As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. H.B. No. 90 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-KREBS-D. MILLER-OPFER-PRINGLE- 8
BARRETT-ROMAN-BARNES-VAN VYVEN-GARDNER-ASLANIDES- 9
MOTTLEY-O'BRIEN-MEAD-ALLEN-SULLIVAN-GRENDELL-SUTTON- BENDER 11
_________________________________________________________________ 12
A B I L L
To amend section 4731.22 and to enact section 14
4731.227 of the Revised Code to permit physicians 15
to use alternative medical treatments if the risk 16
of harm is reasonable when compared to the 18
potential benefit, the patient provides informed 19
consent, and the treatment is consistent with 21
the standards enforced by the State Medical
Board. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 4731.22 be amended and section 25
4731.227 of the Revised Code be enacted to read as follows: 26
Sec. 4731.22. (A) The state medical board, by an 36
affirmative vote of not fewer than six of its members, may revoke 37
or may refuse to grant a certificate to a person found by the 38
board to have committed fraud during the administration of the 39
examination for a certificate to practice or to have committed 41
fraud, misrepresentation, or deception in applying for or 42
securing any certificate to practice or certificate of
registration issued by the board. 43
(B) The board, by an affirmative vote of not fewer than 46
six members, shall, to the extent permitted by law, limit, 47
revoke, or suspend an individual's certificate to practice, 49
refuse to register an individual, refuse to reinstate a 51
certificate, or reprimand or place on probation the holder of a 53
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certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 55
or certificate of registration to be used by a person, group, or 57
corporation when the individual concerned is not actually 58
directing the treatment given; 59
(2) Failure to maintain minimal standards applicable to 62
the selection or administration of drugs, or failure to employ 63
acceptable scientific methods in the selection of drugs or other 64
modalities for treatment of disease; 65
(3) Selling, giving away, personally furnishing, 67
prescribing, or administering drugs for other than legal and 68
legitimate therapeutic purposes or a plea of guilty to, a 70
judicial finding of guilt of, or a judicial finding of 71
eligibility for treatment in lieu of conviction of, a violation 73
of any federal or state law regulating the possession,
distribution, or use of any drug; 74
(4) Willfully betraying a professional confidence. 76
For purposes of this division, "willfully betraying a 78
professional confidence" does not include the making of a report 79
of an employee's use of a drug of abuse, or a report of a 80
condition of an employee other than one involving the use of a 81
drug of abuse, to the employer of the employee as described in 82
division (B) of section 2305.33 of the Revised Code. Nothing in 84
this division affects the immunity from civil liability conferred 86
by that section upon a physician who makes either type of report 87
in accordance with division (B) of that section. As used in this 88
division, "employee," "employer," and "physician" have the same 89
meanings as in section 2305.33 of the Revised Code. 90
(5) Making a false, fraudulent, deceptive, or misleading 93
statement in the solicitation of or advertising for patients; in 95
relation to the practice of medicine and surgery, osteopathic 96
medicine and surgery, podiatry, or a limited branch of medicine; 97
or in securing or attempting to secure any certificate to 99
practice or certificate of registration issued by the board.
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As used in this division, "false, fraudulent, deceptive, or 101
misleading statement" means a statement that includes a 102
misrepresentation of fact, is likely to mislead or deceive 103
because of a failure to disclose material facts, is intended or 104
is likely to create false or unjustified expectations of 105
favorable results, or includes representations or implications 106
that in reasonable probability will cause an ordinarily prudent 107
person to misunderstand or be deceived. 108
(6) A departure from, or the failure to conform to, 110
minimal standards of care of similar practitioners under the same 111
or similar circumstances, whether or not actual injury to a 112
patient is established;. THE USE OF AN ALTERNATIVE MEDICAL 113
TREATMENT, AS DEFINED IN SECTION 4731.227 OF THE REVISED CODE, IS 114
NOT IN AND OF ITSELF A DEPARTURE FROM OR FAILURE TO CONFORM TO 115
MINIMAL STANDARDS OF CARE.
