As Reported by the Senate Health, Human Services            2            

                       and Aging Committee                         2            

123rd General Assembly                                             5            

   Regular Session                             Sub. H. B. No. 585  6            

      1999-2000                                                    7            


   REPRESENTATIVES VESPER-HOLLISTER-O'BRIEN-CLANCY-KRUPINSKI-      9            

   HARRIS-BARRETT-SMITH-ALLEN-BUEHRER-TERWILLEGER-SYKES-OLMAN-     10           

 TIBERI-OGG-GARDNER-METZGER-LOGAN-FLANNERY-PERRY-HOOPS-REDFERN-    11           

                             VERICH                                12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 4725.09, 4725.26, 4731.143,         16           

                4731.20, 4731.22, 4731.222, 4731.224, 4731.281,    17           

                4731.29, 4731.294, 4731.31, 4731.34, 4731.341,                  

                4731.35, 4731.36, 4731.51, 4731.52, 4731.53,       18           

                4731.55, 4731.56, 4731.57, 4731.571, 4731.572,     19           

                4731.60, 4731.66, 4731.85, 4755.40, and 4755.60    20           

                and to enact sections 4731.053 and 4731.296 of     21           

                the Revised Code to specify that the practice of   22           

                medicine in this state includes certain                         

                activities performed in person or through the use  23           

                of any communication, including oral, written, or  24           

                electronic communication, to establish                          

                requirements for obtaining a telemedicine          25           

                certificate, to modify the exceptions to the law                

                governing physician licensure, to require the      26           

                adoption of rules regarding the authority of       27           

                physicians to delegate the performance of medical  28           

                tasks and the authority of optometrists to                      

                delegate the performance of optometric tasks, to   29           

                authorize physical therapists and athletic                      

                trainers to apply topical prescription drugs, and  30           

                to change references in statutes governing the     31           

                practice of medicine from "podiatry" to            32           

                "podiatric medicine and surgery".                               

                                                          2      


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

      Section 1.  That sections 4725.09, 4725.26, 4731.143,        36           

4731.20, 4731.22, 4731.222, 4731.224, 4731.281, 4731.29, 4731.31,  37           

4731.294, 4731.31, 4731.34, 4731.341, 4731.35, 4731.36, 4731.51,   39           

4731.52, 4731.53, 4731.55, 4731.56, 4731.57, 4731.571, 4731.572,   40           

4731.60, 4731.66, 4731.85, 4755.40, and 4755.60 of the Revised     41           

Code be amended and sections 4731.053 and 4731.296 of the Revised  42           

Code be enacted to read as follows:                                             

      Sec. 4725.09.  (A)  The state board of optometry shall       51           

adopt rules as it considers necessary to govern the practice of    52           

optometry and to administer and enforce sections 4725.01 to        53           

4725.34 of the Revised Code.  All rules adopted under sections     55           

4725.01 to 4725.34 of the Revised Code shall be adopted in         56           

accordance with Chapter 119. of the Revised Code.                  57           

      (B)  The board, in consultation with the state board of      59           

pharmacy, shall adopt rules specifying oral dosages of drugs or    60           

dangerous drugs that are therapeutic pharmaceutical agents under   61           

division (C)(3) of section 4725.01 of the Revised Code.            63           

      (C)  THE BOARD SHALL ADOPT RULES THAT ESTABLISH STANDARDS    65           

TO BE MET AND PROCEDURES TO BE FOLLOWED WITH RESPECT TO THE        66           

DELEGATION BY AN OPTOMETRIST OF THE PERFORMANCE OF AN OPTOMETRIC   67           

TASK TO A PERSON WHO IS NOT LICENSED OR OTHERWISE SPECIFICALLY     68           

AUTHORIZED BY THE REVISED CODE TO PERFORM THE TASK.  THE RULES     69           

SHALL PERMIT AN OPTOMETRIST WHO HOLDS A TOPICAL OCULAR             71           

PHARMACEUTICAL AGENTS CERTIFICATE OR THERAPEUTIC PHARMACEUTICAL    72           

AGENTS CERTIFICATE TO DELEGATE THE ADMINISTRATION OF DRUGS         73           

INCLUDED IN THE OPTOMETRIST'S SCOPE OF PRACTICE.                   74           

      THE RULES ADOPTED UNDER THIS DIVISION SHALL PROVIDE FOR ALL  76           

OF THE FOLLOWING:                                                  77           

      (1)  ON-SITE SUPERVISION WHEN THE DELEGATION OCCURS IN AN    79           

INSTITUTION OR OTHER FACILITY THAT IS USED PRIMARILY FOR THE       80           

PURPOSE OF PROVIDING HEALTH CARE, UNLESS THE BOARD ESTABLISHED A   81           

SPECIFIC EXCEPTION TO THE ON-SITE SUPERVISION REQUIREMENT WITH     82           

RESPECT TO ROUTINE ADMINISTRATION OF A TOPICAL DRUG;               83           

                                                          3      


                                                                 
      (2)  EVALUATION OF WHETHER DELEGATION IS APPROPRIATE         85           

ACCORDING TO THE ACUITY OF THE PATIENT INVOLVED;                   86           

      (3)  TRAINING AND COMPETENCY REQUIREMENTS THAT MUST BE MET   88           

BY THE PERSON ADMINISTERING THE DRUGS;                             89           

      (4)  OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS      91           

RELEVANT.                                                                       

      Sec. 4725.26.  Division (A) of section 4725.02 of the        101          

Revised Code does not apply to the following:                      103          

      (A)  Physicians authorized to practice medicine and surgery  106          

or osteopathic medicine and surgery under Chapter 4731. of the     107          

Revised Code;                                                                   

      (B)  Persons who sell optical accessories but do not assume  110          

to adapt them to the eye, and neither practice nor profess to      111          

practice optometry;                                                             

      (C)  An instructor in a school of optometry that is located  113          

in this state and approved by the state board of optometry under   115          

section 4725.10 of the Revised Code who holds a valid current      116          

license to practice optometry from a licensing body in another     118          

jurisdiction and limits the practice of optometry to the           119          

instruction of students enrolled in the school.                    121          

      (D)  A student at a school of optometry located in this      123          

state and approved by the board under section 4725.10 of the       124          

Revised Code while enrolled in an optometry training program and   126          

acting under the direct, personal supervision and control of an    127          

optometrist licensed by the board or authorized to practice        128          

pursuant to division (C) of this section.                          129          

      (E)  AN INDIVIDUAL WHO IS LICENSED OR OTHERWISE              131          

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ENGAGE IN AN        132          

ACTIVITY THAT IS INCLUDED IN THE PRACTICE OF OPTOMETRY.            133          

      (F)  AN INDIVIDUAL WHO IS NOT LICENSED OR OTHERWISE          135          

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ENGAGE IN AN        136          

ACTIVITY THAT IS INCLUDED IN THE PRACTICE OF OPTOMETRY, BUT IS     137          

ACTING PURSUANT TO THE RULES FOR DELEGATION OF OPTOMETRIC TASKS    138          

ADOPTED UNDER SECTION 4725.09 OF THE REVISED CODE.                              

                                                          4      


                                                                 
      Sec. 4731.053.  (A)  AS USED IN THIS SECTION, "PHYSICIAN"    141          

MEANS AN INDIVIDUAL AUTHORIZED BY THIS CHAPTER TO PRACTICE         142          

MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR         143          

PODIATRIC MEDICINE AND SURGERY.                                    144          

      (B)  THE STATE MEDICAL BOARD SHALL ADOPT RULES THAT          147          

ESTABLISH STANDARDS TO BE MET AND PROCEDURES TO BE FOLLOWED BY A   149          

PHYSICIAN WITH RESPECT TO THE PHYSICIAN'S DELEGATION OF THE        150          

PERFORMANCE OF A MEDICAL TASK TO A PERSON WHO IS NOT LICENSED OR   151          

OTHERWISE SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO PERFORM   154          

THE TASK.  THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER   156          

119. OF THE REVISED CODE.                                          157          

      (C)  TO THE EXTENT THAT DELEGATION APPLIES TO THE            159          

ADMINISTRATION OF DRUGS, THE RULES ADOPTED UNDER THIS SECTION      160          

SHALL PROVIDE FOR ALL OF THE FOLLOWING:                            161          

      (1)  ON-SITE SUPERVISION WHEN THE DELEGATION OCCURS IN AN    164          

INSTITUTION OR OTHER FACILITY THAT IS USED PRIMARILY FOR THE       165          

PURPOSE OF PROVIDING HEALTH CARE, UNLESS THE BOARD ESTABLISHES A                

SPECIFIC EXCEPTION TO THE ON-SITE SUPERVISION REQUIREMENT WITH     166          

RESPECT TO ROUTINE ADMINISTRATION OF A TOPICAL DRUG, SUCH AS THE   167          

USE OF A MEDICATED SHAMPOO;                                        168          

      (2)  EVALUATION OF WHETHER DELEGATION IS APPROPRIATE         170          

ACCORDING TO THE ACUITY OF THE PATIENT INVOLVED;                   171          

      (3)  TRAINING AND COMPETENCY REQUIREMENTS THAT MUST BE MET   173          

BY THE PERSON ADMINISTERING THE DRUGS;                             174          

      (4)  OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS      176          

RELEVANT.                                                                       

      (D)  THE BOARD SHALL NOT ADOPT RULES THAT DO ANY OF THE      178          

FOLLOWING:                                                         179          

      (1)  AUTHORIZE A PHYSICIAN TO TRANSFER THE PHYSICIAN'S       181          

RESPONSIBILITY FOR SUPERVISING A PERSON WHO IS PERFORMING A        182          

DELEGATED MEDICAL TASK TO A HEALTH PROFESSIONAL OTHER THAN         183          

ANOTHER PHYSICIAN;                                                 184          

      (2)  AUTHORIZE AN INDIVIDUAL TO WHOM A MEDICAL TASK IS       186          

DELEGATED TO DELEGATE THE PERFORMANCE OF THAT TASK TO ANOTHER      187          

                                                          5      


                                                                 
INDIVIDUAL;                                                                     

      (3)  EXCEPT AS PROVIDED IN DIVISIONS (D)(4) TO (8) OF THIS   189          

SECTION, AUTHORIZE A PHYSICIAN TO DELEGATE THE ADMINISTRATION OF   190          

ANESTHESIA, CONTROLLED SUBSTANCES, DRUGS ADMINISTERED              191          

INTRAVENOUSLY, OR ANY OTHER DRUG OR CATEGORY OF DRUG THE BOARD     192          

CONSIDERS TO BE INAPPROPRIATE FOR DELEGATION;                                   

      (4)  PREVENT AN INDIVIDUAL FROM ENGAGING IN AN ACTIVITY      194          

PERFORMED FOR A HANDICAPPED CHILD AS A SERVICE NEEDED TO MEET THE  195          

EDUCATIONAL NEEDS OF THE CHILD, AS IDENTIFIED IN THE               196          

INDIVIDUALIZED EDUCATION PROGRAM DEVELOPED FOR THE CHILD UNDER     197          

CHAPTER 3323. OF THE REVISED CODE;                                 198          

      (5)  PREVENT DELEGATION FROM OCCURRING PURSUANT TO SECTION   200          

5126.356 OF THE REVISED CODE WITHIN THE PROGRAMS AND SERVICES      202          

OFFERED BY A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL  203          

DISABILITIES;                                                      204          

      (6)  CONFLICT WITH ANY PROVISION OF THE REVISED CODE THAT    206          

SPECIFICALLY AUTHORIZES AN INDIVIDUAL TO PERFORM A PARTICULAR      207          

TASK;                                                              208          

      (7)  CONFLICT WITH ANY RULE ADOPTED PURSUANT TO THE REVISED  210          

CODE THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION, AS   211          

LONG AS THE RULE REMAINS IN EFFECT, SPECIFICALLY AUTHORIZING AN    212          

INDIVIDUAL TO PERFORM A PARTICULAR TASK;                           213          

      (8)  PROHIBIT A PERFUSIONIST FROM ADMINISTERING DRUGS        215          

INTRAVENOUSLY WHILE PRACTICING AS A PERFUSIONIST;                  216          

      (9)  AUTHORIZE A PHYSICIAN ASSISTANT, ANESTHESIOLOGIST       218          

ASSISTANT, OR ANY OTHER PROFESSIONAL REGULATED BY THE BOARD TO     219          

DELEGATE TASKS PURSUANT TO THIS SECTION.                           220          

      Sec. 4731.143.  (A)  Each person holding a valid             229          

certificate under this chapter authorizing the certificate holder  230          

to practice medicine and surgery, osteopathic medicine and         231          

surgery, or podiatry PODIATRIC MEDICINE AND SURGERY, who is not    232          

covered by medical malpractice insurance as defined in section     233          

3929.71 of the Revised Code, shall provide a patient with written  234          

notice of the certificate holder's lack of such insurance          235          

                                                          6      


                                                                 
coverage prior to providing nonemergency professional services to               

the patient.  The notice shall be provided alone on its own page.  236          

The notice shall provide space for the patient to acknowledge      237          

receipt of the notice, and shall be in the following form:         238          

      "N O T I C E:                                                240          

      Dr. ............... (here state the full name of the         242          

certificate holder) is not covered by medical malpractice          243          

insurance.                                                                      

      The undersigned acknowledges the receipt of this notice.     245          

..............................                                     247          

    (Patient's Signature)                                          248          

..............................                                     249          

           (Date)"                                                 250          

      The certificate holder shall obtain the patient's            253          

signature, acknowledging the patient's receipt of the notice,      254          

prior to providing nonemergency professional services to the       255          

patient.  The certificate holder shall maintain the signed notice  256          

in the patient's file.                                             257          

      (B)  This section does not apply to any officer or employee  259          

of the state, as those terms are defined in section 9.85 of the    260          

Revised Code, who is immune from civil liability under section     261          

9.86 of the Revised Code or is entitled to indemnification         262          

pursuant to section 9.87 of the Revised Code, to the extent that   263          

the person is acting within the scope of the person's employment   264          

or official responsibilities.                                                   

