As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 278  5            

      1999-2000                                                    6            


                          SENATOR DRAKE                            8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 4731.051, 4731.07, 4731.22,         12           

                4731.224, 4731.24, 4731.25, and 4731.35 and to     13           

                enact sections 4760.01, 4760.02, 4760.03,          14           

                4760.04, 4760.05, 4760.06, 4760.08, 4760.09,                    

                4760.10, 4760.13, 4760.131, 4760.132, 4760.14,     16           

                4760.15, 4760.16, 4760.17, 4760.18, 4760.19,       17           

                4760.20, 4760.21, and 4760.99 of the Revised Code               

                to provide for the regulation of anesthesiologist  18           

                assistants.                                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 4731.051, 4731.07, 4731.22,        22           

4731.224, 4731.24, 4731.25, and 4731.35 be amended and sections    24           

4760.01, 4760.02, 4760.03, 4760.04, 4760.05, 4760.06, 4760.08,     25           

4760.09, 4760.10, 4760.13, 4760.131, 4760.132, 4760.14, 4760.15,   26           

4760.16, 4760.17, 4760.18, 4760.19, 4760.20, 4760.21, and 4760.99  27           

of the Revised Code be enacted to read as follows:                 28           

      Sec. 4731.051.  The state medical board shall adopt rules    37           

in accordance with Chapter 119. of the Revised Code establishing   39           

universal blood and body fluid precautions that shall be used by   41           

each person who performs exposure prone invasive procedures and    43           

is authorized to practice by this chapter or Chapter 4730. OR      44           

4760. of the Revised Code.  The rules shall define and establish   45           

requirements for universal blood and body fluid precautions that   47           

include the following:                                                          

      (A)  Appropriate use of hand washing;                        49           

      (B)  Disinfection and sterilization of equipment;            51           

                                                          2      


                                                                 
      (C)  Handling and disposal of needles and other sharp        53           

instruments;                                                                    

      (D)  Wearing and disposal of gloves and other protective     55           

garments and devices.                                                           

      Sec. 4731.07.  The state medical board shall keep a record   64           

of its proceedings.  It shall also keep a register of applicants   65           

for certificates, showing OF REGISTRATION ISSUED UNDER THIS        66           

CHAPTER, CHAPTER 4730. OF THE REVISED CODE, AND CHAPTER 4760. OF   67           

THE REVISED CODE.  THE REGISTER SHALL SHOW the name of the         69           

applicant, the name and location of the institution granting him   70           

the degree of doctor of medicine or surgery or the degree of       71           

doctor of osteopathy or surgery, and whether he THE APPLICANT was  73           

granted or refused a certificate.  WITH RESPECT TO APPLICANTS TO   76           

PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND          77           

SURGERY, THE REGISTER SHALL SHOW THE NAME OF THE INSTITUTION THAT               

GRANTED THE APPLICANT THE DEGREE OF DOCTOR OF MEDICINE OR          78           

OSTEOPATHIC MEDICINE.  The booksand BOOKS AND records of the       79           

board shall be prima-facie evidence of matters therein contained.  83           

      Sec. 4731.22.  (A)  The state medical board, by an           93           

affirmative vote of not fewer than six of its members, may revoke  94           

or may refuse to grant a certificate to a person found by the      95           

board to have committed fraud during the administration of the     96           

examination for a certificate to practice or to have committed     98           

fraud, misrepresentation, or deception in applying for or          99           

securing any certificate to practice or certificate of                          

registration issued by the board.                                  100          

      (B)  The board, by an affirmative vote of not fewer than     103          

six members, shall, to the extent permitted by law, limit,         104          

revoke, or suspend an individual's certificate to practice,        106          

refuse to register an individual, refuse to reinstate a            107          

certificate, or reprimand or place on probation the holder of a    109          

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  111          

or certificate of registration to be used by a person, group, or   113          

                                                          3      


                                                                 
corporation when the individual concerned is not actually          114          

directing the treatment given;                                     115          

      (2)  Failure to maintain minimal standards applicable to     118          

the selection or administration of drugs, or failure to employ     119          

acceptable scientific methods in the selection of drugs or other   120          

modalities for treatment of disease;                               121          

      (3)  Selling, giving away, personally furnishing,            123          

prescribing, or administering drugs for other than legal and       124          

legitimate therapeutic purposes or a plea of guilty to, a          125          

judicial finding of guilt of, or a judicial finding of             126          

eligibility for treatment in lieu of conviction of, a violation    127          

of any federal or state law regulating the possession,                          

distribution, or use of any drug;                                  128          

      (4)  Willfully betraying a professional confidence.          130          

      For purposes of this division, "willfully betraying a        132          

professional confidence" does not include the making of a report   133          

of an employee's use of a drug of abuse, or a report of a          134          

condition of an employee other than one involving the use of a     135          

drug of abuse, to the employer of the employee as described in     136          

division (B) of section 2305.33 of the Revised Code.  Nothing in   138          

this division affects the immunity from civil liability conferred  140          

by that section upon a physician who makes either type of report   141          

in accordance with division (B) of that section.  As used in this  142          

division, "employee," "employer," and "physician" have the same    143          

meanings as in section 2305.33 of the Revised Code.                144          

      (5)  Making a false, fraudulent, deceptive, or misleading    147          

statement in the solicitation of or advertising for patients; in   149          

relation to the practice of medicine and surgery, osteopathic      150          

medicine and surgery, podiatry, or a limited branch of medicine;   151          

or in securing or attempting to secure any certificate to          153          

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  155          

misleading statement" means a statement that includes a            156          

misrepresentation of fact, is likely to mislead or deceive         157          

                                                          4      


                                                                 
because of a failure to disclose material facts, is intended or    158          

is likely to create false or unjustified expectations of           159          

favorable results, or includes representations or implications     160          

that in reasonable probability will cause an ordinarily prudent    161          

person to misunderstand or be deceived.                            162          

      (6)  A departure from, or the failure to conform to,         164          

minimal standards of care of similar practitioners under the same  165          

or similar circumstances, whether or not actual injury to a        166          

patient is established;                                            167          

      (7)  Representing, with the purpose of obtaining             169          

compensation or other advantage as personal gain or for any other  171          

person, that an incurable disease or injury, or other incurable    172          

condition, can be permanently cured;                               173          

      (8)  The obtaining of, or attempting to obtain, money or     175          

anything of value by fraudulent misrepresentations in the course   176          

of practice;                                                       177          

      (9)  A plea of guilty to, a judicial finding of guilt of,    180          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a felony;                                          181          

      (10)  Commission of an act that constitutes a felony in      183          

this state, regardless of the jurisdiction in which the act was    184          

committed;                                                         185          

      (11)  A plea of guilty to, a judicial finding of guilt of,   188          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor committed in the course of           189          

practice;                                                                       

      (12)  Commission of an act in the course of practice that    191          

constitutes a misdemeanor in this state, regardless of the         193          

jurisdiction in which the act was committed;                       194          

      (13)  A plea of guilty to, a judicial finding of guilt of,   197          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor involving moral turpitude;           198          

      (14)  Commission of an act involving moral turpitude that    200          

constitutes a misdemeanor in this state, regardless of the         202          

                                                          5      


                                                                 
jurisdiction in which the act was committed;                       203          

      (15)  Violation of the conditions of limitation placed by    205          

the board upon a certificate to practice;                          206          

      (16)  Failure to pay license renewal fees specified in this  208          

chapter;                                                           209          

      (17)  Except as authorized in section 4731.31 of the         211          

Revised Code, engaging in the division of fees for referral of     213          

patients, or the receiving of a thing of value in return for a     214          

specific referral of a patient to utilize a particular service or  215          

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       217          

violation of any provision of a code of ethics of the American     219          

medical association, the American osteopathic association, the     220          

American podiatric medical association, or any other national      221          

professional organizations that the board specifies by rule.  The  223          

state medical board shall obtain and keep on file current copies   224          

of the codes of ethics of the various national professional        225          

organizations.  The individual whose certificate is being          226          

suspended or revoked shall not be found to have violated any       228          

provision of a code of ethics of an organization not appropriate   229          

to the individual's profession.                                    230          

      For purposes of this division, a "provision of a code of     233          

ethics of a national professional organization" does not include   234          

any provision that would preclude the making of a report by a      235          

physician of an employee's use of a drug of abuse, or of a         236          

condition of an employee other than one involving the use of a     237          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   239          

this division affects the immunity from civil liability conferred  240          

by that section upon a physician who makes either type of report   241          

in accordance with division (B) of that section.  As used in this  242          

division, "employee," "employer," and "physician" have the same    243          

meanings as in section 2305.33 of the Revised Code.                244          

      (19)  Inability to practice according to acceptable and      246          

                                                          6      


                                                                 
prevailing standards of care by reason of mental illness or        247          

physical illness, including, but not limited to, physical          248          

deterioration that adversely affects cognitive, motor, or          249          

perceptive skills.                                                 250          

      In enforcing this division, the board, upon a showing of a   253          

possible violation, may compel any individual authorized to        254          

practice by this chapter or who has submitted an application       256          

pursuant to this chapter to submit to a mental examination,        258          

physical examination, including an HIV test, or both a mental and  260          

a physical examination.  The expense of the examination is the     262          

responsibility of the individual compelled to be examined.         263          

Failure to submit to a mental or physical examination or consent   264          

to an HIV test ordered by the board constitutes an admission of    265          

the allegations against the individual unless the failure is due   267          

to circumstances beyond the individual's control, and a default    268          

and final order may be entered without the taking of testimony or  269          

presentation of evidence.  If the board finds an individual        270          

unable to practice because of the reasons set forth in this        272          

division, the board shall require the individual to submit to      273          

care, counseling, or treatment by physicians approved or           274          

designated by the board, as a condition for initial, continued,    275          

reinstated, or renewed authority to practice.  An individual       277          

affected under this division shall be afforded an opportunity to   279          

demonstrate to the board the ability to resume practice in         280          

compliance with acceptable and prevailing standards under the      281          

provisions of the individual's certificate.  For the purpose of    283          

this division, any individual who applies for or receives a        284          

certificate to practice under this chapter accepts the privilege   285          

of practicing in this state and, by so doing, shall be deemed to   288          

have given consent to submit to a mental or physical examination   289          

when directed to do so in writing by the board, and to have        290          

waived all objections to the admissibility of testimony or         291          

examination reports that constitute a privileged communication.    292          

      (20)  Except when civil penalties are imposed under section  294          

                                                          7      


                                                                 
4731.225 or 4731.281 of the Revised Code, and subject to section   295          

4731.226 of the Revised Code, violating or attempting to violate,  297          

directly or indirectly, or assisting in or abetting the violation  298          

of, or conspiring to violate, any provisions of this chapter or    299          

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     301          

violation of, assisting in or abetting the violation of, or a      302          

conspiracy to violate, any provision of this chapter or any rule   303          

adopted by the board that would preclude the making of a report    305          

by a physician of an employee's use of a drug of abuse, or of a    306          

condition of an employee other than one involving the use of a     307          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   309          