(7) Representing, with the purpose of obtaining 117
compensation or other advantage as personal gain or for any other 119
person, that an incurable disease or injury, or other incurable 120
condition, can be permanently cured; 121
(8) The obtaining of, or attempting to obtain, money or 123
anything of value by fraudulent misrepresentations in the course 124
of practice; 125
(9) A plea of guilty to, a judicial finding of guilt of, 128
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 129
(10) Commission of an act that constitutes a felony in 131
this state, regardless of the jurisdiction in which the act was 132
committed; 133
(11) A plea of guilty to, a judicial finding of guilt of, 136
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 137
practice;
(12) Commission of an act in the course of practice that 139
constitutes a misdemeanor in this state, regardless of the 141
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jurisdiction in which the act was committed; 142
(13) A plea of guilty to, a judicial finding of guilt of, 145
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 146
(14) Commission of an act involving moral turpitude that 148
constitutes a misdemeanor in this state, regardless of the 150
jurisdiction in which the act was committed; 151
(15) Violation of the conditions of limitation placed by 153
the board upon a certificate to practice; 154
(16) Failure to pay license renewal fees specified in this 156
chapter; 157
(17) Except as authorized in section 4731.31 of the 159
Revised Code, engaging in the division of fees for referral of 161
patients, or the receiving of a thing of value in return for a 162
specific referral of a patient to utilize a particular service or 163
business;
(18) Subject to section 4731.226 of the Revised Code, 165
violation of any provision of a code of ethics of the American 167
medical association, the American osteopathic association, the 168
American podiatric medical association, or any other national 169
professional organizations that the board specifies by rule. The 171
state medical board shall obtain and keep on file current copies 172
of the codes of ethics of the various national professional 173
organizations. The individual whose certificate is being 174
suspended or revoked shall not be found to have violated any 176
provision of a code of ethics of an organization not appropriate 177
to the individual's profession. 178
For purposes of this division, a "provision of a code of 181
ethics of a national professional organization" does not include 182
any provision that would preclude the making of a report by a 183
physician of an employee's use of a drug of abuse, or of a 184
condition of an employee other than one involving the use of a 185
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 187
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this division affects the immunity from civil liability conferred 188
by that section upon a physician who makes either type of report 189
in accordance with division (B) of that section. As used in this 190
division, "employee," "employer," and "physician" have the same 191
meanings as in section 2305.33 of the Revised Code. 192
(19) Inability to practice according to acceptable and 194
prevailing standards of care by reason of mental illness or 195
physical illness, including, but not limited to, physical 196
deterioration that adversely affects cognitive, motor, or 197
perceptive skills. 198
In enforcing this division, the board, upon a showing of a 201
possible violation, may compel any individual authorized to 202
practice by this chapter or who has submitted an application 204
pursuant to this chapter to submit to a mental examination, 206
physical examination, including an HIV test, or both a mental and 208
a physical examination. The expense of the examination is the 210
responsibility of the individual compelled to be examined. 211
Failure to submit to a mental or physical examination or consent 212
to an HIV test ordered by the board constitutes an admission of 213
the allegations against the individual unless the failure is due 215
to circumstances beyond the individual's control, and a default 216
and final order may be entered without the taking of testimony or 217
presentation of evidence. If the board finds an individual 218
unable to practice because of the reasons set forth in this 220
division, the board shall require the individual to submit to 221
care, counseling, or treatment by physicians approved or 222
designated by the board, as a condition for initial, continued, 223
reinstated, or renewed authority to practice. An individual 225
affected under this division shall be afforded an opportunity to 227
demonstrate to the board the ability to resume practice in 228
compliance with acceptable and prevailing standards under the 229
provisions of the individual's certificate. For the purpose of 231
this division, any individual who applies for or receives a 232
certificate to practice under this chapter accepts the privilege 233
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of practicing in this state and, by so doing, shall be deemed to 236
have given consent to submit to a mental or physical examination 237
when directed to do so in writing by the board, and to have 238
waived all objections to the admissibility of testimony or 239
examination reports that constitute a privileged communication. 240
(20) Except when civil penalties are imposed under section 242
4731.225 or 4731.281 of the Revised Code, and subject to section 243
4731.226 of the Revised Code, violating or attempting to violate, 245
directly or indirectly, or assisting in or abetting the violation 246
of, or conspiring to violate, any provisions of this chapter or 247
any rule promulgated by the board.
