As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 585  5            

      1999-2000                                                    6            


   REPRESENTATIVES VESPER-HOLLISTER-O'BRIEN-CLANCY-KRUPINSKI-      8            

   HARRIS-BARRETT-SMITH-ALLEN-BUEHRER-TERWILLEGER-SYKES-OLMAN-     9            

 TIBERI-OGG-GARDNER-METZGER-LOGAN-FLANNERY-PERRY-HOOPS-REDFERN-    10           

                  VERICH-SENATORS DRAKE-LATELL                     11           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 4725.09, 4725.26, 4731.143,         15           

                4731.20, 4731.22, 4731.222, 4731.224, 4731.281,    16           

                4731.29, 4731.294, 4731.31, 4731.34, 4731.341,                  

                4731.35, 4731.36, 4731.51, 4731.52, 4731.53,       17           

                4731.55, 4731.56, 4731.57, 4731.571, 4731.572,     18           

                4731.60, 4731.66, 4731.85, 4755.40, and 4755.60    19           

                and to enact sections 4731.053 and 4731.296 of     20           

                the Revised Code to specify that the practice of   21           

                medicine in this state includes certain                         

                activities performed in person or through the use  22           

                of any communication, including oral, written, or  23           

                electronic communication, to establish                          

                requirements for obtaining a telemedicine          24           

                certificate, to modify the exceptions to the law                

                governing physician licensure, to require the      25           

                adoption of rules regarding the authority of       26           

                physicians to delegate the performance of medical  27           

                tasks and the authority of optometrists to                      

                delegate the performance of optometric tasks, to   28           

                authorize physical therapists and athletic                      

                trainers to apply topical prescription drugs, and  29           

                to change references in statutes governing the     30           

                practice of medicine from "podiatry" to            31           

                "podiatric medicine and surgery".                               

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 4725.09, 4725.26, 4731.143,        35           

4731.20, 4731.22, 4731.222, 4731.224, 4731.281, 4731.29, 4731.31,  36           

4731.294, 4731.31, 4731.34, 4731.341, 4731.35, 4731.36, 4731.51,   38           

4731.52, 4731.53, 4731.55, 4731.56, 4731.57, 4731.571, 4731.572,   39           

4731.60, 4731.66, 4731.85, 4755.40, and 4755.60 of the Revised     40           

Code be amended and sections 4731.053 and 4731.296 of the Revised  41           

Code be enacted to read as follows:                                             

      Sec. 4725.09.  (A)  The state board of optometry shall       50           

adopt rules as it considers necessary to govern the practice of    51           

optometry and to administer and enforce sections 4725.01 to        52           

4725.34 of the Revised Code.  All rules adopted under sections     54           

4725.01 to 4725.34 of the Revised Code shall be adopted in         55           

accordance with Chapter 119. of the Revised Code.                  56           

      (B)  The board, in consultation with the state board of      58           

pharmacy, shall adopt rules specifying oral dosages of drugs or    59           

dangerous drugs that are therapeutic pharmaceutical agents under   60           

division (C)(3) of section 4725.01 of the Revised Code.            62           

      (C)  THE BOARD SHALL ADOPT RULES THAT ESTABLISH STANDARDS    64           

TO BE MET AND PROCEDURES TO BE FOLLOWED WITH RESPECT TO THE        65           

DELEGATION BY AN OPTOMETRIST OF THE PERFORMANCE OF AN OPTOMETRIC   66           

TASK TO A PERSON WHO IS NOT LICENSED OR OTHERWISE SPECIFICALLY     67           

AUTHORIZED BY THE REVISED CODE TO PERFORM THE TASK.  THE RULES     68           

SHALL PERMIT AN OPTOMETRIST WHO HOLDS A TOPICAL OCULAR             70           

PHARMACEUTICAL AGENTS CERTIFICATE OR THERAPEUTIC PHARMACEUTICAL    71           

AGENTS CERTIFICATE TO DELEGATE THE ADMINISTRATION OF DRUGS         72           

INCLUDED IN THE OPTOMETRIST'S SCOPE OF PRACTICE.                   73           

      THE RULES ADOPTED UNDER THIS DIVISION SHALL PROVIDE FOR ALL  75           

OF THE FOLLOWING:                                                  76           

      (1)  ON-SITE SUPERVISION WHEN THE DELEGATION OCCURS IN AN    78           

INSTITUTION OR OTHER FACILITY THAT IS USED PRIMARILY FOR THE       79           

PURPOSE OF PROVIDING HEALTH CARE, UNLESS THE BOARD ESTABLISHED A   80           

SPECIFIC EXCEPTION TO THE ON-SITE SUPERVISION REQUIREMENT WITH     81           

RESPECT TO ROUTINE ADMINISTRATION OF A TOPICAL DRUG;               82           

                                                          3      


                                                                 
      (2)  EVALUATION OF WHETHER DELEGATION IS APPROPRIATE         84           

ACCORDING TO THE ACUITY OF THE PATIENT INVOLVED;                   85           

      (3)  TRAINING AND COMPETENCY REQUIREMENTS THAT MUST BE MET   87           

BY THE PERSON ADMINISTERING THE DRUGS;                             88           

      (4)  OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS      90           

RELEVANT.                                                                       

      Sec. 4725.26.  Division (A) of section 4725.02 of the        100          

Revised Code does not apply to the following:                      102          

      (A)  Physicians authorized to practice medicine and surgery  105          

or osteopathic medicine and surgery under Chapter 4731. of the     106          

Revised Code;                                                                   

      (B)  Persons who sell optical accessories but do not assume  109          

to adapt them to the eye, and neither practice nor profess to      110          

practice optometry;                                                             

      (C)  An instructor in a school of optometry that is located  112          

in this state and approved by the state board of optometry under   114          

section 4725.10 of the Revised Code who holds a valid current      115          

license to practice optometry from a licensing body in another     117          

jurisdiction and limits the practice of optometry to the           118          

instruction of students enrolled in the school.                    120          

      (D)  A student at a school of optometry located in this      122          

state and approved by the board under section 4725.10 of the       123          

Revised Code while enrolled in an optometry training program and   125          

acting under the direct, personal supervision and control of an    126          

optometrist licensed by the board or authorized to practice        127          

pursuant to division (C) of this section.                          128          

      (E)  AN INDIVIDUAL WHO IS LICENSED OR OTHERWISE              130          

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ENGAGE IN AN        131          

ACTIVITY THAT IS INCLUDED IN THE PRACTICE OF OPTOMETRY.            132          

      (F)  AN INDIVIDUAL WHO IS NOT LICENSED OR OTHERWISE          134          

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ENGAGE IN AN        135          

ACTIVITY THAT IS INCLUDED IN THE PRACTICE OF OPTOMETRY, BUT IS     136          

ACTING PURSUANT TO THE RULES FOR DELEGATION OF OPTOMETRIC TASKS    137          

ADOPTED UNDER SECTION 4725.09 OF THE REVISED CODE.                              

                                                          4      


                                                                 
      Sec. 4731.053.  (A)  AS USED IN THIS SECTION, "PHYSICIAN"    140          

MEANS AN INDIVIDUAL AUTHORIZED BY THIS CHAPTER TO PRACTICE         141          

MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR         142          

PODIATRIC MEDICINE AND SURGERY.                                    143          

      (B)  THE STATE MEDICAL BOARD SHALL ADOPT RULES THAT          146          

ESTABLISH STANDARDS TO BE MET AND PROCEDURES TO BE FOLLOWED BY A   148          

PHYSICIAN WITH RESPECT TO THE PHYSICIAN'S DELEGATION OF THE        149          

PERFORMANCE OF A MEDICAL TASK TO A PERSON WHO IS NOT LICENSED OR   150          

OTHERWISE SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO PERFORM   153          

THE TASK.  THE RULES SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER   155          

119. OF THE REVISED CODE.                                          156          

      (C)  TO THE EXTENT THAT DELEGATION APPLIES TO THE            158          

ADMINISTRATION OF DRUGS, THE RULES ADOPTED UNDER THIS SECTION      159          

SHALL PROVIDE FOR ALL OF THE FOLLOWING:                            160          

      (1)  ON-SITE SUPERVISION WHEN THE DELEGATION OCCURS IN AN    163          

INSTITUTION OR OTHER FACILITY THAT IS USED PRIMARILY FOR THE       164          

PURPOSE OF PROVIDING HEALTH CARE, UNLESS THE BOARD ESTABLISHES A                

SPECIFIC EXCEPTION TO THE ON-SITE SUPERVISION REQUIREMENT WITH     165          

RESPECT TO ROUTINE ADMINISTRATION OF A TOPICAL DRUG, SUCH AS THE   166          

USE OF A MEDICATED SHAMPOO;                                        167          

      (2)  EVALUATION OF WHETHER DELEGATION IS APPROPRIATE         169          

ACCORDING TO THE ACUITY OF THE PATIENT INVOLVED;                   170          

      (3)  TRAINING AND COMPETENCY REQUIREMENTS THAT MUST BE MET   172          

BY THE PERSON ADMINISTERING THE DRUGS;                             173          

      (4)  OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS      175          

RELEVANT.                                                                       

      (D)  THE BOARD SHALL NOT ADOPT RULES THAT DO ANY OF THE      177          

FOLLOWING:                                                         178          

      (1)  AUTHORIZE A PHYSICIAN TO TRANSFER THE PHYSICIAN'S       180          

RESPONSIBILITY FOR SUPERVISING A PERSON WHO IS PERFORMING A        181          

DELEGATED MEDICAL TASK TO A HEALTH PROFESSIONAL OTHER THAN         182          

ANOTHER PHYSICIAN;                                                 183          

      (2)  AUTHORIZE AN INDIVIDUAL TO WHOM A MEDICAL TASK IS       185          

DELEGATED TO DELEGATE THE PERFORMANCE OF THAT TASK TO ANOTHER      186          

                                                          5      


                                                                 
INDIVIDUAL;                                                                     

      (3)  EXCEPT AS PROVIDED IN DIVISIONS (D)(4) TO (8) OF THIS   188          

SECTION, AUTHORIZE A PHYSICIAN TO DELEGATE THE ADMINISTRATION OF   189          

ANESTHESIA, CONTROLLED SUBSTANCES, DRUGS ADMINISTERED              190          

INTRAVENOUSLY, OR ANY OTHER DRUG OR CATEGORY OF DRUG THE BOARD     191          

CONSIDERS TO BE INAPPROPRIATE FOR DELEGATION;                                   

      (4)  PREVENT AN INDIVIDUAL FROM ENGAGING IN AN ACTIVITY      193          

PERFORMED FOR A HANDICAPPED CHILD AS A SERVICE NEEDED TO MEET THE  194          

EDUCATIONAL NEEDS OF THE CHILD, AS IDENTIFIED IN THE               195          

INDIVIDUALIZED EDUCATION PROGRAM DEVELOPED FOR THE CHILD UNDER     196          

CHAPTER 3323. OF THE REVISED CODE;                                 197          

      (5)  PREVENT DELEGATION FROM OCCURRING PURSUANT TO SECTION   199          

5126.356 OF THE REVISED CODE WITHIN THE PROGRAMS AND SERVICES      201          

OFFERED BY A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL  202          

DISABILITIES;                                                      203          

      (6)  CONFLICT WITH ANY PROVISION OF THE REVISED CODE THAT    205          

SPECIFICALLY AUTHORIZES AN INDIVIDUAL TO PERFORM A PARTICULAR      206          

TASK;                                                              207          

      (7)  CONFLICT WITH ANY RULE ADOPTED PURSUANT TO THE REVISED  209          

CODE THAT IS IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION, AS   210          

LONG AS THE RULE REMAINS IN EFFECT, SPECIFICALLY AUTHORIZING AN    211          

INDIVIDUAL TO PERFORM A PARTICULAR TASK;                           212          

      (8)  PROHIBIT A PERFUSIONIST FROM ADMINISTERING DRUGS        214          

INTRAVENOUSLY WHILE PRACTICING AS A PERFUSIONIST;                  215          

      (9)  AUTHORIZE A PHYSICIAN ASSISTANT, ANESTHESIOLOGIST       217          

ASSISTANT, OR ANY OTHER PROFESSIONAL REGULATED BY THE BOARD TO     218          

DELEGATE TASKS PURSUANT TO THIS SECTION.                           219          

      Sec. 4731.143.  (A)  Each person holding a valid             228          

certificate under this chapter authorizing the certificate holder  229          

to practice medicine and surgery, osteopathic medicine and         230          

surgery, or podiatry PODIATRIC MEDICINE AND SURGERY, who is not    231          

covered by medical malpractice insurance as defined in section     232          

3929.71 of the Revised Code, shall provide a patient with written  233          

notice of the certificate holder's lack of such insurance          234          

                                                          6      


                                                                 
coverage prior to providing nonemergency professional services to               

the patient.  The notice shall be provided alone on its own page.  235          

The notice shall provide space for the patient to acknowledge      236          

receipt of the notice, and shall be in the following form:         237          

      "N O T I C E:                                                239          

      Dr. ............... (here state the full name of the         241          

certificate holder) is not covered by medical malpractice          242          

insurance.                                                                      

      The undersigned acknowledges the receipt of this notice.     244          

..............................                                     246          

    (Patient's Signature)                                          247          

..............................                                     248          

           (Date)"                                                 249          

      The certificate holder shall obtain the patient's            252          

signature, acknowledging the patient's receipt of the notice,      253          

prior to providing nonemergency professional services to the       254          

patient.  The certificate holder shall maintain the signed notice  255          

in the patient's file.                                             256          

      (B)  This section does not apply to any officer or employee  258          

of the state, as those terms are defined in section 9.85 of the    259          

Revised Code, who is immune from civil liability under section     260          

9.86 of the Revised Code or is entitled to indemnification         261          

pursuant to section 9.87 of the Revised Code, to the extent that   262          

the person is acting within the scope of the person's employment   263          

or official responsibilities.                                                   