this division affects the immunity from civil liability conferred  310          

by that section upon a physician who makes either type of report   311          

in accordance with division (B) of that section.  As used in this  312          

division, "employee," "employer," and "physician" have the same    313          

meanings as in section 2305.33 of the Revised Code.                314          

      (21)  The violation of any abortion rule adopted by the      316          

public health council pursuant to section 3701.341 of the Revised  317          

Code;                                                              318          

      (22)  Any of the following actions taken by the state        320          

agency responsible for regulating the practice of medicine and     321          

surgery, osteopathic medicine and surgery, podiatry, or the        322          

limited branches of medicine in another state, for any reason      323          

other than the nonpayment of fees:  the limitation, revocation,    324          

or suspension of an individual's license to practice; acceptance   325          

of an individual's license surrender; denial of a license;         326          

refusal to renew or reinstate a license; imposition of probation;  328          

or issuance of an order of censure or other reprimand;             329          

      (23)  The violation of section 2919.12 of the Revised Code   331          

or the performance or inducement of an abortion upon a pregnant    332          

woman with actual knowledge that the conditions specified in       333          

division (B) of section 2317.56 of the Revised Code have not been  334          

                                                          8      


                                                                 
satisfied or with a heedless indifference as to whether those      335          

conditions have been satisfied, unless an affirmative defense as   336          

specified in division (H)(2) of that section would apply in a      337          

civil action authorized by division (H)(1) of that section;        338          

      (24)  The revocation, suspension, restriction, reduction,    340          

or termination of clinical privileges by the United States         342          

department of defense or department of veterans affairs or the     344          

termination or suspension of a certificate of registration to      345          

prescribe drugs by the drug enforcement administration of the      346          

United States department of justice;                               347          

      (25)  Termination or suspension from participation in the    349          

medicare or medicaid programs by the department of health and      351          

human services or other responsible agency for any act or acts     352          

that also would constitute a violation of division (B)(2), (3),    353          

(6), (8), or (19) of this section;                                 354          

      (26)  Impairment of ability to practice according to         356          

acceptable and prevailing standards of care because of habitual    357          

or excessive use or abuse of drugs, alcohol, or other substances   358          

that impair ability to practice.                                   359          

      For the purposes of this division, any individual            361          

authorized to practice by this chapter accepts the privilege of    363          

practicing in this state subject to supervision by the board.  By  364          

filing an application for or holding a certificate to practice     367          

under this chapter, an individual shall be deemed to have given    369          

consent to submit to a mental or physical examination when         370          

ordered to do so by the board in writing, and to have waived all   371          

objections to the admissibility of testimony or examination        372          

reports that constitute privileged communications.                 373          

      If it has reason to believe that any individual authorized   375          

to practice by this chapter or any applicant for certification to  376          

practice suffers such impairment, the board may compel the         377          

individual to submit to a mental or physical examination, or       378          

both.  The expense of the examination is the responsibility of     380          

the individual compelled to be examined.  Any mental or physical   382          

                                                          9      


                                                                 
examination required under this division shall be undertaken by a  383          

treatment provider or physician who is qualified to conduct the    384          

examination and who is chosen by the board.                        385          

      Failure to submit to a mental or physical examination        388          

ordered by the board constitutes an admission of the allegations   389          

against the individual unless the failure is due to circumstances  390          

beyond the individual's control, and a default and final order     391          

may be entered without the taking of testimony or presentation of  392          

evidence.  If the board determines that the individual's ability   393          

to practice is impaired, the board shall suspend the individual's  394          

certificate or deny the individual's application and shall         395          

require the individual, as a condition for initial, continued,     396          

reinstated, or renewed certification to practice, to submit to     398          

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        400          

certificate suspended under this division, the impaired            402          

practitioner shall demonstrate to the board the ability to resume  404          

practice in compliance with acceptable and prevailing standards    405          

of care under the provisions of the practitioner's certificate.    406          

The demonstration shall include, but shall not be limited to, the  408          

following:                                                                      

      (a)  Certification from a treatment provider approved under  410          

section 4731.25 of the Revised Code that the individual has        412          

successfully completed any required inpatient treatment;           413          

      (b)  Evidence of continuing full compliance with an          415          

aftercare contract or consent agreement;                           416          

      (c)  Two written reports indicating that the individual's    418          

ability to practice has been assessed and that the individual has  419          

been found capable of practicing according to acceptable and       420          

prevailing standards of care.  The reports shall be made by        421          

individuals or providers approved by the board for making the      422          

assessments and shall describe the basis for their determination.  423          

      The board may reinstate a certificate suspended under this   426          

division after that demonstration and after the individual has     427          

                                                          10     


                                                                 
entered into a written consent agreement.                          428          

      When the impaired practitioner resumes practice, the board   430          

shall require continued monitoring of the individual.  The         432          

monitoring shall include, but not be limited to, compliance with   434          

the written consent agreement entered into before reinstatement    435          

or with conditions imposed by board order after a hearing, and,    436          

upon termination of the consent agreement, submission to the       437          

board for at least two years of annual written progress reports    438          

made under penalty of perjury stating whether the individual has   439          

maintained sobriety.                                               440          

      (27)  A second or subsequent violation of section 4731.66    442          

or 4731.69 of the Revised Code;                                    443          

      (28)  Except as provided in division (N) of this section:    445          

      (a)  Waiving the payment of all or any part of a deductible  448          

or copayment that a patient, pursuant to a health insurance or     449          

health care policy, contract, or plan that covers the              450          

individual's services, otherwise would be required to pay if the   452          

waiver is used as an enticement to a patient or group of patients  453          

to receive health care services from that individual;              454          

      (b)  Advertising that the individual will waive the payment  457          

of all or any part of a deductible or copayment that a patient,    458          

pursuant to a health insurance or health care policy, contract,    459          

or plan that covers the individual's services, otherwise would be  461          

required to pay.                                                                

      (29)  Failure to use universal blood and body fluid          463          

precautions established by rules adopted under section 4731.051    464          

of the Revised Code;                                               465          

      (30)  Failure of a collaborating physician to fulfill the    468          

responsibilities agreed to by the physician and an advanced        469          

practice nurse participating in a pilot program under section      471          

4723.52 of the Revised Code;                                                    

      (31)  Failure to provide notice to, and receive              473          

acknowledgment of the notice from, a patient when required by      475          

section 4731.143 of the Revised Code prior to providing            476          

                                                          11     


                                                                 
nonemergency professional services, or failure to maintain that    477          

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         479          

assistant to maintain supervision in accordance with the           480          

requirements of Chapter 4730. of the Revised Code and the rules    481          

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to enter into a   484          

standard care arrangement with a clinical nurse specialist,        485          

certified nurse-midwife, or certified nurse practitioner with      486          

whom the physician or podiatrist is in collaboration pursuant to   487          

section 4731.27 of the Revised Code or failure to fulfill the      488          

responsibilities of collaboration after entering into a standard   489          

care arrangement;                                                  490          

      (34)  Failure to comply with the terms of a consult          492          

agreement entered into with a pharmacist pursuant to section       493          

4729.39 of the Revised Code;                                       494          

      (35)  Failure to cooperate in an investigation conducted by  496          

the board under division (F) of this section, including failure    498          

to comply with a subpoena or order issued by the board or failure  499          

to answer truthfully a question presented by the board at a        500          

deposition or in written interrogatories, except that failure to   501          

cooperate with an investigation shall not constitute grounds for   502          

discipline under this section if a court of competent              503          

jurisdiction has issued an order that either quashes a subpoena    504          

or permits the individual to withhold the testimony or evidence    505          

in issue;                                                                       

      (36)  FAILURE TO SUPERVISE AN ANESTHESIOLOGIST ASSISTANT IN  507          

ACCORDANCE WITH CHAPTER 4760. OF THE REVISED CODE AND THE BOARD'S  508          

RULES FOR SUPERVISION OF AN ANESTHESIOLOGIST ASSISTANT.            509          

      (C)  Disciplinary actions taken by the board under           511          

divisions (A) and (B) of this section shall be taken pursuant to   512          

an adjudication under Chapter 119. of the Revised Code, except     513          

that in lieu of an adjudication, the board may enter into a        514          

consent agreement with an individual to resolve an allegation of   515          

                                                          12     


                                                                 
a violation of this chapter or any rule adopted under it.  A       516          

consent agreement, when ratified by an affirmative vote of not     517          

fewer than six members of the board, shall constitute the          518          

findings and order of the board with respect to the matter         519          

addressed in the agreement.  If the board refuses to ratify a      520          

consent agreement, the admissions and findings contained in the    521          

consent agreement shall be of no force or effect.                  522          

      (D)  For purposes of divisions (B)(10), (12), and (14) of    524          

this section, the commission of the act may be established by a    525          

finding by the board, pursuant to an adjudication under Chapter    527          

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

The board does not have jurisdiction under those divisions if the  530          

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

and that judgment is based upon an adjudication on the merits.     533          

The board has jurisdiction under those divisions if the trial      534          

court issues an order of dismissal upon technical or procedural    535          

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    537          

have no effect upon a prior board order entered under this         538          

section or upon the board's jurisdiction to take action under      539          

this section if, based upon a plea of guilty, a judicial finding   540          

of guilt, or a judicial finding of eligibility for treatment in    541          

lieu of conviction, the board issued a notice of opportunity for   542          

a hearing prior to the court's order to seal the records.  The     543          

board shall not be required to seal, destroy, redact, or           544          

otherwise modify its records to reflect the court's sealing of     545          

conviction records.                                                546          

      (F)(1)  The board shall investigate evidence that appears    548          

to show that a person has violated any provision of this chapter   550          

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  552          

appears to show a violation of any provision of this chapter or    553          

any rule adopted under it.  In the absence of bad faith, any       555          

person who reports information of that nature or who testifies                  

                                                          13     


                                                                 
before the board in any adjudication conducted under Chapter 119.  557          

of the Revised Code shall not be liable in damages in a civil      558          

action as a result of the report or testimony.  Each complaint or  560          

allegation of a violation received by the board shall be assigned  561          

a case number and shall be recorded by the board.                  562          

      (2)  Investigations of alleged violations of this chapter    564          

or any rule adopted under it shall be supervised by the            566          

supervising member elected by the board in accordance with         567          

section 4731.02 of the Revised Code and by the secretary as        568          

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         570          

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         572          

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   575          

or any rule adopted under this chapter, the board may administer   577          

oaths, order the taking of depositions, issue subpoenas, and       578          

compel the attendance of witnesses and production of books,        579          

accounts, papers, records, documents, and testimony, except that   580          

a subpoena for patient record information shall not be issued      581          

without consultation with the attorney general's office and        582          

approval of the secretary and supervising member of the board.     584          

Before issuance of a subpoena for patient record information, the  585          

secretary and supervising member shall determine whether there is  588          

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    589          

the records sought are relevant to the alleged violation and       591          

material to the investigation.  The subpoena may apply only to     592          

records that cover a reasonable period of time surrounding the     593          

alleged violation.                                                 594          

      On failure to comply with any subpoena issued by the board   597          

and after reasonable notice to the person being subpoenaed, the    598          

board may move for an order compelling the production of persons   599          

or records pursuant to the Rules of Civil Procedure.               600          

                                                          14     


                                                                 
      A subpoena issued by the board may be served by a sheriff,   602          

the sheriff's deputy, or a board employee designated by the        603          

board.  Service of a subpoena issued by the board may be made by   605          

delivering a copy of the subpoena to the person named therein,     606          

reading it to the person, or leaving it at the person's usual      607          

place of residence.  When the person being served is a person      608          

whose practice is authorized by this chapter, service of the       609          

subpoena may be made by certified mail, restricted delivery,       610          

return receipt requested, and the subpoena shall be deemed served  611          

on the date delivery is made or the date the person refuses to     612          

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   614          

same fees as a sheriff.  Each witness who appears before the       616          

board in obedience to a subpoena shall receive the fees and        618          

mileage provided for witnesses in civil cases in the courts of     619          

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   621          

considered civil actions for the purposes of section 2305.251 of   622          

the Revised Code.                                                  623          

      (5)  Information received by the board pursuant to an        625          

investigation is confidential and not subject to discovery in any  626          

civil action.                                                      627          

      The board shall conduct all investigations and proceedings   629          

in a manner that protects the confidentiality of patients and      631          

persons who file complaints with the board.  The board shall not   633          

make public the names or any other identifying information about   634          

patients or complainants unless proper consent is given or, in     635          

the case of a patient, a waiver of the patient privilege exists    636          

under division (B) of section 2317.02 of the Revised Code, except  637          

that consent or a waiver of that nature is not required if the     638          

board possesses reliable and substantial evidence that no bona     640          

fide physician-patient relationship exists.                        641          

      The board may share any information it receives pursuant to  644          

an investigation, including patient records and patient record     645          

                                                          15     


                                                                 
information, with other licensing boards and governmental          646          

agencies that are investigating alleged professional misconduct    647          

and with law enforcement agencies and other governmental agencies  649          

that are investigating or prosecuting alleged criminal offenses.                

