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
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(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
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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.