As Reported by House Health, Retirement, & Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H.B. No. 90 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-KREBS-D. MILLER-SCHUCK- 8
OPFER-PRINGLE-BARRETT-ROMAN-BARNES-VAN VYVEN 9
_________________________________________________________________ 10
A B I L L
To amend section 4731.22 and to enact section 12
4731.227 of the Revised Code to permit physicians 13
to use alternative medical treatments if the risk 14
of harm is reasonable when compared to the 16
potential benefit, the patient provides informed 17
consent, and the treatment is consistent with 19
the standards enforced by the State Medical
Board. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 4731.22 be amended and section 23
4731.227 of the Revised Code be enacted to read as follows: 24
Sec. 4731.22. (A) The state medical board, by an 34
affirmative vote of not fewer than six of its members, may revoke 35
or may refuse to grant a certificate to a person found by the 36
board to have committed fraud during the administration of the 37
examination for a certificate to practice or to have committed 39
fraud, misrepresentation, or deception in applying for or 40
securing any certificate to practice or certificate of
registration issued by the board. 41
(B) The board, by an affirmative vote of not fewer than 44
six members, shall, to the extent permitted by law, limit, 45
revoke, or suspend an individual's certificate to practice, 47
refuse to register an individual, refuse to reinstate a 49
certificate, or reprimand or place on probation the holder of a 51
certificate for one or more of the following reasons:
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(1) Permitting one's name or one's certificate to practice 53
or certificate of registration to be used by a person, group, or 55
corporation when the individual concerned is not actually 56
directing the treatment given; 57
(2) Failure to maintain minimal standards applicable to 60
the selection or administration of drugs, or failure to employ 61
acceptable scientific methods in the selection of drugs or other 62
modalities for treatment of disease; 63
(3) Selling, giving away, personally furnishing, 65
prescribing, or administering drugs for other than legal and 66
legitimate therapeutic purposes or a plea of guilty to, a 68
judicial finding of guilt of, or a judicial finding of 69
eligibility for treatment in lieu of conviction of, a violation 71
of any federal or state law regulating the possession,
distribution, or use of any drug; 72
(4) Willfully betraying a professional confidence. 74
For purposes of this division, "willfully betraying a 76
professional confidence" does not include the making of a report 77
of an employee's use of a drug of abuse, or a report of a 78
condition of an employee other than one involving the use of a 79
drug of abuse, to the employer of the employee as described in 80
division (B) of section 2305.33 of the Revised Code. Nothing in 82
this division affects the immunity from civil liability conferred 84
by that section upon a physician who makes either type of report 85
in accordance with division (B) of that section. As used in this 86
division, "employee," "employer," and "physician" have the same 87
meanings as in section 2305.33 of the Revised Code. 88
(5) Making a false, fraudulent, deceptive, or misleading 91
statement in the solicitation of or advertising for patients; in 93
relation to the practice of medicine and surgery, osteopathic 94
medicine and surgery, podiatry, or a limited branch of medicine; 95
or in securing or attempting to secure any certificate to 97
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 99
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misleading statement" means a statement that includes a 100
misrepresentation of fact, is likely to mislead or deceive 101
because of a failure to disclose material facts, is intended or 102
is likely to create false or unjustified expectations of 103
favorable results, or includes representations or implications 104
that in reasonable probability will cause an ordinarily prudent 105
person to misunderstand or be deceived. 106
(6) A departure from, or the failure to conform to, 108
minimal standards of care of similar practitioners under the same 109
or similar circumstances, whether or not actual injury to a 110
patient is established;. THE USE OF AN ALTERNATIVE MEDICAL 111
TREATMENT, AS DEFINED IN SECTION 4731.227 OF THE REVISED CODE, IS 112
NOT IN AND OF ITSELF A DEPARTURE FROM OR FAILURE TO CONFORM TO 113
MINIMAL STANDARDS OF CARE.