      This section does not apply to a person who complies with    266          

division (B)(2) of section 2305.234 of the Revised Code.           267          

      Sec. 4731.20.  The powers and duties conferred by this       277          

chapter on the state medical board, including all of the board's   279          

officers, for purposes of regulating the practices of medicine     280          

and surgery, osteopathic medicine and surgery, and podiatry        281          

PODIATRIC MEDICINE AND SURGERY, shall apply in the same manner,    283          

with any modifications the board considers necessary, for                       

purposes of regulating the practices of limited branches of        284          

                                                          7      


                                                                 
medicine, including the power of the board to take disciplinary    286          

actions under section 4731.22 of the Revised Code.                 287          

      Sec. 4731.22.  (A)  The state medical board, by an           299          

affirmative vote of not fewer than six of its members, may revoke  300          

or may refuse to grant a certificate to a person found by the      301          

board to have committed fraud during the administration of the     302          

examination for a certificate to practice or to have committed     304          

fraud, misrepresentation, or deception in applying for or          305          

securing any certificate to practice or certificate of                          

registration issued by the board.                                  306          

      (B)  The board, by an affirmative vote of not fewer than     309          

six members, shall, to the extent permitted by law, limit,         310          

revoke, or suspend an individual's certificate to practice,        312          

refuse to register an individual, refuse to reinstate a            313          

certificate, or reprimand or place on probation the holder of a    315          

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  317          

or certificate of registration to be used by a person, group, or   319          

corporation when the individual concerned is not actually          320          

directing the treatment given;                                     321          

      (2)  Failure to maintain minimal standards applicable to     324          

the selection or administration of drugs, or failure to employ     325          

acceptable scientific methods in the selection of drugs or other   326          

modalities for treatment of disease;                               327          

      (3)  Selling, giving away, personally furnishing,            329          

prescribing, or administering drugs for other than legal and       330          

legitimate therapeutic purposes or a plea of guilty to, a          331          

judicial finding of guilt of, or a judicial finding of             332          

eligibility for intervention in lieu of conviction of, a           334          

violation of any federal or state law regulating the possession,                

distribution, or use of any drug;                                  335          

      (4)  Willfully betraying a professional confidence.          337          

      For purposes of this division, "willfully betraying a        339          

professional confidence" does not include providing any            340          

                                                          8      


                                                                 
information, documents, or reports to a child fatality review      341          

board under sections 307.621 to 307.629 of the Revised Code and    342          

does not include the making of a report of an employee's use of a  343          

drug of abuse, or a report of a condition of an employee other     344          

than one involving the use of a drug of abuse, to the employer of  345          

the employee as described in division (B) of section 2305.33 of    346          

the Revised Code.  Nothing in this division affects the immunity   348          

from civil liability conferred by that section upon a physician    349          

who makes either type of report in accordance with division (B)    350          

of that section.  As used in this division, "employee,"            351          

"employer," and "physician" have the same meanings as in section   352          

2305.33 of the Revised Code.                                       353          

      (5)  Making a false, fraudulent, deceptive, or misleading    356          

statement in the solicitation of or advertising for patients; in   358          

relation to the practice of medicine and surgery, osteopathic      359          

medicine and surgery, podiatry PODIATRIC MEDICINE AND SURGERY, or  360          

a limited branch of medicine; or in securing or attempting to      362          

secure any certificate to practice or certificate of registration  363          

issued by the board.                                                            

      As used in this division, "false, fraudulent, deceptive, or  365          

misleading statement" means a statement that includes a            366          

misrepresentation of fact, is likely to mislead or deceive         367          

because of a failure to disclose material facts, is intended or    368          

is likely to create false or unjustified expectations of           369          

favorable results, or includes representations or implications     370          

that in reasonable probability will cause an ordinarily prudent    371          

person to misunderstand or be deceived.                            372          

      (6)  A departure from, or the failure to conform to,         374          

minimal standards of care of similar practitioners under the same  375          

or similar circumstances, whether or not actual injury to a        376          

patient is established;                                            377          

      (7)  Representing, with the purpose of obtaining             379          

compensation or other advantage as personal gain or for any other  381          

person, that an incurable disease or injury, or other incurable    382          

                                                          9      


                                                                 
condition, can be permanently cured;                               383          

      (8)  The obtaining of, or attempting to obtain, money or     385          

anything of value by fraudulent misrepresentations in the course   386          

of practice;                                                       387          

      (9)  A plea of guilty to, a judicial finding of guilt of,    390          

or a judicial finding of eligibility for intervention in lieu of   391          

conviction for, a felony;                                          392          

      (10)  Commission of an act that constitutes a felony in      394          

this state, regardless of the jurisdiction in which the act was    395          

committed;                                                         396          

      (11)  A plea of guilty to, a judicial finding of guilt of,   399          

or a judicial finding of eligibility for intervention in lieu of   400          

conviction for, a misdemeanor committed in the course of           401          

practice;                                                                       

      (12)  Commission of an act in the course of practice that    403          

constitutes a misdemeanor in this state, regardless of the         405          

jurisdiction in which the act was committed;                       406          

      (13)  A plea of guilty to, a judicial finding of guilt of,   409          

or a judicial finding of eligibility for intervention in lieu of   410          

conviction for, a misdemeanor involving moral turpitude;           411          

      (14)  Commission of an act involving moral turpitude that    413          

constitutes a misdemeanor in this state, regardless of the         415          

jurisdiction in which the act was committed;                       416          

      (15)  Violation of the conditions of limitation placed by    418          

the board upon a certificate to practice;                          419          

      (16)  Failure to pay license renewal fees specified in this  421          

chapter;                                                           422          

      (17)  Except as authorized in section 4731.31 of the         424          

Revised Code, engaging in the division of fees for referral of     426          

patients, or the receiving of a thing of value in return for a     427          

specific referral of a patient to utilize a particular service or  428          

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       430          

violation of any provision of a code of ethics of the American     432          

                                                          10     


                                                                 
medical association, the American osteopathic association, the     433          

American podiatric medical association, or any other national      434          

professional organizations that the board specifies by rule.  The  436          

state medical board shall obtain and keep on file current copies   437          

of the codes of ethics of the various national professional        438          

organizations.  The individual whose certificate is being          439          

suspended or revoked shall not be found to have violated any       441          

provision of a code of ethics of an organization not appropriate   442          

to the individual's profession.                                    443          

      For purposes of this division, a "provision of a code of     446          

ethics of a national professional organization" does not include   447          

any provision that would preclude the making of a report by a      448          

physician of an employee's use of a drug of abuse, or of a         449          

condition of an employee other than one involving the use of a     450          

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   452          

this division affects the immunity from civil liability conferred  453          

by that section upon a physician who makes either type of report   454          

in accordance with division (B) of that section.  As used in this  455          

division, "employee," "employer," and "physician" have the same    456          

meanings as in section 2305.33 of the Revised Code.                457          

      (19)  Inability to practice according to acceptable and      459          

prevailing standards of care by reason of mental illness or        460          

physical illness, including, but not limited to, physical          461          

deterioration that adversely affects cognitive, motor, or          462          

perceptive skills.                                                 463          

      In enforcing this division, the board, upon a showing of a   466          

possible violation, may compel any individual authorized to        467          

practice by this chapter or who has submitted an application       469          

pursuant to this chapter to submit to a mental examination,        471          

physical examination, including an HIV test, or both a mental and  473          

a physical examination.  The expense of the examination is the     475          

responsibility of the individual compelled to be examined.         476          

Failure to submit to a mental or physical examination or consent   477          

                                                          11     


                                                                 
to an HIV test ordered by the board constitutes an admission of    478          

the allegations against the individual unless the failure is due   480          

to circumstances beyond the individual's control, and a default    481          

and final order may be entered without the taking of testimony or  482          

presentation of evidence.  If the board finds an individual        483          

unable to practice because of the reasons set forth in this        485          

division, the board shall require the individual to submit to      486          

care, counseling, or treatment by physicians approved or           487          

designated by the board, as a condition for initial, continued,    488          

reinstated, or renewed authority to practice.  An individual       490          

affected under this division shall be afforded an opportunity to   492          

demonstrate to the board the ability to resume practice in         493          

compliance with acceptable and prevailing standards under the      494          

provisions of the individual's certificate.  For the purpose of    496          

this division, any individual who applies for or receives a        497          

certificate to practice under this chapter accepts the privilege   498          

of practicing in this state and, by so doing, shall be deemed to   501          

have given consent to submit to a mental or physical examination   502          

when directed to do so in writing by the board, and to have        503          

waived all objections to the admissibility of testimony or         504          

examination reports that constitute a privileged communication.    505          

      (20)  Except when civil penalties are imposed under section  507          

4731.225 or 4731.281 of the Revised Code, and subject to section   508          

4731.226 of the Revised Code, violating or attempting to violate,  510          

directly or indirectly, or assisting in or abetting the violation  511          

of, or conspiring to violate, any provisions of this chapter or    512          

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     514          

violation of, assisting in or abetting the violation of, or a      515          

conspiracy to violate, any provision of this chapter or any rule   516          

adopted by the board that would preclude the making of a report    519          

by a physician of an employee's use of a drug of abuse, or of a    520          

condition of an employee other than one involving the use of a     521          

drug of abuse, to the employer of the employee as described in                  

                                                          12     


                                                                 
division (B) of section 2305.33 of the Revised Code.  Nothing in   523          

this division affects the immunity from civil liability conferred  524          

by that section upon a physician who makes either type of report   525          

in accordance with division (B) of that section.  As used in this  526          

division, "employee," "employer," and "physician" have the same    527          

meanings as in section 2305.33 of the Revised Code.                528          

      (21)  The violation of any abortion rule adopted by the      530          

public health council pursuant to section 3701.341 of the Revised  531          

Code;                                                              532          

      (22)  Any of the following actions taken by the agency       534          

responsible for regulating the practice of medicine and surgery,   535          

osteopathic medicine and surgery, podiatry PODIATRIC MEDICINE AND  536          

SURGERY, or the limited branches of medicine in another            538          

jurisdiction, for any reason other than the nonpayment of fees:    539          

the limitation, revocation, or suspension of an individual's       540          

license to practice; acceptance of an individual's license         542          

surrender; denial of a license; refusal to renew or reinstate a    544          

license; imposition of probation; or issuance of an order of       545          

censure or other reprimand;                                                     

      (23)  The violation of section 2919.12 of the Revised Code   547          

or the performance or inducement of an abortion upon a pregnant    548          

woman with actual knowledge that the conditions specified in       549          

division (B) of section 2317.56 of the Revised Code have not been  550          

satisfied or with a heedless indifference as to whether those      551          

conditions have been satisfied, unless an affirmative defense as   552          

specified in division (H)(2) of that section would apply in a      553          

civil action authorized by division (H)(1) of that section;        554          

      (24)  The revocation, suspension, restriction, reduction,    556          

or termination of clinical privileges by the United States         558          

department of defense or department of veterans affairs or the     560          

termination or suspension of a certificate of registration to      561          

prescribe drugs by the drug enforcement administration of the      562          

United States department of justice;                               563          

      (25)  Termination or suspension from participation in the    565          

                                                          13     


                                                                 
medicare or medicaid programs by the department of health and      567          

human services or other responsible agency for any act or acts     568          

that also would constitute a violation of division (B)(2), (3),    569          

(6), (8), or (19) of this section;                                 570          

      (26)  Impairment of ability to practice according to         572          

acceptable and prevailing standards of care because of habitual    573          

or excessive use or abuse of drugs, alcohol, or other substances   574          

that impair ability to practice.                                   575          

      For the purposes of this division, any individual            577          

authorized to practice by this chapter accepts the privilege of    579          

practicing in this state subject to supervision by the board.  By  580          

filing an application for or holding a certificate to practice     583          

under this chapter, an individual shall be deemed to have given    585          

consent to submit to a mental or physical examination when         586          

ordered to do so by the board in writing, and to have waived all   587          

objections to the admissibility of testimony or examination        588          

reports that constitute privileged communications.                 589          

      If it has reason to believe that any individual authorized   591          

to practice by this chapter or any applicant for certification to  593          

practice suffers such impairment, the board may compel the         594          

individual to submit to a mental or physical examination, or       595          

both.  The expense of the examination is the responsibility of     597          

the individual compelled to be examined.  Any mental or physical   599          

examination required under this division shall be undertaken by a  600          

treatment provider or physician who is qualified to conduct the    601          

examination and who is chosen by the board.                        602          

      Failure to submit to a mental or physical examination        605          

ordered by the board constitutes an admission of the allegations   606          

against the individual unless the failure is due to circumstances  607          

beyond the individual's control, and a default and final order     608          

may be entered without the taking of testimony or presentation of  609          

evidence.  If the board determines that the individual's ability   610          

to practice is impaired, the board shall suspend the individual's  611          

certificate or deny the individual's application and shall         612          

                                                          14     


                                                                 
require the individual, as a condition for initial, continued,     613          

reinstated, or renewed certification to practice, to submit to     615          

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        617          

certificate suspended under this division, the impaired            619          

practitioner shall demonstrate to the board the ability to resume  621          

practice in compliance with acceptable and prevailing standards    622          

of care under the provisions of the practitioner's certificate.    623          

The demonstration shall include, but shall not be limited to, the  625          

following:                                                                      

      (a)  Certification from a treatment provider approved under  627          

section 4731.25 of the Revised Code that the individual has        629          

successfully completed any required inpatient treatment;           630          

      (b)  Evidence of continuing full compliance with an          632          

aftercare contract or consent agreement;                           633          

      (c)  Two written reports indicating that the individual's    635          

ability to practice has been assessed and that the individual has  636          

been found capable of practicing according to acceptable and       637          

prevailing standards of care.  The reports shall be made by        638          

individuals or providers approved by the board for making the      639          

assessments and shall describe the basis for their determination.  640          

      The board may reinstate a certificate suspended under this   643          

division after that demonstration and after the individual has     644          

entered into a written consent agreement.                          645          

      When the impaired practitioner resumes practice, the board   647          

shall require continued monitoring of the individual.  The         649          

monitoring shall include, but not be limited to, compliance with   651          

the written consent agreement entered into before reinstatement    652          

or with conditions imposed by board order after a hearing, and,    653          

upon termination of the consent agreement, submission to the       654          

board for at least two years of annual written progress reports    655          

made under penalty of perjury stating whether the individual has   656          

maintained sobriety.                                               657          

      (27)  A second or subsequent violation of section 4731.66    659          

                                                          15     


                                                                 
or 4731.69 of the Revised Code;                                    660          

      (28)  Except as provided in division (N) of this section:    662          

      (a)  Waiving the payment of all or any part of a deductible  665          

or copayment that a patient, pursuant to a health insurance or     666          

health care policy, contract, or plan that covers the              667          

individual's services, otherwise would be required to pay if the   669          

waiver is used as an enticement to a patient or group of patients  670          

to receive health care services from that individual;              671          

      (b)  Advertising that the individual will waive the payment  674          

of all or any part of a deductible or copayment that a patient,    675          

pursuant to a health insurance or health care policy, contract,    676          

or plan that covers the individual's services, otherwise would be  678          

required to pay.                                                   679          

      (29)  Failure to use universal blood and body fluid          681          

precautions established by rules adopted under section 4731.051    682          

of the Revised Code;                                               683          

      (30)  Failure of a collaborating physician to fulfill the    686          

responsibilities agreed to by the physician and an advanced        688          

practice nurse participating in a pilot program under section      689          

4723.52 of the Revised Code;                                                    