This division does not apply to a violation or attempted 249
violation of, assisting in or abetting the violation of, or a 250
conspiracy to violate, any provision of this chapter or any rule 251
adopted by the board that would preclude the making of a report 254
by a physician of an employee's use of a drug of abuse, or of a 255
condition of an employee other than one involving the use of a 256
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 258
this division affects the immunity from civil liability conferred 259
by that section upon a physician who makes either type of report 260
in accordance with division (B) of that section. As used in this 261
division, "employee," "employer," and "physician" have the same 262
meanings as in section 2305.33 of the Revised Code. 263
(21) The violation of any abortion rule adopted by the 265
public health council pursuant to section 3701.341 of the Revised 266
Code; 267
(22) Any of the following actions taken by the state 269
agency responsible for regulating the practice of medicine and 270
surgery, osteopathic medicine and surgery, podiatry, or the 271
limited branches of medicine in another state, for any reason 272
other than the nonpayment of fees: the limitation, revocation, 273
or suspension of an individual's license to practice; acceptance 274
of an individual's license surrender; denial of a license; 275
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refusal to renew or reinstate a license; imposition of probation; 277
or issuance of an order of censure or other reprimand; 278
(23) The violation of section 2919.12 of the Revised Code 280
or the performance or inducement of an abortion upon a pregnant 281
woman with actual knowledge that the conditions specified in 282
division (B) of section 2317.56 of the Revised Code have not been 283
satisfied or with a heedless indifference as to whether those 284
conditions have been satisfied, unless an affirmative defense as 285
specified in division (H)(2) of that section would apply in a 286
civil action authorized by division (H)(1) of that section; 287
(24) The revocation, suspension, restriction, reduction, 289
or termination of clinical privileges by the United States 291
department of defense or department of veterans affairs or the 293
termination or suspension of a certificate of registration to 294
prescribe drugs by the drug enforcement administration of the 295
United States department of justice; 296
(25) Termination or suspension from participation in the 298
medicare or medicaid programs by the department of health and 300
human services or other responsible agency for any act or acts 301
that also would constitute a violation of division (B)(2), (3), 302
(6), (8), or (19) of this section; 303
(26) Impairment of ability to practice according to 305
acceptable and prevailing standards of care because of habitual 306
or excessive use or abuse of drugs, alcohol, or other substances 307
that impair ability to practice. 308
For the purposes of this division, any individual 310
authorized to practice by this chapter accepts the privilege of 312
practicing in this state subject to supervision by the board. By 313
filing an application for or holding a certificate to practice 316
under this chapter, an individual shall be deemed to have given 318
consent to submit to a mental or physical examination when 319
ordered to do so by the board in writing, and to have waived all 320
objections to the admissibility of testimony or examination 321
reports that constitute privileged communications. 322
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If it has reason to believe that any individual authorized 324
to practice by this chapter or any applicant for certification to 326
practice suffers such impairment, the board may compel the 327
individual to submit to a mental or physical examination, or 328
both. The expense of the examination is the responsibility of 330
the individual compelled to be examined. Any mental or physical 332
examination required under this division shall be undertaken by a 333
treatment provider or physician who is qualified to conduct the 334
examination and who is chosen by the board. 335
Failure to submit to a mental or physical examination 338
ordered by the board constitutes an admission of the allegations 339
against the individual unless the failure is due to circumstances 340
beyond the individual's control, and a default and final order 341
may be entered without the taking of testimony or presentation of 342
evidence. If the board determines that the individual's ability 343
to practice is impaired, the board shall suspend the individual's 344
certificate or deny the individual's application and shall 345
require the individual, as a condition for initial, continued, 346
reinstated, or renewed certification to practice, to submit to 348
treatment.