(7) Representing, with the purpose of obtaining 115
compensation or other advantage as personal gain or for any other 117
person, that an incurable disease or injury, or other incurable 118
condition, can be permanently cured; 119
(8) The obtaining of, or attempting to obtain, money or 121
anything of value by fraudulent misrepresentations in the course 122
of practice; 123
(9) A plea of guilty to, a judicial finding of guilt of, 126
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 127
(10) Commission of an act that constitutes a felony in 129
this state, regardless of the jurisdiction in which the act was 130
committed; 131
(11) A plea of guilty to, a judicial finding of guilt of, 134
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 135
practice;
(12) Commission of an act in the course of practice that 137
constitutes a misdemeanor in this state, regardless of the 139
jurisdiction in which the act was committed; 140
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(13) A plea of guilty to, a judicial finding of guilt of, 143
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 144
(14) Commission of an act involving moral turpitude that 146
constitutes a misdemeanor in this state, regardless of the 148
jurisdiction in which the act was committed; 149
(15) Violation of the conditions of limitation placed by 151
the board upon a certificate to practice; 152
(16) Failure to pay license renewal fees specified in this 154
chapter; 155
(17) Except as authorized in section 4731.31 of the 157
Revised Code, engaging in the division of fees for referral of 159
patients, or the receiving of a thing of value in return for a 160
specific referral of a patient to utilize a particular service or 161
business;
(18) Subject to section 4731.226 of the Revised Code, 163
violation of any provision of a code of ethics of the American 165
medical association, the American osteopathic association, the 166
American podiatric medical association, or any other national 167
professional organizations that the board specifies by rule. The 169
state medical board shall obtain and keep on file current copies 170
of the codes of ethics of the various national professional 171
organizations. The individual whose certificate is being 172
suspended or revoked shall not be found to have violated any 174
provision of a code of ethics of an organization not appropriate 175
to the individual's profession. 176
For purposes of this division, a "provision of a code of 179
ethics of a national professional organization" does not include 180
any provision that would preclude the making of a report by a 181
physician of an employee's use of a drug of abuse, or of a 182
condition of an employee other than one involving the use of a 183
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 185
this division affects the immunity from civil liability conferred 186
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by that section upon a physician who makes either type of report 187
in accordance with division (B) of that section. As used in this 188
division, "employee," "employer," and "physician" have the same 189
meanings as in section 2305.33 of the Revised Code. 190
(19) Inability to practice according to acceptable and 192
prevailing standards of care by reason of mental illness or 193
physical illness, including, but not limited to, physical 194
deterioration that adversely affects cognitive, motor, or 195
perceptive skills. 196
In enforcing this division, the board, upon a showing of a 199
possible violation, may compel any individual authorized to 200
practice by this chapter or who has submitted an application 202
pursuant to this chapter to submit to a mental examination, 204
physical examination, including an HIV test, or both a mental and 206
a physical examination. The expense of the examination is the 208
responsibility of the individual compelled to be examined. 209
Failure to submit to a mental or physical examination or consent 210
to an HIV test ordered by the board constitutes an admission of 211
the allegations against the individual unless the failure is due 213
to circumstances beyond the individual's control, and a default 214
and final order may be entered without the taking of testimony or 215
presentation of evidence. If the board finds an individual 216
unable to practice because of the reasons set forth in this 218
division, the board shall require the individual to submit to 219
care, counseling, or treatment by physicians approved or 220
designated by the board, as a condition for initial, continued, 221
reinstated, or renewed authority to practice. An individual 223
affected under this division shall be afforded an opportunity to 225
demonstrate to the board the ability to resume practice in 226
compliance with acceptable and prevailing standards under the 227
provisions of the individual's certificate. For the purpose of 229
this division, any individual who applies for or receives a 230
certificate to practice under this chapter accepts the privilege 231
of practicing in this state and, by so doing, shall be deemed to 234
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have given consent to submit to a mental or physical examination 235
when directed to do so in writing by the board, and to have 236
waived all objections to the admissibility of testimony or 237
examination reports that constitute a privileged communication. 238
(20) Except when civil penalties are imposed under section 240
4731.225 or 4731.281 of the Revised Code, and subject to section 241
4731.226 of the Revised Code, violating or attempting to violate, 243
directly or indirectly, or assisting in or abetting the violation 244
of, or conspiring to violate, any provisions of this chapter or 245
any rule promulgated by the board.