      (31)  Failure to provide notice to, and receive              691          

acknowledgment of the notice from, a patient when required by      693          

section 4731.143 of the Revised Code prior to providing            694          

nonemergency professional services, or failure to maintain that    695          

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         697          

assistant to maintain supervision in accordance with the           698          

requirements of Chapter 4730. of the Revised Code and the rules    699          

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to enter into a   701          

standard care arrangement with a clinical nurse specialist,        702          

certified nurse-midwife, or certified nurse practitioner with      703          

whom the physician or podiatrist is in collaboration pursuant to   704          

section 4731.27 of the Revised Code or failure to fulfill the      705          

                                                          16     


                                                                 
responsibilities of collaboration after entering into a standard   706          

care arrangement;                                                               

      (34)  Failure to comply with the terms of a consult          708          

agreement entered into with a pharmacist pursuant to section       709          

4729.39 of the Revised Code;                                       710          

      (35)  Failure to cooperate in an investigation conducted by  712          

the board under division (F) of this section, including failure    714          

to comply with a subpoena or order issued by the board or failure  715          

to answer truthfully a question presented by the board at a        716          

deposition or in written interrogatories, except that failure to   717          

cooperate with an investigation shall not constitute grounds for   718          

discipline under this section if a court of competent              719          

jurisdiction has issued an order that either quashes a subpoena    720          

or permits the individual to withhold the testimony or evidence    721          

in issue;                                                                       

      (36)  Failure to supervise an acupuncturist in accordance    723          

with Chapter 4762. of the Revised Code and the board's rules for   724          

supervision of an acupuncturist;                                   725          

      (37)  Failure to supervise an anesthesiologist assistant in  727          

accordance with Chapter 4760. of the Revised Code and the board's  728          

rules for supervision of an anesthesiologist assistant.            729          

      (C)  Disciplinary actions taken by the board under           731          

divisions (A) and (B) of this section shall be taken pursuant to   732          

an adjudication under Chapter 119. of the Revised Code, except     733          

that in lieu of an adjudication, the board may enter into a        734          

consent agreement with an individual to resolve an allegation of   735          

a violation of this chapter or any rule adopted under it.  A       736          

consent agreement, when ratified by an affirmative vote of not     737          

fewer than six members of the board, shall constitute the          738          

findings and order of the board with respect to the matter         739          

addressed in the agreement.  If the board refuses to ratify a      740          

consent agreement, the admissions and findings contained in the    741          

consent agreement shall be of no force or effect.                  742          

      (D)  For purposes of divisions (B)(10), (12), and (14) of    744          

                                                          17     


                                                                 
this section, the commission of the act may be established by a    745          

finding by the board, pursuant to an adjudication under Chapter    747          

119. of the Revised Code, that the individual committed the act.                

The board does not have jurisdiction under those divisions if the  750          

trial court renders a final judgment in the individual's favor                  

and that judgment is based upon an adjudication on the merits.     753          

The board has jurisdiction under those divisions if the trial      754          

court issues an order of dismissal upon technical or procedural    755          

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    757          

have no effect upon a prior board order entered under this         758          

section or upon the board's jurisdiction to take action under      759          

this section if, based upon a plea of guilty, a judicial finding   761          

of guilt, or a judicial finding of eligibility for intervention    762          

in lieu of conviction, the board issued a notice of opportunity    763          

for a hearing prior to the court's order to seal the records.      764          

The board shall not be required to seal, destroy, redact, or       765          

otherwise modify its records to reflect the court's sealing of     766          

conviction records.                                                767          

      (F)(1)  The board shall investigate evidence that appears    769          

to show that a person has violated any provision of this chapter   771          

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  773          

appears to show a violation of any provision of this chapter or    774          

any rule adopted under it.  In the absence of bad faith, any       776          

person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  778          

of the Revised Code shall not be liable in damages in a civil      779          

action as a result of the report or testimony.  Each complaint or  781          

allegation of a violation received by the board shall be assigned  782          

a case number and shall be recorded by the board.                  783          

      (2)  Investigations of alleged violations of this chapter    785          

or any rule adopted under it shall be supervised by the            787          

supervising member elected by the board in accordance with         788          

                                                          18     


                                                                 
section 4731.02 of the Revised Code and by the secretary as        789          

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         791          

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         793          

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   796          

or any rule adopted under this chapter, the board may administer   798          

oaths, order the taking of depositions, issue subpoenas, and       799          

compel the attendance of witnesses and production of books,        800          

accounts, papers, records, documents, and testimony, except that   801          

a subpoena for patient record information shall not be issued      802          

without consultation with the attorney general's office and        803          

approval of the secretary and supervising member of the board.     805          

Before issuance of a subpoena for patient record information, the  806          

secretary and supervising member shall determine whether there is  809          

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    810          

the records sought are relevant to the alleged violation and       812          

material to the investigation.  The subpoena may apply only to     813          

records that cover a reasonable period of time surrounding the     814          

alleged violation.                                                 815          

      On failure to comply with any subpoena issued by the board   818          

and after reasonable notice to the person being subpoenaed, the    819          

board may move for an order compelling the production of persons   820          

or records pursuant to the Rules of Civil Procedure.               821          

      A subpoena issued by the board may be served by a sheriff,   823          

the sheriff's deputy, or a board employee designated by the        824          

board.  Service of a subpoena issued by the board may be made by   826          

delivering a copy of the subpoena to the person named therein,     827          

reading it to the person, or leaving it at the person's usual      828          

place of residence.  When the person being served is a person      829          

whose practice is authorized by this chapter, service of the       830          

subpoena may be made by certified mail, restricted delivery,       831          

                                                          19     


                                                                 
return receipt requested, and the subpoena shall be deemed served  832          

on the date delivery is made or the date the person refuses to     833          

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   835          

same fees as a sheriff.  Each witness who appears before the       837          

board in obedience to a subpoena shall receive the fees and        839          

mileage provided for witnesses in civil cases in the courts of     840          

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   842          

considered civil actions for the purposes of section 2305.251 of   843          

the Revised Code.                                                  844          

      (5)  Information received by the board pursuant to an        846          

investigation is confidential and not subject to discovery in any  847          

civil action.                                                      848          

      The board shall conduct all investigations and proceedings   850          

in a manner that protects the confidentiality of patients and      852          

persons who file complaints with the board.  The board shall not   854          

make public the names or any other identifying information about   855          

patients or complainants unless proper consent is given or, in     856          

the case of a patient, a waiver of the patient privilege exists    857          

under division (B) of section 2317.02 of the Revised Code, except  858          

that consent or a waiver of that nature is not required if the     859          

board possesses reliable and substantial evidence that no bona     861          

fide physician-patient relationship exists.                        862          

      The board may share any information it receives pursuant to  865          

an investigation, including patient records and patient record     866          

information, with law enforcement agencies, other licensing        868          

boards, and other governmental agencies that are prosecuting,      870          

adjudicating, or investigating alleged violations of statutes or   871          

administrative rules.  An agency or board that receives the        872          

information shall comply with the same requirements regarding      873          

confidentiality as those with which the state medical board must   874          

comply, notwithstanding any conflicting provision of the Revised   875          

Code or procedure of the agency or board that applies when it is   876          

                                                          20     


                                                                 
dealing with other information in its possession.  In a judicial   877          

proceeding, the information may be admitted into evidence only in  880          

accordance with the Rules of Evidence, but the court shall         881          

require that appropriate measures are taken to ensure that         882          

confidentiality is maintained with respect to any part of the      883          

information that contains names or other identifying information   884          

about patients or complainants whose confidentiality was           885          

protected by the state medical board when the information was in   886          

the board's possession.  Measures to ensure confidentiality that   887          

may be taken by the court include sealing its records or deleting               

specific information from its records.                             889          

      (6)  On a quarterly basis, the board shall prepare a report  891          

that documents the disposition of all cases during the preceding   892          

three months.  The report shall contain the following information  893          

for each case with which the board has completed its activities:   894          

      (a)  The case number assigned to the complaint or alleged    896          

violation;                                                         897          

      (b)  The type of certificate to practice, if any, held by    900          

the individual against whom the complaint is directed;             901          

      (c)  A description of the allegations contained in the       903          

complaint;                                                         904          

      (d)  The disposition of the case.                            906          

      The report shall state how many cases are still pending and  909          

shall be prepared in a manner that protects the identity of each   911          

person involved in each case.  The report shall be a public        912          

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  914          

there is clear and convincing evidence that an individual has      916          

violated division (B) of this section and that the individual's    917          

continued practice presents a danger of immediate and serious      919          

harm to the public, they may recommend that the board suspend the  920          

individual's certificate to practice without a prior hearing.      922          

Written allegations shall be prepared for consideration by the                  

board.                                                             923          

                                                          21     


                                                                 
      The board, upon review of those allegations and by an        925          

affirmative vote of not fewer than six of its members, excluding   927          

the secretary and supervising member, may suspend a certificate    928          

without a prior hearing.  A telephone conference call may be       929          

utilized for reviewing the allegations and taking the vote on the  930          

summary suspension.                                                931          

      The board shall issue a written order of suspension by       933          

certified mail or in person in accordance with section 119.07 of   934          

the Revised Code.  The order shall not be subject to suspension    936          

by the court during pendency of any appeal filed under section     937          

119.12 of the Revised Code.  If the individual subject to the      939          

summary suspension requests an adjudicatory hearing by the board,  940          

the date set for the hearing shall be within fifteen days, but     941          

not earlier than seven days, after the individual requests the     943          

hearing, unless otherwise agreed to by both the board and the      944          

individual.                                                                     

      Any summary suspension imposed under this division shall     946          

remain in effect, unless reversed on appeal, until a final         947          

adjudicative order issued by the board pursuant to this section    948          

and Chapter 119. of the Revised Code becomes effective.  The       949          

board shall issue its final adjudicative order within sixty days   950          

after completion of its hearing.  A failure to issue the order     951          

within sixty days shall result in dissolution of the summary       952          

suspension order but shall not invalidate any subsequent, final    953          

adjudicative order.                                                954          

      (H)  If the board takes action under division (B)(9), (11),  957          

or (13) of this section and the judicial finding of guilt, guilty  958          

plea, or judicial finding of eligibility for intervention in lieu  959          

of conviction is overturned on appeal, upon exhaustion of the      962          

criminal appeal, a petition for reconsideration of the order may   963          

be filed with the board along with appropriate court documents.    964          

Upon receipt of a petition of that nature and supporting court     965          

documents, the board shall reinstate the individual's certificate  966          

to practice.  The board may then hold an adjudication under        967          

                                                          22     


                                                                 
Chapter 119. of the Revised Code to determine whether the          968          

individual committed the act in question.  Notice of an            970          

opportunity for a hearing shall be given in accordance with        971          

Chapter 119. of the Revised Code.  If the board finds, pursuant    972          

to an adjudication held under this division, that the individual   973          

committed the act or if no hearing is requested, the board may     975          

order any of the sanctions identified under division (B) of this   976          

section.                                                                        

      (I)  The certificate to practice issued to an individual     978          

under this chapter and the individual's practice in this state     980          

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      982          

subject to a judicial finding of eligibility for intervention in   983          

lieu of conviction in this state or treatment or intervention in   984          

lieu of conviction in another jurisdiction for any of the          986          

following criminal offenses in this state or a substantially       988          

equivalent criminal offense in another jurisdiction: aggravated                 

murder, murder, voluntary manslaughter, felonious assault,         990          

kidnapping, rape, sexual battery, gross sexual imposition,         991          

aggravated arson, aggravated robbery, or aggravated burglary.      992          

Continued practice after suspension shall be considered            993          

practicing without a certificate.                                  994          

      The board shall notify the individual subject to the         997          

suspension by certified mail or in person in accordance with       998          

section 119.07 of the Revised Code.  If an individual whose        999          

certificate is suspended under this division fails to make a       1,000        

timely request for an adjudication under Chapter 119. of the       1,001        

Revised Code, the board shall enter a final order permanently      1,002        

revoking the individual's certificate to practice.                 1,003        

      (J)  If the board is required by Chapter 119. of the         1,006        

Revised Code to give notice of an opportunity for a hearing and    1,007        

if the individual subject to the notice does not timely request a  1,008        

hearing in accordance with section 119.07 of the Revised Code,     1,010        

the board is not required to hold a hearing, but may adopt, by an  1,011        

                                                          23     


                                                                 
affirmative vote of not fewer than six of its members, a final     1,013        

order that contains the board's findings.  In that final order,    1,014        

the board may order any of the sanctions identified under          1,015        

division (A) or (B) of this section.                               1,016        

      (K)  Any action taken by the board under division (B) of     1,018        

this section resulting in a suspension from practice shall be      1,019        

accompanied by a written statement of the conditions under which   1,020        

the individual's certificate to practice may be reinstated.  The   1,022        

board shall adopt rules governing conditions to be imposed for     1,023        

reinstatement.  Reinstatement of a certificate suspended pursuant  1,024        

to division (B) of this section requires an affirmative vote of    1,025        

not fewer than six members of the board.                           1,026        

      (L)  When the board refuses to grant a certificate to an     1,029        

applicant, revokes an individual's certificate to practice,        1,031        

refuses to register an applicant, or refuses to reinstate an       1,032        

individual's certificate to practice, the board may specify that   1,033        

its action is permanent.  An individual subject to a permanent     1,034        

action taken by the board is forever thereafter ineligible to      1,035        

hold a certificate to practice and the board shall not accept an   1,036        

application for reinstatement of the certificate or for issuance   1,037        

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      1,039        

Code, all of the following apply:                                  1,040        

      (1)  The surrender of a certificate issued under this        1,042        

chapter shall not be effective unless or until accepted by the     1,044        

board.  Reinstatement of a certificate surrendered to the board    1,045        

requires an affirmative vote of not fewer than six members of the  1,046        

board.                                                                          