      This section does not apply to a person who complies with    265          

division (B)(2) of section 2305.234 of the Revised Code.           266          

      Sec. 4731.20.  The powers and duties conferred by this       276          

chapter on the state medical board, including all of the board's   278          

officers, for purposes of regulating the practices of medicine     279          

and surgery, osteopathic medicine and surgery, and podiatry        280          

PODIATRIC MEDICINE AND SURGERY, shall apply in the same manner,    282          

with any modifications the board considers necessary, for                       

purposes of regulating the practices of limited branches of        283          

                                                          7      


                                                                 
medicine, including the power of the board to take disciplinary    285          

actions under section 4731.22 of the Revised Code.                 286          

      Sec. 4731.22.  (A)  The state medical board, by an           298          

affirmative vote of not fewer than six of its members, may revoke  299          

or may refuse to grant a certificate to a person found by the      300          

board to have committed fraud during the administration of the     301          

examination for a certificate to practice or to have committed     303          

fraud, misrepresentation, or deception in applying for or          304          

securing any certificate to practice or certificate of                          

registration issued by the board.                                  305          

      (B)  The board, by an affirmative vote of not fewer than     308          

six members, shall, to the extent permitted by law, limit,         309          

revoke, or suspend an individual's certificate to practice,        311          

refuse to register an individual, refuse to reinstate a            312          

certificate, or reprimand or place on probation the holder of a    314          

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  316          

or certificate of registration to be used by a person, group, or   318          

corporation when the individual concerned is not actually          319          

directing the treatment given;                                     320          

      (2)  Failure to maintain minimal standards applicable to     323          

the selection or administration of drugs, or failure to employ     324          

acceptable scientific methods in the selection of drugs or other   325          

modalities for treatment of disease;                               326          

      (3)  Selling, giving away, personally furnishing,            328          

prescribing, or administering drugs for other than legal and       329          

legitimate therapeutic purposes or a plea of guilty to, a          330          

judicial finding of guilt of, or a judicial finding of             331          

eligibility for intervention in lieu of conviction of, a           333          

violation of any federal or state law regulating the possession,                

distribution, or use of any drug;                                  334          

      (4)  Willfully betraying a professional confidence.          336          

      For purposes of this division, "willfully betraying a        338          

professional confidence" does not include providing any            339          

                                                          8      


                                                                 
information, documents, or reports to a child fatality review      340          

board under sections 307.621 to 307.629 of the Revised Code and    341          

does not include the making of a report of an employee's use of a  342          

drug of abuse, or a report of a condition of an employee other     343          

than one involving the use of a drug of abuse, to the employer of  344          

the employee as described in division (B) of section 2305.33 of    345          

the Revised Code.  Nothing in this division affects the immunity   347          

from civil liability conferred by that section upon a physician    348          

who makes either type of report in accordance with division (B)    349          

of that section.  As used in this division, "employee,"            350          

"employer," and "physician" have the same meanings as in section   351          

2305.33 of the Revised Code.                                       352          

      (5)  Making a false, fraudulent, deceptive, or misleading    355          

statement in the solicitation of or advertising for patients; in   357          

relation to the practice of medicine and surgery, osteopathic      358          

medicine and surgery, podiatry PODIATRIC MEDICINE AND SURGERY, or  359          

a limited branch of medicine; or in securing or attempting to      361          

secure any certificate to practice or certificate of registration  362          

issued by the board.                                                            

      As used in this division, "false, fraudulent, deceptive, or  364          

misleading statement" means a statement that includes a            365          

misrepresentation of fact, is likely to mislead or deceive         366          

because of a failure to disclose material facts, is intended or    367          

is likely to create false or unjustified expectations of           368          

favorable results, or includes representations or implications     369          

that in reasonable probability will cause an ordinarily prudent    370          

person to misunderstand or be deceived.                            371          

      (6)  A departure from, or the failure to conform to,         373          

minimal standards of care of similar practitioners under the same  374          

or similar circumstances, whether or not actual injury to a        375          

patient is established;                                            376          

      (7)  Representing, with the purpose of obtaining             378          

compensation or other advantage as personal gain or for any other  380          

person, that an incurable disease or injury, or other incurable    381          

                                                          9      


                                                                 
condition, can be permanently cured;                               382          

      (8)  The obtaining of, or attempting to obtain, money or     384          

anything of value by fraudulent misrepresentations in the course   385          

of practice;                                                       386          

      (9)  A plea of guilty to, a judicial finding of guilt of,    389          

or a judicial finding of eligibility for intervention in lieu of   390          

conviction for, a felony;                                          391          

      (10)  Commission of an act that constitutes a felony in      393          

this state, regardless of the jurisdiction in which the act was    394          

committed;                                                         395          

      (11)  A plea of guilty to, a judicial finding of guilt of,   398          

or a judicial finding of eligibility for intervention in lieu of   399          

conviction for, a misdemeanor committed in the course of           400          

practice;                                                                       

      (12)  Commission of an act in the course of practice that    402          

constitutes a misdemeanor in this state, regardless of the         404          

jurisdiction in which the act was committed;                       405          

      (13)  A plea of guilty to, a judicial finding of guilt of,   408          

or a judicial finding of eligibility for intervention in lieu of   409          

conviction for, a misdemeanor involving moral turpitude;           410          

      (14)  Commission of an act involving moral turpitude that    412          

constitutes a misdemeanor in this state, regardless of the         414          

jurisdiction in which the act was committed;                       415          

      (15)  Violation of the conditions of limitation placed by    417          

the board upon a certificate to practice;                          418          

      (16)  Failure to pay license renewal fees specified in this  420          

chapter;                                                           421          

      (17)  Except as authorized in section 4731.31 of the         423          

Revised Code, engaging in the division of fees for referral of     425          

patients, or the receiving of a thing of value in return for a     426          

specific referral of a patient to utilize a particular service or  427          

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       429          

violation of any provision of a code of ethics of the American     431          

                                                          10     


                                                                 
medical association, the American osteopathic association, the     432          

American podiatric medical association, or any other national      433          

professional organizations that the board specifies by rule.  The  435          

state medical board shall obtain and keep on file current copies   436          

of the codes of ethics of the various national professional        437          

organizations.  The individual whose certificate is being          438          

suspended or revoked shall not be found to have violated any       440          

provision of a code of ethics of an organization not appropriate   441          

to the individual's profession.                                    442          

      For purposes of this division, a "provision of a code of     445          

ethics of a national professional organization" does not include   446          

any provision that would preclude the making of a report by a      447          

physician of an employee's use of a drug of abuse, or of a         448          

condition of an employee other than one involving the use of a     449          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   451          

this division affects the immunity from civil liability conferred  452          

by that section upon a physician who makes either type of report   453          

in accordance with division (B) of that section.  As used in this  454          

division, "employee," "employer," and "physician" have the same    455          

meanings as in section 2305.33 of the Revised Code.                456          

      (19)  Inability to practice according to acceptable and      458          

prevailing standards of care by reason of mental illness or        459          

physical illness, including, but not limited to, physical          460          

deterioration that adversely affects cognitive, motor, or          461          

perceptive skills.                                                 462          

      In enforcing this division, the board, upon a showing of a   465          

possible violation, may compel any individual authorized to        466          

practice by this chapter or who has submitted an application       468          

pursuant to this chapter to submit to a mental examination,        470          

physical examination, including an HIV test, or both a mental and  472          

a physical examination.  The expense of the examination is the     474          

responsibility of the individual compelled to be examined.         475          

Failure to submit to a mental or physical examination or consent   476          

                                                          11     


                                                                 
to an HIV test ordered by the board constitutes an admission of    477          

the allegations against the individual unless the failure is due   479          

to circumstances beyond the individual's control, and a default    480          

and final order may be entered without the taking of testimony or  481          

presentation of evidence.  If the board finds an individual        482          

unable to practice because of the reasons set forth in this        484          

division, the board shall require the individual to submit to      485          

care, counseling, or treatment by physicians approved or           486          

designated by the board, as a condition for initial, continued,    487          

reinstated, or renewed authority to practice.  An individual       489          

affected under this division shall be afforded an opportunity to   491          

demonstrate to the board the ability to resume practice in         492          

compliance with acceptable and prevailing standards under the      493          

provisions of the individual's certificate.  For the purpose of    495          

this division, any individual who applies for or receives a        496          

certificate to practice under this chapter accepts the privilege   497          

of practicing in this state and, by so doing, shall be deemed to   500          

have given consent to submit to a mental or physical examination   501          

when directed to do so in writing by the board, and to have        502          

waived all objections to the admissibility of testimony or         503          

examination reports that constitute a privileged communication.    504          

      (20)  Except when civil penalties are imposed under section  506          

4731.225 or 4731.281 of the Revised Code, and subject to section   507          

4731.226 of the Revised Code, violating or attempting to violate,  509          

directly or indirectly, or assisting in or abetting the violation  510          

of, or conspiring to violate, any provisions of this chapter or    511          

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     513          

violation of, assisting in or abetting the violation of, or a      514          

conspiracy to violate, any provision of this chapter or any rule   515          

adopted by the board that would preclude the making of a report    518          

by a physician of an employee's use of a drug of abuse, or of a    519          

condition of an employee other than one involving the use of a     520          

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   522          

this division affects the immunity from civil liability conferred  523          

by that section upon a physician who makes either type of report   524          

in accordance with division (B) of that section.  As used in this  525          

division, "employee," "employer," and "physician" have the same    526          

meanings as in section 2305.33 of the Revised Code.                527          

      (21)  The violation of any abortion rule adopted by the      529          

public health council pursuant to section 3701.341 of the Revised  530          

Code;                                                              531          

      (22)  Any of the following actions taken by the agency       533          

responsible for regulating the practice of medicine and surgery,   534          

osteopathic medicine and surgery, podiatry PODIATRIC MEDICINE AND  535          

SURGERY, or the limited branches of medicine in another            537          

jurisdiction, for any reason other than the nonpayment of fees:    538          

the limitation, revocation, or suspension of an individual's       539          

license to practice; acceptance of an individual's license         541          

surrender; denial of a license; refusal to renew or reinstate a    543          

license; imposition of probation; or issuance of an order of       544          

censure or other reprimand;                                                     

      (23)  The violation of section 2919.12 of the Revised Code   546          

or the performance or inducement of an abortion upon a pregnant    547          

woman with actual knowledge that the conditions specified in       548          

division (B) of section 2317.56 of the Revised Code have not been  549          

satisfied or with a heedless indifference as to whether those      550          

conditions have been satisfied, unless an affirmative defense as   551          

specified in division (H)(2) of that section would apply in a      552          

civil action authorized by division (H)(1) of that section;        553          

      (24)  The revocation, suspension, restriction, reduction,    555          

or termination of clinical privileges by the United States         557          

department of defense or department of veterans affairs or the     559          

termination or suspension of a certificate of registration to      560          

prescribe drugs by the drug enforcement administration of the      561          

United States department of justice;                               562          

      (25)  Termination or suspension from participation in the    564          

                                                          13     


                                                                 
medicare or medicaid programs by the department of health and      566          

human services or other responsible agency for any act or acts     567          

that also would constitute a violation of division (B)(2), (3),    568          

(6), (8), or (19) of this section;                                 569          

      (26)  Impairment of ability to practice according to         571          

acceptable and prevailing standards of care because of habitual    572          

or excessive use or abuse of drugs, alcohol, or other substances   573          

that impair ability to practice.                                   574          

      For the purposes of this division, any individual            576          

authorized to practice by this chapter accepts the privilege of    578          

practicing in this state subject to supervision by the board.  By  579          

filing an application for or holding a certificate to practice     582          

under this chapter, an individual shall be deemed to have given    584          

consent to submit to a mental or physical examination when         585          

ordered to do so by the board in writing, and to have waived all   586          

objections to the admissibility of testimony or examination        587          

reports that constitute privileged communications.                 588          

      If it has reason to believe that any individual authorized   590          

to practice by this chapter or any applicant for certification to  592          

practice suffers such impairment, the board may compel the         593          

individual to submit to a mental or physical examination, or       594          

both.  The expense of the examination is the responsibility of     596          

the individual compelled to be examined.  Any mental or physical   598          

examination required under this division shall be undertaken by a  599          

treatment provider or physician who is qualified to conduct the    600          

examination and who is chosen by the board.                        601          

      Failure to submit to a mental or physical examination        604          

ordered by the board constitutes an admission of the allegations   605          

against the individual unless the failure is due to circumstances  606          

beyond the individual's control, and a default and final order     607          

may be entered without the taking of testimony or presentation of  608          

evidence.  If the board determines that the individual's ability   609          

to practice is impaired, the board shall suspend the individual's  610          

certificate or deny the individual's application and shall         611          

                                                          14     


                                                                 
require the individual, as a condition for initial, continued,     612          

reinstated, or renewed certification to practice, to submit to     614          

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        616          

certificate suspended under this division, the impaired            618          

practitioner shall demonstrate to the board the ability to resume  620          

practice in compliance with acceptable and prevailing standards    621          

of care under the provisions of the practitioner's certificate.    622          

The demonstration shall include, but shall not be limited to, the  624          

following:                                                                      

      (a)  Certification from a treatment provider approved under  626          

section 4731.25 of the Revised Code that the individual has        628          

successfully completed any required inpatient treatment;           629          

      (b)  Evidence of continuing full compliance with an          631          

aftercare contract or consent agreement;                           632          

      (c)  Two written reports indicating that the individual's    634          

ability to practice has been assessed and that the individual has  635          

been found capable of practicing according to acceptable and       636          

prevailing standards of care.  The reports shall be made by        637          

individuals or providers approved by the board for making the      638          

assessments and shall describe the basis for their determination.  639          

      The board may reinstate a certificate suspended under this   642          

division after that demonstration and after the individual has     643          

entered into a written consent agreement.                          644          

      When the impaired practitioner resumes practice, the board   646          

shall require continued monitoring of the individual.  The         648          

monitoring shall include, but not be limited to, compliance with   650          

the written consent agreement entered into before reinstatement    651          

or with conditions imposed by board order after a hearing, and,    652          

upon termination of the consent agreement, submission to the       653          

board for at least two years of annual written progress reports    654          

made under penalty of perjury stating whether the individual has   655          

maintained sobriety.                                               656          

      (27)  A second or subsequent violation of section 4731.66    658          

                                                          15     


                                                                 
or 4731.69 of the Revised Code;                                    659          

      (28)  Except as provided in division (N) of this section:    661          

      (a)  Waiving the payment of all or any part of a deductible  664          

or copayment that a patient, pursuant to a health insurance or     665          

health care policy, contract, or plan that covers the              666          

individual's services, otherwise would be required to pay if the   668          

waiver is used as an enticement to a patient or group of patients  669          

to receive health care services from that individual;              670          

      (b)  Advertising that the individual will waive the payment  673          

of all or any part of a deductible or copayment that a patient,    674          

pursuant to a health insurance or health care policy, contract,    675          

or plan that covers the individual's services, otherwise would be  677          

required to pay.                                                   678          

      (29)  Failure to use universal blood and body fluid          680          

precautions established by rules adopted under section 4731.051    681          

of the Revised Code;                                               682          

      (30)  Failure of a collaborating physician to fulfill the    685          

responsibilities agreed to by the physician and an advanced        687          

practice nurse participating in a pilot program under section      688          

4723.52 of the Revised Code;                                                    