This division does not apply to a violation or attempted 247
violation of, assisting in or abetting the violation of, or a 248
conspiracy to violate, any provision of this chapter or any rule 249
adopted by the board that would preclude the making of a report 252
by a physician of an employee's use of a drug of abuse, or of a 253
condition of an employee other than one involving the use of a 254
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 256
this division affects the immunity from civil liability conferred 257
by that section upon a physician who makes either type of report 258
in accordance with division (B) of that section. As used in this 259
division, "employee," "employer," and "physician" have the same 260
meanings as in section 2305.33 of the Revised Code. 261
(21) The violation of any abortion rule adopted by the 263
public health council pursuant to section 3701.341 of the Revised 264
Code; 265
(22) Any of the following actions taken by the state 267
agency responsible for regulating the practice of medicine and 268
surgery, osteopathic medicine and surgery, podiatry, or the 269
limited branches of medicine in another state, for any reason 270
other than the nonpayment of fees: the limitation, revocation, 271
or suspension of an individual's license to practice; acceptance 272
of an individual's license surrender; denial of a license; 273
refusal to renew or reinstate a license; imposition of probation; 275
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or issuance of an order of censure or other reprimand; 276
(23) The violation of section 2919.12 of the Revised Code 278
or the performance or inducement of an abortion upon a pregnant 279
woman with actual knowledge that the conditions specified in 280
division (B) of section 2317.56 of the Revised Code have not been 281
satisfied or with a heedless indifference as to whether those 282
conditions have been satisfied, unless an affirmative defense as 283
specified in division (H)(2) of that section would apply in a 284
civil action authorized by division (H)(1) of that section; 285
(24) The revocation, suspension, restriction, reduction, 287
or termination of clinical privileges by the United States 289
department of defense or department of veterans affairs or the 291
termination or suspension of a certificate of registration to 292
prescribe drugs by the drug enforcement administration of the 293
United States department of justice; 294
(25) Termination or suspension from participation in the 296
medicare or medicaid programs by the department of health and 298
human services or other responsible agency for any act or acts 299
that also would constitute a violation of division (B)(2), (3), 300
(6), (8), or (19) of this section; 301
(26) Impairment of ability to practice according to 303
acceptable and prevailing standards of care because of habitual 304
or excessive use or abuse of drugs, alcohol, or other substances 305
that impair ability to practice. 306
For the purposes of this division, any individual 308
authorized to practice by this chapter accepts the privilege of 310
practicing in this state subject to supervision by the board. By 311
filing an application for or holding a certificate to practice 314
under this chapter, an individual shall be deemed to have given 316
consent to submit to a mental or physical examination when 317
ordered to do so by the board in writing, and to have waived all 318
objections to the admissibility of testimony or examination 319
reports that constitute privileged communications. 320
If it has reason to believe that any individual authorized 322
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to practice by this chapter or any applicant for certification to 324
practice suffers such impairment, the board may compel the 325
individual to submit to a mental or physical examination, or 326
both. The expense of the examination is the responsibility of 328
the individual compelled to be examined. Any mental or physical 330
examination required under this division shall be undertaken by a 331
treatment provider or physician who is qualified to conduct the 332
examination and who is chosen by the board. 333
Failure to submit to a mental or physical examination 336
ordered by the board constitutes an admission of the allegations 337
against the individual unless the failure is due to circumstances 338
beyond the individual's control, and a default and final order 339
may be entered without the taking of testimony or presentation of 340
evidence. If the board determines that the individual's ability 341
to practice is impaired, the board shall suspend the individual's 342
certificate or deny the individual's application and shall 343
require the individual, as a condition for initial, continued, 344
reinstated, or renewed certification to practice, to submit to 346
treatment.