      (2)  An application for a certificate made under the         1,049        

provisions of this chapter may not be withdrawn without approval   1,051        

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      1,054        

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     1,056        

                                                          24     


                                                                 
under this section against the individual.                         1,057        

      (N)  Sanctions shall not be imposed under division (B)(28)   1,060        

of this section against any person who waives deductibles and      1,061        

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         1,063        

expressly allows such a practice.  Waiver of the deductibles or    1,064        

copayments shall be made only with the full knowledge and consent  1,065        

of the plan purchaser, payer, and third-party administrator.       1,066        

Documentation of the consent shall be made available to the board  1,067        

upon request.                                                                   

      (2)  For professional services rendered to any other person  1,069        

authorized to practice pursuant to this chapter, to the extent     1,071        

allowed by this chapter and rules adopted by the board.            1,072        

      (O)  Under the board's investigative duties described in     1,074        

this section and subject to division (F) of this section, the      1,076        

board shall develop and implement a quality intervention program   1,078        

designed to improve through remedial education the clinical and    1,080        

communication skills of individuals authorized under this chapter  1,081        

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry PODIATRIC MEDICINE AND SURGERY.  In          1,082        

developing and implementing the quality intervention program, the  1,083        

board may do all of the following:                                 1,084        

      (1)  Offer in appropriate cases as determined by the board   1,086        

an educational and assessment program pursuant to an               1,087        

investigation the board conducts under this section;               1,088        

      (2)  Select providers of educational and assessment          1,090        

services, including a quality intervention program panel of case   1,091        

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    1,094        

providers and approve individual educational programs recommended  1,095        

by those providers.  The board shall monitor the progress of each  1,096        

individual undertaking a recommended individual educational        1,097        

program.                                                           1,098        

      (4)  Determine what constitutes successful completion of an  1,100        

                                                          25     


                                                                 
individual educational program and require further monitoring of   1,101        

the individual who completed the program or other action that the  1,103        

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      1,105        

Revised Code to further implement the quality intervention         1,107        

program.                                                                        

      An individual who participates in an individual educational  1,110        

program pursuant to this division shall pay the financial          1,111        

obligations arising from that educational program.                 1,112        

      Sec. 4731.222.  Before restoring to good standing a          1,121        

certificate issued under this chapter that has been in a           1,122        

suspended or inactive state for any cause for more than two        1,123        

years, or before issuing a certificate pursuant to section         1,124        

4731.18, 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised    1,126        

Code to an applicant who for more than two years has not been                   

engaged in the practice of medicine, osteopathic medicine,         1,128        

podiatry PODIATRIC MEDICINE AND SURGERY, or a limited branch of    1,129        

medicine as an active practitioner, as a participant in a program  1,132        

of graduate medical education, as defined in section 4731.091 of   1,133        

the Revised Code, as a student in a college of podiatry                         

determined by the board to be in good standing, or as a student    1,134        

in a school, college, or institution giving instruction in a       1,135        

limited branch of medicine determined by the board to be in good   1,136        

standing under section 4731.19 of the Revised Code, the state      1,138        

medical board may require the applicant to pass an oral or                      

written examination, or both, to determine the applicant's         1,139        

present fitness to resume practice.                                1,140        

      The authority of the board to impose terms and conditions    1,142        

includes the following:                                            1,143        

      (A)  Requiring the applicant to obtain additional training   1,145        

and to pass an examination upon completion of such training;       1,146        

      (B)  Restricting or limiting the extent, scope, or type of   1,148        

practice of the applicant.                                         1,149        

      The board shall consider the moral background and the        1,151        

                                                          26     


                                                                 
activities of the applicant during the period of suspension or     1,152        

inactivity, in accordance with section 4731.08 of the Revised      1,153        

Code.                                                              1,154        

      Sec. 4731.224.  (A)  Within sixty days after the imposition  1,164        

of any formal disciplinary action taken by any health care         1,165        

facility, including a hospital, health care facility operated by   1,166        

a health insuring corporation, ambulatory surgical center, or      1,167        

similar facility, against any individual holding a valid           1,169        

certificate to practice issued pursuant to this chapter, the       1,170        

chief administrator or executive officer of the facility shall     1,171        

report to the state medical board the name of the individual, the  1,173        

action taken by the facility, and a summary of the underlying      1,174        

facts leading to the action taken.  Upon request, the board shall               

be provided certified copies of the patient records that were the  1,176        

basis for the facility's action.  Prior to release to the board,   1,177        

the summary shall be approved by the peer review committee that    1,178        

reviewed the case or by the governing board of the facility.  As   1,180        

used in this division, "formal disciplinary action" means any      1,181        

action resulting in the revocation, restriction, reduction, or     1,183        

termination of clinical privileges for violations of professional  1,184        

ethics, or for reasons of medical incompetence, medical            1,185        

malpractice, or drug or alcohol abuse.  "Formal disciplinary       1,186        

action" includes a summary action, an action that takes effect     1,187        

notwithstanding any appeal rights that may exist, and an action    1,188        

that results in an individual surrendering clinical privileges     1,189        

while under investigation and during proceedings regarding the     1,190        

action being taken or in return for not being investigated or      1,191        

having proceedings held.  "Formal disciplinary action" does not    1,192        

include any action taken for the sole reason of failure to         1,194        

maintain records on a timely basis or failure to attend staff or   1,195        

section meetings.                                                               

      The filing or nonfiling of a report with the board,          1,197        

investigation by the board, or any disciplinary action taken by    1,198        

the board, shall not preclude any action by a health care          1,199        

                                                          27     


                                                                 
facility to suspend, restrict, or revoke the individual's          1,201        

clinical privileges.                                                            

      In the absence of fraud or bad faith, no individual or       1,203        

entity that provides patient records to the board shall be liable  1,204        

in damages to any person as a result of providing the records.     1,205        

      (B)  If any individual authorized to practice under this     1,208        

chapter or any professional association or society of such         1,209        

individuals believes that a violation of any provision of this     1,210        

chapter, Chapter 4730., 4760., or 4762. of the Revised Code, or    1,211        

any rule of the board has occurred, the individual, association,   1,214        

or society shall report to the board the information upon which    1,216        

the belief is based.  This division does not require any                        

treatment provider approved by the board under section 4731.25 of  1,217        

the Revised Code or any employee, agent, or representative of      1,218        

such a provider to make reports with respect to an impaired        1,219        

practitioner participating in treatment or aftercare for           1,220        

substance abuse as long as the practitioner maintains              1,222        

participation in accordance with the requirements of section       1,223        

4731.25 of the Revised Code, and as long as the treatment          1,224        

provider or employee, agent, or representative of the provider     1,225        

has no reason to believe that the practitioner has violated any    1,226        

provision of this chapter or any rule adopted under it, other      1,227        

than the provisions of division (B)(26) of section 4731.22 of the  1,229        

Revised Code.  This division does not require reporting by any     1,230        

member of an impaired practitioner committee established by a      1,231        

health care facility or by any representative or agent of a        1,232        

committee or program sponsored by a professional association or    1,233        

society of individuals authorized to practice under this chapter   1,234        

to provide peer assistance to practitioners with substance abuse   1,236        

problems with respect to a practitioner who has been referred for  1,237        

examination to a treatment program approved by the board under     1,238        

section 4731.25 of the Revised Code if the practitioner            1,239        

cooperates with the referral for examination and with any          1,240        

determination that the practitioner should enter treatment and as  1,242        

                                                          28     


                                                                 
long as the committee member, representative, or agent has no      1,243        

reason to believe that the practitioner has ceased to participate  1,244        

in the treatment program in accordance with section 4731.25 of     1,245        

the Revised Code or has violated any provision of this chapter or  1,246        

any rule adopted under it, other than the provisions of division   1,249        

(B)(26) of section 4731.22 of the Revised Code.                                 

      (C)  Any professional association or society composed        1,251        

primarily of doctors of medicine and surgery, doctors of           1,253        

osteopathic medicine and surgery, doctors of podiatry PODIATRIC    1,254        

MEDICINE AND SURGERY, or practitioners of limited branches of      1,256        

medicine that suspends or revokes an individual's membership for   1,257        

violations of professional ethics, or for reasons of professional  1,258        

incompetence or professional malpractice, within sixty days after  1,259        

a final decision shall report to the board, on forms prescribed    1,260        

and provided by the board, the name of the individual, the action  1,262        

taken by the professional organization, and a summary of the       1,263        

underlying facts leading to the action taken.                      1,264        

      The filing of a report with the board or decision not to     1,266        

file a report, investigation by the board, or any disciplinary     1,267        

action taken by the board, does not preclude a professional        1,268        

organization from taking disciplinary action against an            1,269        

individual.                                                                     

      (D)  Any insurer providing professional liability insurance  1,271        

to an individual authorized to practice under this chapter, or     1,273        

any other entity that seeks to indemnify the professional          1,274        

liability of such an individual, shall notify the board within     1,275        

thirty days after the final disposition of any written claim for   1,276        

damages where such disposition results in a payment exceeding      1,277        

twenty-five thousand dollars.  The notice shall contain the        1,278        

following information:                                             1,279        

      (1)  The name and address of the person submitting the       1,281        

notification;                                                      1,282        

      (2)  The name and address of the insured who is the subject  1,284        

of the claim;                                                      1,285        

                                                          29     


                                                                 
      (3)  The name of the person filing the written claim;        1,287        

      (4)  The date of final disposition;                          1,289        

      (5)  If applicable, the identity of the court in which the   1,291        

final disposition of the claim took place.                         1,292        

      (E)  The board may investigate possible violations of this   1,294        

chapter or the rules adopted under it that are brought to its      1,295        

attention as a result of the reporting requirements of this        1,298        

section, except that the board shall conduct an investigation if   1,299        

a possible violation involves repeated malpractice.  As used in    1,301        

this division, "repeated malpractice" means three or more claims   1,302        

for medical malpractice within the previous five-year period,      1,303        

each resulting in a judgment or settlement in excess of                         

twenty-five thousand dollars in favor of the claimant, and each    1,304        

involving negligent conduct by the practicing individual.          1,306        

      (F)  All summaries, reports, and records received and        1,308        

maintained by the board pursuant to this section shall be held in  1,309        

confidence and shall not be subject to discovery or introduction   1,310        

in evidence in any federal or state civil action involving a       1,311        

health care professional or facility arising out of matters that   1,313        

are the subject of the reporting required by this section.  The    1,314        

board may use the information obtained only as the basis for an    1,315        

investigation, as evidence in a disciplinary hearing against an    1,316        

individual whose practice is regulated under this chapter, or in   1,317        

any subsequent trial or appeal of a board action or order.         1,319        

      The board may disclose the summaries and reports it          1,322        

receives under this section only to health care facility           1,323        

committees within or outside this state that are involved in       1,324        

credentialing or recredentialing the individual or in reviewing    1,325        

the individual's clinical privileges.  The board shall indicate    1,326        

whether or not the information has been verified.  Information     1,327        

transmitted by the board shall be subject to the same              1,328        

confidentiality provisions as when maintained by the board.        1,329        

      (G)  Except for reports filed by an individual pursuant to   1,332        

division (B) of this section, the board shall send a copy of any   1,333        

                                                          30     


                                                                 
reports or summaries it receives pursuant to this section to the   1,334        

individual who is the subject of the reports or summaries.  The    1,336        

individual shall have the right to file a statement with the       1,337        

board concerning the correctness or relevance of the information.  1,338        

The statement shall at all times accompany that part of the        1,339        

record in contention.                                              1,340        

      (H)  An individual or entity that, pursuant to this          1,343        

section, reports to the board or refers an impaired practitioner   1,344        

to a treatment provider approved by the board under section        1,345        

4731.25 of the Revised Code shall not be subject to suit for       1,346        

civil damages as a result of the report, referral, or provision    1,348        

of the information.                                                             

      (I)  In the absence of fraud or bad faith, no professional   1,350        

association or society of individuals authorized to practice       1,351        

under this chapter that sponsors a committee or program to         1,353        

provide peer assistance to practitioners with substance abuse      1,354        

problems, no representative or agent of such a committee or        1,355        

program, and no member of the state medical board shall be held    1,356        

liable in damages to any person by reason of actions taken to      1,357        

refer a practitioner to a treatment provider approved under        1,358        

section 4731.25 of the Revised Code for examination or treatment.  1,359        

      Sec. 4731.281.  (A)  On or before the deadline established   1,368        

under division (B) of this section for applying for renewal of a   1,370        

certificate of registration, each person holding a certificate     1,371        

under this chapter to practice medicine and surgery, osteopathic   1,372        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY   1,373        

shall certify to the state medical board that in the preceding     1,374        

two years the person has completed one hundred hours of            1,376        

continuing medical education.  The certification shall be made     1,377        

upon the application for biennial registration submitted pursuant  1,378        

to division (B) of this section.  The board shall adopt rules      1,379        

providing for pro rata reductions by month of the number of hours  1,381        

of continuing education required for persons who are in their      1,382        

first registration period, who have a registration period of less  1,383        

                                                          31     


                                                                 
than two years due to initial implementation of the staggered      1,384        

renewal schedule established under division (B) of this section,   1,385        

who have been disabled due to illness or accident, or who have     1,386        

been absent from the country.                                      1,387        

      In determining whether a course, program, or activity        1,389        

qualifies for credit as continuing medical education, the board    1,390        

shall approve all continuing medical education taken by persons    1,392        

holding a certificate to practice medicine and surgery that is     1,393        

certified by the Ohio state medical association, all continuing    1,394        

medical education taken by persons holding a certificate to        1,395        

practice osteopathic medicine and surgery that is certified by     1,396        

the Ohio osteopathic association, and all continuing medical       1,397        

education taken by persons holding a certificate to practice       1,398        

podiatry that is certified by the Ohio podiatric medical           1,399        

association.  Each person holding a certificate to practice under  1,401        

this chapter shall be given sufficient choice of continuing        1,402        

education programs to ensure that the person has had a reasonable  1,403        

opportunity to participate in continuing education programs that   1,405        

are relevant to the person's medical practice in terms of subject  1,407        

matter and level.                                                               