      (31)  Failure to provide notice to, and receive              690          

acknowledgment of the notice from, a patient when required by      692          

section 4731.143 of the Revised Code prior to providing            693          

nonemergency professional services, or failure to maintain that    694          

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         696          

assistant to maintain supervision in accordance with the           697          

requirements of Chapter 4730. of the Revised Code and the rules    698          

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to enter into a   700          

standard care arrangement with a clinical nurse specialist,        701          

certified nurse-midwife, or certified nurse practitioner with      702          

whom the physician or podiatrist is in collaboration pursuant to   703          

section 4731.27 of the Revised Code or failure to fulfill the      704          

                                                          16     


                                                                 
responsibilities of collaboration after entering into a standard   705          

care arrangement;                                                               

      (34)  Failure to comply with the terms of a consult          707          

agreement entered into with a pharmacist pursuant to section       708          

4729.39 of the Revised Code;                                       709          

      (35)  Failure to cooperate in an investigation conducted by  711          

the board under division (F) of this section, including failure    713          

to comply with a subpoena or order issued by the board or failure  714          

to answer truthfully a question presented by the board at a        715          

deposition or in written interrogatories, except that failure to   716          

cooperate with an investigation shall not constitute grounds for   717          

discipline under this section if a court of competent              718          

jurisdiction has issued an order that either quashes a subpoena    719          

or permits the individual to withhold the testimony or evidence    720          

in issue;                                                                       

      (36)  Failure to supervise an acupuncturist in accordance    722          

with Chapter 4762. of the Revised Code and the board's rules for   723          

supervision of an acupuncturist;                                   724          

      (37)  Failure to supervise an anesthesiologist assistant in  726          

accordance with Chapter 4760. of the Revised Code and the board's  727          

rules for supervision of an anesthesiologist assistant.            728          

      (C)  Disciplinary actions taken by the board under           730          

divisions (A) and (B) of this section shall be taken pursuant to   731          

an adjudication under Chapter 119. of the Revised Code, except     732          

that in lieu of an adjudication, the board may enter into a        733          

consent agreement with an individual to resolve an allegation of   734          

a violation of this chapter or any rule adopted under it.  A       735          

consent agreement, when ratified by an affirmative vote of not     736          

fewer than six members of the board, shall constitute the          737          

findings and order of the board with respect to the matter         738          

addressed in the agreement.  If the board refuses to ratify a      739          

consent agreement, the admissions and findings contained in the    740          

consent agreement shall be of no force or effect.                  741          

      (D)  For purposes of divisions (B)(10), (12), and (14) of    743          

                                                          17     


                                                                 
this section, the commission of the act may be established by a    744          

finding by the board, pursuant to an adjudication under Chapter    746          

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

The board does not have jurisdiction under those divisions if the  749          

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

and that judgment is based upon an adjudication on the merits.     752          

The board has jurisdiction under those divisions if the trial      753          

court issues an order of dismissal upon technical or procedural    754          

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    756          

have no effect upon a prior board order entered under this         757          

section or upon the board's jurisdiction to take action under      758          

this section if, based upon a plea of guilty, a judicial finding   760          

of guilt, or a judicial finding of eligibility for intervention    761          

in lieu of conviction, the board issued a notice of opportunity    762          

for a hearing prior to the court's order to seal the records.      763          

The board shall not be required to seal, destroy, redact, or       764          

otherwise modify its records to reflect the court's sealing of     765          

conviction records.                                                766          

      (F)(1)  The board shall investigate evidence that appears    768          

to show that a person has violated any provision of this chapter   770          

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  772          

appears to show a violation of any provision of this chapter or    773          

any rule adopted under it.  In the absence of bad faith, any       775          

person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  777          

of the Revised Code shall not be liable in damages in a civil      778          

action as a result of the report or testimony.  Each complaint or  780          

allegation of a violation received by the board shall be assigned  781          

a case number and shall be recorded by the board.                  782          

      (2)  Investigations of alleged violations of this chapter    784          

or any rule adopted under it shall be supervised by the            786          

supervising member elected by the board in accordance with         787          

                                                          18     


                                                                 
section 4731.02 of the Revised Code and by the secretary as        788          

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         790          

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         792          

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   795          

or any rule adopted under this chapter, the board may administer   797          

oaths, order the taking of depositions, issue subpoenas, and       798          

compel the attendance of witnesses and production of books,        799          

accounts, papers, records, documents, and testimony, except that   800          

a subpoena for patient record information shall not be issued      801          

without consultation with the attorney general's office and        802          

approval of the secretary and supervising member of the board.     804          

Before issuance of a subpoena for patient record information, the  805          

secretary and supervising member shall determine whether there is  808          

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    809          

the records sought are relevant to the alleged violation and       811          

material to the investigation.  The subpoena may apply only to     812          

records that cover a reasonable period of time surrounding the     813          

alleged violation.                                                 814          

      On failure to comply with any subpoena issued by the board   817          

and after reasonable notice to the person being subpoenaed, the    818          

board may move for an order compelling the production of persons   819          

or records pursuant to the Rules of Civil Procedure.               820          

      A subpoena issued by the board may be served by a sheriff,   822          

the sheriff's deputy, or a board employee designated by the        823          

board.  Service of a subpoena issued by the board may be made by   825          

delivering a copy of the subpoena to the person named therein,     826          

reading it to the person, or leaving it at the person's usual      827          

place of residence.  When the person being served is a person      828          

whose practice is authorized by this chapter, service of the       829          

subpoena may be made by certified mail, restricted delivery,       830          

                                                          19     


                                                                 
return receipt requested, and the subpoena shall be deemed served  831          

on the date delivery is made or the date the person refuses to     832          

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   834          

same fees as a sheriff.  Each witness who appears before the       836          

board in obedience to a subpoena shall receive the fees and        838          

mileage provided for witnesses in civil cases in the courts of     839          

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   841          

considered civil actions for the purposes of section 2305.251 of   842          

the Revised Code.                                                  843          

      (5)  Information received by the board pursuant to an        845          

investigation is confidential and not subject to discovery in any  846          

civil action.                                                      847          

      The board shall conduct all investigations and proceedings   849          

in a manner that protects the confidentiality of patients and      851          

persons who file complaints with the board.  The board shall not   853          

make public the names or any other identifying information about   854          

patients or complainants unless proper consent is given or, in     855          

the case of a patient, a waiver of the patient privilege exists    856          

under division (B) of section 2317.02 of the Revised Code, except  857          

that consent or a waiver of that nature is not required if the     858          

board possesses reliable and substantial evidence that no bona     860          

fide physician-patient relationship exists.                        861          

      The board may share any information it receives pursuant to  864          

an investigation, including patient records and patient record     865          

information, with law enforcement agencies, other licensing        867          

boards, and other governmental agencies that are prosecuting,      869          

adjudicating, or investigating alleged violations of statutes or   870          

administrative rules.  An agency or board that receives the        871          

information shall comply with the same requirements regarding      872          

confidentiality as those with which the state medical board must   873          

comply, notwithstanding any conflicting provision of the Revised   874          

Code or procedure of the agency or board that applies when it is   875          

                                                          20     


                                                                 
dealing with other information in its possession.  In a judicial   876          

proceeding, the information may be admitted into evidence only in  879          

accordance with the Rules of Evidence, but the court shall         880          

require that appropriate measures are taken to ensure that         881          

confidentiality is maintained with respect to any part of the      882          

information that contains names or other identifying information   883          

about patients or complainants whose confidentiality was           884          

protected by the state medical board when the information was in   885          

the board's possession.  Measures to ensure confidentiality that   886          

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

specific information from its records.                             888          

      (6)  On a quarterly basis, the board shall prepare a report  890          

that documents the disposition of all cases during the preceding   891          

three months.  The report shall contain the following information  892          

for each case with which the board has completed its activities:   893          

      (a)  The case number assigned to the complaint or alleged    895          

violation;                                                         896          

      (b)  The type of certificate to practice, if any, held by    899          

the individual against whom the complaint is directed;             900          

      (c)  A description of the allegations contained in the       902          

complaint;                                                         903          

      (d)  The disposition of the case.                            905          

      The report shall state how many cases are still pending and  908          

shall be prepared in a manner that protects the identity of each   910          

person involved in each case.  The report shall be a public        911          

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  913          

there is clear and convincing evidence that an individual has      915          

violated division (B) of this section and that the individual's    916          

continued practice presents a danger of immediate and serious      918          

harm to the public, they may recommend that the board suspend the  919          

individual's certificate to practice without a prior hearing.      921          

Written allegations shall be prepared for consideration by the                  

board.                                                             922          

                                                          21     


                                                                 
      The board, upon review of those allegations and by an        924          

affirmative vote of not fewer than six of its members, excluding   926          

the secretary and supervising member, may suspend a certificate    927          

without a prior hearing.  A telephone conference call may be       928          

utilized for reviewing the allegations and taking the vote on the  929          

summary suspension.                                                930          

      The board shall issue a written order of suspension by       932          

certified mail or in person in accordance with section 119.07 of   933          

the Revised Code.  The order shall not be subject to suspension    935          

by the court during pendency of any appeal filed under section     936          

119.12 of the Revised Code.  If the individual subject to the      938          

summary suspension requests an adjudicatory hearing by the board,  939          

the date set for the hearing shall be within fifteen days, but     940          

not earlier than seven days, after the individual requests the     942          

hearing, unless otherwise agreed to by both the board and the      943          

individual.                                                                     

      Any summary suspension imposed under this division shall     945          

remain in effect, unless reversed on appeal, until a final         946          

adjudicative order issued by the board pursuant to this section    947          

and Chapter 119. of the Revised Code becomes effective.  The       948          

board shall issue its final adjudicative order within sixty days   949          

after completion of its hearing.  A failure to issue the order     950          

within sixty days shall result in dissolution of the summary       951          

suspension order but shall not invalidate any subsequent, final    952          

adjudicative order.                                                953          

      (H)  If the board takes action under division (B)(9), (11),  956          

or (13) of this section and the judicial finding of guilt, guilty  957          

plea, or judicial finding of eligibility for intervention in lieu  958          

of conviction is overturned on appeal, upon exhaustion of the      961          

criminal appeal, a petition for reconsideration of the order may   962          

be filed with the board along with appropriate court documents.    963          

Upon receipt of a petition of that nature and supporting court     964          

documents, the board shall reinstate the individual's certificate  965          

to practice.  The board may then hold an adjudication under        966          

                                                          22     


                                                                 
Chapter 119. of the Revised Code to determine whether the          967          

individual committed the act in question.  Notice of an            969          

opportunity for a hearing shall be given in accordance with        970          

Chapter 119. of the Revised Code.  If the board finds, pursuant    971          

to an adjudication held under this division, that the individual   972          

committed the act or if no hearing is requested, the board may     974          

order any of the sanctions identified under division (B) of this   975          

section.                                                                        

      (I)  The certificate to practice issued to an individual     977          

under this chapter and the individual's practice in this state     979          

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      981          

subject to a judicial finding of eligibility for intervention in   982          

lieu of conviction in this state or treatment or intervention in   983          

lieu of conviction in another jurisdiction for any of the          985          

following criminal offenses in this state or a substantially       987          

equivalent criminal offense in another jurisdiction: aggravated                 

murder, murder, voluntary manslaughter, felonious assault,         989          

kidnapping, rape, sexual battery, gross sexual imposition,         990          

aggravated arson, aggravated robbery, or aggravated burglary.      991          

Continued practice after suspension shall be considered            992          

practicing without a certificate.                                  993          

      The board shall notify the individual subject to the         996          

suspension by certified mail or in person in accordance with       997          

section 119.07 of the Revised Code.  If an individual whose        998          

certificate is suspended under this division fails to make a       999          

timely request for an adjudication under Chapter 119. of the       1,000        

Revised Code, the board shall enter a final order permanently      1,001        

revoking the individual's certificate to practice.                 1,002        

      (J)  If the board is required by Chapter 119. of the         1,005        

Revised Code to give notice of an opportunity for a hearing and    1,006        

if the individual subject to the notice does not timely request a  1,007        

hearing in accordance with section 119.07 of the Revised Code,     1,009        

the board is not required to hold a hearing, but may adopt, by an  1,010        

                                                          23     


                                                                 
affirmative vote of not fewer than six of its members, a final     1,012        

order that contains the board's findings.  In that final order,    1,013        

the board may order any of the sanctions identified under          1,014        

division (A) or (B) of this section.                               1,015        

      (K)  Any action taken by the board under division (B) of     1,017        

this section resulting in a suspension from practice shall be      1,018        

accompanied by a written statement of the conditions under which   1,019        

the individual's certificate to practice may be reinstated.  The   1,021        

board shall adopt rules governing conditions to be imposed for     1,022        

reinstatement.  Reinstatement of a certificate suspended pursuant  1,023        

to division (B) of this section requires an affirmative vote of    1,024        

not fewer than six members of the board.                           1,025        

      (L)  When the board refuses to grant a certificate to an     1,028        

applicant, revokes an individual's certificate to practice,        1,030        

refuses to register an applicant, or refuses to reinstate an       1,031        

individual's certificate to practice, the board may specify that   1,032        

its action is permanent.  An individual subject to a permanent     1,033        

action taken by the board is forever thereafter ineligible to      1,034        

hold a certificate to practice and the board shall not accept an   1,035        

application for reinstatement of the certificate or for issuance   1,036        

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      1,038        

Code, all of the following apply:                                  1,039        

      (1)  The surrender of a certificate issued under this        1,041        

chapter shall not be effective unless or until accepted by the     1,043        

board.  Reinstatement of a certificate surrendered to the board    1,044        

requires an affirmative vote of not fewer than six members of the  1,045        

board.                                                                          