Before being eligible to apply for reinstatement of a 348
certificate suspended under this division, the impaired 350
practitioner shall demonstrate to the board the ability to resume 352
practice in compliance with acceptable and prevailing standards 353
of care under the provisions of the practitioner's certificate. 354
The demonstration shall include, but shall not be limited to, the 356
following:
(a) Certification from a treatment provider approved under 358
section 4731.25 of the Revised Code that the individual has 360
successfully completed any required inpatient treatment; 361
(b) Evidence of continuing full compliance with an 363
aftercare contract or consent agreement; 364
(c) Two written reports indicating that the individual's 366
ability to practice has been assessed and that the individual has 367
been found capable of practicing according to acceptable and 368
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prevailing standards of care. The reports shall be made by 369
individuals or providers approved by the board for making the 370
assessments and shall describe the basis for their determination. 371
The board may reinstate a certificate suspended under this 374
division after that demonstration and after the individual has 375
entered into a written consent agreement. 376
When the impaired practitioner resumes practice, the board 378
shall require continued monitoring of the individual. The 380
monitoring shall include, but not be limited to, compliance with 382
the written consent agreement entered into before reinstatement 383
or with conditions imposed by board order after a hearing, and, 384
upon termination of the consent agreement, submission to the 385
board for at least two years of annual written progress reports 386
made under penalty of perjury stating whether the individual has 387
maintained sobriety. 388
(27) A second or subsequent violation of section 4731.66 390
or 4731.69 of the Revised Code; 391
(28) Except as provided in division (N) of this section: 393
(a) Waiving the payment of all or any part of a deductible 396
or copayment that a patient, pursuant to a health insurance or 397
health care policy, contract, or plan that covers the 398
individual's services, otherwise would be required to pay if the 400
waiver is used as an enticement to a patient or group of patients 401
to receive health care services from that individual; 402
(b) Advertising that the individual will waive the payment 405
of all or any part of a deductible or copayment that a patient, 406
pursuant to a health insurance or health care policy, contract, 407
or plan that covers the individual's services, otherwise would be 409
required to pay. 410
(29) Failure to use universal blood and body fluid 412
precautions established by rules adopted under section 4731.051 413
of the Revised Code; 414
(30) Failure of a collaborating physician to perform the 417
responsibilities agreed to by the physician in the protocol 418
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established between the physician and an advanced practice nurse 419
in accordance with section 4723.56 of the Revised Code; 420
(31) Failure to provide notice to, and receive 422
acknowledgment of the notice from, a patient when required by 424
section 4731.143 of the Revised Code prior to providing 425
nonemergency professional services, or failure to maintain that 426
notice in the patient's file;
(32) Failure of a physician supervising a physician 428
assistant to maintain supervision in accordance with the 429
requirements of Chapter 4730. of the Revised Code and the rules 430
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 432
standard care arrangement with a clinical nurse specialist, 433
certified nurse-midwife, or certified nurse practitioner with 434
whom the physician or podiatrist is in collaboration pursuant to 435
section 4731.27 of the Revised Code and practice in accordance 436
with the arrangement;
(34) Failure to comply with the terms of a consult 438
agreement entered into with a pharmacist pursuant to section 439
4729.39 of the Revised Code; 440
(35) Failure to cooperate in an investigation conducted by 442
the board under division (F) of this section, including failure 444
to comply with a subpoena or order issued by the board or failure 445
to answer truthfully a question presented by the board at a 446
deposition or in written interrogatories, except that failure to 447
cooperate with an investigation shall not constitute grounds for 448
discipline under this section if a court of competent 449
jurisdiction has issued an order that either quashes a subpoena 450
or permits the individual to withhold the testimony or evidence 451
in issue.
(C) Disciplinary actions taken by the board under 453
divisions (A) and (B) of this section shall be taken pursuant to 454
an adjudication under Chapter 119. of the Revised Code, except 455
that in lieu of an adjudication, the board may enter into a 456
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consent agreement with an individual to resolve an allegation of 457
a violation of this chapter or any rule adopted under it. A 458
consent agreement, when ratified by an affirmative vote of not 459
fewer than six members of the board, shall constitute the 460
findings and order of the board with respect to the matter 461
addressed in the agreement. If the board refuses to ratify a 462
consent agreement, the admissions and findings contained in the 463
consent agreement shall be of no force or effect. 464
(D) For purposes of divisions (B)(10), (12), and (14) of 466
this section, the commission of the act may be established by a 467
finding by the board, pursuant to an adjudication under Chapter 469
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 472
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 475
The board has jurisdiction under those divisions if the trial 476
court issues an order of dismissal upon technical or procedural 477
grounds.