      The board may require a random sample of persons holding a   1,410        

certificate to practice under this chapter to submit materials     1,411        

documenting completion of the continuing medical education         1,412        

requirement during the preceding registration period, but this     1,413        

provision shall not limit the board's authority to investigate     1,414        

pursuant to section 4731.22 of the Revised Code.                   1,415        

      (B)(1)  Every person holding a certificate under this        1,417        

chapter to practice medicine and surgery, osteopathic medicine     1,418        

and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY wishing    1,419        

to renew that certificate shall apply to the board for a           1,421        

certificate of registration upon an application furnished by the   1,422        

board, and pay to the board at the time of application a fee of    1,423        

three hundred five dollars, according to the following schedule:   1,425        

      (a)  Persons whose last name begins with the letters "A"     1,427        

                                                          32     


                                                                 
through "B," on or before April 1, 2001, and the first day of      1,428        

April of every odd-numbered year thereafter;                       1,429        

      (b)  Persons whose last name begins with the letters "C"     1,431        

through "D," on or before January 1, 2001, and the first day of    1,432        

January of every odd-numbered year thereafter;                     1,433        

      (c)  Persons whose last name begins with the letters "E"     1,436        

through "G," on or before October 1, 2000, and the first day of    1,438        

October of every even-numbered year thereafter;                    1,439        

      (d)  Persons whose last name begins with the letters "H"     1,442        

through "K," on or before July 1, 2000, and the first day of July  1,444        

of every even-numbered year thereafter;                                         

      (e)  Persons whose last name begins with the letters "L"     1,447        

through "M," on or before April 1, 2000, and the first day of      1,449        

April of every even-numbered year thereafter;                                   

      (f)  Persons whose last name begins with the letters "N"     1,452        

through "R," on or before January 1, 2000, and the first day of    1,455        

January of every even-numbered year thereafter;                    1,456        

      (g)  Persons whose last name begins with the letters "S,"    1,459        

on or before October 1, 1999, and the first day of October of      1,460        

every odd-numbered year thereafter;                                             

      (h)  Persons whose last name begins with the letters "T"     1,463        

through "Z," on or before July 1, 1999, and the first day of July  1,464        

of every odd-numbered year thereafter.                             1,465        

      The board shall deposit the fee in accordance with section   1,468        

4731.24 of the Revised Code, except that, until July 30, 2001,     1,470        

the board shall deposit twenty dollars of the fee into the state   1,471        

treasury to the credit of the physician loan repayment fund        1,472        

created by section 3702.78 of the Revised Code.                    1,473        

      (2)  The board shall mail or cause to be mailed to every     1,475        

person registered to practice medicine and surgery, osteopathic    1,476        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY,  1,477        

an application for registration addressed to the person's last     1,479        

known post-office address or may cause the application to be sent  1,480        

to the person through the secretary of any recognized medical,     1,482        

                                                          33     


                                                                 
osteopathic, or podiatric society, according to the following      1,483        

schedule:                                                                       

      (a)  To persons whose last name begins with the letters "A"  1,485        

through "B," on or before January 1, 2001, and the first day of    1,487        

January of every odd-numbered year thereafter;                                  

      (b)  To persons whose last name begins with the letters "C"  1,490        

through "D," on or before October 1, 2000, and the first day of    1,491        

October of every even-numbered year thereafter;                    1,492        

      (c)  To persons whose last name begins with the letters "E"  1,495        

through "G," on or before July 1, 2000, and the first day of July  1,498        

of every even-numbered year thereafter;                            1,499        

      (d)  To persons whose last name begins with the letters "H"  1,502        

through "K," on or before April 1, 2000, and the first day of      1,505        

April of every even-numbered year thereafter;                      1,506        

      (e)  To persons whose last name begins with the letters "L"  1,509        

through "M," on or before January 1, 2000, and the first day of    1,512        

January of every even-numbered year thereafter;                    1,513        

      (f)  To persons whose last name begins with the letters "N"  1,516        

through "R," on or before October 1, 1999, and the first day of    1,519        

October of every odd-numbered year thereafter;                     1,520        

      (g)  To persons whose last name begins with the letters      1,523        

"S," on or before July 1, 1999, and the first day of July of       1,525        

every odd-numbered year thereafter;                                1,526        

      (h)  To persons whose last name begins with the letters "T"  1,529        

through "Z," on or before April 1, 1999, and the first day of      1,532        

April of every odd-numbered year thereafter;                       1,533        

      Failure of any person to receive an application from the     1,536        

board shall not excuse the person from the requirements contained  1,537        

in this section.  The application shall contain proper spaces for  1,538        

the applicant's signature and the insertion of the required        1,539        

information, including a statement that the person has fulfilled   1,541        

the continuing education requirements imposed by this section.     1,542        

      The applicant shall write or cause to be written upon the    1,544        

application so furnished the applicant's full name, principal      1,546        

                                                          34     


                                                                 
practice address and residence address, the number of the          1,548        

applicant's certificate to practice, and any other facts for the   1,550        

identification of the applicant as a person holding a certificate  1,551        

to practice under this chapter as the board considers necessary.   1,552        

The applicant shall include with the application a list of the     1,553        

names and addresses of any clinical nurse specialists, certified   1,554        

nurse-midwives, or certified nurse practitioners with whom the     1,555        

applicant is currently collaborating, as defined in section        1,556        

4723.02 of the Revised Code.  The applicant shall execute and      1,559        

deliver the application to the board by mail or in person.  Every  1,560        

person registered under this section shall give written notice to  1,561        

the board of any change of principal practice address or           1,562        

residence address or in the list within thirty days of the         1,563        

change.                                                                         

      The applicant shall report any criminal offense that         1,565        

constitutes grounds for refusal of registration under section      1,566        

4731.22 of the Revised Code to which the applicant has pleaded     1,567        

guilty, of which the applicant has been found guilty, or for       1,570        

which the applicant has been found eligible for intervention in    1,572        

lieu of conviction, since last signing an application for a        1,574        

certificate of registration.                                                    

      (C)  The board shall issue to any person holding a           1,576        

certificate under this chapter to practice medicine and surgery,   1,577        

osteopathic medicine and surgery, or podiatry PODIATRIC MEDICINE   1,578        

AND SURGERY, upon application and qualification therefor in        1,580        

accordance with this section, a certificate of registration under  1,581        

the seal of the board.  A certificate of registration shall be     1,582        

valid for a two-year period, commencing on the first day of the    1,584        

third month after the registration fee is due and expiring on the  1,585        

last day of the month two years thereafter.                        1,587        

      The board shall publish and cause to be mailed to each       1,591        

person registered under this section, upon request, a printed      1,592        

list of the persons so registered.                                              

      (D)  Failure of any certificate holder to register and       1,594        

                                                          35     


                                                                 
comply with this section shall operate automatically to suspend    1,595        

the holder's certificate to practice.  Continued practice after    1,598        

the suspension of the certificate to practice shall be considered  1,599        

as practicing in violation of section 4731.41, 4731.43, or         1,601        

4731.60 of the Revised Code.  Subject to section 4731.222 of the   1,602        

Revised Code, the  IF THE CERTIFICATE HAS BEEN SUSPENDED PURSUANT  1,603        

TO THIS DIVISION FOR TWO YEARS OR LESS, IT MAY BE REINSTATED.      1,604        

THE board shall reinstate a certificate to practice for failure    1,606        

to register upon an applicant's submission of the biennial         1,607        

registration fee, the applicable monetary penalty, and             1,608        

certification by signature of the applicant that the applicant     1,609        

has completed the requisite continuing medical education.  The     1,610        

penalty for reinstatement shall be fifty dollars if the            1,612        

certificate has been suspended for two years or less and.  IF THE  1,613        

CERTIFICATE HAS BEEN SUSPENDED PURSUANT TO THIS DIVISION FOR MORE               

THAN TWO YEARS, IT MAY BE RESTORED.  IN ACCORDANCE WITH SECTION    1,614        

4731.222 OF THE REVISED CODE, THE BOARD MAY RESTORE A CERTIFICATE  1,615        

TO PRACTICE FOR FAILURE TO REGISTER UPON AN APPLICANT'S            1,617        

SUBMISSION OF A RESTORATION APPLICATION, THE BIENNIAL                           

REGISTRATION FEE, AND THE APPLICABLE MONETARY PENALTY.  THE        1,618        

PENALTY FOR RESTORATION SHALL BE one hundred dollars if the        1,619        

certificate has been suspended for more than two years.  The       1,620        

board shall deposit the penalties in accordance with section       1,621        

4731.24 of the Revised Code.                                       1,622        

      (E)  If an individual certifies completion of the number of  1,624        

hours and type of continuing medical education required to         1,626        

receive a certificate of registration or reinstatement of a        1,627        

certificate to practice, and the board finds through the random    1,628        

samples it conducts under this section or through any other means  1,629        

that the individual did not complete the requisite continuing      1,630        

medical education, the board may impose a civil penalty of not     1,631        

more than five thousand dollars.  The board's finding shall be     1,632        

made pursuant to an adjudication under Chapter 119. of the         1,633        

Revised Code and by an affirmative vote of not fewer than six      1,635        

                                                          36     


                                                                 
members.                                                                        

      A civil penalty imposed under this division may be in        1,637        

addition to or in lieu of any other action the board may take      1,638        

under section 4731.22 of the Revised Code.  The board shall        1,640        

deposit civil penalties in accordance with section 4731.24 of the  1,641        

Revised Code.                                                                   

      (F)  The state medical board may obtain information not      1,643        

protected by statutory or common law privilege from courts and     1,644        

other sources concerning malpractice claims against any person     1,645        

holding a certificate to practice under this chapter or            1,646        

practicing as provided in section 4731.36 of the Revised Code.     1,647        

      Sec. 4731.29.  (A)  When a person licensed to practice       1,656        

medicine and surgery or osteopathic medicine and surgery by the    1,657        

licensing department of another state, a diplomate of the          1,658        

national board of medical examiners or the national board of       1,659        

examiners for osteopathic physicians and surgeons, or a            1,660        

licentiate of the medical council of Canada wishes to remove to    1,661        

this state to practice, the person shall file an application with  1,663        

the state medical board.  The board may, in its discretion, by an  1,664        

affirmative vote of not less than six of its members, issue its    1,665        

certificate to practice medicine and surgery or osteopathic        1,666        

medicine and surgery without requiring the applicant to submit to  1,667        

examination, provided the applicant submits evidence satisfactory  1,669        

to the board of meeting the same age, moral character, and         1,670        

educational requirements individuals must meet under sections      1,671        

4731.08, 4731.09, 4731.091, and 4731.14 of the Revised Code and,   1,672        

if applicable, demonstrates proficiency in spoken English in       1,673        

accordance with division (E) of this section.                      1,674        

      (B)  The state medical board shall issue or deny its         1,676        

certificate to practice within sixty days after the receipt of a   1,677        

complete application under division (A) of this section.  Within   1,678        

thirty days after receipt of an application, the state medical     1,679        

board shall provide the applicant with written notice of any       1,680        

information required before an application can be considered       1,682        

                                                          37     


                                                                 
complete for purposes of this section.                                          

      (C)  If an applicant is under investigation pursuant to      1,684        

section 4731.22 of the Revised Code, the state medical board       1,685        

shall conclude the investigation within ninety days of receipt of  1,686        

a complete application unless extended by written consent of the   1,687        

applicant or unless the board determines that a substantial        1,688        

question of a violation of this chapter or the rules adopted       1,689        

under it exists and the board has notified the applicant in        1,690        

writing of the reasons for the continuation of the investigation.  1,691        

If the board determines that the applicant is not in violation,    1,692        

it shall issue a certificate within forty-five days of that        1,693        

determination.                                                                  

      (D)  A fee of three hundred dollars shall be submitted with  1,695        

each application for certification under this section.             1,696        

      (E)(1)  Except as provided in division (E)(2) of this        1,699        

section, an applicant licensed to practice medicine and surgery    1,700        

or osteopathic medicine and surgery by the licensing department    1,701        

of another state who received that license based in part on        1,702        

certification from the educational commission for foreign medical  1,703        

graduates shall demonstrate proficiency in spoken English if the   1,704        

applicant fulfilled the undergraduate requirements for a           1,705        

certificate issued under this section at an institution outside    1,707        

the United States.  The applicant may demonstrate such             1,708        

proficiency only in the manner described in section 4731.142 of    1,709        

the Revised Code for individuals attempting to receive             1,710        

certificates issued under section 4731.14 of the Revised Code.     1,711        

      (2)  An applicant described in division (E)(1) of this       1,714        

section is not required to demonstrate proficiency in spoken       1,715        

English if either of the following apply:                                       

      (a)  During the five years immediately preceding the date    1,717        

of application, the applicant's license has been unrestricted and  1,719        

the applicant has been actively practicing medicine and surgery    1,720        

or osteopathic medicine and surgery in the United States.                       

