN THE CASE, ON FORMS PRESCRIBED AND PROVIDED BY THE 2,661
STATE MEDICAL BOARD, SHALL PROMPTLY NOTIFY THE BOARD OF THE 2,662
CONVICTION. WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION, 2,664
THE BOARD SHALL INITIATE ACTION IN ACCORDANCE WITH CHAPTER 119. 2,665
OF THE REVISED CODE TO DETERMINE WHETHER TO SUSPEND OR REVOKE THE 2,666
59
CERTIFICATE UNDER SECTION 4762.13 OF THE REVISED CODE. 2,667
(C) THE PROSECUTOR IN ANY CASE AGAINST ANY PERSON HOLDING 2,669
A VALID CERTIFICATE ISSUED PURSUANT TO THIS CHAPTER, ON FORMS 2,671
PRESCRIBED AND PROVIDED BY THE STATE MEDICAL BOARD, SHALL NOTIFY
THE BOARD OF ANY OF THE FOLLOWING: 2,672
(1) A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR 2,675
COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN 2,676
LIEU OF CONVICTION FOR A FELONY, OR A CASE IN WHICH THE TRIAL 2,678
COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL 2,679
GROUNDS OF A FELONY CHARGE; 2,680
(2) A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR 2,684
COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN 2,685
LIEU OF CONVICTION FOR A MISDEMEANOR COMMITTED IN THE COURSE OF 2,687
PRACTICE, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF 2,688
DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A 2,690
MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF 2,691
PRACTICE;
(3) A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR 2,694
COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN 2,695
LIEU OF CONVICTION FOR A MISDEMEANOR INVOLVING MORAL TURPITUDE, 2,697
OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL 2,698
UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR 2,700
INVOLVING MORAL TURPITUDE. 2,701
THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE 2,703
CERTIFICATE HOLDER, THE NATURE OF THE OFFENSE FOR WHICH THE 2,704
ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE 2,705
ACTION. 2,706
Sec. 4762.16. (A) WITHIN SIXTY DAYS AFTER THE IMPOSITION 2,709
OF ANY FORMAL DISCIPLINARY ACTION TAKEN BY ANY HEALTH CARE 2,710
FACILITY, INCLUDING A HOSPITAL, HEALTH CARE FACILITY OPERATED BY 2,711
AN INSURING CORPORATION, AMBULATORY SURGICAL CENTER, OR SIMILAR 2,712
FACILITY, AGAINST ANY INDIVIDUAL HOLDING A VALID CERTIFICATE OF 2,714
REGISTRATION AS AN ACUPUNCTURIST, THE CHIEF ADMINISTRATOR OR 2,715
EXECUTIVE OFFICER OF THE FACILITY SHALL REPORT TO THE STATE 2,717
60
MEDICAL BOARD THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE 2,718
FACILITY, AND A SUMMARY OF THE UNDERLYING FACTS LEADING TO THE 2,719
ACTION TAKEN. UPON REQUEST, THE BOARD SHALL BE PROVIDED 2,720
CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE BASIS FOR 2,721
THE FACILITY'S ACTION. PRIOR TO RELEASE TO THE BOARD, THE 2,722
SUMMARY SHALL BE APPROVED BY THE PEER REVIEW COMMITTEE THAT 2,723
REVIEWED THE CASE OR BY THE GOVERNING BOARD OF THE FACILITY. 2,725
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO 2,728
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY
ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE 2,729
FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST AN 2,731
ACUPUNCTURIST.
IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR 2,733
ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE 2,734
IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS. 2,735
(B) AN ACUPUNCTURIST, PROFESSIONAL ASSOCIATION OR SOCIETY 2,738
OF ACUPUNCTURISTS, PHYSICIAN, OR PROFESSIONAL ASSOCIATION OR 2,739
SOCIETY OF PHYSICIANS THAT BELIEVES A VIOLATION OF ANY PROVISION 2,741
OF THIS CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR RULE OF 2,742
THE BOARD HAS OCCURRED SHALL REPORT TO THE BOARD THE INFORMATION 2,744
UPON WHICH THE BELIEF IS BASED. THIS DIVISION DOES NOT REQUIRE 2,745
ANY TREATMENT PROVIDER APPROVED BY THE BOARD UNDER SECTION 2,747
4731.25 OF THE REVISED CODE OR ANY EMPLOYEE, AGENT, OR 2,748
REPRESENTATIVE OF SUCH A PROVIDER TO MAKE REPORTS WITH RESPECT TO 2,749
AN ACUPUNCTURIST PARTICIPATING IN TREATMENT OR AFTERCARE FOR 2,750
SUBSTANCE ABUSE AS LONG AS THE ACUPUNCTURIST MAINTAINS 2,752
PARTICIPATION IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 2,753
4731.25 OF THE REVISED CODE AND THE TREATMENT PROVIDER OR 2,754
EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE PROVIDER HAS NO REASON 2,755
TO BELIEVE THAT THE ACUPUNCTURIST HAS VIOLATED ANY PROVISION OF 2,757
THIS CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED 2,758
BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES. THIS DIVISION DOES NOT 2,759
REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER 2,760
COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY 2,761
61
REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A 2,762
PROFESSIONAL ASSOCIATION OR SOCIETY OF ACUPUNCTURISTS TO PROVIDE 2,763
PEER ASSISTANCE TO ACUPUNCTURISTS WITH SUBSTANCE ABUSE PROBLEMS 2,765
WITH RESPECT TO AN ACUPUNCTURIST WHO HAS BEEN REFERRED FOR 2,766
EXAMINATION TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER 2,767
SECTION 4731.25 OF THE REVISED CODE IF THE ACUPUNCTURIST 2,769
COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY 2,770
DETERMINATION THAT THE ACUPUNCTURIST SHOULD ENTER TREATMENT AND 2,771
AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR AGENT HAS NO 2,772
REASON TO BELIEVE THAT THE ACUPUNCTURIST HAS CEASED TO 2,773
PARTICIPATE IN THE TREATMENT PROGRAM IN ACCORDANCE WITH SECTION 2,774
4731.25 OF THE REVISED CODE OR HAS VIOLATED ANY PROVISION OF THIS 2,776
CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY 2,777
ALCOHOL, DRUGS, OR OTHER SUBSTANCES.
(C) ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED 2,779
PRIMARILY OF ACUPUNCTURISTS THAT SUSPENDS OR REVOKES AN 2,780
INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS, OR 2,782
FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL
MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL 2,783
REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE 2,784
BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE 2,786
PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS 2,787
LEADING TO THE ACTION TAKEN. 2,788
THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO 2,790
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY 2,791
ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL 2,792
ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN 2,794
ACUPUNCTURIST.
(D) ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE 2,797
TO ANY PERSON HOLDING A VALID CERTIFICATE OF REGISTRATION AS AN 2,798
ACUPUNCTURIST OR ANY OTHER ENTITY THAT SEEKS TO INDEMNIFY THE 2,799
PROFESSIONAL LIABILITY OF AN ACUPUNCTURIST SHALL NOTIFY THE BOARD 2,800
WITHIN THIRTY DAYS AFTER THE FINAL DISPOSITION OF ANY WRITTEN 2,801
CLAIM FOR DAMAGES WHERE SUCH DISPOSITION RESULTS IN A PAYMENT 2,802
62
EXCEEDING TWENTY-FIVE THOUSAND DOLLARS. THE NOTICE SHALL CONTAIN 2,803
THE FOLLOWING INFORMATION:
(1) THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE 2,805
NOTIFICATION; 2,806
(2) THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT 2,809
OF THE CLAIM;
(3) THE NAME OF THE PERSON FILING THE WRITTEN CLAIM; 2,811
(4) THE DATE OF FINAL DISPOSITION; 2,813
(5) IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE 2,816
FINAL DISPOSITION OF THE CLAIM TOOK PLACE.
(E) THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS 2,819
CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS
ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS 2,822
SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF 2,823
A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE. AS USED IN 2,824
THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS 2,825
FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH 2,826
RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TWENTY-FIVE 2,828
THOUSAND DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING 2,829
NEGLIGENT CONDUCT BY THE ACUPUNCTURIST. 2,830
(F) ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND 2,833
MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN 2,834
CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION 2,835
IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING AN 2,836
ACUPUNCTURIST, SUPERVISING PHYSICIAN, OR HEALTH CARE FACILITY 2,837
ARISING OUT OF MATTERS THAT ARE THE SUBJECT OF THE REPORTING 2,838
REQUIRED BY THIS SECTION. THE BOARD MAY USE THE INFORMATION 2,839
OBTAINED ONLY AS THE BASIS FOR AN INVESTIGATION, AS EVIDENCE IN A 2,841
DISCIPLINARY HEARING AGAINST AN ACUPUNCTURIST OR SUPERVISING 2,842
PHYSICIAN, OR IN ANY SUBSEQUENT TRIAL OR APPEAL OF A BOARD ACTION 2,844
OR ORDER.
THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT 2,846
RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY 2,847
COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN 2,849
63
CREDENTIALING OR RECREDENTIALING AN ACUPUNCTURIST OR SUPERVISING 2,850
PHYSICIAN OR REVIEWING THEIR PRIVILEGE TO PRACTICE WITHIN A 2,852
PARTICULAR FACILITY. THE BOARD SHALL INDICATE WHETHER OR NOT THE 2,853
INFORMATION HAS BEEN VERIFIED. INFORMATION TRANSMITTED BY THE 2,854
BOARD SHALL BE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS AS 2,855
WHEN MAINTAINED BY THE BOARD.
(G) EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO 2,858
DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY 2,859
REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE 2,860
ACUPUNCTURIST. THE ACUPUNCTURIST SHALL HAVE THE RIGHT TO FILE A 2,861
STATEMENT WITH THE BOARD CONCERNING THE CORRECTNESS OR RELEVANCE 2,862
OF THE INFORMATION. THE STATEMENT SHALL AT ALL TIMES ACCOMPANY 2,864
THAT PART OF THE RECORD IN CONTENTION. 2,865
(H) AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR 2,868
REFERS AN IMPAIRED ACUPUNCTURIST TO A TREATMENT PROVIDER APPROVED 2,870
BY THE BOARD UNDER SECTION 4731.25 OF THE REVISED CODE SHALL NOT 2,871
BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A RESULT OF THE REPORT, 2,872
REFERRAL, OR PROVISION OF THE INFORMATION. 2,873
(I) IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL 2,876
ASSOCIATION OR SOCIETY OF ACUPUNCTURISTS THAT SPONSORS A 2,877
COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO AN 2,879
ACUPUNCTURIST WITH SUBSTANCE ABUSE PROBLEMS, A REPRESENTATIVE OR
AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A MEMBER OF THE STATE 2,880
MEDICAL BOARD SHALL NOT BE HELD LIABLE IN DAMAGES TO ANY PERSON 2,881
BY REASON OF ACTIONS TAKEN TO REFER AN ACUPUNCTURIST TO A 2,882
TREATMENT PROVIDER APPROVED UNDER SECTION 4731.25 OF THE REVISED 2,884
CODE FOR EXAMINATION OR TREATMENT.
Sec. 4762.17. THE SECRETARY OF THE STATE MEDICAL BOARD 2,887
SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF ACUPUNCTURE. 2,888
IF THE SECRETARY HAS KNOWLEDGE OR NOTICE OF A VIOLATION OF THIS 2,889
CHAPTER OR THE RULES ADOPTED UNDER IT, THE SECRETARY SHALL 2,890
INVESTIGATE THE MATTER, AND, UPON PROBABLE CAUSE APPEARING, FILE 2,891
A COMPLAINT AND PROSECUTE THE OFFENDER. WHEN REQUESTED BY THE 2,892
SECRETARY, THE PROSECUTING ATTORNEY OF THE PROPER COUNTY SHALL 2,893
64
TAKE CHARGE OF AND CONDUCT THE PROSECUTION.