(E) The sealing of conviction records by any court shall 479
have no effect upon a prior board order entered under this 480
section or upon the board's jurisdiction to take action under 481
this section if, based upon a plea of guilty, a judicial finding 483
of guilt, or a judicial finding of eligibility for treatment in 484
lieu of conviction, the board issued a notice of opportunity for 485
a hearing prior to the court's order to seal the records. The 486
board shall not be required to seal, destroy, redact, or 487
otherwise modify its records to reflect the court's sealing of 488
conviction records. 489
(F)(1) The board shall investigate evidence that appears 491
to show that a person has violated any provision of this chapter 493
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 495
appears to show a violation of any provision of this chapter or 496
any rule adopted under it. In the absence of bad faith, any 498
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person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 500
of the Revised Code shall not be liable in damages in a civil 501
action as a result of the report or testimony. Each complaint or 503
allegation of a violation received by the board shall be assigned 504
a case number and shall be recorded by the board. 505
(2) Investigations of alleged violations of this chapter 507
or any rule adopted under it shall be supervised by the 509
supervising member elected by the board in accordance with 510
section 4731.02 of the Revised Code and by the secretary as 511
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 513
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 515
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 518
or any rule adopted under this chapter, the board may administer 520
oaths, order the taking of depositions, issue subpoenas, and 521
compel the attendance of witnesses and production of books, 522
accounts, papers, records, documents, and testimony, except that 523
a subpoena for patient record information shall not be issued 524
without consultation with the attorney general's office and 525
approval of the secretary and supervising member of the board. 527
Before issuance of a subpoena for patient record information, the 528
secretary and supervising member shall determine whether there is 531
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 532
the records sought are relevant to the alleged violation and 534
material to the investigation. The subpoena may apply only to 535
records that cover a reasonable period of time surrounding the 536
alleged violation. 537
On failure to comply with any subpoena issued by the board 540
and after reasonable notice to the person being subpoenaed, the 541
board may move for an order compelling the production of persons 542
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or records pursuant to the Rules of Civil Procedure. 543
A subpoena issued by the board may be served by a sheriff, 545
the sheriff's deputy, or a board employee designated by the 546
board. Service of a subpoena issued by the board may be made by 548
delivering a copy of the subpoena to the person named therein, 549
reading it to the person, or leaving it at the person's usual 550
place of residence. When the person being served is a person 551
whose practice is authorized by this chapter, service of the 552
subpoena may be made by certified mail, restricted delivery, 553
return receipt requested, and the subpoena shall be deemed served 554
on the date delivery is made or the date the person refuses to 555
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 557
same fees as a sheriff. Each witness who appears before the 559
board in obedience to a subpoena shall receive the fees and 561
mileage provided for witnesses in civil cases in the courts of 562
common pleas.
(4) All hearings and investigations of the board shall be 564
considered civil actions for the purposes of section 2305.251 of 565
the Revised Code. 566
(5) Information received by the board pursuant to an 568
investigation is confidential and not subject to discovery in any 569
civil action. 570
The board shall conduct all investigations and proceedings 572
in a manner that protects the confidentiality of patients and 574
persons who file complaints with the board. The board shall not 576
make public the names or any other identifying information about 577
patients or complainants unless proper consent is given or, in 578
the case of a patient, a waiver of the patient privilege exists 579
under division (B) of section 2317.02 of the Revised Code, except 580
that consent or a waiver of that nature is not required if the 581
board possesses reliable and substantial evidence that no bona 583
fide physician-patient relationship exists. 584
The board may share any information it receives pursuant to 587
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an investigation, including patient records and patient record 588
information, with other licensing boards and governmental 589
agencies that are investigating alleged professional misconduct 590
and with law enforcement agencies and other governmental agencies 592
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 593
the same requirements regarding confidentiality as those with 594
which the state medical board must comply, notwithstanding any 595
conflicting provision of the Revised Code or procedure of the 597
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 599
admitted into evidence in a criminal trial in accordance with the 600
Rules of Evidence, but the court shall require that appropriate 601
measures are taken to ensure that confidentiality is maintained 602
with respect to any part of the information that contains names 603
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 604
when the information was in the board's possession. Measures to 605
ensure confidentiality that may be taken by the court include 606
sealing its records or deleting specific information from its 608
records.