A board or agency that receives the information shall comply with  650          

the same requirements regarding confidentiality as those with      651          

which the state medical board must comply, notwithstanding any     652          

conflicting provision of the Revised Code or procedure of the      654          

board or agency that applies when the board or agency is dealing                

with other information in its possession.  The information may be  656          

admitted into evidence in a criminal trial in accordance with the  657          

Rules of Evidence, but the court shall require that appropriate    658          

measures are taken to ensure that confidentiality is maintained    659          

with respect to any part of the information that contains names    660          

or other identifying information about patients or complainants                 

whose confidentiality was protected by the state medical board     661          

when the information was in the board's possession.  Measures to   662          

ensure confidentiality that may be taken by the court include      663          

sealing its records or deleting specific information from its      665          

records.                                                                        

      (6)  On a quarterly basis, the board shall prepare a report  667          

that documents the disposition of all cases during the preceding   668          

three months.  The report shall contain the following information  669          

for each case with which the board has completed its activities:   670          

      (a)  The case number assigned to the complaint or alleged    672          

violation;                                                         673          

      (b)  The type of certificate to practice, if any, held by    676          

the individual against whom the complaint is directed;             677          

      (c)  A description of the allegations contained in the       679          

complaint;                                                         680          

      (d)  The disposition of the case.                            682          

      The report shall state how many cases are still pending and  685          

shall be prepared in a manner that protects the identity of each   687          

person involved in each case.  The report shall be a public        688          

                                                          16     


                                                                 
record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  690          

there is clear and convincing evidence that an individual has      692          

violated division (B) of this section and that the individual's    693          

continued practice presents a danger of immediate and serious      694          

harm to the public, they may recommend that the board suspend the  695          

individual's certificate to practice without a prior hearing.      696          

Written allegations shall be prepared for consideration by the                  

board.                                                             697          

      The board, upon review of those allegations and by an        699          

affirmative vote of not fewer than six of its members, excluding   701          

the secretary and supervising member, may suspend a certificate    702          

without a prior hearing.  A telephone conference call may be       703          

utilized for reviewing the allegations and taking the vote on the  704          

summary suspension.                                                705          

      The board shall issue a written order of suspension by       707          

certified mail or in person in accordance with section 119.07 of   708          

the Revised Code.  The order shall not be subject to suspension    710          

by the court during pendency of any appeal filed under section     711          

119.12 of the Revised Code.  If the individual subject to the      713          

summary suspension requests an adjudicatory hearing by the board,  714          

the date set for the hearing shall be within fifteen days, but     715          

not earlier than seven days, after the individual requests the     717          

hearing, unless otherwise agreed to by both the board and the      718          

individual.                                                                     

      Any summary suspension imposed under this division shall     720          

remain in effect, unless reversed on appeal, until a final         721          

adjudicative order issued by the board pursuant to this section    722          

and Chapter 119. of the Revised Code becomes effective.  The       723          

board shall issue its final adjudicative order within sixty days   724          

after completion of its hearing.  A failure to issue the order     725          

within sixty days shall result in dissolution of the summary       726          

suspension order but shall not invalidate any subsequent, final    727          

adjudicative order.                                                728          

                                                          17     


                                                                 
      (H)  If the board takes action under division (B)(9), (11),  731          

or (13) of this section and the judicial finding of guilt, guilty  732          

plea, or judicial finding of eligibility for treatment in lieu of  733          

conviction is overturned on appeal, upon exhaustion of the         735          

criminal appeal, a petition for reconsideration of the order may   736          

be filed with the board along with appropriate court documents.    737          

Upon receipt of a petition of that nature and supporting court     738          

documents, the board shall reinstate the individual's certificate  739          

to practice.  The board may then hold an adjudication under        740          

Chapter 119. of the Revised Code to determine whether the          741          

individual committed the act in question.  Notice of an            742          

opportunity for a hearing shall be given in accordance with        743          

Chapter 119. of the Revised Code.  If the board finds, pursuant    744          

to an adjudication held under this division, that the individual   745          

committed the act or if no hearing is requested, the board may     747          

order any of the sanctions identified under division (B) of this   748          

section.                                                                        

      (I)  The certificate to practice issued to an individual     750          

under this chapter and the individual's practice in this state     752          

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      754          

subject to a judicial finding of eligibility for intervention in   755          

lieu of conviction in this state or treatment or intervention in   756          

lieu of conviction in another state for any of the following       757          

criminal offenses in this state or a substantially equivalent      759          

criminal offense in another jurisdiction: aggravated murder,       760          

murder, voluntary manslaughter, felonious assault, kidnapping,     761          

rape, sexual battery, gross sexual imposition, aggravated arson,   762          

aggravated robbery, or aggravated burglary.  Continued practice    764          

after suspension shall be considered practicing without a          765          

certificate.                                                                    

      The board shall notify the individual subject to the         768          

suspension by certified mail or in person in accordance with       769          

section 119.07 of the Revised Code.  If an individual whose        770          

                                                          18     


                                                                 
certificate is suspended under this division fails to make a       771          

timely request for an adjudication under Chapter 119. of the       772          

Revised Code, the board shall enter a final order permanently      773          

revoking the individual's certificate to practice.                 774          

      (J)  If the board is required by Chapter 119. of the         777          

Revised Code to give notice of an opportunity for a hearing and    778          

if the individual subject to the notice does not timely request a  779          

hearing in accordance with section 119.07 of the Revised Code,     781          

the board is not required to hold a hearing, but may adopt, by an  782          

affirmative vote of not fewer than six of its members, a final     784          

order that contains the board's findings.  In that final order,    785          

the board may order any of the sanctions identified under          786          

division (A) or (B) of this section.                               787          

      (K)  Any action taken by the board under division (B) of     789          

this section resulting in a suspension from practice shall be      790          

accompanied by a written statement of the conditions under which   791          

the individual's certificate to practice may be reinstated.  The   793          

board shall adopt rules governing conditions to be imposed for     794          

reinstatement.  Reinstatement of a certificate suspended pursuant  795          

to division (B) of this section requires an affirmative vote of    796          

not fewer than six members of the board.                           797          

      (L)  When the board refuses to grant a certificate to an     800          

applicant, revokes an individual's certificate to practice,        802          

refuses to register an applicant, or refuses to reinstate an       803          

individual's certificate to practice, the board may specify that   804          

its action is permanent.  An individual subject to a permanent     805          

action taken by the board is forever thereafter ineligible to      806          

hold a certificate to practice and the board shall not accept an   807          

application for reinstatement of the certificate or for issuance   808          

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      810          

Code, all of the following apply:                                  811          

      (1)  The surrender of a certificate issued under this        813          

chapter shall not be effective unless or until accepted by the     815          

                                                          19     


                                                                 
board.  Reinstatement of a certificate surrendered to the board    816          

requires an affirmative vote of not fewer than six members of the  817          

board.                                                                          

      (2)  An application for a certificate made under the         820          

provisions of this chapter may not be withdrawn without approval   822          

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      825          

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     827          

under this section against the individual.                         828          

      (N)  Sanctions shall not be imposed under division (B)(28)   831          

of this section against any person who waives deductibles and      832          

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         834          

expressly allows such a practice.  Waiver of the deductibles or    835          

copayments shall be made only with the full knowledge and consent  836          

of the plan purchaser, payer, and third-party administrator.       837          

Documentation of the consent shall be made available to the board  838          

upon request.                                                                   

      (2)  For professional services rendered to any other person  840          

authorized to practice pursuant to this chapter, to the extent     842          

allowed by this chapter and rules adopted by the board.            843          

      (O)  Under the board's investigative duties described in     845          

this section and subject to division (F) of this section, the      846          

board shall develop and implement a quality intervention program   848          

designed to improve through remedial education the clinical and    850          

communication skills of individuals authorized under this chapter  851          

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry.  In developing and implementing the         853          

quality intervention program, the board may do all of the          854          

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   856          

an educational and assessment program pursuant to an               857          

investigation the board conducts under this section;               858          

                                                          20     


                                                                 
      (2)  Select providers of educational and assessment          860          

services, including a quality intervention program panel of case   861          

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    864          

providers and approve individual educational programs recommended  865          

by those providers.  The board shall monitor the progress of each  866          

individual undertaking a recommended individual educational        867          

program.                                                           868          

      (4)  Determine what constitutes successful completion of an  870          

individual educational program and require further monitoring of   871          

the individual who completed the program or other action that the  873          

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      875          

Revised Code to further implement the quality intervention         877          

program.                                                                        

      An individual who participates in an individual educational  880          

program pursuant to this division shall pay the financial          881          

obligations arising from that educational program.                 882          

      Sec. 4731.224.  (A)  Within sixty days after the imposition  892          

of any formal disciplinary action taken by any health care         893          

facility, including a hospital, health care facility operated by   894          

a health insuring corporation, ambulatory surgical center, or      895          

similar facility, against any individual holding a valid           897          

certificate to practice issued pursuant to this chapter, the       898          

chief administrator or executive officer of the facility shall     899          

report to the state medical board the name of the individual, the  901          

action taken by the facility, and a summary of the underlying      902          

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

be provided certified copies of the patient records that were the  904          

basis for the facility's action.  Prior to release to the board,   905          

the summary shall be approved by the peer review committee that    906          

reviewed the case or by the governing board of the facility.  As   908          

used in this division, "formal disciplinary action" means any      909          

action resulting in the revocation, restriction, reduction, or     911          

                                                          21     


                                                                 
termination of clinical privileges for violations of professional  912          

ethics, or for reasons of medical incompetence, medical            913          

malpractice, or drug or alcohol abuse.  "Formal disciplinary       914          

action" includes a summary action, an action that takes effect     915          

notwithstanding any appeal rights that may exist, and an action    916          

that results in an individual surrendering clinical privileges     917          

while under investigation and during proceedings regarding the     918          

action being taken or in return for not being investigated or      919          

having proceedings held.  "Formal disciplinary action" does not    920          

include any action taken for the sole reason of failure to         922          

maintain records on a timely basis or failure to attend staff or   923          

section meetings.                                                               

      The filing or nonfiling of a report with the board,          925          

investigation by the board, or any disciplinary action taken by    926          

the board, shall not preclude any action by a health care          927          

facility to suspend, restrict, or revoke the individual's          929          

clinical privileges.                                                            

      In the absence of fraud or bad faith, no individual or       931          

entity that provides patient records to the board shall be liable  932          

in damages to any person as a result of providing the records.     933          

      (B)  If any individual authorized to practice under this     936          

chapter or any professional association or society of such         937          

individuals believes that a violation of any provision of this     938          

chapter, Chapter 4730. OR 4760. of the Revised Code, or any rule   939          

of the board has occurred, the individual, association, or         941          

society shall report to the board the information upon which the   943          

belief is based.  This division does not require any treatment                  

provider approved by the board under section 4731.25 of the        945          

Revised Code or any employee, agent, or representative of such a   946          

provider to make reports with respect to an impaired practitioner  947          

participating in treatment or aftercare for substance abuse as     948          

long as the practitioner maintains participation in accordance     949          

with the requirements of section 4731.25 of the Revised Code, and  950          

as long as the treatment provider or employee, agent, or           952          

                                                          22     


                                                                 
representative of the provider has no reason to believe that the   953          

practitioner has violated any provision of this chapter or any     954          

rule adopted under it, other than the provisions of division       955          

(B)(26) of section 4731.22 of the Revised Code.  This division     956          

does not require reporting by any member of an impaired            957          

practitioner committee established by a health care facility or    958          

by any representative or agent of a committee or program           959          

sponsored by a professional association or society of individuals  961          

authorized to practice under this chapter to provide peer          962          

assistance to practitioners with substance abuse problems with     963          

respect to a practitioner who has been referred for examination    964          

to a treatment program approved by the board under section         965          

4731.25 of the Revised Code if the practitioner cooperates with    966          

the referral for examination and with any determination that the   967          

practitioner should enter treatment and as long as the committee   969          

member, representative, or agent has no reason to believe that     970          

the practitioner has ceased to participate in the treatment        971          

program in accordance with section 4731.25 of the Revised Code or  972          

has violated any provision of this chapter or any rule adopted     974          

under it, other than the provisions of division (B)(26) of         976          

section 4731.22 of the Revised Code.                                            

      (C)  Any professional association or society composed        978          

primarily of doctors of medicine and surgery, doctors of           980          

osteopathic medicine and surgery, doctors of podiatry, or          981          

practitioners of limited branches of medicine that suspends or     982          

revokes an individual's membership for violations of professional  984          

ethics, or for reasons of professional incompetence or             985          

professional malpractice, within sixty days after a final          986          

decision shall report to the board, on forms prescribed and        987          

provided by the board, the name of the individual, the action      988          

taken by the professional organization, and a summary of the       989          

underlying facts leading to the action taken.                      990          

      The filing of a report with the board or decision not to     992          

file a report, investigation by the board, or any disciplinary     993          

                                                          23     


                                                                 
action taken by the board, does not preclude a professional        994          

organization from taking disciplinary action against an            995          

individual.                                                                     

