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
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(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.
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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
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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
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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
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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
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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
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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
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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.