(6) On a quarterly basis, the board shall prepare a report 610
that documents the disposition of all cases during the preceding 611
three months. The report shall contain the following information 612
for each case with which the board has completed its activities: 613
(a) The case number assigned to the complaint or alleged 615
violation; 616
(b) The type of certificate to practice, if any, held by 619
the individual against whom the complaint is directed; 620
(c) A description of the allegations contained in the 622
complaint; 623
(d) The disposition of the case. 625
The report shall state how many cases are still pending and 628
shall be prepared in a manner that protects the identity of each 630
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person involved in each case. The report shall be a public 631
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 633
there is clear and convincing evidence that an individual has 635
violated division (B) of this section and that the individual's 636
continued practice presents a danger of immediate and serious 638
harm to the public, they may recommend that the board suspend the 639
individual's certificate to practice without a prior hearing. 641
Written allegations shall be prepared for consideration by the
board. 642
The board, upon review of those allegations and by an 644
affirmative vote of not fewer than six of its members, excluding 646
the secretary and supervising member, may suspend a certificate 647
without a prior hearing. A telephone conference call may be 648
utilized for reviewing the allegations and taking the vote on the 649
summary suspension. 650
The board shall issue a written order of suspension by 652
certified mail or in person in accordance with section 119.07 of 653
the Revised Code. The order shall not be subject to suspension 655
by the court during pendency of any appeal filed under section 656
119.12 of the Revised Code. If the individual subject to the 658
summary suspension requests an adjudicatory hearing by the board, 659
the date set for the hearing shall be within fifteen days, but 660
not earlier than seven days, after the individual requests the 662
hearing, unless otherwise agreed to by both the board and the 663
individual.
Any summary suspension imposed under this division shall 665
remain in effect, unless reversed on appeal, until a final 666
adjudicative order issued by the board pursuant to this section 667
and Chapter 119. of the Revised Code becomes effective. The 668
board shall issue its final adjudicative order within sixty days 669
after completion of its hearing. A failure to issue the order 670
within sixty days shall result in dissolution of the summary 671
suspension order but shall not invalidate any subsequent, final 672
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adjudicative order. 673
(H) If the board takes action under division (B)(9), (11), 676
or (13) of this section and the judicial finding of guilt, guilty 677
plea, or judicial finding of eligibility for treatment in lieu of 678
conviction is overturned on appeal, upon exhaustion of the 680
criminal appeal, a petition for reconsideration of the order may 681
be filed with the board along with appropriate court documents. 682
Upon receipt of a petition of that nature and supporting court 683
documents, the board shall reinstate the individual's certificate 684
to practice. The board may then hold an adjudication under 685
Chapter 119. of the Revised Code to determine whether the 686
individual committed the act in question. Notice of an 688
opportunity for a hearing shall be given in accordance with 689
Chapter 119. of the Revised Code. If the board finds, pursuant 690
to an adjudication held under this division, that the individual 691
committed the act or if no hearing is requested, the board may 693
order any of the sanctions identified under division (B) of this 694
section.
(I) The certificate to practice issued to an individual 696
under this chapter and the individual's practice in this state 698
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 700
subject to a judicial finding of eligibility for treatment in 701
lieu of conviction for any of the following criminal offenses in 703
this state or a substantially equivalent criminal offense in 704
another jurisdiction: aggravated murder, murder, voluntary 705
manslaughter, felonious assault, kidnapping, rape, sexual 706
battery, gross sexual imposition, aggravated arson, aggravated 707
robbery, or aggravated burglary. Continued practice after 709
suspension shall be considered practicing without a certificate. 710
The board shall notify the individual subject to the 713
suspension by certified mail or in person in accordance with 714
section 119.07 of the Revised Code. If an individual whose 715
certificate is suspended under this division fails to make a 716
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timely request for an adjudication under Chapter 119. of the 717
Revised Code, the board shall enter a final order permanently 718
revoking the individual's certificate to practice. 719
(J) If the board is required by Chapter 119. of the 722
Revised Code to give notice of an opportunity for a hearing and 723
if the individual subject to the notice does not timely request a 724
hearing in accordance with section 119.07 of the Revised Code, 726
the board is not required to hold a hearing, but may adopt, by an 727
affirmative vote of not fewer than six of its members, a final 729
order that contains the board's findings. In that final order, 730
the board may order any of the sanctions identified under 731
division (A) or (B) of this section. 732
(K) Any action taken by the board under division (B) of 734
this section resulting in a suspension from practice shall be 735
accompanied by a written statement of the conditions under which 736
the individual's certificate to practice may be reinstated. The 738
board shall adopt rules governing conditions to be imposed for 739
reinstatement. Reinstatement of a certificate suspended pursuant 740
to division (B) of this section requires an affirmative vote of 741
not fewer than six members of the board. 742
(L) When the board refuses to grant a certificate to an 745
applicant, revokes an individual's certificate to practice, 747
refuses to register an applicant, or refuses to reinstate an 748
individual's certificate to practice, the board may specify that 749
its action is permanent. An individual subject to a permanent 750
action taken by the board is forever thereafter ineligible to 751
hold a certificate to practice and the board shall not accept an 752
application for reinstatement of the certificate or for issuance 753
of a new certificate.