      (2)  An application for a certificate made under the         1,048        

provisions of this chapter may not be withdrawn without approval   1,050        

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      1,053        

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     1,055        

                                                          24     


                                                                 
under this section against the individual.                         1,056        

      (N)  Sanctions shall not be imposed under division (B)(28)   1,059        

of this section against any person who waives deductibles and      1,060        

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         1,062        

expressly allows such a practice.  Waiver of the deductibles or    1,063        

copayments shall be made only with the full knowledge and consent  1,064        

of the plan purchaser, payer, and third-party administrator.       1,065        

Documentation of the consent shall be made available to the board  1,066        

upon request.                                                                   

      (2)  For professional services rendered to any other person  1,068        

authorized to practice pursuant to this chapter, to the extent     1,070        

allowed by this chapter and rules adopted by the board.            1,071        

      (O)  Under the board's investigative duties described in     1,073        

this section and subject to division (F) of this section, the      1,075        

board shall develop and implement a quality intervention program   1,077        

designed to improve through remedial education the clinical and    1,079        

communication skills of individuals authorized under this chapter  1,080        

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry PODIATRIC MEDICINE AND SURGERY.  In          1,081        

developing and implementing the quality intervention program, the  1,082        

board may do all of the following:                                 1,083        

      (1)  Offer in appropriate cases as determined by the board   1,085        

an educational and assessment program pursuant to an               1,086        

investigation the board conducts under this section;               1,087        

      (2)  Select providers of educational and assessment          1,089        

services, including a quality intervention program panel of case   1,090        

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    1,093        

providers and approve individual educational programs recommended  1,094        

by those providers.  The board shall monitor the progress of each  1,095        

individual undertaking a recommended individual educational        1,096        

program.                                                           1,097        

      (4)  Determine what constitutes successful completion of an  1,099        

                                                          25     


                                                                 
individual educational program and require further monitoring of   1,100        

the individual who completed the program or other action that the  1,102        

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      1,104        

Revised Code to further implement the quality intervention         1,106        

program.                                                                        

      An individual who participates in an individual educational  1,109        

program pursuant to this division shall pay the financial          1,110        

obligations arising from that educational program.                 1,111        

      Sec. 4731.222.  Before restoring to good standing a          1,120        

certificate issued under this chapter that has been in a           1,121        

suspended or inactive state for any cause for more than two        1,122        

years, or before issuing a certificate pursuant to section         1,123        

4731.18, 4731.29, 4731.295, 4731.57, or 4731.571 of the Revised    1,125        

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

engaged in the practice of medicine, osteopathic medicine,         1,127        

podiatry PODIATRIC MEDICINE AND SURGERY, or a limited branch of    1,128        

medicine as an active practitioner, as a participant in a program  1,131        

of graduate medical education, as defined in section 4731.091 of   1,132        

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

determined by the board to be in good standing, or as a student    1,133        

in a school, college, or institution giving instruction in a       1,134        

limited branch of medicine determined by the board to be in good   1,135        

standing under section 4731.19 of the Revised Code, the state      1,137        

medical board may require the applicant to pass an oral or                      

written examination, or both, to determine the applicant's         1,138        

present fitness to resume practice.                                1,139        

      The authority of the board to impose terms and conditions    1,141        

includes the following:                                            1,142        

      (A)  Requiring the applicant to obtain additional training   1,144        

and to pass an examination upon completion of such training;       1,145        

      (B)  Restricting or limiting the extent, scope, or type of   1,147        

practice of the applicant.                                         1,148        

      The board shall consider the moral background and the        1,150        

                                                          26     


                                                                 
activities of the applicant during the period of suspension or     1,151        

inactivity, in accordance with section 4731.08 of the Revised      1,152        

Code.                                                              1,153        

      Sec. 4731.224.  (A)  Within sixty days after the imposition  1,163        

of any formal disciplinary action taken by any health care         1,164        

facility, including a hospital, health care facility operated by   1,165        

a health insuring corporation, ambulatory surgical center, or      1,166        

similar facility, against any individual holding a valid           1,168        

certificate to practice issued pursuant to this chapter, the       1,169        

chief administrator or executive officer of the facility shall     1,170        

report to the state medical board the name of the individual, the  1,172        

action taken by the facility, and a summary of the underlying      1,173        

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

be provided certified copies of the patient records that were the  1,175        

basis for the facility's action.  Prior to release to the board,   1,176        

the summary shall be approved by the peer review committee that    1,177        

reviewed the case or by the governing board of the facility.  As   1,179        

used in this division, "formal disciplinary action" means any      1,180        

action resulting in the revocation, restriction, reduction, or     1,182        

termination of clinical privileges for violations of professional  1,183        

ethics, or for reasons of medical incompetence, medical            1,184        

malpractice, or drug or alcohol abuse.  "Formal disciplinary       1,185        

action" includes a summary action, an action that takes effect     1,186        

notwithstanding any appeal rights that may exist, and an action    1,187        

that results in an individual surrendering clinical privileges     1,188        

while under investigation and during proceedings regarding the     1,189        

action being taken or in return for not being investigated or      1,190        

having proceedings held.  "Formal disciplinary action" does not    1,191        

include any action taken for the sole reason of failure to         1,193        

maintain records on a timely basis or failure to attend staff or   1,194        

section meetings.                                                               

      The filing or nonfiling of a report with the board,          1,196        

investigation by the board, or any disciplinary action taken by    1,197        

the board, shall not preclude any action by a health care          1,198        

                                                          27     


                                                                 
facility to suspend, restrict, or revoke the individual's          1,200        

clinical privileges.                                                            

      In the absence of fraud or bad faith, no individual or       1,202        

entity that provides patient records to the board shall be liable  1,203        

in damages to any person as a result of providing the records.     1,204        

      (B)  If any individual authorized to practice under this     1,207        

chapter or any professional association or society of such         1,208        

individuals believes that a violation of any provision of this     1,209        

chapter, Chapter 4730., 4760., or 4762. of the Revised Code, or    1,210        

any rule of the board has occurred, the individual, association,   1,213        

or society shall report to the board the information upon which    1,215        

the belief is based.  This division does not require any                        

treatment provider approved by the board under section 4731.25 of  1,216        

the Revised Code or any employee, agent, or representative of      1,217        

such a provider to make reports with respect to an impaired        1,218        

practitioner participating in treatment or aftercare for           1,219        

substance abuse as long as the practitioner maintains              1,221        

participation in accordance with the requirements of section       1,222        

4731.25 of the Revised Code, and as long as the treatment          1,223        

provider or employee, agent, or representative of the provider     1,224        

has no reason to believe that the practitioner has violated any    1,225        

provision of this chapter or any rule adopted under it, other      1,226        

than the provisions of division (B)(26) of section 4731.22 of the  1,228        

Revised Code.  This division does not require reporting by any     1,229        

member of an impaired practitioner committee established by a      1,230        

health care facility or by any representative or agent of a        1,231        

committee or program sponsored by a professional association or    1,232        

society of individuals authorized to practice under this chapter   1,233        

to provide peer assistance to practitioners with substance abuse   1,235        

problems with respect to a practitioner who has been referred for  1,236        

examination to a treatment program approved by the board under     1,237        

section 4731.25 of the Revised Code if the practitioner            1,238        

cooperates with the referral for examination and with any          1,239        

determination that the practitioner should enter treatment and as  1,241        

                                                          28     


                                                                 
long as the committee member, representative, or agent has no      1,242        

reason to believe that the practitioner has ceased to participate  1,243        

in the treatment program in accordance with section 4731.25 of     1,244        

the Revised Code or has violated any provision of this chapter or  1,245        

any rule adopted under it, other than the provisions of division   1,248        

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

      (C)  Any professional association or society composed        1,250        

primarily of doctors of medicine and surgery, doctors of           1,252        

osteopathic medicine and surgery, doctors of podiatry PODIATRIC    1,253        

MEDICINE AND SURGERY, or practitioners of limited branches of      1,255        

medicine that suspends or revokes an individual's membership for   1,256        

violations of professional ethics, or for reasons of professional  1,257        

incompetence or professional malpractice, within sixty days after  1,258        

a final decision shall report to the board, on forms prescribed    1,259        

and provided by the board, the name of the individual, the action  1,261        

taken by the professional organization, and a summary of the       1,262        

underlying facts leading to the action taken.                      1,263        

      The filing of a report with the board or decision not to     1,265        

file a report, investigation by the board, or any disciplinary     1,266        

action taken by the board, does not preclude a professional        1,267        

organization from taking disciplinary action against an            1,268        

individual.                                                                     

      (D)  Any insurer providing professional liability insurance  1,270        

to an individual authorized to practice under this chapter, or     1,272        

any other entity that seeks to indemnify the professional          1,273        

liability of such an individual, shall notify the board within     1,274        

thirty days after the final disposition of any written claim for   1,275        

damages where such disposition results in a payment exceeding      1,276        

twenty-five thousand dollars.  The notice shall contain the        1,277        

following information:                                             1,278        

      (1)  The name and address of the person submitting the       1,280        

notification;                                                      1,281        

      (2)  The name and address of the insured who is the subject  1,283        

of the claim;                                                      1,284        

                                                          29     


                                                                 
      (3)  The name of the person filing the written claim;        1,286        

      (4)  The date of final disposition;                          1,288        

      (5)  If applicable, the identity of the court in which the   1,290        

final disposition of the claim took place.                         1,291        

      (E)  The board may investigate possible violations of this   1,293        

chapter or the rules adopted under it that are brought to its      1,294        

attention as a result of the reporting requirements of this        1,297        

section, except that the board shall conduct an investigation if   1,298        

a possible violation involves repeated malpractice.  As used in    1,300        

this division, "repeated malpractice" means three or more claims   1,301        

for medical malpractice within the previous five-year period,      1,302        

each resulting in a judgment or settlement in excess of                         

twenty-five thousand dollars in favor of the claimant, and each    1,303        

involving negligent conduct by the practicing individual.          1,305        

      (F)  All summaries, reports, and records received and        1,307        

maintained by the board pursuant to this section shall be held in  1,308        

confidence and shall not be subject to discovery or introduction   1,309        

in evidence in any federal or state civil action involving a       1,310        

health care professional or facility arising out of matters that   1,312        

are the subject of the reporting required by this section.  The    1,313        

board may use the information obtained only as the basis for an    1,314        

investigation, as evidence in a disciplinary hearing against an    1,315        

individual whose practice is regulated under this chapter, or in   1,316        

any subsequent trial or appeal of a board action or order.         1,318        

      The board may disclose the summaries and reports it          1,321        

receives under this section only to health care facility           1,322        

committees within or outside this state that are involved in       1,323        

credentialing or recredentialing the individual or in reviewing    1,324        

the individual's clinical privileges.  The board shall indicate    1,325        

whether or not the information has been verified.  Information     1,326        

transmitted by the board shall be subject to the same              1,327        

confidentiality provisions as when maintained by the board.        1,328        

      (G)  Except for reports filed by an individual pursuant to   1,331        

division (B) of this section, the board shall send a copy of any   1,332        

                                                          30     


                                                                 
reports or summaries it receives pursuant to this section to the   1,333        

individual who is the subject of the reports or summaries.  The    1,335        

individual shall have the right to file a statement with the       1,336        

board concerning the correctness or relevance of the information.  1,337        

The statement shall at all times accompany that part of the        1,338        

record in contention.                                              1,339        

      (H)  An individual or entity that, pursuant to this          1,342        

section, reports to the board or refers an impaired practitioner   1,343        

to a treatment provider approved by the board under section        1,344        

4731.25 of the Revised Code shall not be subject to suit for       1,345        

civil damages as a result of the report, referral, or provision    1,347        

of the information.                                                             

      (I)  In the absence of fraud or bad faith, no professional   1,349        

association or society of individuals authorized to practice       1,350        

under this chapter that sponsors a committee or program to         1,352        

provide peer assistance to practitioners with substance abuse      1,353        

problems, no representative or agent of such a committee or        1,354        

program, and no member of the state medical board shall be held    1,355        

liable in damages to any person by reason of actions taken to      1,356        

refer a practitioner to a treatment provider approved under        1,357        

section 4731.25 of the Revised Code for examination or treatment.  1,358        

      Sec. 4731.281.  (A)  On or before the deadline established   1,367        

under division (B) of this section for applying for renewal of a   1,369        

certificate of registration, each person holding a certificate     1,370        

under this chapter to practice medicine and surgery, osteopathic   1,371        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY   1,372        

shall certify to the state medical board that in the preceding     1,373        

two years the person has completed one hundred hours of            1,375        

continuing medical education.  The certification shall be made     1,376        

upon the application for biennial registration submitted pursuant  1,377        

to division (B) of this section.  The board shall adopt rules      1,378        

providing for pro rata reductions by month of the number of hours  1,380        

of continuing education required for persons who are in their      1,381        

first registration period, who have a registration period of less  1,382        

                                                          31     


                                                                 
than two years due to initial implementation of the staggered      1,383        

renewal schedule established under division (B) of this section,   1,384        

who have been disabled due to illness or accident, or who have     1,385        

been absent from the country.                                      1,386        

      In determining whether a course, program, or activity        1,388        

qualifies for credit as continuing medical education, the board    1,389        

shall approve all continuing medical education taken by persons    1,391        

holding a certificate to practice medicine and surgery that is     1,392        

certified by the Ohio state medical association, all continuing    1,393        

medical education taken by persons holding a certificate to        1,394        

practice osteopathic medicine and surgery that is certified by     1,395        

the Ohio osteopathic association, and all continuing medical       1,396        

education taken by persons holding a certificate to practice       1,397        

podiatry that is certified by the Ohio podiatric medical           1,398        

association.  Each person holding a certificate to practice under  1,400        

this chapter shall be given sufficient choice of continuing        1,401        

education programs to ensure that the person has had a reasonable  1,402        

opportunity to participate in continuing education programs that   1,404        

are relevant to the person's medical practice in terms of subject  1,406        

matter and level.                                                               