      (D)  Any insurer providing professional liability insurance  997          

to an individual authorized to practice under this chapter, or     999          

any other entity that seeks to indemnify the professional          1,000        

liability of such an individual, shall notify the board within     1,001        

thirty days after the final disposition of any written claim for   1,002        

damages where such disposition results in a payment exceeding      1,003        

twenty-five thousand dollars.  The notice shall contain the        1,004        

following information:                                             1,005        

      (1)  The name and address of the person submitting the       1,007        

notification;                                                      1,008        

      (2)  The name and address of the insured who is the subject  1,010        

of the claim;                                                      1,011        

      (3)  The name of the person filing the written claim;        1,013        

      (4)  The date of final disposition;                          1,015        

      (5)  If applicable, the identity of the court in which the   1,017        

final disposition of the claim took place.                         1,018        

      (E)  The board may investigate possible violations of this   1,020        

chapter or the rules adopted under it that are brought to its      1,021        

attention as a result of the reporting requirements of this        1,024        

section, except that the board shall conduct an investigation if   1,025        

a possible violation involves repeated malpractice.  As used in    1,027        

this division, "repeated malpractice" means three or more claims   1,028        

for medical malpractice within the previous five-year period,      1,029        

each resulting in a judgment or settlement in excess of                         

twenty-five thousand dollars in favor of the claimant, and each    1,030        

involving negligent conduct by the practicing individual.          1,032        

      (F)  All summaries, reports, and records received and        1,034        

maintained by the board pursuant to this section shall be held in  1,035        

confidence and shall not be subject to discovery or introduction   1,036        

in evidence in any federal or state civil action involving a       1,037        

health care professional or facility arising out of matters that   1,039        

                                                          24     


                                                                 
are the subject of the reporting required by this section.  The    1,040        

board may use the information obtained only as the basis for an    1,041        

investigation, as evidence in a disciplinary hearing against an    1,042        

individual whose practice is regulated under this chapter, or in   1,043        

any subsequent trial or appeal of a board action or order.         1,045        

      The board may disclose the summaries and reports it          1,048        

receives under this section only to health care facility           1,049        

committees within or outside this state that are involved in       1,050        

credentialing or recredentialing the individual or in reviewing    1,051        

the individual's clinical privileges.  The board shall indicate    1,052        

whether or not the information has been verified.  Information     1,053        

transmitted by the board shall be subject to the same              1,054        

confidentiality provisions as when maintained by the board.        1,055        

      (G)  Except for reports filed by an individual pursuant to   1,058        

division (B) of this section, the board shall send a copy of any   1,059        

reports or summaries it receives pursuant to this section to the   1,060        

individual who is the subject of the reports or summaries.  The    1,062        

individual shall have the right to file a statement with the       1,063        

board concerning the correctness or relevance of the information.  1,064        

The statement shall at all times accompany that part of the        1,065        

record in contention.                                              1,066        

      (H)  An individual or entity that, pursuant to this          1,069        

section, reports to the board or refers an impaired practitioner   1,070        

to a treatment provider approved by the board under section        1,071        

4731.25 of the Revised Code shall not be subject to suit for       1,072        

civil damages as a result of the report, referral, or provision    1,074        

of the information.                                                             

      (I)  In the absence of fraud or bad faith, no professional   1,076        

association or society of individuals authorized to practice       1,077        

under this chapter that sponsors a committee or program to         1,079        

provide peer assistance to practitioners with substance abuse      1,080        

problems, no representative or agent of such a committee or        1,081        

program, and no member of the state medical board shall be held    1,082        

liable in damages to any person by reason of actions taken to      1,083        

                                                          25     


                                                                 
refer a practitioner to a treatment provider approved under        1,084        

section 4731.25 of the Revised Code for examination or treatment.  1,085        

      Sec. 4731.24.  Except as provided in sections 4731.281 and   1,095        

4731.40 of the Revised Code, all receipts of the state medical     1,096        

board, from any source, shall be deposited in the state treasury.  1,097        

Until July 1, 1998, the funds shall be deposited to the credit of  1,098        

the occupational licensing and regulatory fund.  On and after      1,099        

July 1, 1998, the funds shall be deposited to the credit of the    1,100        

state medical board operating fund, which is hereby created on     1,101        

July 1, 1998.  All funds deposited into the state treasury under   1,102        

this section shall be used solely for the administration and       1,103        

enforcement of this chapter and Chapter CHAPTERS 4730. AND 4760.   1,105        

of the Revised Code by the board.                                               

      Sec. 4731.25.  The state medical board, in accordance with   1,114        

Chapter 119. of the Revised Code, shall adopt and may amend and    1,115        

rescind rules establishing standards for approval of physicians    1,116        

and facilities as treatment providers for impaired practitioners   1,117        

who are regulated under this chapter or Chapter 4730. OR 4760. of  1,119        

the Revised Code.  The rules shall include standards for both      1,120        

inpatient and outpatient treatment.  The rules shall provide that  1,121        

in order to be approved, a treatment provider must have the        1,122        

capability of making an initial examination to determine what      1,123        

type of treatment an impaired practitioner requires.  Subject to   1,124        

the rules, the board shall review and approve treatment providers  1,125        

on a regular basis.  The board, at its discretion, may withdraw    1,126        

or deny approval subject to the rules.                             1,127        

      An approved impaired practitioner treatment provider shall:  1,129        

      (A)  Report to the board the name of any practitioner        1,131        

suffering or showing evidence of suffering impairment as           1,132        

described in division (B)(5) of section 4730.25 of the Revised     1,134        

Code or, division (B)(26) of section 4731.22 of the Revised Code,  1,136        

OR DIVISION (B)(6) OF SECTION 4760.13 OF THE REVISED CODE who                   

fails to comply within one week with a referral for examination;   1,138        

      (B)  Report to the board the name of any impaired            1,140        

                                                          26     


                                                                 
practitioner who fails to enter treatment within forty-eight       1,141        

hours following the provider's determination that the              1,142        

practitioner needs treatment;                                      1,143        

      (C)  Require every practitioner who enters treatment to      1,145        

agree to a treatment contract establishing the terms of treatment  1,146        

and aftercare, including any required supervision or restrictions  1,147        

of practice during treatment or aftercare;                         1,148        

      (D)  Require a practitioner to suspend practice upon entry   1,150        

into any required inpatient treatment;                             1,151        

      (E)  Report to the board any failure by an impaired          1,153        

practitioner to comply with the terms of the treatment contract    1,154        

during inpatient or outpatient treatment or aftercare;             1,155        

      (F)  Report to the board the resumption of practice of any   1,157        

impaired practitioner before the treatment provider has made a     1,158        

clear determination that the practitioner is capable of            1,159        

practicing according to acceptable and prevailing standards of     1,160        

care;                                                              1,161        

      (G)  Require a practitioner who resumes practice after       1,163        

completion of treatment to comply with an aftercare contract that  1,164        

meets the requirements of rules adopted by the board for approval  1,165        

of treatment providers;                                            1,166        

      (H)  Report the identity of any practitioner practicing      1,168        

under the terms of an aftercare contract to hospital               1,169        

administrators, medical chiefs of staff, and chairpersons of       1,170        

impaired practitioner committees of all health care institutions   1,172        

at which the practitioner holds clinical privileges or otherwise   1,173        

practices.  If the practitioner does not hold clinical privileges  1,175        

at any health care institution, the treatment provider shall       1,176        

report the practitioner's identity to the impaired practitioner    1,177        

committee of the county medical society, osteopathic academy, or   1,178        

podiatric medical association in every county in which the         1,179        

practitioner practices.  If there are no impaired practitioner     1,180        

committees in the county, the treatment provider shall report the  1,182        

practitioner's identity to the president or other designated       1,183        

                                                          27     


                                                                 
member of the county medical society, osteopathic academy, or      1,184        

podiatric medical association.                                     1,185        

      (I)  Report to the board the identity of any practitioner    1,187        

who suffers a relapse at any time during or following aftercare.   1,188        

      Any individual authorized to practice under this chapter     1,191        

who enters into treatment by an approved treatment provider shall  1,192        

be deemed to have waived any confidentiality requirements that     1,193        

would otherwise prevent the treatment provider from making         1,194        

reports required under this section.                               1,195        

      In the absence of fraud or bad faith, no person or           1,197        

organization that conducts an approved impaired practitioner       1,198        

treatment program, no member of such an organization, and no       1,200        

employee, representative, or agent of the treatment provider       1,201        

shall be held liable in damages to any person by reason of         1,202        

actions taken or recommendations made by the treatment provider    1,203        

or its employees, representatives, or agents.                                   

      Sec. 4731.35.  (A)  Sections 4731.01 to 4731.47 of the       1,212        

Revised Code shall not apply to or prohibit in any way the         1,214        

administration of an anaesthetic ANESTHETIC by a certified         1,216        

registered nurse anesthetist under the direction of and in the     1,217        

immediate presence of a licensed physician.                        1,219        

      (B)  THIS CHAPTER DOES NOT PROHIBIT AN INDIVIDUAL FROM       1,221        

PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH     1,222        

CHAPTER 4760. OF THE REVISED CODE.                                 1,223        

      Sec. 4760.01.  AS USED IN THIS CHAPTER:                      1,225        

      (A)  "ANESTHESIOLOGIST ASSISTANT" MEANS AN INDIVIDUAL WHO    1,227        

ASSISTS AN ANESTHESIOLOGIST IN DEVELOPING AND IMPLEMENTING AN      1,229        

ANESTHESIA CARE PLAN FOR A PATIENT.                                1,230        

      (B)  "ANESTHESIOLOGIST" MEANS A PHYSICIAN WHO HAS            1,232        

SUCCESSFULLY COMPLETED A GRADUATE MEDICAL EDUCATION TRAINING       1,233        

PROGRAM IN ANESTHESIOLOGY THAT MEETS THE CRITERIA NECESSARY TO     1,235        

QUALIFY AS GRADUATE MEDICAL EDUCATION UNDER SECTION 4731.091 OF    1,236        

THE REVISED CODE.                                                               

      (C)  "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01   1,238        

                                                          28     


                                                                 
OF THE REVISED CODE.                                               1,239        

      (D)  "SURGICAL FACILITY" MEANS A HOSPITAL, AMBULATORY        1,241        

SURGICAL FACILITY, OR OTHER FACILITY IN WHICH SURGERIES ARE        1,242        

PERFORMED, BUT DOES NOT INCLUDE A PHYSICIAN'S OFFICE OR ANY OTHER  1,243        

LOCATION WHERE SERVICES ARE GENERALLY LIMITED TO PRIMARY CARE.     1,244        

      (E)  "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER        1,247        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND                      

SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.                       1,248        

      Sec. 4760.02.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,250        

THIS SECTION, NO PERSON SHALL PRACTICE AS AN ANESTHESIOLOGIST      1,251        

ASSISTANT UNLESS THE PERSON HOLDS A CURRENT, VALID CERTIFICATE OF  1,252        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT OR A TEMPORARY       1,253        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT       1,254        

ISSUED BY THE STATE MEDICAL BOARD UNDER THIS CHAPTER.              1,256        

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO EITHER   1,259        

OF THE FOLLOWING:                                                               

      (1)  A PERSON PARTICIPATING IN A TRAINING PROGRAM LEADING    1,261        

TOWARD CERTIFICATION BY THE NATIONAL COMMISSION FOR CERTIFICATION  1,263        

OF ANESTHESIOLOGIST ASSISTANTS;                                                 

      (2)  ANY PERSON WHO OTHERWISE HOLDS PROFESSIONAL AUTHORITY   1,265        

GRANTED PURSUANT TO THE REVISED CODE TO PERFORM ANY OF THE         1,266        

ACTIVITIES THAT AN ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO     1,267        

PERFORM.                                                                        

      Sec. 4760.03.  (A)  AN INDIVIDUAL SEEKING A CERTIFICATE OF   1,269        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL FILE WITH THE  1,270        

STATE MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED     1,272        

AND SUPPLIED BY THE BOARD.  THE APPLICATION SHALL INCLUDE ALL OF   1,273        

THE FOLLOWING:                                                                  

      (1)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,275        

IS AT LEAST TWENTY-ONE YEARS OF AGE AND OF GOOD MORAL CHARACTER;   1,276        

      (2)  EVIDENCE THAT THE APPLICANT HAS SUCCESSFULLY COMPLETED  1,278        

AN ANESTHESIOLOGIST ASSISTANT TRAINING PROGRAM THAT WAS            1,280        

ACCREDITED OR ELIGIBLE TO BE ACCREDITED BY THE COMMITTEE ON        1,281        

ALLIED HEALTH EDUCATION AND ACCREDITATION OF THE AMERICAN MEDICAL  1,282        

                                                          29     


                                                                 
ASSOCIATION OR THE COMMITTEE'S SUCCESSOR ORGANIZATION, OR BY THE   1,284        

COMMISSION ON ACCREDITATION OF ALLIED HEALTH EDUCATION PROGRAMS    1,285        

OR ANY OF THE COMMISSION'S SUCCESSOR ORGANIZATIONS;                1,287        

      (3)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,289        

HOLDS CERTIFICATION FROM THE NATIONAL COMMISSION FOR               1,291        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS;                      1,292        