(M) Notwithstanding any other provision of the Revised 755
Code, all of the following apply: 756
(1) The surrender of a certificate issued under this 758
chapter shall not be effective unless or until accepted by the 760
board. Reinstatement of a certificate surrendered to the board 761
18
requires an affirmative vote of not fewer than six members of the 762
board.
(2) An application for a certificate made under the 765
provisions of this chapter may not be withdrawn without approval 767
of the board.
(3) Failure by an individual to renew a certificate of 770
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 772
under this section against the individual. 773
(N) Sanctions shall not be imposed under division (B)(28) 776
of this section against any person who waives deductibles and 777
copayments as follows:
(1) In compliance with the health benefit plan that 779
expressly allows such a practice. Waiver of the deductibles or 780
copayments shall be made only with the full knowledge and consent 781
of the plan purchaser, payer, and third-party administrator. 782
Documentation of the consent shall be made available to the board 783
upon request.
(2) For professional services rendered to any other person 785
authorized to practice pursuant to this chapter, to the extent 787
allowed by this chapter and rules adopted by the board. 788
(O) Under the board's investigative duties described in 790
this section and subject to division (F) of this section, the 792
board shall develop and implement a quality intervention program 794
designed to improve through remedial education the clinical and 796
communication skills of individuals authorized under this chapter 797
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 799
quality intervention program, the board may do all of the 800
following:
(1) Offer in appropriate cases as determined by the board 802
an educational and assessment program pursuant to an 803
investigation the board conducts under this section; 804
(2) Select providers of educational and assessment 806
19
services, including a quality intervention program panel of case 807
reviewers;
(3) Make referrals to educational and assessment service 810
providers and approve individual educational programs recommended 811
by those providers. The board shall monitor the progress of each 812
individual undertaking a recommended individual educational 813
program. 814
(4) Determine what constitutes successful completion of an 816
individual educational program and require further monitoring of 817
the individual who completed the program or other action that the 819
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 821
Revised Code to further implement the quality intervention 823
program.
An individual who participates in an individual educational 826
program pursuant to this division shall pay the financial 827
obligations arising from that educational program. 828
Sec. 4731.227. AS USED IN THIS SECTION, "ALTERNATIVE 830
MEDICAL TREATMENT" MEANS A TREATMENT THAT DIFFERS FROM TREATMENTS 832
USED IN ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE BUT IS
REASONABLE WHEN ITS BENEFITS ARE COMPARED TO THE RISK OF HARM OF 834
THE ALTERNATIVE MEDICAL TREATMENT ITSELF OR OF THE FAILURE TO
UTILIZE ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE. 835
AN INDIVIDUAL AUTHORIZED TO PRACTICE MEDICINE AND SURGERY 837
OR OSTEOPATHIC MEDICINE AND SURGERY MAY USE ALTERNATIVE MEDICAL 838
TREATMENTS IF THE PATIENT PROVIDES INFORMED CONSENT AND THE 839
TREATMENT IS CONSISTENT WITH THE STANDARDS ENFORCED BY THE STATE 840
MEDICAL BOARD PURSUANT TO SECTION 4731.22 OF THE REVISED CODE AND
ANY RULES ADOPTED BY THE BOARD. 841
Section 2. That existing section 4731.22 of the Revised 844
Code is hereby repealed.