Before being eligible to apply for reinstatement of a 350
certificate suspended under this division, the impaired 352
practitioner shall demonstrate to the board the ability to resume 354
practice in compliance with acceptable and prevailing standards 355
of care under the provisions of the practitioner's certificate. 356
The demonstration shall include, but shall not be limited to, the 358
following:
(a) Certification from a treatment provider approved under 360
section 4731.25 of the Revised Code that the individual has 362
successfully completed any required inpatient treatment; 363
(b) Evidence of continuing full compliance with an 365
aftercare contract or consent agreement; 366
(c) Two written reports indicating that the individual's 368
ability to practice has been assessed and that the individual has 369
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been found capable of practicing according to acceptable and 370
prevailing standards of care. The reports shall be made by 371
individuals or providers approved by the board for making the 372
assessments and shall describe the basis for their determination. 373
The board may reinstate a certificate suspended under this 376
division after that demonstration and after the individual has 377
entered into a written consent agreement. 378
When the impaired practitioner resumes practice, the board 380
shall require continued monitoring of the individual. The 382
monitoring shall include, but not be limited to, compliance with 384
the written consent agreement entered into before reinstatement 385
or with conditions imposed by board order after a hearing, and, 386
upon termination of the consent agreement, submission to the 387
board for at least two years of annual written progress reports 388
made under penalty of perjury stating whether the individual has 389
maintained sobriety. 390
(27) A second or subsequent violation of section 4731.66 392
or 4731.69 of the Revised Code; 393
(28) Except as provided in division (N) of this section: 395
(a) Waiving the payment of all or any part of a deductible 398
or copayment that a patient, pursuant to a health insurance or 399
health care policy, contract, or plan that covers the 400
individual's services, otherwise would be required to pay if the 402
waiver is used as an enticement to a patient or group of patients 403
to receive health care services from that individual; 404
(b) Advertising that the individual will waive the payment 407
of all or any part of a deductible or copayment that a patient, 408
pursuant to a health insurance or health care policy, contract, 409
or plan that covers the individual's services, otherwise would be 411
required to pay. 412
(29) Failure to use universal blood and body fluid 414
precautions established by rules adopted under section 4731.051 415
of the Revised Code; 416
(30) Failure of a collaborating physician to perform the 419
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responsibilities agreed to by the physician in the protocol 420
established between the physician and an advanced practice nurse 421
in accordance with section 4723.56 of the Revised Code; 422
(31) Failure to provide notice to, and receive 424
acknowledgment of the notice from, a patient when required by 426
section 4731.143 of the Revised Code prior to providing 427
nonemergency professional services, or failure to maintain that 428
notice in the patient's file;
(32) Failure of a physician supervising a physician 430
assistant to maintain supervision in accordance with the 431
requirements of Chapter 4730. of the Revised Code and the rules 432
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 434
standard care arrangement with a clinical nurse specialist, 435
certified nurse-midwife, or certified nurse practitioner with 436
whom the physician or podiatrist is in collaboration pursuant to 437
section 4731.27 of the Revised Code and practice in accordance 438
with the arrangement;
(34) Failure to comply with the terms of a consult 440
agreement entered into with a pharmacist pursuant to section 441
4729.39 of the Revised Code; 442
(35) Failure to cooperate in an investigation conducted by 444
the board under division (F) of this section, including failure 446
to comply with a subpoena or order issued by the board or failure 447
to answer truthfully a question presented by the board at a 448
deposition or in written interrogatories, except that failure to 449
cooperate with an investigation shall not constitute grounds for 450
discipline under this section if a court of competent 451
jurisdiction has issued an order that either quashes a subpoena 452
or permits the individual to withhold the testimony or evidence 453
in issue.
(C) Disciplinary actions taken by the board under 455
divisions (A) and (B) of this section shall be taken pursuant to 456
an adjudication under Chapter 119. of the Revised Code, except 457
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that in lieu of an adjudication, the board may enter into a 458
consent agreement with an individual to resolve an allegation of 459
a violation of this chapter or any rule adopted under it. A 460
consent agreement, when ratified by an affirmative vote of not 461
fewer than six members of the board, shall constitute the 462
findings and order of the board with respect to the matter 463
addressed in the agreement. If the board refuses to ratify a 464
consent agreement, the admissions and findings contained in the 465
consent agreement shall be of no force or effect. 466
(D) For purposes of divisions (B)(10), (12), and (14) of 468
this section, the commission of the act may be established by a 469
finding by the board, pursuant to an adjudication under Chapter 471
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 474
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 477
The board has jurisdiction under those divisions if the trial 478
court issues an order of dismissal upon technical or procedural 479
grounds.