      The board may require a random sample of persons holding a   1,409        

certificate to practice under this chapter to submit materials     1,410        

documenting completion of the continuing medical education         1,411        

requirement during the preceding registration period, but this     1,412        

provision shall not limit the board's authority to investigate     1,413        

pursuant to section 4731.22 of the Revised Code.                   1,414        

      (B)(1)  Every person holding a certificate under this        1,416        

chapter to practice medicine and surgery, osteopathic medicine     1,417        

and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY wishing    1,418        

to renew that certificate shall apply to the board for a           1,420        

certificate of registration upon an application furnished by the   1,421        

board, and pay to the board at the time of application a fee of    1,422        

three hundred five dollars, according to the following schedule:   1,424        

      (a)  Persons whose last name begins with the letters "A"     1,426        

                                                          32     


                                                                 
through "B," on or before April 1, 2001, and the first day of      1,427        

April of every odd-numbered year thereafter;                       1,428        

      (b)  Persons whose last name begins with the letters "C"     1,430        

through "D," on or before January 1, 2001, and the first day of    1,431        

January of every odd-numbered year thereafter;                     1,432        

      (c)  Persons whose last name begins with the letters "E"     1,435        

through "G," on or before October 1, 2000, and the first day of    1,437        

October of every even-numbered year thereafter;                    1,438        

      (d)  Persons whose last name begins with the letters "H"     1,441        

through "K," on or before July 1, 2000, and the first day of July  1,443        

of every even-numbered year thereafter;                                         

      (e)  Persons whose last name begins with the letters "L"     1,446        

through "M," on or before April 1, 2000, and the first day of      1,448        

April of every even-numbered year thereafter;                                   

      (f)  Persons whose last name begins with the letters "N"     1,451        

through "R," on or before January 1, 2000, and the first day of    1,454        

January of every even-numbered year thereafter;                    1,455        

      (g)  Persons whose last name begins with the letters "S,"    1,458        

on or before October 1, 1999, and the first day of October of      1,459        

every odd-numbered year thereafter;                                             

      (h)  Persons whose last name begins with the letters "T"     1,462        

through "Z," on or before July 1, 1999, and the first day of July  1,463        

of every odd-numbered year thereafter.                             1,464        

      The board shall deposit the fee in accordance with section   1,467        

4731.24 of the Revised Code, except that, until July 30, 2001,     1,469        

the board shall deposit twenty dollars of the fee into the state   1,470        

treasury to the credit of the physician loan repayment fund        1,471        

created by section 3702.78 of the Revised Code.                    1,472        

      (2)  The board shall mail or cause to be mailed to every     1,474        

person registered to practice medicine and surgery, osteopathic    1,475        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY,  1,476        

an application for registration addressed to the person's last     1,478        

known post-office address or may cause the application to be sent  1,479        

to the person through the secretary of any recognized medical,     1,481        

                                                          33     


                                                                 
osteopathic, or podiatric society, according to the following      1,482        

schedule:                                                                       

      (a)  To persons whose last name begins with the letters "A"  1,484        

through "B," on or before January 1, 2001, and the first day of    1,486        

January of every odd-numbered year thereafter;                                  

      (b)  To persons whose last name begins with the letters "C"  1,489        

through "D," on or before October 1, 2000, and the first day of    1,490        

October of every even-numbered year thereafter;                    1,491        

      (c)  To persons whose last name begins with the letters "E"  1,494        

through "G," on or before July 1, 2000, and the first day of July  1,497        

of every even-numbered year thereafter;                            1,498        

      (d)  To persons whose last name begins with the letters "H"  1,501        

through "K," on or before April 1, 2000, and the first day of      1,504        

April of every even-numbered year thereafter;                      1,505        

      (e)  To persons whose last name begins with the letters "L"  1,508        

through "M," on or before January 1, 2000, and the first day of    1,511        

January of every even-numbered year thereafter;                    1,512        

      (f)  To persons whose last name begins with the letters "N"  1,515        

through "R," on or before October 1, 1999, and the first day of    1,518        

October of every odd-numbered year thereafter;                     1,519        

      (g)  To persons whose last name begins with the letters      1,522        

"S," on or before July 1, 1999, and the first day of July of       1,524        

every odd-numbered year thereafter;                                1,525        

      (h)  To persons whose last name begins with the letters "T"  1,528        

through "Z," on or before April 1, 1999, and the first day of      1,531        

April of every odd-numbered year thereafter;                       1,532        

      Failure of any person to receive an application from the     1,535        

board shall not excuse the person from the requirements contained  1,536        

in this section.  The application shall contain proper spaces for  1,537        

the applicant's signature and the insertion of the required        1,538        

information, including a statement that the person has fulfilled   1,540        

the continuing education requirements imposed by this section.     1,541        

      The applicant shall write or cause to be written upon the    1,543        

application so furnished the applicant's full name, principal      1,545        

                                                          34     


                                                                 
practice address and residence address, the number of the          1,547        

applicant's certificate to practice, and any other facts for the   1,549        

identification of the applicant as a person holding a certificate  1,550        

to practice under this chapter as the board considers necessary.   1,551        

The applicant shall include with the application a list of the     1,552        

names and addresses of any clinical nurse specialists, certified   1,553        

nurse-midwives, or certified nurse practitioners with whom the     1,554        

applicant is currently collaborating, as defined in section        1,555        

4723.02 of the Revised Code.  The applicant shall execute and      1,558        

deliver the application to the board by mail or in person.  Every  1,559        

person registered under this section shall give written notice to  1,560        

the board of any change of principal practice address or           1,561        

residence address or in the list within thirty days of the         1,562        

change.                                                                         

      The applicant shall report any criminal offense that         1,564        

constitutes grounds for refusal of registration under section      1,565        

4731.22 of the Revised Code to which the applicant has pleaded     1,566        

guilty, of which the applicant has been found guilty, or for       1,569        

which the applicant has been found eligible for intervention in    1,571        

lieu of conviction, since last signing an application for a        1,573        

certificate of registration.                                                    

      (C)  The board shall issue to any person holding a           1,575        

certificate under this chapter to practice medicine and surgery,   1,576        

osteopathic medicine and surgery, or podiatry PODIATRIC MEDICINE   1,577        

AND SURGERY, upon application and qualification therefor in        1,579        

accordance with this section, a certificate of registration under  1,580        

the seal of the board.  A certificate of registration shall be     1,581        

valid for a two-year period, commencing on the first day of the    1,583        

third month after the registration fee is due and expiring on the  1,584        

last day of the month two years thereafter.                        1,586        

      The board shall publish and cause to be mailed to each       1,590        

person registered under this section, upon request, a printed      1,591        

list of the persons so registered.                                              

      (D)  Failure of any certificate holder to register and       1,593        

                                                          35     


                                                                 
comply with this section shall operate automatically to suspend    1,594        

the holder's certificate to practice.  Continued practice after    1,597        

the suspension of the certificate to practice shall be considered  1,598        

as practicing in violation of section 4731.41, 4731.43, or         1,600        

4731.60 of the Revised Code.  Subject to section 4731.222 of the   1,601        

Revised Code, the  IF THE CERTIFICATE HAS BEEN SUSPENDED PURSUANT  1,602        

TO THIS DIVISION FOR TWO YEARS OR LESS, IT MAY BE REINSTATED.      1,603        

THE board shall reinstate a certificate to practice for failure    1,605        

to register upon an applicant's submission of the biennial         1,606        

registration fee, the applicable monetary penalty, and             1,607        

certification by signature of the applicant that the applicant     1,608        

has completed the requisite continuing medical education.  The     1,609        

penalty for reinstatement shall be fifty dollars if the            1,611        

certificate has been suspended for two years or less and.  IF THE  1,612        

CERTIFICATE HAS BEEN SUSPENDED PURSUANT TO THIS DIVISION FOR MORE               

THAN TWO YEARS, IT MAY BE RESTORED.  IN ACCORDANCE WITH SECTION    1,613        

4731.222 OF THE REVISED CODE, THE BOARD MAY RESTORE A CERTIFICATE  1,614        

TO PRACTICE FOR FAILURE TO REGISTER UPON AN APPLICANT'S            1,616        

SUBMISSION OF A RESTORATION APPLICATION, THE BIENNIAL                           

REGISTRATION FEE, AND THE APPLICABLE MONETARY PENALTY.  THE        1,617        

PENALTY FOR RESTORATION SHALL BE one hundred dollars if the        1,618        

certificate has been suspended for more than two years.  The       1,619        

board shall deposit the penalties in accordance with section       1,620        

4731.24 of the Revised Code.                                       1,621        

      (E)  If an individual certifies completion of the number of  1,623        

hours and type of continuing medical education required to         1,625        

receive a certificate of registration or reinstatement of a        1,626        

certificate to practice, and the board finds through the random    1,627        

samples it conducts under this section or through any other means  1,628        

that the individual did not complete the requisite continuing      1,629        

medical education, the board may impose a civil penalty of not     1,630        

more than five thousand dollars.  The board's finding shall be     1,631        

made pursuant to an adjudication under Chapter 119. of the         1,632        

Revised Code and by an affirmative vote of not fewer than six      1,634        

                                                          36     


                                                                 
members.                                                                        

      A civil penalty imposed under this division may be in        1,636        

addition to or in lieu of any other action the board may take      1,637        

under section 4731.22 of the Revised Code.  The board shall        1,639        

deposit civil penalties in accordance with section 4731.24 of the  1,640        

Revised Code.                                                                   

      (F)  The state medical board may obtain information not      1,642        

protected by statutory or common law privilege from courts and     1,643        

other sources concerning malpractice claims against any person     1,644        

holding a certificate to practice under this chapter or            1,645        

practicing as provided in section 4731.36 of the Revised Code.     1,646        

      Sec. 4731.29.  (A)  When a person licensed to practice       1,655        

medicine and surgery or osteopathic medicine and surgery by the    1,656        

licensing department of another state, a diplomate of the          1,657        

national board of medical examiners or the national board of       1,658        

examiners for osteopathic physicians and surgeons, or a            1,659        

licentiate of the medical council of Canada wishes to remove to    1,660        

this state to practice, the person shall file an application with  1,662        

the state medical board.  The board may, in its discretion, by an  1,663        

affirmative vote of not less than six of its members, issue its    1,664        

certificate to practice medicine and surgery or osteopathic        1,665        

medicine and surgery without requiring the applicant to submit to  1,666        

examination, provided the applicant submits evidence satisfactory  1,668        

to the board of meeting the same age, moral character, and         1,669        

educational requirements individuals must meet under sections      1,670        

4731.08, 4731.09, 4731.091, and 4731.14 of the Revised Code and,   1,671        

if applicable, demonstrates proficiency in spoken English in       1,672        

accordance with division (E) of this section.                      1,673        

      (B)  The state medical board shall issue or deny its         1,675        

certificate to practice within sixty days after the receipt of a   1,676        

complete application under division (A) of this section.  Within   1,677        

thirty days after receipt of an application, the state medical     1,678        

board shall provide the applicant with written notice of any       1,679        

information required before an application can be considered       1,681        

                                                          37     


                                                                 
complete for purposes of this section.                                          

      (C)  If an applicant is under investigation pursuant to      1,683        

section 4731.22 of the Revised Code, the state medical board       1,684        

shall conclude the investigation within ninety days of receipt of  1,685        

a complete application unless extended by written consent of the   1,686        

applicant or unless the board determines that a substantial        1,687        

question of a violation of this chapter or the rules adopted       1,688        

under it exists and the board has notified the applicant in        1,689        

writing of the reasons for the continuation of the investigation.  1,690        

If the board determines that the applicant is not in violation,    1,691        

it shall issue a certificate within forty-five days of that        1,692        

determination.                                                                  

      (D)  A fee of three hundred dollars shall be submitted with  1,694        

each application for certification under this section.             1,695        

      (E)(1)  Except as provided in division (E)(2) of this        1,698        

section, an applicant licensed to practice medicine and surgery    1,699        

or osteopathic medicine and surgery by the licensing department    1,700        

of another state who received that license based in part on        1,701        

certification from the educational commission for foreign medical  1,702        

graduates shall demonstrate proficiency in spoken English if the   1,703        

applicant fulfilled the undergraduate requirements for a           1,704        

certificate issued under this section at an institution outside    1,706        

the United States.  The applicant may demonstrate such             1,707        

proficiency only in the manner described in section 4731.142 of    1,708        

the Revised Code for individuals attempting to receive             1,709        

certificates issued under section 4731.14 of the Revised Code.     1,710        

      (2)  An applicant described in division (E)(1) of this       1,713        

section is not required to demonstrate proficiency in spoken       1,714        

English if either of the following apply:                                       

      (a)  During the five years immediately preceding the date    1,716        

of application, the applicant's license has been unrestricted and  1,718        

the applicant has been actively practicing medicine and surgery    1,719        

or osteopathic medicine and surgery in the United States.                       