      (4)  ANY OTHER INFORMATION THE BOARD CONSIDERS NECESSARY TO  1,294        

PROCESS THE APPLICATION AND EVALUATE THE APPLICANT'S               1,295        

QUALIFICATIONS.                                                                 

      (B)  THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER  1,297        

THIS SECTION.  THE BOARD SHALL DETERMINE WHETHER AN APPLICANT      1,298        

MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF REGISTRATION    1,300        

NOT LATER THAN SIXTY DAYS AFTER RECEIVING A COMPLETE APPLICATION.  1,301        

THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD    1,303        

IS REQUIRED TO DETERMINE THAT AN APPLICANT MEETS THE REQUIREMENTS  1,304        

FOR A CERTIFICATE.                                                              

      A CERTIFICATE OF REGISTRATION SHALL NOT BE ISSUED TO AN      1,307        

APPLICANT UNLESS THE APPLICANT IS CERTIFIED BY THE NATIONAL        1,308        

COMMISSION FOR CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS OR A   1,309        

SUCCESSOR ORGANIZATION THAT IS RECOGNIZED BY THE BOARD, EXCEPT     1,311        

THAT THE BOARD MAY ISSUE A TEMPORARY CERTIFICATE OF REGISTRATION   1,313        

TO AN APPLICANT WHO HAS NOT YET TAKEN THE EXAMINATION OF THE       1,314        

COMMISSION OR ITS SUCCESSOR ORGANIZATION BUT IS ELIGIBLE FOR AND   1,316        

HAS MADE APPLICATION TO TAKE THE EXAMINATION.  A TEMPORARY                      

CERTIFICATE SHALL BE VALID ONLY UNTIL THE RESULTS OF THE NEXT      1,317        

EXAMINATIONS ARE AVAILABLE TO THE BOARD.                           1,318        

      (C)  AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF  1,320        

REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE       1,322        

HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED.               1,323        

      Sec. 4760.04.  IF THE STATE MEDICAL BOARD DETERMINES UNDER   1,325        

SECTION 4760.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE    1,326        

REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN               1,327        

ANESTHESIOLOGIST ASSISTANT, THE SECRETARY OF THE BOARD SHALL       1,328        

REGISTER THE APPLICANT AS AN ANESTHESIOLOGIST ASSISTANT AND ISSUE  1,329        

                                                          30     


                                                                 
TO THE APPLICANT A CERTIFICATE OF REGISTRATION AS AN               1,331        

ANESTHESIOLOGIST ASSISTANT.  THE CERTIFICATE SHALL EXPIRE                       

BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH SECTION 4760.06   1,333        

OF THE REVISED CODE.                                                            

      Sec. 4760.05.  ON APPLICATION BY THE HOLDER OF A             1,335        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE  1,336        

STATE MEDICAL BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO         1,337        

REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE,  1,338        

OR FOR ANY OTHER REASONABLE CAUSE.  THE FEE FOR A DUPLICATE        1,339        

CERTIFICATE IS THIRTY-FIVE DOLLARS.                                             

      Sec. 4760.06.  (A)  A PERSON SEEKING TO RENEW A CERTIFICATE  1,341        

OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL, ON OR      1,342        

BEFORE THE THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED       1,345        

YEAR, APPLY FOR RENEWAL OF THE CERTIFICATE.  THE STATE MEDICAL     1,346        

BOARD SHALL SEND RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE   1,347        

EXPIRATION DATE.                                                   1,348        

      APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE    1,350        

BOARD SHALL PRESCRIBE AND SUPPLY.  EACH APPLICATION SHALL BE       1,351        

ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF ONE HUNDRED DOLLARS.      1,352        

      THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT         1,354        

CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF         1,355        

REGISTRATION UNDER SECTION 4760.13 OF THE REVISED CODE TO WHICH    1,356        

THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN  1,358        

FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE   1,359        

FOR INTERVENTION IN LIEU OF CONVICTION, SINCE LAST SIGNING AN      1,361        

APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN                1,362        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (B)  TO BE ELIGIBLE FOR RENEWAL, AN ANESTHESIOLOGIST         1,364        

ASSISTANT MUST CERTIFY TO THE BOARD THAT THE ASSISTANT HAS         1,366        

MAINTAINED CERTIFICATION BY THE NATIONAL COMMISSION FOR THE        1,367        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS.                                   

      (C)  IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION  1,369        

AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS         1,371        

SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED          1,372        

                                                          31     


                                                                 
CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT.      1,373        

      (D)  A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON    1,375        

OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS    1,378        

EXPIRATION DATE.  THE BOARD SHALL REINSTATE A CERTIFICATE          1,380        

SUSPENDED FOR FAILURE TO RENEW ON AN APPLICANT'S SUBMISSION OF     1,381        

THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY.                   

THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE        1,382        

CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY     1,384        

DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO    1,385        

YEARS.                                                                          

      Sec. 4760.08.  AN ANESTHESIOLOGIST ASSISTANT SHALL PRACTICE  1,388        

ONLY UNDER THE DIRECT SUPERVISION AND IN THE IMMEDIATE PRESENCE    1,389        

OF A PHYSICIAN WHO IS ACTIVELY AND DIRECTLY ENGAGED IN THE         1,390        

CLINICAL PRACTICE OF MEDICINE AS AN ANESTHESIOLOGIST.  AN          1,391        

ANESTHESIOLOGIST ASSISTANT SHALL NOT PRACTICE IN ANY LOCATION      1,392        

OTHER THAN A SURGICAL FACILITY.                                                 

      EACH SUPERVISING ANESTHESIOLOGIST SHALL ADOPT A WRITTEN      1,395        

PRACTICE PROTOCOL THAT DELINEATES THE MEDICAL TASKS AND SERVICES   1,396        

AN ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO PROVIDE AND THE     1,398        

MANNER IN WHICH THE ANESTHESIOLOGIST ASSISTANT IS TO BE                         

SUPERVISED.  THE SUPERVISING ANESTHESIOLOGIST SHALL SUPERVISE THE  1,400        

ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH THE PROTOCOL AND     1,401        

THE RULES FOR SUPERVISION ADOPTED BY THE STATE MEDICAL BOARD.      1,402        

      Sec. 4760.09.  SUBJECT TO THE PROTOCOL ADOPTED UNDER         1,404        

SECTION 4760.08 OF THE REVISED CODE, AN ANESTHESIOLOGIST           1,406        

ASSISTANT MAY ASSIST THE SUPERVISING ANESTHESIOLOGIST IN           1,408        

DEVELOPING AND IMPLEMENTING ANESTHESIA CARE PLANS FOR PATIENTS BY  1,409        

DOING ANY OF THE FOLLOWING:                                        1,410        

      (A)  OBTAINING COMPREHENSIVE PATIENT HISTORIES AND           1,412        

PRESENTING THE HISTORIES TO THE SUPERVISING ANESTHESIOLOGIST;      1,413        

      (B)  PRETESTING AND CALIBRATING ANESTHESIA DELIVERY SYSTEMS  1,415        

AND MONITORING AND OBTAINING AND INTERPRETING INFORMATION FROM     1,416        

THE SYSTEMS AND MONITORS;                                          1,417        

      (C)  PREPARING PATIENTS FOR MONITORING BY INSERTING          1,419        

                                                          32     


                                                                 
ARTERIAL AND VENOUS CATHETERS AND PERFORMING OTHER MEDICALLY       1,420        

ACCEPTED MONITORING TECHNIQUES;                                    1,421        

      (D)  ESTABLISHING BASIC AND ADVANCED AIRWAY INTERVENTIONS,   1,423        

INCLUDING INTUBATION OF THE TRACHEA AND PERFORMING VENTILATORY     1,424        

SUPPORT;                                                                        

      (E)  ADMINISTERING INTERMITTENT VASOACTIVE DRUGS AND         1,426        

STARTING AND ADJUSTING VASOACTIVE INFUSIONS;                       1,427        

      (F)  ADMINISTERING ANESTHETIC, ADJUVANT, AND ACCESSORY       1,429        

DRUGS;                                                                          

      (G)  ADMINISTERING BLOOD, BLOOD PRODUCTS, AND SUPPORTIVE     1,432        

FLUIDS.                                                                         

      Sec. 4760.10.  (A)  IN ADDITION TO THE ACTIVITIES THAT AN    1,434        

ANESTHESIOLOGIST ASSISTANT MAY ENGAGE IN PURSUANT TO SECTION       1,435        

4760.09 OF THE REVISED CODE, THE SUPERVISING ANESTHESIOLOGIST OF   1,436        

AN ANESTHESIOLOGIST ASSISTANT MAY AUTHORIZE AN ANESTHESIOLOGIST    1,437        

ASSISTANT TO DO THE FOLLOWING:                                     1,439        

      (A)  PARTICIPATE IN ADMINISTRATIVE ACTIVITIES AND CLINICAL   1,441        

TEACHING ACTIVITIES;                                               1,442        

      (B)  PARTICIPATE IN RESEARCH ACTIVITIES BY PERFORMING THE    1,444        

SAME PROCEDURES THAT MAY BE PERFORMED PURSUANT TO SECTION 4760.09  1,445        

OF THE REVISED CODE;                                               1,446        

      (C)  PROVIDE ASSISTANCE TO A CARDIOPULMONARY RESUSCITATION   1,448        

TEAM IN RESPONSE TO A LIFE-THREATENING SITUATION;                  1,449        

      (D)  PERFORM OTHER TREATMENT MODALITIES OR ACTIVITIES THAT   1,451        

THE SUPERVISING ANESTHESIOLOGIST DETERMINES ARE WITHIN THE         1,452        

ASSISTANT'S TRAINING AND EXPERTISE.                                1,453        

      Sec. 4760.13.  (A)  THE STATE MEDICAL BOARD, BY AN           1,456        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY  1,457        

REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN                1,458        

ANESTHESIOLOGIST ASSISTANT TO A PERSON FOUND BY THE BOARD TO HAVE  1,459        

COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING FOR   1,460        

OR SECURING THE CERTIFICATE.                                       1,461        

      (B)  THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN     1,464        

SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT,         1,465        

                                                          33     


                                                                 
REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS  1,466        

AN ANESTHESIOLOGIST ASSISTANT, REFUSE TO ISSUE A CERTIFICATE TO    1,467        

AN APPLICANT, REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR   1,468        

PLACE ON PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE      1,470        

FOLLOWING REASONS:                                                              

      (1)  PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED  1,472        

BY ANOTHER PERSON;                                                 1,473        

      (2)  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS         1,475        

CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED   1,477        

BY THE BOARD;                                                                   

      (3)  VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR         1,479        

INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR       1,480        

CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER      1,482        

4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD;      1,483        

      (4)  A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL     1,485        

STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR       1,486        

SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT  1,487        

IS ESTABLISHED;                                                                 

      (5)  INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND       1,490        

PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR        1,491        

PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY  1,492        

AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;                                 

      (6)  IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO          1,494        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL    1,495        

OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES   1,496        

THAT IMPAIR ABILITY TO PRACTICE;                                   1,497        

      (7)  WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE;          1,499        

      (8)  MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING    1,501        

STATEMENT IN SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF     1,502        

REGISTRATION TO PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT.         1,503        

      AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR  1,506        

MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A            1,507        

MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE         1,508        

BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR    1,509        

                                                          34     


                                                                 
IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF           1,510        

FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS     1,511        

THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT    1,512        

PERSON TO MISUNDERSTAND OR BE DECEIVED.                                         

      (9)  THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR A   1,515        

THING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF   1,516        

PRACTICE;                                                                       

      (10)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,519        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,520        

CONVICTION FOR, A FELONY;                                                       

      (11)  COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN      1,522        

THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    1,523        

COMMITTED;                                                         1,524        

      (12)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,527        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,528        

CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF                        

PRACTICE;                                                          1,529        

      (13)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,532        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,533        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE;           1,534        

      (14)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT    1,536        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,538        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,539        

      (15)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT    1,541        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,542        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,543        