(E) The sealing of conviction records by any court shall 481
have no effect upon a prior board order entered under this 482
section or upon the board's jurisdiction to take action under 483
this section if, based upon a plea of guilty, a judicial finding 485
of guilt, or a judicial finding of eligibility for treatment in 486
lieu of conviction, the board issued a notice of opportunity for 487
a hearing prior to the court's order to seal the records. The 488
board shall not be required to seal, destroy, redact, or 489
otherwise modify its records to reflect the court's sealing of 490
conviction records. 491
(F)(1) The board shall investigate evidence that appears 493
to show that a person has violated any provision of this chapter 495
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 497
appears to show a violation of any provision of this chapter or 498
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any rule adopted under it. In the absence of bad faith, any 500
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 502
of the Revised Code shall not be liable in damages in a civil 503
action as a result of the report or testimony. Each complaint or 505
allegation of a violation received by the board shall be assigned 506
a case number and shall be recorded by the board. 507
(2) Investigations of alleged violations of this chapter 509
or any rule adopted under it shall be supervised by the 511
supervising member elected by the board in accordance with 512
section 4731.02 of the Revised Code and by the secretary as 513
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 515
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 517
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 520
or any rule adopted under this chapter, the board may administer 522
oaths, order the taking of depositions, issue subpoenas, and 523
compel the attendance of witnesses and production of books, 524
accounts, papers, records, documents, and testimony, except that 525
a subpoena for patient record information shall not be issued 526
without consultation with the attorney general's office and 527
approval of the secretary and supervising member of the board. 529
Before issuance of a subpoena for patient record information, the 530
secretary and supervising member shall determine whether there is 533
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 534
the records sought are relevant to the alleged violation and 536
material to the investigation. The subpoena may apply only to 537
records that cover a reasonable period of time surrounding the 538
alleged violation. 539
On failure to comply with any subpoena issued by the board 542
and after reasonable notice to the person being subpoenaed, the 543
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board may move for an order compelling the production of persons 544
or records pursuant to the Rules of Civil Procedure. 545
A subpoena issued by the board may be served by a sheriff, 547
the sheriff's deputy, or a board employee designated by the 548
board. Service of a subpoena issued by the board may be made by 550
delivering a copy of the subpoena to the person named therein, 551
reading it to the person, or leaving it at the person's usual 552
place of residence. When the person being served is a person 553
whose practice is authorized by this chapter, service of the 554
subpoena may be made by certified mail, restricted delivery, 555
return receipt requested, and the subpoena shall be deemed served 556
on the date delivery is made or the date the person refuses to 557
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 559
same fees as a sheriff. Each witness who appears before the 561
board in obedience to a subpoena shall receive the fees and 563
mileage provided for witnesses in civil cases in the courts of 564
common pleas.
(4) All hearings and investigations of the board shall be 566
considered civil actions for the purposes of section 2305.251 of 567
the Revised Code. 568
(5) Information received by the board pursuant to an 570
investigation is confidential and not subject to discovery in any 571
civil action. 572
The board shall conduct all investigations and proceedings 574
in a manner that protects the confidentiality of patients and 576
persons who file complaints with the board. The board shall not 578
make public the names or any other identifying information about 579
patients or complainants unless proper consent is given or, in 580
the case of a patient, a waiver of the patient privilege exists 581
under division (B) of section 2317.02 of the Revised Code, except 582
that consent or a waiver of that nature is not required if the 583
board possesses reliable and substantial evidence that no bona 585
fide physician-patient relationship exists. 586
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The board may share any information it receives pursuant to 589
an investigation, including patient records and patient record 590
information, with other licensing boards and governmental 591
agencies that are investigating alleged professional misconduct 592
and with law enforcement agencies and other governmental agencies 594
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 595
the same requirements regarding confidentiality as those with 596
which the state medical board must comply, notwithstanding any 597
conflicting provision of the Revised Code or procedure of the 599
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 601
admitted into evidence in a criminal trial in accordance with the 602
Rules of Evidence, but the court shall require that appropriate 603
measures are taken to ensure that confidentiality is maintained 604
with respect to any part of the information that contains names 605
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 606
when the information was in the board's possession. Measures to 607
ensure confidentiality that may be taken by the court include 608
sealing its records or deleting specific information from its 610
records.