      (b)  AT THE BEGINNING OF THE FIVE-YEAR PERIOD PRECEDING THE  1,721        

                                                          38     


                                                                 
DATE OF APPLICATION UNDER THIS SECTION, THE APPLICANT WAS          1,722        

PARTICIPATING IN GRADUATE MEDICAL EDUCATION, AS DEFINED IN         1,723        

SECTION 4731.091 OF THE REVISED CODE, AND SINCE COMPLETING THAT    1,724        

EDUCATION HAS HELD AN UNRESTRICTED LICENSE AND HAS BEEN ACTIVELY                

PRACTICING MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND        1,725        

SURGERY IN THE UNITED STATES.                                      1,726        

      (c)  The applicant was required to demonstrate such          1,728        

proficiency as a condition of receiving certification from the     1,730        

educational commission for foreign medical graduates.              1,731        

      Sec. 4731.294.  (A)  The state medical board may issue,      1,740        

without examination, a special activity certificate to any person  1,741        

seeking to practice medicine and surgery or osteopathic medicine   1,742        

and surgery in conjunction with a special activity, program, or    1,743        

event taking place in this state.                                  1,744        

      (B)  An applicant for a special activity certificate shall   1,746        

HOLD A TELEMEDICINE CERTIFICATE ISSUED UNDER SECTION 4731.296 OF   1,747        

THE REVISED CODE OR submit evidence satisfactory to the board of   1,748        

all of the following:                                              1,749        

      (1)  He THE APPLICANT holds a current, unrestricted license  1,751        

to practice medicine and surgery or osteopathic medicine and       1,753        

surgery issued by another state or country and that within the     1,754        

two-year period immediately preceding his application, he THE      1,755        

APPLICANT has done one of the following:                           1,757        

      (a)  Actively practiced medicine and surgery or osteopathic  1,759        

medicine and surgery in the United States;                         1,760        

      (b)  Participated in a graduate medical education program    1,762        

accredited by either the accreditation council for graduate        1,763        

medical education of the American medical association or the       1,764        

American osteopathic association;                                  1,765        

      (c)  Successfully passed the federation licensing            1,767        

examination established by the federation of state medical         1,768        

boards, a special examination established by the federation of     1,769        

state medical boards, or all parts of a standard medical           1,770        

licensing examination established for purposes of determining the  1,771        

                                                          39     


                                                                 
competence of individuals to practice medicine and surgery or      1,772        

osteopathic medicine and surgery in the United States.             1,773        

      (2)  He THE APPLICANT meets the same educational             1,775        

requirements that individuals must meet under sections 4731.09,    1,777        

4731.091, and 4731.14 of the Revised Code.                         1,778        

      (3)  His THE APPLICANT'S practice in conjunction with the    1,780        

special activity, program, or event will be in the public          1,782        

interest.                                                                       

      (C)  The applicant shall pay a fee of one hundred            1,784        

twenty-five dollars UNLESS THE APPLICANT HOLDS A TELEMEDICINE      1,785        

CERTIFICATE ISSUED UNDER SECTION 4731.296 OF THE REVISED CODE.     1,786        

IF THE APPLICANT HOLDS A TELEMEDICINE CERTIFICATE, THE BOARD       1,787        

SHALL NOT CHARGE A FEE FOR ISSUING A CERTIFICATE UNDER THIS        1,788        

SECTION.  The board shall maintain a register of all persons who   1,789        

hold a special activity certificate.                                            

      (D)  The holder of a special activity certificate may        1,791        

practice medicine and surgery or osteopathic medicine and surgery  1,792        

only in conjunction with the special activity, event, or program   1,793        

for which the certificate is issued.  The board may revoke a       1,794        

certificate on receiving proof satisfactory to the board that the  1,795        

holder of the certificate has engaged in practice in this state    1,796        

outside the scope of the certificate or that there are grounds     1,797        

for action against him THE CERTIFICATE HOLDER under section        1,798        

4731.22 of the Revised Code.                                       1,799        

      (E)  A special activity certificate is valid for the         1,801        

shorter of thirty days or the duration of the special activity,    1,802        

program, or event.  The certificate may not be renewed.            1,803        

      (F)  THE STATE MEDICAL BOARD SHALL ADOPT RULES IN            1,805        

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT SPECIFY HOW  1,806        

OFTEN AN APPLICANT MAY BE GRANTED A CERTIFICATE UNDER THIS         1,807        

SECTION.                                                                        

      Sec. 4731.296.  (A)  FOR THE PURPOSES OF THIS SECTION, "THE  1,809        

PRACTICE OF TELEMEDICINE" MEANS THE PRACTICE OF MEDICINE IN THIS   1,810        

STATE THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL,        1,811        

                                                          40     


                                                                 
WRITTEN, OR ELECTRONIC COMMUNICATION, BY A PHYSICIAN LOCATED       1,812        

OUTSIDE THIS STATE.                                                             

      (B)  A PERSON WHO WISHES TO PRACTICE TELEMEDICINE IN THIS    1,814        

STATE SHALL FILE AN APPLICATION WITH THE STATE MEDICAL BOARD,      1,815        

TOGETHER WITH A FEE IN THE AMOUNT OF THE FEE DESCRIBED IN          1,816        

DIVISION (D) OF SECTION 4731.29 OF THE REVISED CODE.  THE BOARD    1,817        

MAY ISSUE, WITHOUT EXAMINATION, A TELEMEDICINE CERTIFICATE TO A    1,818        

PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:                             

      (1)  THE PERSON HOLDS A CURRENT, UNRESTRICTED LICENSE TO     1,820        

PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY  1,821        

ISSUED BY ANOTHER STATE THAT REQUIRES LICENSE HOLDERS TO COMPLETE  1,822        

AT LEAST FIFTY HOURS OF CONTINUING MEDICAL EDUCATION EVERY TWO     1,823        

YEARS.                                                                          

      (2)  THE PERSON'S PRINCIPAL PLACE OF PRACTICE IS IN THAT     1,825        

STATE.                                                                          

      (3)  THE PERSON DOES NOT HOLD A CERTIFICATE ISSUED UNDER     1,827        

THIS CHAPTER AUTHORIZING THE PRACTICE OF MEDICINE AND SURGERY OR   1,828        

OSTEOPATHIC MEDICINE AND SURGERY IN THIS STATE.                    1,829        

      (4)  THE PERSON MEETS THE SAME AGE, MORAL CHARACTER, AND     1,831        

EDUCATIONAL REQUIREMENTS INDIVIDUALS MUST MEET UNDER SECTIONS      1,832        

4731.08, 4731.09, 4731.091, AND 4731.14 OF THE REVISED CODE AND,   1,833        

IF APPLICABLE, DEMONSTRATES PROFICIENCY IN SPOKEN ENGLISH IN       1,834        

ACCORDANCE WITH DIVISION (E) OF SECTION 4731.29 OF THE REVISED     1,835        

CODE.                                                                           

      (C)  THE HOLDER OF A TELEMEDICINE CERTIFICATE MAY ENGAGE IN  1,837        

THE PRACTICE OF TELEMEDICINE IN THIS STATE.  A PERSON HOLDING A    1,838        

TELEMEDICINE CERTIFICATE SHALL NOT PRACTICE MEDICINE IN PERSON IN  1,839        

THIS STATE WITHOUT OBTAINING A SPECIAL ACTIVITY CERTIFICATE UNDER  1,840        

SECTION 4731.294 OF THE REVISED CODE.                                           

      (D)  THE BOARD MAY REVOKE A CERTIFICATE ISSUED UNDER THIS    1,842        

SECTION OR TAKE OTHER DISCIPLINARY ACTION AGAINST A CERTIFICATE    1,843        

HOLDER PURSUANT TO SECTION 4731.22 OF THE REVISED CODE ON          1,844        

RECEIVING PROOF SATISFACTORY TO THE BOARD THAT THE CERTIFICATE     1,845        

HOLDER HAS ENGAGED IN PRACTICE IN THIS STATE OUTSIDE THE SCOPE OF  1,846        

                                                          41     


                                                                 
THE CERTIFICATE OR THAT THERE ARE GROUNDS FOR ACTION AGAINST THE   1,847        

HOLDER UNDER SECTION 4731.22 OF THE REVISED CODE.                               

      (E)  A TELEMEDICINE CERTIFICATE SHALL BE VALID FOR A PERIOD  1,849        

SPECIFIED BY THE BOARD, AND THE INITIAL RENEWAL SHALL BE IN        1,850        

ACCORDANCE WITH A SCHEDULE ESTABLISHED BY THE BOARD.  THEREAFTER,  1,851        

THE CERTIFICATE SHALL BE VALID FOR TWO YEARS.  A CERTIFICATE MAY   1,852        

BE RENEWED ON APPLICATION OF THE HOLDER.                                        

      TO BE ELIGIBLE FOR RENEWAL, THE HOLDER OF THE CERTIFICATE    1,854        

SHALL DO BOTH OF THE FOLLOWING:                                    1,855        

      (1)  PAY A FEE IN THE AMOUNT OF THE FEE DESCRIBED IN         1,857        

DIVISION (B)(1) OF SECTION 4731.281 OF THE REVISED CODE;           1,858        

      (2)  CERTIFY TO THE BOARD COMPLIANCE WITH THE CONTINUING     1,860        

MEDICAL EDUCATION REQUIREMENTS OF THE STATE IN WHICH THE HOLDER'S  1,861        

PRINCIPAL PLACE OF PRACTICE IS LOCATED.                            1,862        

      THE BOARD MAY REQUIRE A RANDOM SAMPLE OF PERSONS HOLDING A   1,864        

TELEMEDICINE CERTIFICATE TO SUBMIT MATERIALS DOCUMENTING           1,865        

COMPLETION OF THE CONTINUING MEDICAL EDUCATION REQUIREMENTS        1,866        

DESCRIBED IN THIS DIVISION.                                                     

      (F)  THE BOARD SHALL CONVERT A TELEMEDICINE CERTIFICATE TO   1,868        

A CERTIFICATE ISSUED UNDER SECTION 4731.29 OF THE REVISED CODE ON  1,869        

RECEIPT OF A WRITTEN REQUEST FROM THE CERTIFICATE HOLDER.  ONCE    1,870        

THE TELEMEDICINE CERTIFICATE IS CONVERTED, THE HOLDER IS SUBJECT   1,871        

TO ALL REQUIREMENTS AND PRIVILEGES ATTENDANT TO A CERTIFICATE      1,872        

ISSUED UNDER SECTION 4731.29 OF THE REVISED CODE, INCLUDING                     

CONTINUING MEDICAL EDUCATION REQUIREMENTS.                         1,873        

      Sec. 4731.31.  (A)  As used in this section:                 1,883        

      (1)  "Rural hospital" means a hospital agency, as defined    1,885        

in section 140.01 of the Revised Code, that meets all of the       1,887        

following criteria:                                                1,888        

      (a)  Is in compliance with section 3727.02 of the Revised    1,891        

Code and the registration requirement of division (A) of section   1,893        

3701.07 of the Revised Code;                                       1,895        

      (b)  Is located in a county that has a population of less    1,898        

than one hundred twenty-five thousand.                                          

                                                          42     


                                                                 
      (2)  "Physician" means an individual authorized under        1,900        

Chapter 4731. of the Revised Code to practice medicine and         1,902        

surgery, osteopathic medicine and surgery, or podiatry PODIATRIC   1,903        

MEDICINE AND SURGERY.                                                           

      (B)  Subject to division (C) of this section, a rural        1,906        

hospital or a health care facility that is owned or operated by a  1,907        

rural hospital may employ a physician.  A hospital or facility     1,908        

that employs a physician in accordance with this section is not    1,909        

engaged in the practice of medicine and surgery, osteopathic       1,910        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY   1,911        

in violation of section 4731.41, 4731.43, or 4731.60 of the        1,912        

Revised Code.                                                                   

      (C)  No rural hospital or health care facility owned or      1,915        

operated by a rural hospital shall do either of the following:     1,916        

      (1)  Control the professional clinical judgment exercised    1,918        

within accepted and prevailing standards of practice of a          1,920        

physician employed pursuant to this section in rendering care,     1,921        

treatment, or professional advice to an individual patient;        1,922        

      (2)  Require that a physician be employed by the hospital    1,924        

or facility as a condition of granting the physician privileges    1,925        

to practice within the hospital or facility.                       1,926        

      Sec. 4731.34.  (A)  A person shall be regarded as            1,935        

practicing medicine AND SURGERY, OSTEOPATHIC MEDICINE AND          1,936        

surgery, or podiatry PODIATRIC MEDICINE AND SURGERY, within the    1,938        

meaning of this chapter, who uses DOES ANY OF THE FOLLOWING:       1,939        

      (1)  USES the words or letters, "Dr.," "Doctor,"             1,941        

"Professor," "M.D.," "D.S.C.," "Pod. D.," "M.B. PHYSICIAN,"        1,944        

"D.O.," "D.P.M.," or any other title in connection with the        1,946        

person's name that in any way THAT represents the person as        1,948        

engaged in the practice of medicine, AND surgery, OSTEOPATHIC      1,949        

MEDICINE AND SURGERY, or podiatry PODIATRIC MEDICINE AND SURGERY,  1,950        

in any of its branches, or who examines;                           1,951        

      (2)  ADVERTISES, SOLICITS, OR REPRESENTS IN ANY WAY THAT     1,954        

THE PERSON IS PRACTICING MEDICINE AND SURGERY, OSTEOPATHIC                      

                                                          43     


                                                                 
MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND SURGERY, IN ANY    1,955        

OF ITS BRANCHES;                                                   1,956        

      (3)  IN PERSON OR, REGARDLESS OF THE PERSON'S LOCATION,      1,958        

THROUGH THE USE OF ANY COMMUNICATION, INCLUDING ORAL, WRITTEN, OR  1,960        

ELECTRONIC COMMUNICATION, DOES ANY OF THE FOLLOWING:               1,961        

      (a)  EXAMINES or diagnoses for compensation of any kind, or  1,963        

prescribes DIRECT OR INDIRECT;                                     1,964        

      (b)  PRESCRIBES, advises, recommends, administers, or        1,966        

dispenses for compensation of any kind, direct or indirect, a      1,967        

drug or medicine, appliance, mold or cast, application,            1,968        

operation, or treatment, of whatever nature, for the cure or       1,969        

relief of a wound, fracture or bodily injury, infirmity, or        1,970        

disease, provided that the.                                        1,971        

      (B)  THE treatment of human ills through prayer alone by a   1,975        

practitioner of the Christian Science church, in accordance with   1,976        

the tenets and creed of such church, shall not be regarded as the  1,977        

practice of medicine; and, provided further that sanitary and      1,978        

public health laws shall be complied with, no practices shall be   1,979        

used that may be dangerous or detrimental to life or health, and   1,980        

no person shall be denied the benefits of accepted medical and     1,982        

surgical practices.                                                             