      (16)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,546        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,547        

CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE   1,548        

POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING            1,549        

TRAFFICKING IN DRUGS;                                                           

      (17)  ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE        1,552        

AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF                               

ANESTHESIOLOGIST ASSISTANTS IN ANOTHER JURISDICTION, FOR ANY       1,554        

                                                          35     


                                                                 
REASON OTHER THAN THE NONPAYMENT OF FEES:  THE LIMITATION,         1,555        

REVOCATION, OR SUSPENSION OF AN INDIVIDUAL'S LICENSE TO PRACTICE;  1,557        

ACCEPTANCE OF AN INDIVIDUAL'S LICENSE SURRENDER; DENIAL OF A       1,558        

LICENSE; REFUSAL TO RENEW OR REINSTATE A LICENSE; IMPOSITION OF    1,559        

PROBATION; OR ISSUANCE OF AN ORDER OF CENSURE OR OTHER REPRIMAND;  1,560        

      (18)  VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A   1,563        

CERTIFICATE OF REGISTRATION;                                                    

      (19)  VIOLATION OF THE CONDITIONS ON WHICH A TEMPORARY       1,566        

CERTIFICATE OF REGISTRATION IS ISSUED;                             1,567        

      (20) FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID           1,570        

PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051    1,571        

OF THE REVISED CODE;                                               1,572        

      (21)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY  1,574        

THE BOARD UNDER SECTION 4760.14 OF THE REVISED CODE, INCLUDING     1,576        

FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR  1,577        

FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT  1,578        

A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE    1,579        

TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS    1,580        

FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT          1,581        

JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA    1,582        

OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE    1,583        

IN ISSUE;                                                                       

      (22)  FAILURE TO COMPLY WITH ANY CODE OF ETHICS ESTABLISHED  1,585        

BY THE NATIONAL COMMISSION FOR THE CERTIFICATION OF                1,586        

ANESTHESIOLOGIST ASSISTANTS.                                                    

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           1,588        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   1,589        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT     1,591        

THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A        1,593        

CONSENT AGREEMENT WITH AN ANESTHESIOLOGIST ASSISTANT OR APPLICANT  1,594        

TO RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY     1,595        

RULE ADOPTED UNDER IT.  A CONSENT AGREEMENT, WHEN RATIFIED BY AN   1,596        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD,       1,597        

SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT  1,599        

                                                          36     


                                                                 
TO THE MATTER ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES    1,600        

TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS         1,601        

CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR         1,602        

EFFECT.                                                                         

      (D)  FOR PURPOSES OF DIVISIONS (B)(11), (14), AND (15) OF    1,604        

THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A    1,605        

FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER    1,607        

119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE        1,608        

HOLDER COMMITTED THE ACT IN QUESTION.  THE BOARD SHALL HAVE NO                  

JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT  1,609        

RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND     1,610        

THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS.  THE    1,611        

BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES       1,612        

WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL ON TECHNICAL    1,613        

OR PROCEDURAL GROUNDS.                                             1,614        

      (E)  THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL    1,616        

HAVE NO EFFECT ON A PRIOR BOARD ORDER ENTERED UNDER THE            1,617        

PROVISIONS OF THIS SECTION OR ON THE BOARD'S JURISDICTION TO TAKE  1,618        

ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A PLEA  1,619        

OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL FINDING OF   1,621        

ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION, THE BOARD      1,623        

ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO THE COURT'S  1,624        

ORDER TO SEAL THE RECORDS.  THE BOARD SHALL NOT BE REQUIRED TO     1,625        

SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT  1,626        

THE COURT'S SEALING OF CONVICTION RECORDS.                         1,627        

      (F)  FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO       1,630        

HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR  1,631        

APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO      1,632        

HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION   1,633        

WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED  1,634        

ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION    1,635        

REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION.                1,636        

      (1)  IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE       1,639        

BOARD, ON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY        1,640        

                                                          37     


                                                                 
INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER    1,641        

THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION  1,642        

PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL OR PHYSICAL         1,643        

EXAMINATION, OR BOTH.  A PHYSICAL EXAMINATION MAY INCLUDE AN HIV   1,644        

TEST.  THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF     1,645        

THE INDIVIDUAL COMPELLED TO BE EXAMINED.  FAILURE TO SUBMIT TO A   1,646        

MENTAL OR PHYSICAL EXAMINATION OR CONSENT TO AN HIV TEST ORDERED   1,648        

BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS AGAINST   1,649        

THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES BEYOND   1,650        

THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER MAY BE     1,651        

ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF                      

EVIDENCE.  IF THE BOARD FINDS AN ANESTHESIOLOGIST ASSISTANT        1,652        

UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION    1,654        

(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE                1,655        

ANESTHESIOLOGIST ASSISTANT TO SUBMIT TO CARE, COUNSELING, OR       1,656        

TREATMENT BY PHYSICIANS APPROVED OR DESIGNATED BY THE BOARD, AS A  1,657        

CONDITION FOR AN INITIAL, CONTINUED, REINSTATED, OR RENEWED        1,658        

CERTIFICATE OF REGISTRATION.  AN INDIVIDUAL AFFECTED BY THIS       1,659        

DIVISION SHALL BE AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE    1,660        

BOARD THE ABILITY TO RESUME PRACTICING IN COMPLIANCE WITH                       

ACCEPTABLE AND PREVAILING STANDARDS OF CARE.                       1,661        

      (2)  FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF     1,664        

THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A    1,665        

CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY       1,666        

APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH                        

IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A     1,667        

MENTAL OR PHYSICAL EXAMINATION, OR BOTH.  THE EXPENSE OF THE       1,668        

EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO   1,671        

BE EXAMINED.  ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER    1,673        

THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR       1,674        

PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE  1,675        

BOARD.                                                                          

      FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION        1,678        

ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS   1,680        

                                                          38     


                                                                 
AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES  1,681        

BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER     1,682        

MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF  1,683        

EVIDENCE.  IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY   1,684        

TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S  1,685        

CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL         1,686        

REQUIRE THE INDIVIDUAL, AS A CONDITION FOR AN INITIAL, CONTINUED,  1,687        

REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION, TO SUBMIT TO   1,688        

TREATMENT.                                                         1,689        

      BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A        1,691        

CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ANESTHESIOLOGIST    1,692        

ASSISTANT SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME     1,693        

PRACTICE IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS    1,694        

OF CARE.  THE DEMONSTRATION SHALL INCLUDE THE FOLLOWING:           1,696        

      (a)  CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER  1,699        

SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS        1,700        

SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT;           1,701        

      (b)  EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN          1,704        

AFTERCARE CONTRACT OR CONSENT AGREEMENT;                                        

      (c)  TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S    1,707        

ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS  1,708        

BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND                    

PREVAILING STANDARDS OF CARE.  THE REPORTS SHALL BE MADE BY        1,709        

INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH     1,710        

ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION.  1,712        

      THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS   1,715        

DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS     1,716        

ENTERED INTO A WRITTEN CONSENT AGREEMENT.                                       

      WHEN THE IMPAIRED ANESTHESIOLOGIST ASSISTANT RESUMES         1,718        

PRACTICE, THE BOARD SHALL REQUIRE CONTINUED MONITORING OF THE      1,719        

ANESTHESIOLOGIST ASSISTANT.  THE MONITORING SHALL INCLUDE          1,721        

MONITORING OF COMPLIANCE WITH THE WRITTEN CONSENT AGREEMENT        1,723        

ENTERED INTO BEFORE REINSTATEMENT OR WITH CONDITIONS IMPOSED BY    1,724        

BOARD ORDER AFTER A HEARING, AND, ON TERMINATION OF THE CONSENT    1,725        

                                                          39     


                                                                 
AGREEMENT, SUBMISSION TO THE BOARD FOR AT LEAST TWO YEARS OF       1,726        

ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER PENALTY OF              1,727        

FALSIFICATION STATING WHETHER THE ANESTHESIOLOGIST ASSISTANT HAS                

MAINTAINED SOBRIETY.                                               1,728        

      (G)  IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT  1,731        

THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ANESTHESIOLOGIST    1,732        

ASSISTANT HAS VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE   1,733        

INDIVIDUAL'S CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE     1,734        

AND SERIOUS HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD  1,735        

SUSPEND THE INDIVIDUAL'S CERTIFICATE OR REGISTRATION WITHOUT A     1,737        

PRIOR HEARING.  WRITTEN ALLEGATIONS SHALL BE PREPARED FOR                       

CONSIDERATION BY THE BOARD.                                        1,738        

      THE BOARD, ON REVIEW OF THE ALLEGATIONS AND BY AN            1,740        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING   1,742        

THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE    1,743        

WITHOUT A PRIOR HEARING.  A TELEPHONE CONFERENCE CALL MAY BE       1,744        

UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE  1,745        

SUMMARY SUSPENSION.                                                1,746        

      THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY       1,748        

CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF   1,749        

THE REVISED CODE.  THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION    1,751        

BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION     1,752        

119.12 OF THE REVISED CODE.  IF THE ANESTHESIOLOGIST ASSISTANT     1,753        

REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR    1,754        

THE HEARING SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN     1,755        

SEVEN DAYS, AFTER THE ANESTHESIOLOGIST ASSISTANT REQUESTS THE      1,756        

HEARING, UNLESS OTHERWISE AGREED TO BY BOTH THE BOARD AND THE      1,757        

CERTIFICATE HOLDER.                                                             

      A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL       1,759        

REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL         1,760        

ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION    1,761        

AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE.   THE      1,763        

BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS   1,764        

AFTER COMPLETION OF ITS HEARING.  FAILURE TO ISSUE THE ORDER       1,765        

                                                          40     


                                                                 
WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY       1,766        

SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL   1,767        

ADJUDICATIVE ORDER.                                                             

      (H)  IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11),       1,771        

(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT,  1,772        

GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION   1,774        

IN LIEU OF CONVICTION IS OVERTURNED ON APPEAL, ON EXHAUSTION OF    1,775        

THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER   1,776        

MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT           1,777        

DOCUMENTS.  ON RECEIPT OF A PETITION AND SUPPORTING COURT          1,778        

DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF            1,779        

REGISTRATION.  THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER       1,780        

CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE          1,781        

INDIVIDUAL COMMITTED THE ACT IN QUESTION.  NOTICE OF OPPORTUNITY   1,783        

FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE  1,784        

REVISED CODE.  IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION     1,785        

HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT,   1,786        

OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS   1,787        

SPECIFIED IN DIVISION (B) OF THIS SECTION.                         1,788        

      (I)  THE CERTIFICATE OF REGISTRATION OF AN ANESTHESIOLOGIST  1,791        

ASSISTANT AND THE ASSISTANT'S PRACTICE IN THIS STATE ARE           1,792        

AUTOMATICALLY SUSPENDED AS OF THE DATE THE ANESTHESIOLOGIST        1,793        

ASSISTANT PLEADS GUILTY TO, IS FOUND BY A JUDGE OR JURY TO BE      1,795        

GUILTY OF, OR IS SUBJECT TO A JUDICIAL FINDING OF ELIGIBILITY FOR  1,796        

INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR TREATMENT OF                

INTERVENTION IN LIEU OF CONVICTION IN ANOTHER JURISDICTION FOR     1,797        

ANY OF THE FOLLOWING CRIMINAL OFFENSES IN THIS STATE OR A          1,798        

SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER               1,799        

JURISDICTION:  AGGRAVATED MURDER, MURDER, VOLUNTARY MANSLAUGHTER,  1,801        

FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL BATTERY, GROSS SEXUAL  1,802        

IMPOSITION, AGGRAVATED ARSON, AGGRAVATED ROBBERY, OR AGGRAVATED    1,803        

BURGLARY.  CONTINUED PRACTICE AFTER THE SUSPENSION SHALL BE        1,805        

CONSIDERED PRACTICING WITHOUT A CERTIFICATE.                       1,806        

      THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE         1,809        

                                                          41     


                                                                 
SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH                    

SECTION 119.07 OF THE REVISED CODE.  IF AN INDIVIDUAL WHOSE        1,810        

CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A       1,811        

TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE       1,813        

REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY      1,814        

REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION.             1,815        

      (J)  IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY       1,818        

CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY     1,819        

FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT      1,820        

TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE  1,822        

REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT     1,823        

MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS     1,825        

MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS.  IN     1,826        

THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS          1,827        

IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION.              1,828        

      (K)  ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF     1,831        

THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A   1,832        

WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE                1,833        

ANESTHESIOLOGIST ASSISTANT'S CERTIFICATE MAY BE REINSTATED.  THE   1,834        

BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE     1,836        

REVISED CODE GOVERNING CONDITIONS TO BE IMPOSED FOR                             

REINSTATEMENT.  REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT  1,837        

TO DIVISION (B) OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF    1,839        

NOT FEWER THAN SIX MEMBERS OF THE BOARD.                                        