(6) On a quarterly basis, the board shall prepare a report 612
that documents the disposition of all cases during the preceding 613
three months. The report shall contain the following information 614
for each case with which the board has completed its activities: 615
(a) The case number assigned to the complaint or alleged 617
violation; 618
(b) The type of certificate to practice, if any, held by 621
the individual against whom the complaint is directed; 622
(c) A description of the allegations contained in the 624
complaint; 625
(d) The disposition of the case. 627
The report shall state how many cases are still pending and 630
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shall be prepared in a manner that protects the identity of each 632
person involved in each case. The report shall be a public 633
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 635
there is clear and convincing evidence that an individual has 637
violated division (B) of this section and that the individual's 638
continued practice presents a danger of immediate and serious 640
harm to the public, they may recommend that the board suspend the 641
individual's certificate to practice without a prior hearing. 643
Written allegations shall be prepared for consideration by the
board. 644
The board, upon review of those allegations and by an 646
affirmative vote of not fewer than six of its members, excluding 648
the secretary and supervising member, may suspend a certificate 649
without a prior hearing. A telephone conference call may be 650
utilized for reviewing the allegations and taking the vote on the 651
summary suspension. 652
The board shall issue a written order of suspension by 654
certified mail or in person in accordance with section 119.07 of 655
the Revised Code. The order shall not be subject to suspension 657
by the court during pendency of any appeal filed under section 658
119.12 of the Revised Code. If the individual subject to the 660
summary suspension requests an adjudicatory hearing by the board, 661
the date set for the hearing shall be within fifteen days, but 662
not earlier than seven days, after the individual requests the 664
hearing, unless otherwise agreed to by both the board and the 665
individual.
Any summary suspension imposed under this division shall 667
remain in effect, unless reversed on appeal, until a final 668
adjudicative order issued by the board pursuant to this section 669
and Chapter 119. of the Revised Code becomes effective. The 670
board shall issue its final adjudicative order within sixty days 671
after completion of its hearing. A failure to issue the order 672
within sixty days shall result in dissolution of the summary 673
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suspension order but shall not invalidate any subsequent, final 674
adjudicative order. 675
(H) If the board takes action under division (B)(9), (11), 678
or (13) of this section and the judicial finding of guilt, guilty 679
plea, or judicial finding of eligibility for treatment in lieu of 680
conviction is overturned on appeal, upon exhaustion of the 682
criminal appeal, a petition for reconsideration of the order may 683
be filed with the board along with appropriate court documents. 684
Upon receipt of a petition of that nature and supporting court 685
documents, the board shall reinstate the individual's certificate 686
to practice. The board may then hold an adjudication under 687
Chapter 119. of the Revised Code to determine whether the 688
individual committed the act in question. Notice of an 690
opportunity for a hearing shall be given in accordance with 691
Chapter 119. of the Revised Code. If the board finds, pursuant 692
to an adjudication held under this division, that the individual 693
committed the act or if no hearing is requested, the board may 695
order any of the sanctions identified under division (B) of this 696
section.
(I) The certificate to practice issued to an individual 698
under this chapter and the individual's practice in this state 700
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 702
subject to a judicial finding of eligibility for treatment in 703
lieu of conviction for any of the following criminal offenses in 705
this state or a substantially equivalent criminal offense in 706
another jurisdiction: aggravated murder, murder, voluntary 707
manslaughter, felonious assault, kidnapping, rape, sexual 708
battery, gross sexual imposition, aggravated arson, aggravated 709
robbery, or aggravated burglary. Continued practice after 711
suspension shall be considered practicing without a certificate. 712
The board shall notify the individual subject to the 715
suspension by certified mail or in person in accordance with 716
section 119.07 of the Revised Code. If an individual whose 717
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certificate is suspended under this division fails to make a 718
timely request for an adjudication under Chapter 119. of the 719
Revised Code, the board shall enter a final order permanently 720
revoking the individual's certificate to practice. 721
(J) If the board is required by Chapter 119. of the 724
Revised Code to give notice of an opportunity for a hearing and 725
if the individual subject to the notice does not timely request a 726
hearing in accordance with section 119.07 of the Revised Code, 728
the board is not required to hold a hearing, but may adopt, by an 729
affirmative vote of not fewer than six of its members, a final 731
order that contains the board's findings. In that final order, 732
the board may order any of the sanctions identified under 733
division (A) or (B) of this section. 734
(K) Any action taken by the board under division (B) of 736
this section resulting in a suspension from practice shall be 737
accompanied by a written statement of the conditions under which 738
the individual's certificate to practice may be reinstated. The 740
board shall adopt rules governing conditions to be imposed for 741
reinstatement. Reinstatement of a certificate suspended pursuant 742
to division (B) of this section requires an affirmative vote of 743
not fewer than six members of the board. 744
(L) When the board refuses to grant a certificate to an 747
applicant, revokes an individual's certificate to practice, 749
refuses to register an applicant, or refuses to reinstate an 750
individual's certificate to practice, the board may specify that 751
its action is permanent. An individual subject to a permanent 752
action taken by the board is forever thereafter ineligible to 753
hold a certificate to practice and the board shall not accept an 754
application for reinstatement of the certificate or for issuance 755
of a new certificate.