      (C)  The use of any such words, letters, or titles in any    1,985        

connection or under any circumstances as to induce the belief                   

that the person who uses them is engaged in the practice of        1,986        

medicine, AND SURGERY, OSTEOPATHIC MEDICINE AND surgery, or        1,987        

podiatry PODIATRIC MEDICINE AND SURGERY, IN ANY OF ITS BRANCHES,   1,989        

is prima-facie evidence of the intent of such person to represent  1,990        

the person as engaged in the practice of medicine, AND SURGERY,    1,991        

OSTEOPATHIC MEDICINE AND surgery, or podiatry PODIATRIC MEDICINE   1,992        

AND SURGERY, IN ANY OF ITS BRANCHES.                               1,994        

      Sec. 4731.341.  (A)  The practice of medicine in all of its  2,004        

branches or the treatment of human ailments without the use of     2,006        

drugs or medicines and without operative surgery by any person     2,007        

not at that time holding a valid and current certificate as        2,010        

                                                          44     


                                                                 
provided by Chapter 4723., 4725., or 4731. of the Revised Code is  2,011        

hereby declared to be inimical to the public welfare and to        2,012        

constitute a public nuisance.  The                                              

      (B)  THE attorney general, the prosecuting attorney of any   2,015        

county in which the offense was committed or the offender          2,016        

resides, the state medical board, or any other person having       2,017        

knowledge of a person engaged WHO either directly or by            2,018        

complicity IS in the practice of medicine without having first     2,020        

obtained a certificate to do so pursuant to such chapters          2,021        

VIOLATION OF DIVISION (A) OF THIS SECTION, may on or after         2,022        

January 1, 1969, in accord with provisions of the Revised Code     2,023        

governing injunctions, maintain an action in the name of the       2,024        

state to enjoin any person from engaging either directly or by     2,025        

complicity in the unlawful practice of medicine in all of its      2,027        

branches, or the treatment of human ailments without the use of    2,028        

drugs or medicines and without operative surgery, ACTIVITY by      2,029        

applying for an injunction in THE FRANKLIN COUNTY COURT OF COMMON  2,030        

PLEAS OR any OTHER court of competent jurisdiction.                2,033        

      Prior to application for such injunction, the secretary of   2,035        

the state medical board shall notify the person allegedly engaged  2,036        

either directly or by complicity in the unlawful practice of       2,037        

medicine or any of its branches ACTIVITY by registered mail that   2,039        

the secretary has received information indicating that this        2,040        

person is so engaged.  Said person shall answer the secretary      2,041        

within thirty days showing that the person is either properly      2,043        

licensed for the stated activity or that the person is not in      2,044        

violation of Chapter 4723. or 4731. of the Revised Code.  If the   2,046        

answer is not forthcoming within thirty days after notice by the   2,047        

secretary, the secretary shall request that the attorney general,  2,048        

the prosecuting attorney of the county in which the offense was    2,049        

committed or the offender resides, or the state medical board      2,050        

proceed as authorized in this section.                             2,051        

      Upon the filing of a verified petition in court, the court   2,053        

shall conduct a hearing on the petition and shall give the same    2,054        

                                                          45     


                                                                 
preference to this proceeding as is given all proceedings under    2,055        

Chapter 119. of the Revised Code, irrespective of the position of  2,058        

the proceeding on the calendar of the court.                                    

      Such injunction proceedings shall be in addition to, and     2,060        

not in lieu of, all penalties and other remedies provided in       2,061        

Chapters 4723. and 4731. of the Revised Code.                      2,062        

      Sec. 4731.35.  (A)  Sections 4731.01 to 4731.47 of the       2,071        

Revised Code shall THIS CHAPTER DOES not apply to or prohibit in   2,073        

any way the administration of an anesthetic ANESTHESIA by a        2,076        

certified registered nurse anesthetist under the direction of and  2,077        

in the immediate presence of a licensed physician AN INDIVIDUAL    2,079        

AUTHORIZED BY THIS CHAPTER TO PRACTICE MEDICINE AND SURGERY,       2,080        

OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRIC MEDICINE AND        2,081        

SURGERY.                                                                        

      (B)  This chapter does not prohibit an individual from       2,083        

practicing as an anesthesiologist assistant in accordance with     2,084        

Chapter 4760. of the Revised Code.                                 2,085        

      Sec. 4731.36.  (A)  Sections 4731.01 to 4731.47 of the       2,094        

Revised Code shall not prohibit service in case of emergency, or   2,095        

domestic administration of family remedies, OR PROVISION OF        2,096        

ASSISTANCE TO ANOTHER INDIVIDUAL WHO IS SELF-ADMINISTERING DRUGS.  2,097        

Such sections                                                      2,098        

      SECTIONS 4731.01 TO 4731.47 OF THE REVISED CODE shall not    2,101        

apply to a ANY OF THE FOLLOWING:                                                

      (1)  A commissioned medical officer of the United States     2,103        

army, navy, or marine hospital service ARMED FORCES, AS DEFINED    2,104        

IN SECTION 5903.11 OF THE REVISED CODE, OR AN EMPLOYEE OF THE      2,105        

VETERANS ADMINISTRATION OF THE UNITED STATES OR THE UNITED STATES  2,106        

PUBLIC HEALTH SERVICE in the discharge of the officer's OR         2,108        

EMPLOYEE'S professional duties, or to a regularly qualified;       2,109        

      (2)  A dentist AUTHORIZED UNDER CHAPTER 4715. OF THE         2,111        

REVISED CODE TO PRACTICE DENTISTRY when engaged exclusively in     2,112        

the practice of dentistry, or when administering anaesthetics, or  2,114        

to a ANESTHETICS IN THE PRACTICE OF DENTISTRY;                     2,115        

                                                          46     


                                                                 
      (3)  A physician or surgeon residing in another state or     2,118        

territory who is a legal practitioner of medicine or surgery       2,119        

therein, when in PROVIDING consultation with a regular             2,120        

practitioner of this state; nor shall such sections apply to a AN  2,122        

INDIVIDUAL HOLDING A CERTIFICATE TO PRACTICE ISSUED UNDER THIS     2,123        

CHAPTER WHO IS RESPONSIBLE FOR THE EXAMINATION, DIAGNOSIS, AND     2,124        

TREATMENT OF THE PATIENT WHO IS THE SUBJECT OF THE CONSULTATION,   2,125        

IF ONE OF THE FOLLOWING APPLIES:                                                

      (a)  THE PHYSICIAN OR SURGEON DOES NOT PROVIDE CONSULTATION  2,127        

IN THIS STATE ON A REGULAR OR FREQUENT BASIS.                      2,129        

      (b)  THE PHYSICIAN OR SURGEON PROVIDES THE CONSULTATION      2,131        

WITHOUT COMPENSATION OF ANY KIND, DIRECT OR INDIRECT, FOR THE      2,132        

CONSULTATION.                                                                   

      (c)  THE CONSULTATION IS PART OF THE CURRICULUM OF A         2,134        

MEDICAL SCHOOL OR OSTEOPATHIC MEDICAL SCHOOL OF THIS STATE OR A    2,135        

PROGRAM DESCRIBED IN DIVISION (A)(2) OF SECTION 4731.291 OF THE    2,136        

REVISED CODE.                                                                   

      (4)  A PHYSICIAN OR SURGEON IN ANOTHER STATE OR TERRITORY    2,138        

WHO IS A LEGAL PRACTITIONER OF MEDICINE OR SURGERY THEREIN AND     2,139        

PROVIDED SERVICES TO A PATIENT IN THAT STATE OR TERRITORY, WHEN    2,140        

PROVIDING, NOT LATER THAN ONE YEAR AFTER THE LAST DATE SERVICES    2,141        

WERE PROVIDED IN ANOTHER STATE OR TERRITORY, FOLLOW-UP SERVICES    2,142        

IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION, INCLUDING       2,143        

ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, IN THIS STATE TO THE   2,144        

PATIENT FOR THE SAME CONDITION;                                    2,145        

      (5)  A physician or surgeon residing on the border of a      2,147        

neighboring CONTIGUOUS state and authorized under the laws         2,148        

thereof to practice medicine and surgery therein, whose practice   2,150        

extends within the limits of this state; provided equal rights     2,151        

and privileges are accorded by such neighboring state to the       2,152        

physicians and surgeons residing on the border of this state       2,153        

contiguous to such neighboring state.  Such practitioner shall     2,154        

not EITHER IN PERSON OR THROUGH THE USE OF ANY COMMUNICATION,      2,155        

INCLUDING ORAL, WRITTEN, OR ELECTRONIC COMMUNICATION, open an      2,156        

                                                          47     


                                                                 
office or appoint a place to see patients or receive calls within  2,157        

the limits of this state.                                                       

      (B)(6)  A BOARD, COMMITTEE, OR CORPORATION ENGAGED IN THE    2,159        

CONDUCT DESCRIBED IN DIVISION (A) OF SECTION 2305.25 OF THE        2,161        

REVISED CODE WHEN ACTING WITHIN THE SCOPE OF THE FUNCTIONS OF THE  2,162        

BOARD, COMMITTEE, OR CORPORATION;                                               

      (7)  THE CONDUCT OF AN INDEPENDENT REVIEW ORGANIZATION       2,164        

ACCREDITED BY THE SUPERINTENDENT OF INSURANCE UNDER SECTION        2,165        

3901.80 OF THE REVISED CODE FOR THE PURPOSE OF EXTERNAL REVIEWS    2,166        

CONDUCTED UNDER SECTIONS 1751.84, 1751.85, 3923.67, 3923.68,       2,167        

3923.76, AND 3923.77 OF THE REVISED CODE.                          2,168        

      (B)  Sections 4731.51 to 4731.61 of the Revised Code do not  2,170        

apply to any graduate of a podiatric school or college while       2,171        

performing those acts that may be prescribed by or incidental to   2,172        

participation in an accredited podiatric internship, residency,    2,173        

or fellowship program situated in this state approved by the       2,174        

state medical board.                                               2,175        

      (C)  This chapter does not apply to an acupuncturist who     2,177        

complies with Chapter 4762. of the Revised Code.                   2,178        

      (D)  THIS CHAPTER DOES NOT PROHIBIT THE ADMINISTRATION OF    2,181        

DRUGS BY ANY OF THE FOLLOWING:                                                  

      (1)  AN INDIVIDUAL WHO IS LICENSED OR OTHERWISE              2,183        

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ADMINISTER DRUGS;   2,184        

      (2)  AN INDIVIDUAL WHO IS NOT LICENSED OR OTHERWISE          2,186        

SPECIFICALLY AUTHORIZED BY THE REVISED CODE TO ADMINISTER DRUGS,   2,187        

BUT IS ACTING PURSUANT TO THE RULES FOR DELEGATION OF MEDICAL      2,189        

TASKS ADOPTED UNDER SECTION 4731.053 OF THE REVISED CODE;          2,190        

      (3)  AN INDIVIDUAL SPECIFICALLY AUTHORIZED TO ADMINISTER     2,192        

DRUGS PURSUANT TO A RULE ADOPTED UNDER THE REVISED CODE THAT IS    2,193        

IN EFFECT ON THE EFFECTIVE DATE OF THIS AMENDMENT, AS LONG AS THE  2,194        

RULE REMAINS IN EFFECT, SPECIFICALLY AUTHORIZING AN INDIVIDUAL TO  2,195        

ADMINISTER DRUGS.                                                               

      (E)  THE EXEMPTIONS DESCRIBED IN DIVISIONS (A)(3), (4), AND  2,198        

(5) OF THIS SECTION DO NOT APPLY TO A PHYSICIAN OR SURGEON WHOSE   2,199        

                                                          48     


                                                                 
CERTIFICATE TO PRACTICE ISSUED UNDER THIS CHAPTER IS UNDER         2,200        

SUSPENSION OR HAS BEEN REVOKED OR PERMANENTLY REVOKED BY ACTION    2,201        

OF THE STATE MEDICAL BOARD.                                                     

      Sec. 4731.51.  The practice of podiatry PODIATRIC MEDICINE   2,210        

AND SURGERY consists of the medical, mechanical, and surgical      2,212        

treatment of ailments of the foot, the muscles and tendons of the               

leg governing the functions of the foot; and superficial lesions   2,213        

of the hand other than those associated with trauma.  Podiatrists  2,214        

are permitted the use of such preparations, medicines, and drugs   2,215        

as may be necessary for the treatment of such ailments.  The       2,216        

podiatrist may treat the local manifestations of systemic          2,217        

diseases as they appear in the hand and foot, but the patient                   

shall be concurrently referred to a doctor of medicine or a        2,219        

doctor of osteopathic medicine and surgery for the treatment of    2,220        

the systemic disease itself.  General anaesthetics may be used     2,222        

under this section only in colleges of podiatry PODIATRIC          2,224        

MEDICINE AND SURGERY approved by the medical board pursuant to     2,225        

section 4731.53 of the Revised Code and in hospitals approved by   2,227        

the joint commission on the accreditation of hospitals, or the     2,228        

American osteopathic association.  The use of x-ray or radium for  2,230        

therapeutic purposes is not permitted.                                          

      Sec. 4731.52.  Each person who desires to practice podiatry  2,240        

PODIATRIC MEDICINE AND SURGERY and is not now authorized to do so  2,242        

shall file with the secretary of the state medical board a                      

written application, under oath, on a form prescribed by the       2,243        

board and furnish satisfactory proof that he THE APPLICANT is      2,244        

more than eighteen years of age and of good moral character.       2,247        

      Sec. 4731.53.  At the time an applicant files an             2,258        

application, the applicant shall file with the secretary of the                 

state medical board evidence of preliminary education showing      2,259        

that the applicant has satisfactorily completed at least two       2,260        

years of collegiate work in an approved college of arts and        2,262        

sciences in addition to high school graduation.  When the          2,263        

entrance examiner finds the preliminary education of the           2,264        

                                                          49     


                                                                 
applicant sufficient, the entrance examiner shall issue a          2,266        

certificate of preliminary examination upon the payment to the                  

treasurer of the board of a fee of thirty-five dollars.  Such      2,268        

certificate shall be attested by the secretary.                    2,269        

      The applicant shall also present a diploma from a college    2,271        

of podiatry PODIATRIC MEDICINE AND SURGERY in good standing as     2,272        

defined by the board at the time the diploma was issued.  The      2,274        

applicant shall present an affidavit that the applicant is the     2,275        

person named in the diploma and is the lawful possessor thereof    2,276        

stating the applicant's age, residence, the school at which the    2,277        

applicant obtained education in podiatry PODIATRIC MEDICINE AND    2,278        

SURGERY, the time spent in the study of podiatry PODIATRIC         2,279        

MEDICINE AND SURGERY, and such other facts as the board may        2,280        

require.                                                                        