      (L)  WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF        1,842        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT TO AN APPLICANT,     1,843        

REVOKES AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO    1,845        

RENEW A CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN    1,846        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY    1,847        

THAT ITS ACTION IS PERMANENT.  AN INDIVIDUAL SUBJECT TO A          1,848        

PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER          1,849        

INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN             1,850        

ANESTHESIOLOGIST ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN       1,851        

APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE   1,852        

                                                          42     


                                                                 
OF A NEW CERTIFICATE.                                              1,853        

      (M)  NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED      1,856        

CODE, ALL OF THE FOLLOWING APPLY:                                               

      (1)  THE SURRENDER OF A CERTIFICATE OF REGISTRATION ISSUED   1,859        

UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS OR UNTIL ACCEPTED BY    1,860        

THE BOARD.  REINSTATEMENT OF A CERTIFICATE SURRENDERED TO THE      1,861        

BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS   1,862        

OF THE BOARD.                                                                   

      (2)  AN APPLICATION MADE UNDER THIS CHAPTER FOR A            1,865        

CERTIFICATE OF REGISTRATION MAY NOT BE WITHDRAWN WITHOUT APPROVAL  1,866        

OF THE BOARD.                                                                   

      (3)  FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF      1,869        

REGISTRATION IN ACCORDANCE WITH SECTION 4760.06 OF THE REVISED     1,870        

CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE    1,871        

DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL.     1,872        

      Sec. 4760.131.  ON RECEIPT OF A NOTICE PURSUANT TO SECTION   1,875        

2301.373 OF THE REVISED CODE, THE STATE MEDICAL BOARD SHALL                     

COMPLY WITH THAT SECTION WITH RESPECT TO A CERTIFICATE OF          1,876        

REGISTRATION ISSUED PURSUANT TO THIS CHAPTER.                      1,877        

      Sec. 4760.132.  IF THE STATE MEDICAL BOARD HAS REASON TO     1,879        

BELIEVE THAT ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF      1,880        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT UNDER THIS CHAPTER   1,882        

IS MENTALLY ILL OR MENTALLY INCOMPETENT, IT MAY FILE IN THE        1,883        

PROBATE COURT OF THE COUNTY IN WHICH THE PERSON HAS A LEGAL        1,884        

RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN SECTION 5122.11   1,885        

OF THE REVISED CODE AND SIGNED BY THE BOARD SECRETARY OR A MEMBER  1,886        

OF THE BOARD SECRETARY'S STAFF, WHEREUPON THE SAME PROCEEDINGS     1,888        

SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE REVISED CODE.     1,889        

THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN ANY PROCEEDING     1,891        

COMMENCED UNDER THIS SECTION.                                                   

      IF ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF          1,893        

REGISTRATION IS ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR  1,894        

MENTALLY INCOMPETENT, THE PERSON'S CERTIFICATE SHALL BE            1,895        

AUTOMATICALLY SUSPENDED UNTIL THE PERSON HAS FILED WITH THE STATE  1,897        

                                                          43     


                                                                 
MEDICAL BOARD A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE     1,898        

COURT OF THE PERSON'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS  1,900        

SUBMITTED TO THE BOARD PROOF, SATISFACTORY TO THE BOARD, THAT THE  1,901        

PERSON HAS BEEN DISCHARGED AS HAVING A RESTORATION TO COMPETENCY   1,903        

IN THE MANNER AND FORM PROVIDED IN SECTION 5122.38 OF THE REVISED  1,904        

CODE.  THE JUDGE OF THE PROBATE COURT SHALL FORTHWITH NOTIFY THE   1,905        

STATE MEDICAL BOARD OF AN ADJUDICATION OF MENTAL ILLNESS OR        1,906        

MENTAL INCOMPETENCE, AND SHALL NOTE ANY SUSPENSION OF A            1,908        

CERTIFICATE IN THE MARGIN OF THE COURT'S RECORD OF SUCH            1,909        

CERTIFICATE.                                                                    

      Sec. 4760.14.  (A)  THE STATE MEDICAL BOARD SHALL            1,912        

INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS      1,913        

VIOLATED THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON                

MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE    1,914        

PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF    1,915        

THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF     1,916        

BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES      1,918        

BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119.   1,919        

OF THE REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A     1,920        

RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY.  EACH  1,921        

COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD       1,923        

SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD.      1,924        

      (B)  INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER    1,926        

OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING   1,927        

MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF  1,929        

THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION       1,930        

4760.15 OF THE REVISED CODE.  THE BOARD'S PRESIDENT MAY DESIGNATE  1,931        

ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN      1,932        

PLACE OF THE SUPERVISING MEMBER.  A MEMBER OF THE BOARD WHO        1,933        

SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN    1,934        

FURTHER ADJUDICATION OF THE CASE.                                               

      (C)  IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER   1,936        

OR THE RULES ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS,     1,937        

ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE   1,938        

                                                          44     


                                                                 
ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS,         1,939        

PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA  1,940        

FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT         1,941        

CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF    1,942        

THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD.  BEFORE         1,943        

ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE         1,945        

SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS  1,946        

PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A       1,947        

VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT AND THAT   1,948        

THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND       1,949        

MATERIAL TO THE INVESTIGATION.  THE SUBPOENA MAY APPLY ONLY TO     1,950        

RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE     1,952        

ALLEGED VIOLATION.                                                              

      ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD   1,955        

AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE    1,956        

BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS   1,957        

OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE.               1,958        

      A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,   1,960        

THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE        1,961        

BOARD.  SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY   1,963        

DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN,     1,964        

READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL      1,965        

PLACE OF RESIDENCE.  WHEN THE PERSON BEING SERVED IS AN            1,966        

ANESTHESIOLOGIST ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE    1,967        

BY CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED,  1,968        

AND THE SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS    1,969        

MADE OR THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY.            1,970        

      A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE   1,973        

SAME FEES AS A SHERIFF.  EACH WITNESS WHO APPEARS BEFORE THE       1,974        

BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND        1,975        

MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF                  

COMMON PLEAS.                                                      1,976        

      (D)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   1,978        

CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF   1,979        

                                                          45     


                                                                 
THE REVISED CODE.                                                               

      (E)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        1,981        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  1,982        

CIVIL ACTION.                                                      1,983        

      THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS   1,986        

IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND      1,987        

PERSONS WHO FILE COMPLAINTS WITH THE BOARD.  THE BOARD SHALL NOT   1,989        

MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT   1,990        

PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN.           1,991        

      THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO  1,994        

AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD     1,995        

INFORMATION, WITH LAW ENFORCEMENT AGENCIES, OTHER LICENSING        1,996        

BOARDS, AND OTHER GOVERNMENTAL AGENCIES THAT ARE PROSECUTING,      1,998        

ADJUDICATING, OR INVESTIGATING ALLEGED VIOLATIONS OF STATUTES OR   1,999        

ADMINISTRATIVE RULES.  AN AGENCY OR BOARD THAT RECEIVES THE        2,000        

INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING      2,001        

CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST   2,002        

COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED                

CODE OR PROCEDURE OF THE AGENCY OR BOARD THAT APPLIES WHEN IT IS   2,003        

DEALING WITH OTHER INFORMATION IN ITS POSSESSION.  IN A JUDICIAL   2,004        

PROCEEDING, THE INFORMATION MAY BE ADMITTED INTO EVIDENCE ONLY IN  2,006        

ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE COURT SHALL         2,007        

REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT         2,008        

CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE      2,009        

INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION   2,010        

ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY WAS           2,011        

PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS IN   2,012        

THE BOARD'S POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT                

MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING  2,014        

SPECIFIC INFORMATION FROM ITS RECORDS.                             2,015        

      (F)  THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR  2,018        

AND PROVIDE APPROPRIATE INITIAL TRAINING AND CONTINUING EDUCATION  2,019        

FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES    2,020        

UNDER THIS CHAPTER.  THE TRAINING AND CONTINUING EDUCATION MAY     2,021        

                                                          46     


                                                                 
INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO     2,022        

PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS            2,023        

APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE    2,024        

REVISED CODE.                                                                   

      (G)  ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT  2,027        

THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING   2,028        

THREE MONTHS.  THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION  2,029        

FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES:   2,030        

      (1)  THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED    2,033        

VIOLATION;                                                                      

      (2)  THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY    2,036        

THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;                          

      (3)  A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE       2,038        

COMPLAINT;                                                         2,039        

      (4)  THE DISPOSITION OF THE CASE.                            2,041        

      THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING,     2,043        

AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF    2,046        

EACH PERSON INVOLVED IN EACH CASE.  THE REPORT IS A PUBLIC RECORD               

FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.                2,047        

      Sec. 4760.15.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    2,049        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    2,050        

      (B)  WHENEVER ANY PERSON HOLDING A VALID CERTIFICATE ISSUED  2,052        

PURSUANT TO THIS CHAPTER PLEADS GUILTY TO, IS SUBJECT TO A         2,054        

JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A JUDICIAL FINDING  2,055        

OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR A        2,056        

VIOLATION OF CHAPTER 2907., 2925., OR 3719. OF THE REVISED CODE                 

OR OF ANY SUBSTANTIVELY COMPARABLE ORDINANCE OF A MUNICIPAL        2,057        

CORPORATION IN CONNECTION WITH THE PERSON'S PRACTICE, THE          2,058        

PROSECUTOR IN THE CASE, ON FORMS PRESCRIBED AND PROVIDED BY THE    2,060        

STATE MEDICAL BOARD, SHALL PROMPTLY NOTIFY THE BOARD OF THE        2,061        

CONVICTION.  WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION,    2,063        

THE BOARD SHALL INITIATE ACTION IN ACCORDANCE WITH CHAPTER 119.    2,064        

OF THE REVISED CODE TO DETERMINE WHETHER TO SUSPEND OR REVOKE THE  2,065        

CERTIFICATE UNDER SECTION 4760.13 OF THE REVISED CODE.             2,066        

                                                          47     


                                                                 
      (C)  THE PROSECUTOR IN ANY CASE AGAINST ANY PERSON HOLDING   2,068        

A VALID CERTIFICATE OF REGISTRATION ISSUED PURSUANT TO THIS        2,069        

CHAPTER, ON FORMS PRESCRIBED AND PROVIDED BY THE STATE MEDICAL     2,070        

BOARD, SHALL NOTIFY THE BOARD OF ANY OF THE FOLLOWING:             2,071        

      (1)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,074        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,075        

LIEU OF CONVICTION FOR A FELONY, OR A CASE IN WHICH THE TRIAL      2,077        

COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL    2,078        

GROUNDS OF A FELONY CHARGE;                                        2,079        

      (2)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,083        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,084        

LIEU OF CONVICTION FOR A MISDEMEANOR COMMITTED IN THE COURSE OF    2,086        

PRACTICE, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF    2,087        

DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A    2,089        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     2,090        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,093        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,094        

LIEU OF CONVICTION FOR A MISDEMEANOR INVOLVING MORAL TURPITUDE,    2,096        

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    2,097        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR  2,099        

INVOLVING MORAL TURPITUDE.                                         2,100        

      THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE         2,102        

CERTIFICATE HOLDER, THE NATURE OF THE OFFENSE FOR WHICH THE        2,103        

ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE  2,104        

ACTION.                                                            2,105        

      Sec. 4760.16.  (A)  WITHIN SIXTY DAYS AFTER THE IMPOSITION   2,108        

OF ANY FORMAL DISCIPLINARY ACTION TAKEN BY ANY HEALTH CARE         2,109        

FACILITY, INCLUDING A HOSPITAL, HEALTH CARE FACILITY OPERATED BY   2,110        

AN INSURING CORPORATION, AMBULATORY SURGICAL CENTER, OR SIMILAR    2,111        

FACILITY, AGAINST ANY INDIVIDUAL HOLDING A VALID CERTIFICATE OF    2,113        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE CHIEF           2,114        