      (b)  AT THE BEGINNING OF THE FIVE-YEAR PERIOD PRECEDING THE  1,722        

                                                          38     


                                                                 
DATE OF APPLICATION UNDER THIS SECTION, THE APPLICANT WAS          1,723        

PARTICIPATING IN GRADUATE MEDICAL EDUCATION, AS DEFINED IN         1,724        

SECTION 4731.091 OF THE REVISED CODE, AND SINCE COMPLETING THAT    1,725        

EDUCATION HAS HELD AN UNRESTRICTED LICENSE AND HAS BEEN ACTIVELY                

PRACTICING MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND        1,726        

SURGERY IN THE UNITED STATES.                                      1,727        

      (c)  The applicant was required to demonstrate such          1,729        

proficiency as a condition of receiving certification from the     1,731        

educational commission for foreign medical graduates.              1,732        

      Sec. 4731.294.  (A)  The state medical board may issue,      1,741        

without examination, a special activity certificate to any person  1,742        

seeking to practice medicine and surgery or osteopathic medicine   1,743        

and surgery in conjunction with a special activity, program, or    1,744        

event taking place in this state.                                  1,745        

      (B)  An applicant for a special activity certificate shall   1,747        

HOLD A TELEMEDICINE CERTIFICATE ISSUED UNDER SECTION 4731.296 OF   1,748        

THE REVISED CODE OR submit evidence satisfactory to the board of   1,749        

all of the following:                                              1,750        

      (1)  He THE APPLICANT holds a current, unrestricted license  1,752        

to practice medicine and surgery or osteopathic medicine and       1,754        

surgery issued by another state or country and that within the     1,755        

two-year period immediately preceding his application, he THE      1,756        

APPLICANT has done one of the following:                           1,758        

      (a)  Actively practiced medicine and surgery or osteopathic  1,760        

medicine and surgery in the United States;                         1,761        

      (b)  Participated in a graduate medical education program    1,763        

accredited by either the accreditation council for graduate        1,764        

medical education of the American medical association or the       1,765        

American osteopathic association;                                  1,766        

      (c)  Successfully passed the federation licensing            1,768        

examination established by the federation of state medical         1,769        

boards, a special examination established by the federation of     1,770        

state medical boards, or all parts of a standard medical           1,771        

licensing examination established for purposes of determining the  1,772        

                                                          39     


                                                                 
competence of individuals to practice medicine and surgery or      1,773        

osteopathic medicine and surgery in the United States.             1,774        

      (2)  He THE APPLICANT meets the same educational             1,776        

requirements that individuals must meet under sections 4731.09,    1,778        

4731.091, and 4731.14 of the Revised Code.                         1,779        

      (3)  His THE APPLICANT'S practice in conjunction with the    1,781        

special activity, program, or event will be in the public          1,783        

interest.                                                                       

      (C)  The applicant shall pay a fee of one hundred            1,785        

twenty-five dollars UNLESS THE APPLICANT HOLDS A TELEMEDICINE      1,786        

CERTIFICATE ISSUED UNDER SECTION 4731.296 OF THE REVISED CODE.     1,787        

IF THE APPLICANT HOLDS A TELEMEDICINE CERTIFICATE, THE BOARD       1,788        

SHALL NOT CHARGE A FEE FOR ISSUING A CERTIFICATE UNDER THIS        1,789        

SECTION.  The board shall maintain a register of all persons who   1,790        

hold a special activity certificate.                                            

      (D)  The holder of a special activity certificate may        1,792        

practice medicine and surgery or osteopathic medicine and surgery  1,793        

only in conjunction with the special activity, event, or program   1,794        

for which the certificate is issued.  The board may revoke a       1,795        

certificate on receiving proof satisfactory to the board that the  1,796        

holder of the certificate has engaged in practice in this state    1,797        

outside the scope of the certificate or that there are grounds     1,798        

for action against him THE CERTIFICATE HOLDER under section        1,799        

4731.22 of the Revised Code.                                       1,800        

      (E)  A special activity certificate is valid for the         1,802        

shorter of thirty days or the duration of the special activity,    1,803        

program, or event.  The certificate may not be renewed.            1,804        

      (F)  THE STATE MEDICAL BOARD SHALL ADOPT RULES IN            1,806        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT SPECIFY HOW  1,807        

OFTEN AN APPLICANT MAY BE GRANTED A CERTIFICATE UNDER THIS         1,808        

SECTION.                                                                        

      Sec. 4731.296.  (A)  FOR THE PURPOSES OF THIS SECTION, "THE  1,810        

PRACTICE OF TELEMEDICINE" MEANS THE PRACTICE OF MEDICINE IN THIS   1,811        

STATE THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL,        1,812        

                                                          40     


                                                                 
WRITTEN, OR ELECTRONIC COMMUNICATION, BY A PHYSICIAN LOCATED       1,813        

OUTSIDE THIS STATE.                                                             

      (B)  A PERSON WHO WISHES TO PRACTICE TELEMEDICINE IN THIS    1,815        

STATE SHALL FILE AN APPLICATION WITH THE STATE MEDICAL BOARD,      1,816        

TOGETHER WITH A FEE IN THE AMOUNT OF THE FEE DESCRIBED IN          1,817        

DIVISION (D) OF SECTION 4731.29 OF THE REVISED CODE.  THE BOARD    1,818        

MAY ISSUE, WITHOUT EXAMINATION, A TELEMEDICINE CERTIFICATE TO A    1,819        

PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:                             

      (1)  THE PERSON HOLDS A CURRENT, UNRESTRICTED LICENSE TO     1,821        

PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY  1,822        

ISSUED BY ANOTHER STATE THAT REQUIRES LICENSE HOLDERS TO COMPLETE  1,823        

AT LEAST FIFTY HOURS OF CONTINUING MEDICAL EDUCATION EVERY TWO     1,824        

YEARS.                                                                          

      (2)  THE PERSON'S PRINCIPAL PLACE OF PRACTICE IS IN THAT     1,826        

STATE.                                                                          

      (3)  THE PERSON DOES NOT HOLD A CERTIFICATE ISSUED UNDER     1,828        

THIS CHAPTER AUTHORIZING THE PRACTICE OF MEDICINE AND SURGERY OR   1,829        

OSTEOPATHIC MEDICINE AND SURGERY IN THIS STATE.                    1,830        

      (4)  THE PERSON MEETS THE SAME AGE, MORAL CHARACTER, AND     1,832        

EDUCATIONAL REQUIREMENTS INDIVIDUALS MUST MEET UNDER SECTIONS      1,833        

4731.08, 4731.09, 4731.091, AND 4731.14 OF THE REVISED CODE AND,   1,834        

IF APPLICABLE, DEMONSTRATES PROFICIENCY IN SPOKEN ENGLISH IN       1,835        

ACCORDANCE WITH DIVISION (E) OF SECTION 4731.29 OF THE REVISED     1,836        

CODE.                                                                           

      (C)  THE HOLDER OF A TELEMEDICINE CERTIFICATE MAY ENGAGE IN  1,838        

THE PRACTICE OF TELEMEDICINE IN THIS STATE.  A PERSON HOLDING A    1,839        

TELEMEDICINE CERTIFICATE SHALL NOT PRACTICE MEDICINE IN PERSON IN  1,840        

THIS STATE WITHOUT OBTAINING A SPECIAL ACTIVITY CERTIFICATE UNDER  1,841        

SECTION 4731.294 OF THE REVISED CODE.                                           

      (D)  THE BOARD MAY REVOKE A CERTIFICATE ISSUED UNDER THIS    1,843        

SECTION OR TAKE OTHER DISCIPLINARY ACTION AGAINST A CERTIFICATE    1,844        

HOLDER PURSUANT TO SECTION 4731.22 OF THE REVISED CODE ON          1,845        

RECEIVING PROOF SATISFACTORY TO THE BOARD THAT THE CERTIFICATE     1,846        

HOLDER HAS ENGAGED IN PRACTICE IN THIS STATE OUTSIDE THE SCOPE OF  1,847        

                                                          41     


                                                                 
THE CERTIFICATE OR THAT THERE ARE GROUNDS FOR ACTION AGAINST THE   1,848        

HOLDER UNDER SECTION 4731.22 OF THE REVISED CODE.                               

      (E)  A TELEMEDICINE CERTIFICATE SHALL BE VALID FOR A PERIOD  1,850        

SPECIFIED BY THE BOARD, AND THE INITIAL RENEWAL SHALL BE IN        1,851        

ACCORDANCE WITH A SCHEDULE ESTABLISHED BY THE BOARD.  THEREAFTER,  1,852        

THE CERTIFICATE SHALL BE VALID FOR TWO YEARS.  A CERTIFICATE MAY   1,853        

BE RENEWED ON APPLICATION OF THE HOLDER.                                        

      TO BE ELIGIBLE FOR RENEWAL, THE HOLDER OF THE CERTIFICATE    1,855        

SHALL DO BOTH OF THE FOLLOWING:                                    1,856        

      (1)  PAY A FEE IN THE AMOUNT OF THE FEE DESCRIBED IN         1,858        

DIVISION (B)(1) OF SECTION 4731.281 OF THE REVISED CODE;           1,859        

      (2)  CERTIFY TO THE BOARD COMPLIANCE WITH THE CONTINUING     1,861        

MEDICAL EDUCATION REQUIREMENTS OF THE STATE IN WHICH THE HOLDER'S  1,862        

PRINCIPAL PLACE OF PRACTICE IS LOCATED.                            1,863        

      THE BOARD MAY REQUIRE A RANDOM SAMPLE OF PERSONS HOLDING A   1,865        

TELEMEDICINE CERTIFICATE TO SUBMIT MATERIALS DOCUMENTING           1,866        

COMPLETION OF THE CONTINUING MEDICAL EDUCATION REQUIREMENTS        1,867        

DESCRIBED IN THIS DIVISION.                                                     

      (F)  THE BOARD SHALL CONVERT A TELEMEDICINE CERTIFICATE TO   1,869        

A CERTIFICATE ISSUED UNDER SECTION 4731.29 OF THE REVISED CODE ON  1,870        

RECEIPT OF A WRITTEN REQUEST FROM THE CERTIFICATE HOLDER.  ONCE    1,871        

THE TELEMEDICINE CERTIFICATE IS CONVERTED, THE HOLDER IS SUBJECT   1,872        

TO ALL REQUIREMENTS AND PRIVILEGES ATTENDANT TO A CERTIFICATE      1,873        

ISSUED UNDER SECTION 4731.29 OF THE REVISED CODE, INCLUDING                     

CONTINUING MEDICAL EDUCATION REQUIREMENTS.                         1,874        

      Sec. 4731.31.  (A)  As used in this section:                 1,884        

      (1)  "Rural hospital" means a hospital agency, as defined    1,886        

in section 140.01 of the Revised Code, that meets all of the       1,888        

following criteria:                                                1,889        

      (a)  Is in compliance with section 3727.02 of the Revised    1,892        

Code and the registration requirement of division (A) of section   1,894        

3701.07 of the Revised Code;                                       1,896        

      (b)  Is located in a county that has a population of less    1,899        

than one hundred twenty-five thousand.                                          

                                                          42     


                                                                 
      (2)  "Physician" means an individual authorized under        1,901        

Chapter 4731. of the Revised Code to practice medicine and         1,903        

surgery, osteopathic medicine and surgery, or podiatry PODIATRIC   1,904        

MEDICINE AND SURGERY.                                                           

      (B)  Subject to division (C) of this section, a rural        1,907        

hospital or a health care facility that is owned or operated by a  1,908        

rural hospital may employ a physician.  A hospital or facility     1,909        

that employs a physician in accordance with this section is not    1,910        

engaged in the practice of medicine and surgery, osteopathic       1,911        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY   1,912        

in violation of section 4731.41, 4731.43, or 4731.60 of the        1,913        

Revised Code.                                                                   

      (C)  No rural hospital or health care facility owned or      1,916        

operated by a rural hospital shall do either of the following:     1,917        

      (1)  Control the professional clinical judgment exercised    1,919        

within accepted and prevailing standards of practice of a          1,921        

physician employed pursuant to this section in rendering care,     1,922        

treatment, or professional advice to an individual patient;        1,923        

      (2)  Require that a physician be employed by the hospital    1,925        

or facility as a condition of granting the physician privileges    1,926        

to practice within the hospital or facility.                       1,927        

      Sec. 4731.34.  (A)  A person shall be regarded as            1,936        

practicing medicine AND SURGERY, OSTEOPATHIC MEDICINE AND          1,937        

surgery, or podiatry PODIATRIC MEDICINE AND SURGERY, within the    1,939        

meaning of this chapter, who uses DOES ANY OF THE FOLLOWING:       1,940        

      (1)  USES the words or letters, "Dr.," "Doctor,"             1,942        

"Professor," "M.D.," "D.S.C.," "Pod. D.," "M.B. PHYSICIAN,"        1,945        

"D.O.," "D.P.M.," or any other title in connection with the        1,947        

person's name that in any way THAT represents the person as        1,949        

engaged in the practice of medicine, AND surgery, OSTEOPATHIC      1,950        

MEDICINE AND SURGERY, or podiatry PODIATRIC MEDICINE AND SURGERY,  1,951        

in any of its branches, or who examines;                           1,952        

      (2)  ADVERTISES, SOLICITS, OR REPRESENTS IN ANY WAY THAT     1,955        

THE PERSON IS PRACTICING MEDICINE AND SURGERY, OSTEOPATHIC                      

                                                          43     


                                                                 
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY, IN ANY    1,956        

OF ITS BRANCHES;                                                   1,957        

      (3)  IN PERSON OR, REGARDLESS OF THE PERSON'S LOCATION,      1,959        

THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR  1,961        

ELECTRONIC COMMUNICATION, DOES ANY OF THE FOLLOWING:               1,962        

      (a)  EXAMINES or diagnoses for compensation of any kind, or  1,964        

prescribes DIRECT OR INDIRECT;                                     1,965        

      (b)  PRESCRIBES, advises, recommends, administers, or        1,967        

dispenses for compensation of any kind, direct or indirect, a      1,968        

drug or medicine, appliance, mold or cast, application,            1,969        

operation, or treatment, of whatever nature, for the cure or       1,970        

relief of a wound, fracture or bodily injury, infirmity, or        1,971        

disease, provided that the.                                        1,972        

      (B)  THE treatment of human ills through prayer alone by a   1,976        

practitioner of the Christian Science church, in accordance with   1,977        

the tenets and creed of such church, shall not be regarded as the  1,978        

practice of medicine; and, provided further that sanitary and      1,979        

public health laws shall be complied with, no practices shall be   1,980        

used that may be dangerous or detrimental to life or health, and   1,981        

no person shall be denied the benefits of accepted medical and     1,983        

surgical practices.                                                             