(M) Notwithstanding any other provision of the Revised 757
Code, all of the following apply: 758
(1) The surrender of a certificate issued under this 760
chapter shall not be effective unless or until accepted by the 762
18
board. Reinstatement of a certificate surrendered to the board 763
requires an affirmative vote of not fewer than six members of the 764
board.
(2) An application for a certificate made under the 767
provisions of this chapter may not be withdrawn without approval 769
of the board.
(3) Failure by an individual to renew a certificate of 772
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 774
under this section against the individual. 775
(N) Sanctions shall not be imposed under division (B)(28) 778
of this section against any person who waives deductibles and 779
copayments as follows:
(1) In compliance with the health benefit plan that 781
expressly allows such a practice. Waiver of the deductibles or 782
copayments shall be made only with the full knowledge and consent 783
of the plan purchaser, payer, and third-party administrator. 784
Documentation of the consent shall be made available to the board 785
upon request.
(2) For professional services rendered to any other person 787
authorized to practice pursuant to this chapter, to the extent 789
allowed by this chapter and rules adopted by the board. 790
(O) Under the board's investigative duties described in 792
this section and subject to division (F) of this section, the 794
board shall develop and implement a quality intervention program 796
designed to improve through remedial education the clinical and 798
communication skills of individuals authorized under this chapter 799
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 801
quality intervention program, the board may do all of the 802
following:
(1) Offer in appropriate cases as determined by the board 804
an educational and assessment program pursuant to an 805
investigation the board conducts under this section; 806
19
(2) Select providers of educational and assessment 808
services, including a quality intervention program panel of case 809
reviewers;
(3) Make referrals to educational and assessment service 812
providers and approve individual educational programs recommended 813
by those providers. The board shall monitor the progress of each 814
individual undertaking a recommended individual educational 815
program. 816
(4) Determine what constitutes successful completion of an 818
individual educational program and require further monitoring of 819
the individual who completed the program or other action that the 821
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 823
Revised Code to further implement the quality intervention 825
program.
An individual who participates in an individual educational 828
program pursuant to this division shall pay the financial 829
obligations arising from that educational program. 830
Sec. 4731.227. AS USED IN THIS SECTION, "ALTERNATIVE 832
MEDICAL TREATMENT" MEANS A TREATMENT THAT DIFFERS FROM TREATMENTS 834
USED IN ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE BUT IS
REASONABLE WHEN ITS BENEFITS ARE COMPARED TO THE RISK OF HARM OF 836
THE ALTERNATIVE MEDICAL TREATMENT ITSELF OR OF THE FAILURE TO
UTILIZE ACCEPTED OR PREVAILING STANDARDS OF MEDICAL CARE. 837
AN INDIVIDUAL AUTHORIZED TO PRACTICE MEDICINE AND SURGERY 839
OR OSTEOPATHIC MEDICINE AND SURGERY MAY USE ALTERNATIVE MEDICAL 840
TREATMENTS IF THE PATIENT PROVIDES INFORMED CONSENT AND THE 841
TREATMENT IS CONSISTENT WITH THE STANDARDS ENFORCED BY THE STATE 842
MEDICAL BOARD PURSUANT TO SECTION 4731.22 OF THE REVISED CODE AND
ANY RULES ADOPTED BY THE BOARD. 843
Section 2. That existing section 4731.22 of the Revised 846
Code is hereby repealed.