Sec. 4762.18. THE ATTORNEY GENERAL, THE PROSECUTING 2,896
ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE WAS COMMITTED OR THE 2,897
OFFENDER RESIDES, THE STATE MEDICAL BOARD, OR ANY OTHER PERSON 2,898
HAVING KNOWLEDGE OF A PERSON ENGAGED EITHER DIRECTLY OR BY 2,899
COMPLICITY IN THE PRACTICE OF ACUPUNCTURE WITHOUT HAVING FIRST 2,900
OBTAINED A CERTIFICATE OF REGISTRATION TO DO SO PURSUANT TO THIS 2,901
CHAPTER, MAY, IN ACCORD WITH PROVISIONS OF THE REVISED CODE 2,902
GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THE 2,903
STATE TO ENJOIN ANY PERSON FROM ENGAGING EITHER DIRECTLY OR BY 2,904
COMPLICITY IN THE UNLAWFUL PRACTICE OF ACUPUNCTURE BY APPLYING 2,907
FOR AN INJUNCTION IN ANY COURT OF COMPETENT JURISDICTION. 2,908
PRIOR TO APPLICATION FOR AN INJUNCTION, THE SECRETARY OF 2,910
THE STATE MEDICAL BOARD SHALL NOTIFY THE PERSON ALLEGEDLY ENGAGED 2,911
EITHER DIRECTLY OR BY COMPLICITY IN THE UNLAWFUL PRACTICE OF 2,912
ACUPUNCTURE BY REGISTERED MAIL THAT THE SECRETARY HAS RECEIVED 2,914
INFORMATION INDICATING THAT THIS PERSON IS SO ENGAGED. THE 2,915
PERSON SHALL ANSWER THE SECRETARY WITHIN THIRTY DAYS SHOWING THAT 2,916
THE PERSON IS EITHER PROPERLY LICENSED FOR THE STATED ACTIVITY OR 2,918
THAT THE PERSON IS NOT IN VIOLATION OF THIS CHAPTER. IF THE 2,921
ANSWER IS NOT FORTHCOMING WITHIN THIRTY DAYS AFTER NOTICE BY THE 2,922
SECRETARY, THE SECRETARY SHALL REQUEST THAT THE ATTORNEY GENERAL, 2,923
THE PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE OFFENSE WAS 2,924
COMMITTED OR THE OFFENDER RESIDES, OR THE STATE MEDICAL BOARD 2,925
PROCEED AS AUTHORIZED IN THIS SECTION. 2,926
UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT 2,928
SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME 2,929
PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER 2,931
CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE POSITION OF 2,933
THE PROCEEDING ON THE CALENDAR OF THE COURT.
INJUNCTION PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN 2,936
LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS 2,937
CHAPTER.
Sec. 4762.19. THE STATE MEDICAL BOARD MAY ADOPT ANY RULES 2,940
65
NECESSARY TO GOVERN THE PRACTICE OF ACUPUNCTURE, THE SUPERVISORY 2,941
RELATIONSHIP BETWEEN ACUPUNCTURISTS AND SUPERVISING PHYSICIANS, 2,942
AND THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. RULES 2,943
ADOPTED UNDER THIS SECTION SHALL BE ADOPTED IN ACCORDANCE WITH 2,944
CHAPTER 119. OF THE REVISED CODE. 2,945
Sec. 4762.20. THE STATE MEDICAL BOARD, SUBJECT TO THE 2,947
APPROVAL OF THE CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS 2,949
OF THE AMOUNTS SPECIFIED IN THIS CHAPTER, EXCEPT THAT THE FEES 2,952
MAY NOT EXCEED THE SPECIFIED AMOUNTS BY MORE THAN FIFTY PER CENT. 2,954
ALL FEES, PENALTIES, AND OTHER FUNDS RECEIVED BY THE BOARD 2,956
UNDER THIS CHAPTER SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION 2,957
4731.24 OF THE REVISED CODE.
Sec. 4762.21. IN THE ABSENCE OF FRAUD OR BAD FAITH, THE 2,960
STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT
OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE 2,962
BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE 2,964
HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT, 2,966
OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL 2,967
DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER. IF ANY 2,969
SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR 2,970
ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR 2,971
DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE 2,972
REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND 2,973
THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE 2,974
DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY 2,975
FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT, 2,976
COMPROMISE, OR SETTLEMENT. AT NO TIME SHALL THE STATE PAY ANY 2,977
PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY 2,978
DAMAGES.
Sec. 4762.99. (A) WHOEVER VIOLATES SECTION 4762.02 OF THE 2,980
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A 2,982
FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS GUILTY 2,984
OF A FELONY OF THE FOURTH DEGREE.
(B) WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF 2,987
66
SECTION 4762.16 OF THE REVISED CODE IS GUILTY OF A MINOR 2,988
MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE 2,989
PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT 2,990
THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE 2,991
SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE 2,992
THOUSAND DOLLARS FOR EACH OFFENSE. 2,993
Section 2. That existing sections 4730.26, 4731.051, 2,996
4731.07, 4731.22, 4731.221, 4731.223, 4731.224, 4731.24, 4731.25, 2,999
4731.281, and 4731.36 of the Revised Code are hereby repealed.
Section 3. The authority of the State Medical Board to 3,001
take disciplinary action against a person who was found eligible 3,002
for treatment in lieu of conviction in this state on or before 3,003
the effective date of Am. Sub. S.B. 107 of the 123rd General 3,004
Assembly is not altered by the amendments and enactments made by 3,005
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 3,006
conviction.