      (C)  The use of any such words, letters, or titles in any    1,986        

connection or under any circumstances as to induce the belief                   

that the person who uses them is engaged in the practice of        1,987        

medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND surgery, or        1,988        

podiatry PODIATRIC MEDICINE AND SURGERY, IN ANY OF ITS BRANCHES,   1,990        

is prima-facie evidence of the intent of such person to represent  1,991        

the person as engaged in the practice of medicine, AND SURGERY,    1,992        

OSTEOPATHIC MEDICINE AND surgery, or podiatry PODIATRIC MEDICINE   1,993        

AND SURGERY, IN ANY OF ITS BRANCHES.                               1,995        

      Sec. 4731.341.  (A)  The practice of medicine in all of its  2,005        

branches or the treatment of human ailments without the use of     2,007        

drugs or medicines and without operative surgery by any person     2,008        

not at that time holding a valid and current certificate as        2,011        

                                                          44     


                                                                 
provided by Chapter 4723., 4725., or 4731. of the Revised Code is  2,012        

hereby declared to be inimical to the public welfare and to        2,013        

constitute a public nuisance.  The                                              

      (B)  THE attorney general, the prosecuting attorney of any   2,016        

county in which the offense was committed or the offender          2,017        

resides, the state medical board, or any other person having       2,018        

knowledge of a person engaged WHO either directly or by            2,019        

complicity IS in the practice of medicine without having first     2,021        

obtained a certificate to do so pursuant to such chapters          2,022        

VIOLATION OF DIVISION (A) OF THIS SECTION, may on or after         2,023        

January 1, 1969, in accord with provisions of the Revised Code     2,024        

governing injunctions, maintain an action in the name of the       2,025        

state to enjoin any person from engaging either directly or by     2,026        

complicity in the unlawful practice of medicine in all of its      2,028        

branches, or the treatment of human ailments without the use of    2,029        

drugs or medicines and without operative surgery, ACTIVITY by      2,030        

applying for an injunction in THE FRANKLIN COUNTY COURT OF COMMON  2,031        

PLEAS OR any OTHER court of competent jurisdiction.                2,034        

      Prior to application for such injunction, the secretary of   2,036        

the state medical board shall notify the person allegedly engaged  2,037        

either directly or by complicity in the unlawful practice of       2,038        

medicine or any of its branches ACTIVITY by registered mail that   2,040        

the secretary has received information indicating that this        2,041        

person is so engaged.  Said person shall answer the secretary      2,042        

within thirty days showing that the person is either properly      2,044        

licensed for the stated activity or that the person is not in      2,045        

violation of Chapter 4723. or 4731. of the Revised Code.  If the   2,047        

answer is not forthcoming within thirty days after notice by the   2,048        

secretary, the secretary shall request that the attorney general,  2,049        

the prosecuting attorney of the county in which the offense was    2,050        

committed or the offender resides, or the state medical board      2,051        

proceed as authorized in this section.                             2,052        

      Upon the filing of a verified petition in court, the court   2,054        

shall conduct a hearing on the petition and shall give the same    2,055        

                                                          45     


                                                                 
preference to this proceeding as is given all proceedings under    2,056        

Chapter 119. of the Revised Code, irrespective of the position of  2,059        

the proceeding on the calendar of the court.                                    

      Such injunction proceedings shall be in addition to, and     2,061        

not in lieu of, all penalties and other remedies provided in       2,062        

Chapters 4723. and 4731. of the Revised Code.                      2,063        

      Sec. 4731.35.  (A)  Sections 4731.01 to 4731.47 of the       2,072        

Revised Code shall THIS CHAPTER DOES not apply to or prohibit in   2,074        

any way the administration of an anesthetic ANESTHESIA by a        2,077        

certified registered nurse anesthetist under the direction of and  2,078        

in the immediate presence of a licensed physician AN INDIVIDUAL    2,080        

AUTHORIZED BY THIS CHAPTER TO PRACTICE MEDICINE AND SURGERY,       2,081        

OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND        2,082        

SURGERY.                                                                        

      (B)  This chapter does not prohibit an individual from       2,084        

practicing as an anesthesiologist assistant in accordance with     2,085        

Chapter 4760. of the Revised Code.                                 2,086        

      Sec. 4731.36.  (A)  Sections 4731.01 to 4731.47 of the       2,095        

Revised Code shall not prohibit service in case of emergency, or   2,096        

domestic administration of family remedies, OR PROVISION OF        2,097        

ASSISTANCE TO ANOTHER INDIVIDUAL WHO IS SELF-ADMINISTERING DRUGS.  2,098        

Such sections                                                      2,099        

      SECTIONS 4731.01 TO 4731.47 OF THE REVISED CODE shall not    2,102        

apply to a ANY OF THE FOLLOWING:                                                

      (1)  A commissioned medical officer of the United States     2,104        

army, navy, or marine hospital service ARMED FORCES, AS DEFINED    2,105        

IN SECTION 5903.11 OF THE REVISED CODE, OR AN EMPLOYEE OF THE      2,106        

VETERANS ADMINISTRATION OF THE UNITED STATES OR THE UNITED STATES  2,107        

PUBLIC HEALTH SERVICE in the discharge of the officer's OR         2,109        

EMPLOYEE'S professional duties, or to a regularly qualified;       2,110        

      (2)  A dentist AUTHORIZED UNDER CHAPTER 4715. OF THE         2,112        

REVISED CODE TO PRACTICE DENTISTRY when engaged exclusively in     2,113        

the practice of dentistry, or when administering anaesthetics, or  2,115        

to a ANESTHETICS IN THE PRACTICE OF DENTISTRY;                     2,116        

                                                          46     


                                                                 
      (3)  A physician or surgeon residing in another state or     2,119        

territory who is a legal practitioner of medicine or surgery       2,120        

therein, when in PROVIDING consultation with a regular             2,121        

practitioner of this state; nor shall such sections apply to a AN  2,123        

INDIVIDUAL HOLDING A CERTIFICATE TO PRACTICE ISSUED UNDER THIS     2,124        

CHAPTER WHO IS RESPONSIBLE FOR THE EXAMINATION, DIAGNOSIS, AND     2,125        

TREATMENT OF THE PATIENT WHO IS THE SUBJECT OF THE CONSULTATION,   2,126        

IF ONE OF THE FOLLOWING APPLIES:                                                

      (a)  THE PHYSICIAN OR SURGEON DOES NOT PROVIDE CONSULTATION  2,128        

IN THIS STATE ON A REGULAR OR FREQUENT BASIS.                      2,130        

      (b)  THE PHYSICIAN OR SURGEON PROVIDES THE CONSULTATION      2,132        

WITHOUT COMPENSATION OF ANY KIND, DIRECT OR INDIRECT, FOR THE      2,133        

CONSULTATION.                                                                   

      (c)  THE CONSULTATION IS PART OF THE CURRICULUM OF A         2,135        

MEDICAL SCHOOL OR OSTEOPATHIC MEDICAL SCHOOL OF THIS STATE OR A    2,136        

PROGRAM DESCRIBED IN DIVISION (A)(2) OF SECTION 4731.291 OF THE    2,137        

REVISED CODE.                                                                   

      (4)  A PHYSICIAN OR SURGEON IN ANOTHER STATE OR TERRITORY    2,139        

WHO IS A LEGAL PRACTITIONER OF MEDICINE OR SURGERY THEREIN AND     2,140        

PROVIDED SERVICES TO A PATIENT IN THAT STATE OR TERRITORY, WHEN    2,141        

PROVIDING, NOT LATER THAN ONE YEAR AFTER THE LAST DATE SERVICES    2,142        

WERE PROVIDED IN ANOTHER STATE OR TERRITORY, FOLLOW-UP SERVICES    2,143        

IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, INCLUDING       2,144        

ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, IN THIS STATE TO THE   2,145        

PATIENT FOR THE SAME CONDITION;                                    2,146        

      (5)  A physician or surgeon residing on the border of a      2,148        

neighboring CONTIGUOUS state and authorized under the laws         2,149        

thereof to practice medicine and surgery therein, whose practice   2,151        

extends within the limits of this state; provided equal rights     2,152        

and privileges are accorded by such neighboring state to the       2,153        

physicians and surgeons residing on the border of this state       2,154        

contiguous to such neighboring state.  Such practitioner shall     2,155        

not EITHER IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION,      2,156        

INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, open an      2,157        

                                                          47     


                                                                 
office or appoint a place to see patients or receive calls within  2,158        

the limits of this state.                                                       

      (B)(6)  A BOARD, COMMITTEE, OR CORPORATION ENGAGED IN THE    2,160        

CONDUCT DESCRIBED IN DIVISION (A) OF SECTION 2305.25 OF THE        2,162        

REVISED CODE WHEN ACTING WITHIN THE SCOPE OF THE FUNCTIONS OF THE  2,163        

BOARD, COMMITTEE, OR CORPORATION;                                               

      (7)  THE CONDUCT OF AN INDEPENDENT REVIEW ORGANIZATION       2,165        

ACCREDITED BY THE SUPERINTENDENT OF INSURANCE UNDER SECTION        2,166        

3901.80 OF THE REVISED CODE FOR THE PURPOSE OF EXTERNAL REVIEWS    2,167        

CONDUCTED UNDER SECTIONS 1751.84, 1751.85, 3923.67, 3923.68,       2,168        

3923.76, AND 3923.77 OF THE REVISED CODE.                          2,169        

      (B)  Sections 4731.51 to 4731.61 of the Revised Code do not  2,171        

apply to any graduate of a podiatric school or college while       2,172        

performing those acts that may be prescribed by or incidental to   2,173        

participation in an accredited podiatric internship, residency,    2,174        

or fellowship program situated in this state approved by the       2,175        

state medical board.                                               2,176        

      (C)  This chapter does not apply to an acupuncturist who     2,178        

complies with Chapter 4762. of the Revised Code.                   2,179        

      (D)  THIS CHAPTER DOES NOT PROHIBIT THE ADMINISTRATION OF    2,182        

DRUGS BY ANY OF THE FOLLOWING:                                                  

      (1)  AN INDIVIDUAL WHO IS LICENSED OR OTHERWISE              2,184        

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ADMINISTER DRUGS;   2,185        

      (2)  AN INDIVIDUAL WHO IS NOT LICENSED OR OTHERWISE          2,187        

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ADMINISTER DRUGS,   2,188        

BUT IS ACTING PURSUANT TO THE RULES FOR DELEGATION OF MEDICAL      2,190        

TASKS ADOPTED UNDER SECTION 4731.053 OF THE REVISED CODE;          2,191        

      (3)  AN INDIVIDUAL SPECIFICALLY AUTHORIZED TO ADMINISTER     2,193        

DRUGS PURSUANT TO A RULE ADOPTED UNDER THE REVISED CODE THAT IS    2,194        

IN EFFECT ON THE EFFECTIVE DATE OF THIS AMENDMENT, AS LONG AS THE  2,195        

RULE REMAINS IN EFFECT, SPECIFICALLY AUTHORIZING AN INDIVIDUAL TO  2,196        

ADMINISTER DRUGS.                                                               

      (E)  THE EXEMPTIONS DESCRIBED IN DIVISIONS (A)(3), (4), AND  2,199        

(5) OF THIS SECTION DO NOT APPLY TO A PHYSICIAN OR SURGEON WHOSE   2,200        

                                                          48     


                                                                 
CERTIFICATE TO PRACTICE ISSUED UNDER THIS CHAPTER IS UNDER         2,201        

SUSPENSION OR HAS BEEN REVOKED OR PERMANENTLY REVOKED BY ACTION    2,202        

OF THE STATE MEDICAL BOARD.                                                     

      Sec. 4731.51.  The practice of podiatry PODIATRIC MEDICINE   2,211        

AND SURGERY consists of the medical, mechanical, and surgical      2,213        

treatment of ailments of the foot, the muscles and tendons of the               

leg governing the functions of the foot; and superficial lesions   2,214        

of the hand other than those associated with trauma.  Podiatrists  2,215        

are permitted the use of such preparations, medicines, and drugs   2,216        

as may be necessary for the treatment of such ailments.  The       2,217        

podiatrist may treat the local manifestations of systemic          2,218        

diseases as they appear in the hand and foot, but the patient                   

shall be concurrently referred to a doctor of medicine or a        2,220        

doctor of osteopathic medicine and surgery for the treatment of    2,221        

the systemic disease itself.  General anaesthetics may be used     2,223        

under this section only in colleges of podiatry PODIATRIC          2,225        

MEDICINE AND SURGERY approved by the medical board pursuant to     2,226        

section 4731.53 of the Revised Code and in hospitals approved by   2,228        

the joint commission on the accreditation of hospitals, or the     2,229        

American osteopathic association.  The use of x-ray or radium for  2,231        

therapeutic purposes is not permitted.                                          

      Sec. 4731.52.  Each person who desires to practice podiatry  2,241        

PODIATRIC MEDICINE AND SURGERY and is not now authorized to do so  2,243        

shall file with the secretary of the state medical board a                      

written application, under oath, on a form prescribed by the       2,244        

board and furnish satisfactory proof that he THE APPLICANT is      2,245        

more than eighteen years of age and of good moral character.       2,248        

      Sec. 4731.53.  At the time an applicant files an             2,259        

application, the applicant shall file with the secretary of the                 

state medical board evidence of preliminary education showing      2,260        

that the applicant has satisfactorily completed at least two       2,261        

years of collegiate work in an approved college of arts and        2,263        

sciences in addition to high school graduation.  When the          2,264        

entrance examiner finds the preliminary education of the           2,265        

                                                          49     


                                                                 
applicant sufficient, the entrance examiner shall issue a          2,267        

certificate of preliminary examination upon the payment to the                  

treasurer of the board of a fee of thirty-five dollars.  Such      2,269        

certificate shall be attested by the secretary.                    2,270        

      The applicant shall also present a diploma from a college    2,272        

of podiatry PODIATRIC MEDICINE AND SURGERY in good standing as     2,273        

defined by the board at the time the diploma was issued.  The      2,275        

applicant shall present an affidavit that the applicant is the     2,276        

person named in the diploma and is the lawful possessor thereof    2,277        

stating the applicant's age, residence, the school at which the    2,278        

applicant obtained education in podiatry PODIATRIC MEDICINE AND    2,279        

SURGERY, the time spent in the study of podiatry PODIATRIC         2,280        

MEDICINE AND SURGERY, and such other facts as the board may        2,281        

require.                                                                        