      Sec. 4731.55.  The examinations of applicants for            2,290        

certificates to practice podiatry PODIATRIC MEDICINE AND SURGERY   2,292        

shall be conducted under rules prescribed by the state medical     2,294        

board.  An applicant who holds the degree of doctor of podiatric   2,295        

medicine shall be examined in subjects pertinent to current        2,296        

podiatric educational standards.                                   2,297        

      Sec. 4731.56.  The state medical board shall issue its       2,307        

certificate to practice podiatry PODIATRIC MEDICINE AND SURGERY    2,308        

to each applicant who passes the examination conducted under       2,309        

section 4731.55 of the Revised Code and has paid the treasurer of  2,310        

the state medical board a certificate issuance fee of three        2,311        

hundred dollars.  Each certificate shall be signed by the board's  2,313        

president and secretary and attested by its seal.  An affirmative  2,314        

vote of not less than six members of the state medical board is    2,315        

required for issuance of a certificate.                                         

      A certificate authorizing the practice of podiatry           2,317        

PODIATRIC MEDICINE AND SURGERY permits the holder the use of the   2,320        

title "physician" or the use of the title "surgeon" when the                    

title is qualified by letters or words showing that the holder of  2,321        

the certificate is a practitioner of podiatry PODIATRIC MEDICINE   2,322        

                                                          50     


                                                                 
AND SURGERY.  The certificate shall be prominently displayed in    2,324        

the certificate holder's office or the place where a major         2,325        

portion of the certificate holder's practice is conducted.         2,326        

      Sec. 4731.57.  When a podiatrist licensed by the licensing   2,336        

authority of another state wishes to remove to this state to       2,338        

practice his THE PODIATRIST'S profession, the state medical board  2,340        

may, in its discretion, by an affirmative vote of not less than                 

six of its members, issue to him THE APPLICANT a certificate to    2,341        

practice podiatry PODIATRIC MEDICINE AND SURGERY without           2,342        

requiring the applicant to submit to examination, provided he THE  2,343        

APPLICANT meets the requirements for entrance set forth in         2,345        

section 4731.53 of the Revised Code and pays a fee of three        2,346        

hundred dollars.  Application shall be made on a form prescribed   2,347        

by the board.                                                                   

      Sec. 4731.571.  The state medical board may, upon an         2,357        

affirmative vote of not less than six members, issue a             2,358        

certificate to practice podiatry PODIATRIC MEDICINE AND SURGERY    2,359        

by endorsement to an applicant who has successfully passed the     2,360        

written examination of a recognized national certifying agency in  2,361        

podiatry PODIATRIC MEDICINE AND SURGERY; provided the written      2,362        

examination of the certifying agency was, in the opinion of the    2,363        

board, equivalent to its own examination, and provided further     2,364        

that the applicant satisfies in all other respects, the            2,365        

requirements for a license as set forth in sections 4731.51 to     2,367        

4731.60 of the Revised Code.  Such application to the board shall  2,369        

be accompanied by an application fee of three hundred dollars.                  

      Sec. 4731.572.  (A)  The state medical board may issue,      2,379        

without examination, a visiting podiatric faculty certificate to   2,380        

any person who holds a current, unrestricted license to practice   2,381        

podiatry PODIATRIC MEDICINE AND SURGERY issued by another state    2,382        

or country and has been appointed to serve in this state on the    2,384        

academic staff of an approved college of podiatry PODIATRIC        2,385        

MEDICINE AND SURGERY in good standing, as determined by the        2,387        

board.                                                                          

                                                          51     


                                                                 
      (B)  An applicant for a visiting podiatric faculty           2,389        

certificate shall submit evidence satisfactory to the board that   2,390        

he THE APPLICANT meets the requirements of division (A) of this    2,391        

section.  The applicant shall pay a fee of one hundred             2,393        

twenty-five dollars. The board shall maintain a register of all    2,394        

persons who hold a visiting podiatric faculty certificate.         2,395        

      (C)  The holder of a visiting podiatric faculty certificate  2,397        

may practice podiatry PODIATRIC MEDICINE AND SURGERY only as is    2,398        

incidental to his THE CERTIFICATE HOLDER'S teaching duties at the  2,401        

college or the teaching hospitals affiliated with the college.     2,402        

The board may revoke a certificate on receiving proof              2,403        

satisfactory to the board that the holder of the certificate has   2,404        

engaged in practice in this state outside the scope of the         2,405        

certificate or that there are grounds for action against him THE   2,406        

CERTIFICATE HOLDER under section 4731.22 of the Revised Code.      2,407        

      (D)  A visiting podiatric faculty certificate is valid for   2,409        

the shorter of one year or the duration of the holder's            2,410        

appointment to the academic staff of the college.  The             2,411        

certificate may not be renewed.                                    2,412        

      Sec. 4731.60.  No person shall practice podiatry PODIATRIC   2,422        

MEDICINE AND SURGERY without a certificate from the state medical  2,424        

board; no person shall advertise or announce himself as a          2,425        

practitioner of podiatry PODIATRIC MEDICINE AND SURGERY without a  2,427        

certificate from the board; no person shall open or conduct an     2,429        

office or other place for such practice without a certificate      2,430        

from the board; no person shall conduct an office in the name of                

some person who has a certificate to practice podiatry PODIATRIC   2,431        

MEDICINE AND SURGERY; and no person shall practice podiatry        2,433        

PODIATRIC MEDICINE AND SURGERY after a certificate has been        2,434        

revoked, or if suspended, during the time of such suspension.      2,436        

      A certificate signed by the secretary to which is affixed    2,438        

the official seal of the board to the effect that it appears from  2,439        

the records of the board that no such certificate to practice      2,440        

podiatry PODIATRIC MEDICINE AND SURGERY, in the state has been     2,441        

                                                          52     


                                                                 
issued to any such person specified therein, or that a             2,443        

certificate, if issued, has been revoked or suspended, shall be    2,445        

received as prima-facie evidence of the record of such board in    2,446        

any court or before any officer of this state.                                  

      Sec. 4731.66.  (A)  Except as provided in sections 4731.67   2,456        

and 4731.68 of the Revised Code, no holder of a certificate under  2,457        

this chapter to practice medicine and surgery, osteopathic         2,458        

medicine and surgery, or podiatry PODIATRIC MEDICINE AND SURGERY   2,459        

shall refer a patient to a person for a designated health service  2,462        

if the certificate holder, or a member of the certificate          2,463        

holder's immediate family, has either of the following financial   2,464        

relationships with the person:                                     2,465        

      (1)  An ownership or investment interest in the person       2,467        

whether through debt, equity, or other means;                      2,468        

      (2)  Any compensation arrangement involving any              2,470        

remuneration, directly or indirectly, overtly or covertly, in      2,471        

cash or in kind.                                                   2,472        

      (B)  No person to which a certificate holder has referred a  2,474        

patient in violation of division (A) of this section shall bill    2,475        

the patient, any third-party payer, any governmental health care   2,476        

program, or any other person or governmental entity for the        2,477        

designated health service rendered pursuant to the referral.       2,479        

      (C)  No person shall knowingly enter into an arrangement or  2,481        

scheme, including a cross-referral arrangement, that has a         2,482        

principal purpose of assuring referrals by a certificate holder    2,483        

to a particular person that, if the certificate holder directly    2,484        

made referrals to such person, would violate division (A) of this  2,485        

section.                                                           2,486        

      Sec. 4731.85.  The department of health shall establish a    2,496        

procedure to provide special recognition annually to one or more   2,497        

persons issued a certificate under this chapter to practice        2,498        

medicine and surgery, osteopathic medicine and surgery, or         2,499        

podiatry PODIATRIC MEDICINE AND SURGERY who volunteer medical      2,500        

services to medically underserved areas of this state or to        2,502        

                                                          53     


                                                                 
charitable shelters or clinics.  Any person may nominate a         2,503        

certificate holder for consideration by the department.  The       2,504        

department shall annually submit to newspapers of general                       

circulation and other publications selected by the department a    2,505        

request for nominations.  The request shall describe the required  2,506        

form and content of nominations and indicate a deadline for        2,507        

submitting nominations.                                                         

      The department may adopt criteria and guidelines for         2,509        

selecting nominees for recognition.  The department shall          2,510        

publicize the names, professional accomplishments, and service     2,511        

contributions of the certificate holders that it recognizes under  2,512        

this section.  The department may purchase recognition awards and  2,513        

take other actions to honor such volunteers.                       2,514        

      Sec. 4755.40.  As used in sections 4755.40 to 4755.56 and    2,524        

4755.99 of the Revised Code:                                                    

      (A)  "Physical therapy" means the evaluation and treatment   2,526        

of a person by physical measures and the use of therapeutic        2,527        

exercises and rehabilitative procedures, with or without           2,528        

assistive devices, for the purpose of preventing, correcting, or   2,529        

alleviating any disability.   If performed by a person who is      2,531        

adequately trained, physical therapy includes the design,          2,532        

fabrication, revision, education, and instruction in the use of    2,533        

various assistive devices including braces, splints, ambulatory    2,534        

or locomotion devices, wheelchairs, prosthetics, and orthotics.    2,535        

PHYSICAL THERAPY INCLUDES THE ADMINISTRATION OF TOPICAL DRUGS      2,536        

THAT HAVE BEEN PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL                     

AUTHORIZED TO PRESCRIBE DRUGS, AS DEFINED IN SECTION 4729.01 OF    2,538        

THE REVISED CODE.  Physical therapy also includes the              2,539        

establishment and modification of physical therapy programs,       2,540        

treatment planning, instruction, and consultative services.        2,541        

Physical measures include massage, heat, cold, air, light, water,  2,542        

electricity, sound, and the performance of tests of neuromuscular  2,543        

function as an aid to such treatment.  Physical therapy does not   2,544        

include the diagnosis of a patient's disability, the use of        2,545        

                                                          54     


                                                                 
Roentgen rays or radium for diagnostic or therapeutic purposes,    2,546        

or the use of electricity for cauterization or other surgical      2,547        

purposes.  Physical therapy includes physiotherapy.                2,548        

      (B)  "Physical therapist" means a person who practices or    2,550        

teaches physical therapy and includes physiotherapist.             2,551        

      (C)  "Physical therapist assistant" means a person who       2,553        

assists in the provision of physical therapy treatments under the  2,554        

supervision of a physical therapist, or teaches physical therapy   2,555        

under the supervision of a physical therapist, and includes        2,556        

physical therapy assistant.                                        2,557        

      (D)  "Supervision" means the availability and                2,559        

responsibility of the supervisor for direction of the actions of   2,560        

the person supervised.                                             2,561        

      Sec. 4755.60.  As used in sections 4755.60 to 4755.65 and    2,570        

4755.99 of the Revised Code:                                       2,571        

      (A)  "Athletic training" means the practice of prevention,   2,573        

recognition, and assessment of an athletic injury and the          2,574        

complete management, treatment, disposition, and reconditioning    2,576        

of acute athletic injuries upon the referral of an individual                   

authorized under Chapter 4731. of the Revised Code to practice     2,579        

medicine and surgery, osteopathic medicine and surgery, or                      

podiatry, a dentist licensed under Chapter 4715. of the Revised    2,580        

Code, a physical therapist licensed under this chapter, or a       2,581        

chiropractor licensed under Chapter 4734. of the Revised Code.     2,582        

ATHLETIC TRAINING INCLUDES THE ADMINISTRATION OF TOPICAL DRUGS     2,583        

THAT HAVE BEEN PRESCRIBED BY A LICENSED HEALTH PROFESSIONAL        2,584        

AUTHORIZED TO PRESCRIBE DRUGS, AS DEFINED IN SECTION 4729.01 OF    2,585        

THE REVISED CODE.  Athletic training also includes the             2,586        

organization and administration of educational programs and        2,587        

athletic facilities, and the education of and consulting with the  2,588        

public as it pertains to athletic training.                        2,589        

      (B)  "Athletic trainer" means a person who meets the         2,591        

qualifications of this chapter for licensure and who is employed   2,592        

by an educational institution, professional or amateur             2,593        

                                                          55     


                                                                 
organization, athletic facility, or health care facility to        2,594        

practice athletic training.                                        2,595        

      (C)  "The national athletic trainers association, inc."      2,597        

means the national professional organization of athletic trainers  2,598        

that provides direction and leadership for quality athletic        2,599        

training practice, education, and research.                        2,600        

      (D)  "Athletic injury" means any injury sustained by an      2,602        

individual that affects the individual's participation or          2,603        

performance in sports, games, recreation, exercise, or other       2,604        

activity that requires physical strength, agility, flexibility,    2,605        

speed, stamina, or range of motion.                                             

      Section 2.  That existing sections 4725.09, 4725.26,         2,607        

4731.143, 4731.20, 4731.22, 4731.222, 4731.224, 4731.281,          2,609        

4731.29, 4731.31, 4731.294, 4731.31, 4731.34, 4731.341, 4731.35,   2,610        

4731.36, 4731.51, 4731.52, 4731.53, 4731.55, 4731.56, 4731.57,     2,612        

4731.571, 4731.572, 4731.60, 4731.66, 4731.85, 4755.40, and                     

4755.60 of the Revised Code are hereby repealed.                   2,613        

      Section 3.  The amendments made by this act to sections      2,615        

4731.281, 4731.29, 4731.294, 4731.34, 4731.341, and 4731.36 and    2,617        

enactment of section 4731.296 of the Revised Code are not          2,618        

intended to modify division (D) of section 1751.08 of the Revised  2,619        

Code or Ohio Attorney General Opinion 99-044.                                   

      Section 4.  Not later than August 31, 2001, the State        2,621        

Medical Board shall complete its initial adoption of rules under   2,622        

section 4731.053 of the Revised Code with respect to physician     2,623        

delegation of medical tasks to persons who are not licensed or     2,624        

otherwise specifically authorized by the Revised Code to perform   2,625        

medical tasks.                                                     2,626        

      Section 5.  Section 4731.22 of the Revised Code is           2,628        

presented in this act as a composite of the section as amended by  2,629        

both Sub. H.B. 448 and Am. Sub. S.B. 278 of the 123rd General      2,630        

Assembly, with the new language of neither of the acts shown in    2,631        

capital letters.  This is in recognition of the principle stated   2,632        

in division (B) of section 1.52 of the Revised Code that such      2,633        

                                                          56     


                                                                 
amendments are to be harmonized where not substantively            2,634        

irreconcilable and constitutes a legislative finding that such is  2,635        

the resulting version in effect prior to the effective date of     2,636        

this act.