      Sec. 4731.55.  The examinations of applicants for            2,291        

certificates to practice podiatry PODIATRIC MEDICINE AND SURGERY   2,293        

shall be conducted under rules prescribed by the state medical     2,295        

board.  An applicant who holds the degree of doctor of podiatric   2,296        

medicine shall be examined in subjects pertinent to current        2,297        

podiatric educational standards.                                   2,298        

      Sec. 4731.56.  The state medical board shall issue its       2,308        

certificate to practice podiatry PODIATRIC MEDICINE AND SURGERY    2,309        

to each applicant who passes the examination conducted under       2,310        

section 4731.55 of the Revised Code and has paid the treasurer of  2,311        

the state medical board a certificate issuance fee of three        2,312        

hundred dollars.  Each certificate shall be signed by the board's  2,314        

president and secretary and attested by its seal.  An affirmative  2,315        

vote of not less than six members of the state medical board is    2,316        

required for issuance of a certificate.                                         

      A certificate authorizing the practice of podiatry           2,318        

PODIATRIC MEDICINE AND SURGERY permits the holder the use of the   2,321        

title "physician" or the use of the title "surgeon" when the                    

title is qualified by letters or words showing that the holder of  2,322        

the certificate is a practitioner of podiatry PODIATRIC MEDICINE   2,323        

                                                          50     


                                                                 
AND SURGERY.  The certificate shall be prominently displayed in    2,325        

the certificate holder's office or the place where a major         2,326        

portion of the certificate holder's practice is conducted.         2,327        

      Sec. 4731.57.  When a podiatrist licensed by the licensing   2,337        

authority of another state wishes to remove to this state to       2,339        

practice his THE PODIATRIST'S profession, the state medical board  2,341        

may, in its discretion, by an affirmative vote of not less than                 

six of its members, issue to him THE APPLICANT a certificate to    2,342        

practice podiatry PODIATRIC MEDICINE AND SURGERY without           2,343        

requiring the applicant to submit to examination, provided he THE  2,344        

APPLICANT meets the requirements for entrance set forth in         2,346        

section 4731.53 of the Revised Code and pays a fee of three        2,347        

hundred dollars.  Application shall be made on a form prescribed   2,348        

by the board.                                                                   

      Sec. 4731.571.  The state medical board may, upon an         2,358        

affirmative vote of not less than six members, issue a             2,359        

certificate to practice podiatry PODIATRIC MEDICINE AND SURGERY    2,360        

by endorsement to an applicant who has successfully passed the     2,361        

written examination of a recognized national certifying agency in  2,362        

podiatry PODIATRIC MEDICINE AND SURGERY; provided the written      2,363        

examination of the certifying agency was, in the opinion of the    2,364        

board, equivalent to its own examination, and provided further     2,365        

that the applicant satisfies in all other respects, the            2,366        

requirements for a license as set forth in sections 4731.51 to     2,368        

4731.60 of the Revised Code.  Such application to the board shall  2,370        

be accompanied by an application fee of three hundred dollars.                  

      Sec. 4731.572.  (A)  The state medical board may issue,      2,380        

without examination, a visiting podiatric faculty certificate to   2,381        

any person who holds a current, unrestricted license to practice   2,382        

podiatry PODIATRIC MEDICINE AND SURGERY issued by another state    2,383        

or country and has been appointed to serve in this state on the    2,385        

academic staff of an approved college of podiatry PODIATRIC        2,386        

MEDICINE AND SURGERY in good standing, as determined by the        2,388        

board.                                                                          

                                                          51     


                                                                 
      (B)  An applicant for a visiting podiatric faculty           2,390        

certificate shall submit evidence satisfactory to the board that   2,391        

he THE APPLICANT meets the requirements of division (A) of this    2,392        

section.  The applicant shall pay a fee of one hundred             2,394        

twenty-five dollars. The board shall maintain a register of all    2,395        

persons who hold a visiting podiatric faculty certificate.         2,396        

      (C)  The holder of a visiting podiatric faculty certificate  2,398        

may practice podiatry PODIATRIC MEDICINE AND SURGERY only as is    2,399        

incidental to his THE CERTIFICATE HOLDER'S teaching duties at the  2,402        

college or the teaching hospitals affiliated with the college.     2,403        

The board may revoke a certificate on receiving proof              2,404        

satisfactory to the board that the holder of the certificate has   2,405        

engaged in practice in this state outside the scope of the         2,406        

certificate or that there are grounds for action against him THE   2,407        

CERTIFICATE HOLDER under section 4731.22 of the Revised Code.      2,408        

      (D)  A visiting podiatric faculty certificate is valid for   2,410        

the shorter of one year or the duration of the holder's            2,411        

appointment to the academic staff of the college.  The             2,412        

certificate may not be renewed.                                    2,413        

      Sec. 4731.60.  No person shall practice podiatry PODIATRIC   2,423        

MEDICINE AND SURGERY without a certificate from the state medical  2,425        

board; no person shall advertise or announce himself as a          2,426        

practitioner of podiatry PODIATRIC MEDICINE AND SURGERY without a  2,428        

certificate from the board; no person shall open or conduct an     2,430        

office or other place for such practice without a certificate      2,431        

from the board; no person shall conduct an office in the name of                

some person who has a certificate to practice podiatry PODIATRIC   2,432        

MEDICINE AND SURGERY; and no person shall practice podiatry        2,434        

PODIATRIC MEDICINE AND SURGERY after a certificate has been        2,435        

revoked, or if suspended, during the time of such suspension.      2,437        

      A certificate signed by the secretary to which is affixed    2,439        

the official seal of the board to the effect that it appears from  2,440        

the records of the board that no such certificate to practice      2,441        

podiatry PODIATRIC MEDICINE AND SURGERY, in the state has been     2,442        

                                                          52     


                                                                 
issued to any such person specified therein, or that a             2,444        

certificate, if issued, has been revoked or suspended, shall be    2,446        

received as prima-facie evidence of the record of such board in    2,447        

any court or before any officer of this state.                                  

      Sec. 4731.66.  (A)  Except as provided in sections 4731.67   2,457        

and 4731.68 of the Revised Code, no holder of a certificate under  2,458        

this chapter to practice medicine and surgery, osteopathic         2,459        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY   2,460        

shall refer a patient to a person for a designated health service  2,463        

if the certificate holder, or a member of the certificate          2,464        

holder's immediate family, has either of the following financial   2,465        

relationships with the person:                                     2,466        

      (1)  An ownership or investment interest in the person       2,468        

whether through debt, equity, or other means;                      2,469        

      (2)  Any compensation arrangement involving any              2,471        

remuneration, directly or indirectly, overtly or covertly, in      2,472        

cash or in kind.                                                   2,473        

      (B)  No person to which a certificate holder has referred a  2,475        

patient in violation of division (A) of this section shall bill    2,476        

the patient, any third-party payer, any governmental health care   2,477        

program, or any other person or governmental entity for the        2,478        

designated health service rendered pursuant to the referral.       2,480        

      (C)  No person shall knowingly enter into an arrangement or  2,482        

scheme, including a cross-referral arrangement, that has a         2,483        

principal purpose of assuring referrals by a certificate holder    2,484        

to a particular person that, if the certificate holder directly    2,485        

made referrals to such person, would violate division (A) of this  2,486        

section.                                                           2,487        

      Sec. 4731.85.  The department of health shall establish a    2,497        

procedure to provide special recognition annually to one or more   2,498        

persons issued a certificate under this chapter to practice        2,499        

medicine and surgery, osteopathic medicine and surgery, or         2,500        

podiatry PODIATRIC MEDICINE AND SURGERY who volunteer medical      2,501        

services to medically underserved areas of this state or to        2,503        

                                                          53     


                                                                 
charitable shelters or clinics.  Any person may nominate a         2,504        

certificate holder for consideration by the department.  The       2,505        

department shall annually submit to newspapers of general                       

circulation and other publications selected by the department a    2,506        

request for nominations.  The request shall describe the required  2,507        

form and content of nominations and indicate a deadline for        2,508        

submitting nominations.                                                         

      The department may adopt criteria and guidelines for         2,510        

selecting nominees for recognition.  The department shall          2,511        

publicize the names, professional accomplishments, and service     2,512        

contributions of the certificate holders that it recognizes under  2,513        

this section.  The department may purchase recognition awards and  2,514        

take other actions to honor such volunteers.                       2,515        

      Sec. 4755.40.  As used in sections 4755.40 to 4755.56 and    2,525        

4755.99 of the Revised Code:                                                    

      (A)  "Physical therapy" means the evaluation and treatment   2,527        

of a person by physical measures and the use of therapeutic        2,528        

exercises and rehabilitative procedures, with or without           2,529        

assistive devices, for the purpose of preventing, correcting, or   2,530        

alleviating any disability.   If performed by a person who is      2,532        

adequately trained, physical therapy includes the design,          2,533        

fabrication, revision, education, and instruction in the use of    2,534        

various assistive devices including braces, splints, ambulatory    2,535        

or locomotion devices, wheelchairs, prosthetics, and orthotics.    2,536        

PHYSICAL THERAPY INCLUDES THE ADMINISTRATION OF TOPICAL DRUGS      2,537        

THAT HAVE BEEN PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL                     

AUTHORIZED TO PRESCRIBE DRUGS, AS DEFINED IN SECTION 4729.01 OF    2,539        

THE REVISED CODE.  Physical therapy also includes the              2,540        

establishment and modification of physical therapy programs,       2,541        

treatment planning, instruction, and consultative services.        2,542        

Physical measures include massage, heat, cold, air, light, water,  2,543        

electricity, sound, and the performance of tests of neuromuscular  2,544        

function as an aid to such treatment.  Physical therapy does not   2,545        

include the diagnosis of a patient's disability, the use of        2,546        

                                                          54     


                                                                 
Roentgen rays or radium for diagnostic or therapeutic purposes,    2,547        

or the use of electricity for cauterization or other surgical      2,548        

purposes.  Physical therapy includes physiotherapy.                2,549        

      (B)  "Physical therapist" means a person who practices or    2,551        

teaches physical therapy and includes physiotherapist.             2,552        

      (C)  "Physical therapist assistant" means a person who       2,554        

assists in the provision of physical therapy treatments under the  2,555        

supervision of a physical therapist, or teaches physical therapy   2,556        

under the supervision of a physical therapist, and includes        2,557        

physical therapy assistant.                                        2,558        

      (D)  "Supervision" means the availability and                2,560        

responsibility of the supervisor for direction of the actions of   2,561        

the person supervised.                                             2,562        

      Sec. 4755.60.  As used in sections 4755.60 to 4755.65 and    2,571        

4755.99 of the Revised Code:                                       2,572        

      (A)  "Athletic training" means the practice of prevention,   2,574        

recognition, and assessment of an athletic injury and the          2,575        

complete management, treatment, disposition, and reconditioning    2,577        

of acute athletic injuries upon the referral of an individual                   

authorized under Chapter 4731. of the Revised Code to practice     2,580        

medicine and surgery, osteopathic medicine and surgery, or                      

podiatry, a dentist licensed under Chapter 4715. of the Revised    2,581        

Code, a physical therapist licensed under this chapter, or a       2,582        

chiropractor licensed under Chapter 4734. of the Revised Code.     2,583        

ATHLETIC TRAINING INCLUDES THE ADMINISTRATION OF TOPICAL DRUGS     2,584        

THAT HAVE BEEN PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL        2,585        

AUTHORIZED TO PRESCRIBE DRUGS, AS DEFINED IN SECTION 4729.01 OF    2,586        

THE REVISED CODE.  Athletic training also includes the             2,587        

organization and administration of educational programs and        2,588        

athletic facilities, and the education of and consulting with the  2,589        

public as it pertains to athletic training.                        2,590        

      (B)  "Athletic trainer" means a person who meets the         2,592        

qualifications of this chapter for licensure and who is employed   2,593        

by an educational institution, professional or amateur             2,594        

                                                          55     


                                                                 
organization, athletic facility, or health care facility to        2,595        

practice athletic training.                                        2,596        

      (C)  "The national athletic trainers association, inc."      2,598        

means the national professional organization of athletic trainers  2,599        

that provides direction and leadership for quality athletic        2,600        

training practice, education, and research.                        2,601        

      (D)  "Athletic injury" means any injury sustained by an      2,603        

individual that affects the individual's participation or          2,604        

performance in sports, games, recreation, exercise, or other       2,605        

activity that requires physical strength, agility, flexibility,    2,606        

speed, stamina, or range of motion.                                             

      Section 2.  That existing sections 4725.09, 4725.26,         2,608        

4731.143, 4731.20, 4731.22, 4731.222, 4731.224, 4731.281,          2,610        

4731.29, 4731.31, 4731.294, 4731.31, 4731.34, 4731.341, 4731.35,   2,611        

4731.36, 4731.51, 4731.52, 4731.53, 4731.55, 4731.56, 4731.57,     2,613        

4731.571, 4731.572, 4731.60, 4731.66, 4731.85, 4755.40, and                     

4755.60 of the Revised Code are hereby repealed.                   2,614        

      Section 3.  The amendments made by this act to sections      2,616        

4731.281, 4731.29, 4731.294, 4731.34, 4731.341, and 4731.36 and    2,618        

enactment of section 4731.296 of the Revised Code are not          2,619        

intended to modify division (D) of section 1751.08 of the Revised  2,620        

Code or Ohio Attorney General Opinion 99-044.                                   

      Section 4.  Not later than August 31, 2001, the State        2,622        

Medical Board shall complete its initial adoption of rules under   2,623        

section 4731.053 of the Revised Code with respect to physician     2,624        

delegation of medical tasks to persons who are not licensed or     2,625        

otherwise specifically authorized by the Revised Code to perform   2,626        

medical tasks.                                                     2,627        

      Section 5.  Section 4731.22 of the Revised Code is           2,629        

presented in this act as a composite of the section as amended by  2,630        

both Sub. H.B. 448 and Am. Sub. S.B. 278 of the 123rd General      2,631        

Assembly, with the new language of neither of the acts shown in    2,632        

capital letters.  This is in recognition of the principle stated   2,633        

in division (B) of section 1.52 of the Revised Code that such      2,634        

                                                          56     


                                                                 
amendments are to be harmonized where not substantively            2,635        

irreconcilable and constitutes a legislative finding that such is  2,636        

the resulting version in effect prior to the effective date of     2,637        

this act.