ADMINISTRATOR OR EXECUTIVE OFFICER OF THE FACILITY SHALL REPORT    2,117        

TO THE STATE MEDICAL BOARD THE NAME OF THE INDIVIDUAL, THE ACTION  2,118        

                                                          48     


                                                                 
TAKEN BY THE FACILITY, AND A SUMMARY OF THE UNDERLYING FACTS       2,119        

LEADING TO THE ACTION TAKEN.  ON REQUEST, THE BOARD SHALL BE       2,120        

PROVIDED CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE                  

BASIS FOR THE FACILITY'S ACTION.   PRIOR TO RELEASE TO THE BOARD,  2,122        

THE SUMMARY SHALL BE APPROVED BY THE PEER REVIEW COMMITTEE THAT    2,123        

REVIEWED THE CASE OR BY THE GOVERNING BOARD OF THE FACILITY.       2,125        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,128        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY                  

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE         2,129        

FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST AN                2,131        

ANESTHESIOLOGIST ASSISTANT.                                                     

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,133        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,134        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,135        

      (B)  AN ANESTHESIOLOGIST ASSISTANT, PROFESSIONAL             2,137        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS, PHYSICIAN,  2,139        

OR PROFESSIONAL ASSOCIATION OR SOCIETY OF PHYSICIANS THAT          2,140        

BELIEVES A VIOLATION OF ANY PROVISION OF THIS CHAPTER, CHAPTER     2,141        

4731. OF THE REVISED CODE, OR RULE OF THE BOARD HAS OCCURRED       2,144        

SHALL REPORT TO THE BOARD THE INFORMATION ON WHICH THE BELIEF IS   2,145        

BASED.  THIS DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER      2,146        

APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE REVISED CODE    2,148        

OR ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO    2,149        

MAKE REPORTS WITH RESPECT TO AN ANESTHESIOLOGIST ASSISTANT                      

PARTICIPATING IN TREATMENT OR AFTERCARE FOR SUBSTANCE ABUSE AS     2,151        

LONG AS THE ANESTHESIOLOGIST ASSISTANT MAINTAINS PARTICIPATION IN  2,152        

ACCORDANCE WITH THE REQUIREMENTS OF SECTION 4731.25 OF THE         2,153        

REVISED CODE AND THE TREATMENT PROVIDER OR EMPLOYEE, AGENT, OR     2,155        

REPRESENTATIVE OF THE PROVIDER HAS NO REASON TO BELIEVE THAT THE   2,156        

ANESTHESIOLOGIST ASSISTANT HAS VIOLATED ANY PROVISION OF THIS      2,157        

CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY     2,158        

ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT       2,159        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,160        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,161        

                                                          49     


                                                                 
REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,162        

PROFESSIONAL ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST            2,163        

ASSISTANTS TO PROVIDE PEER ASSISTANCE TO ANESTHESIOLOGIST          2,165        

ASSISTANTS WITH SUBSTANCE ABUSE PROBLEMS WITH RESPECT TO AN        2,166        

ANESTHESIOLOGIST ASSISTANT WHO HAS BEEN REFERRED FOR EXAMINATION   2,167        

TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER SECTION         2,168        

4731.25 OF THE REVISED CODE IF THE ANESTHESIOLOGIST ASSISTANT      2,169        

COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,170        

DETERMINATION THAT THE ANESTHESIOLOGIST ASSISTANT SHOULD ENTER                  

TREATMENT AND AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR  2,172        

AGENT HAS NO REASON TO BELIEVE THAT THE ANESTHESIOLOGIST           2,173        

ASSISTANT HAS CEASED TO PARTICIPATE IN THE TREATMENT PROGRAM IN    2,174        

ACCORDANCE WITH SECTION 4731.25 OF THE REVISED CODE OR HAS         2,175        

VIOLATED ANY PROVISION OF THIS CHAPTER OR RULE ADOPTED UNDER IT,   2,176        

OTHER THAN BEING IMPAIRED BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  2,177        

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,179        

PRIMARILY OF ANESTHESIOLOGIST ASSISTANTS THAT SUSPENDS OR REVOKES  2,180        

AN INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS,  2,181        

OR FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL        2,182        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,183        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,184        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,186        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,187        

LEADING TO THE ACTION TAKEN.                                       2,188        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,190        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY     2,191        

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL        2,192        

ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN            2,194        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,197        

TO ANY PERSON HOLDING A VALID CERTIFICATE OF REGISTRATION AS AN    2,198        

ANESTHESIOLOGIST ASSISTANT OR ANY OTHER ENTITY THAT SEEKS TO       2,199        

INDEMNIFY THE PROFESSIONAL LIABILITY OF AN ANESTHESIOLOGIST        2,200        

ASSISTANT SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER THE                   

                                                          50     


                                                                 
FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH      2,201        

DISPOSITION RESULTS IN A PAYMENT EXCEEDING TWENTY-FIVE THOUSAND    2,202        

DOLLARS.  THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:      2,203        

      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,205        

NOTIFICATION;                                                      2,206        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,209        

OF THE CLAIM;                                                                   

      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,211        

      (4)  THE DATE OF FINAL DISPOSITION;                          2,213        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,216        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,219        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,222        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,223        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,224        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,225        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,226        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TWENTY-FIVE     2,228        

THOUSAND DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING      2,229        

NEGLIGENT CONDUCT BY THE ANESTHESIOLOGIST ASSISTANT.               2,230        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,233        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,234        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,235        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING AN      2,236        

ANESTHESIOLOGIST ASSISTANT, SUPERVISING PHYSICIAN, OR HEALTH CARE               

FACILITY ARISING OUT OF MATTERS THAT ARE THE SUBJECT OF THE        2,238        

REPORTING REQUIRED BY THIS SECTION.  THE BOARD MAY USE THE         2,239        

INFORMATION OBTAINED ONLY AS THE BASIS FOR AN INVESTIGATION, AS    2,241        

EVIDENCE IN A DISCIPLINARY HEARING AGAINST AN ANESTHESIOLOGIST     2,242        

ASSISTANT OR SUPERVISING PHYSICIAN, OR IN ANY SUBSEQUENT TRIAL OR  2,243        

APPEAL OF A BOARD ACTION OR ORDER.                                 2,245        

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          2,247        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           2,248        

                                                          51     


                                                                 
COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       2,250        

CREDENTIALING OR RECREDENTIALING AN ANESTHESIOLOGIST ASSISTANT OR  2,251        

SUPERVISING PHYSICIAN OR REVIEWING THEIR PRIVILEGE TO PRACTICE     2,253        

WITHIN A PARTICULAR FACILITY.  THE BOARD SHALL INDICATE WHETHER    2,254        

OR NOT THE INFORMATION HAS BEEN VERIFIED.  INFORMATION                          

TRANSMITTED BY THE BOARD SHALL BE SUBJECT TO THE SAME              2,255        

CONFIDENTIALITY PROVISIONS AS WHEN MAINTAINED BY THE BOARD.        2,256        

      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   2,259        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   2,260        

REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   2,261        

ANESTHESIOLOGIST ASSISTANT.  THE ANESTHESIOLOGIST ASSISTANT SHALL  2,263        

HAVE THE RIGHT TO FILE A STATEMENT WITH THE BOARD CONCERNING THE   2,264        

CORRECTNESS OR RELEVANCE OF THE INFORMATION.  THE STATEMENT SHALL  2,265        

AT ALL TIMES ACCOMPANY THAT PART OF THE RECORD IN CONTENTION.      2,267        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    2,270        

REFERS AN IMPAIRED ANESTHESIOLOGIST ASSISTANT TO A TREATMENT       2,271        

PROVIDER APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE        2,273        

REVISED CODE SHALL NOT BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A   2,274        

RESULT OF THE REPORT, REFERRAL, OR PROVISION OF THE INFORMATION.   2,275        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    2,278        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS THAT                      

SPONSORS A COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO AN   2,281        

ANESTHESIOLOGIST ASSISTANT WITH SUBSTANCE ABUSE PROBLEMS, A                     

REPRESENTATIVE OR AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A      2,283        

MEMBER OF THE STATE MEDICAL BOARD SHALL NOT BE HELD LIABLE IN      2,284        

DAMAGES TO ANY PERSON BY REASON OF ACTIONS TAKEN TO REFER AN       2,285        

ANESTHESIOLOGIST ASSISTANT TO A TREATMENT PROVIDER APPROVED UNDER  2,286        

SECTION 4731.25 OF THE REVISED CODE FOR EXAMINATION OR TREATMENT.  2,287        

      Sec. 4760.17.  THE SECRETARY OF THE STATE MEDICAL BOARD      2,290        

SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF                 2,291        

ANESTHESIOLOGIST ASSISTANTS.  IF THE SECRETARY HAS KNOWLEDGE OR                 

NOTICE OF A VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER   2,293        

IT, THE SECRETARY SHALL INVESTIGATE THE MATTER, AND, UPON          2,294        

PROBABLE CAUSE APPEARING, FILE A COMPLAINT AND PROSECUTE THE       2,295        

                                                          52     


                                                                 
OFFENDER.  WHEN REQUESTED BY THE SECRETARY, THE PROSECUTING        2,296        

ATTORNEY OF THE PROPER COUNTY SHALL TAKE CHARGE OF AND CONDUCT     2,297        

THE PROSECUTION.                                                                

      Sec. 4760.18.  THE ATTORNEY GENERAL, THE PROSECUTING         2,300        

ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE WAS COMMITTED OR THE   2,301        

OFFENDER RESIDES, THE STATE MEDICAL BOARD, OR ANY OTHER PERSON     2,302        

HAVING KNOWLEDGE OF A PERSON ENGAGED EITHER DIRECTLY OR BY         2,303        

COMPLICITY IN PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT WITHOUT  2,305        

HAVING FIRST OBTAINED A CERTIFICATE OF REGISTRATION PURSUANT TO    2,306        

THIS CHAPTER, MAY, IN ACCORDANCE WITH PROVISIONS OF THE REVISED    2,307        

CODE GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THE  2,308        

STATE TO ENJOIN ANY PERSON FROM ENGAGING EITHER DIRECTLY OR BY     2,309        

COMPLICITY IN UNLAWFULLY PRACTICING AS AN ANESTHESIOLOGIST         2,311        

ASSISTANT BY APPLYING FOR AN INJUNCTION IN ANY COURT OF COMPETENT  2,312        

JURISDICTION.                                                      2,313        

      PRIOR TO APPLICATION FOR AN INJUNCTION, THE SECRETARY OF     2,315        

THE STATE MEDICAL BOARD SHALL NOTIFY THE PERSON ALLEGEDLY ENGAGED  2,316        

EITHER DIRECTLY OR BY COMPLICITY IN THE UNLAWFUL PRACTICE BY       2,318        

REGISTERED MAIL THAT THE SECRETARY HAS RECEIVED INFORMATION        2,319        

INDICATING THAT THIS PERSON IS SO ENGAGED.  THE PERSON SHALL       2,320        

ANSWER THE SECRETARY WITHIN THIRTY DAYS SHOWING THAT THE PERSON    2,321        

IS EITHER PROPERLY LICENSED FOR THE STATED ACTIVITY OR THAT THE    2,323        

PERSON IS NOT IN VIOLATION OF THIS CHAPTER.  IF THE ANSWER IS NOT  2,326        

FORTHCOMING WITHIN THIRTY DAYS AFTER NOTICE BY THE SECRETARY, THE  2,328        

SECRETARY SHALL REQUEST THAT THE ATTORNEY GENERAL, THE             2,329        

PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE OFFENSE WAS                     

COMMITTED OR THE OFFENDER RESIDES, OR THE STATE MEDICAL BOARD      2,330        

PROCEED AS AUTHORIZED IN THIS SECTION.                             2,331        

      UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT   2,333        

SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME    2,334        

PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER    2,336        

CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE POSITION OF  2,338        

THE PROCEEDING ON THE CALENDAR OF THE COURT.                                    

      INJUNCTION PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN   2,341        

                                                          53     


                                                                 
LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS         2,342        

CHAPTER.                                                                        

      Sec. 4760.19.  THE STATE MEDICAL BOARD MAY ADOPT ANY RULES   2,344        

NECESSARY TO GOVERN THE PRACTICE OF ANESTHESIOLOGIST ASSISTANTS,   2,346        

THE SUPERVISORY RELATIONSHIP BETWEEN ANESTHESIOLOGIST ASSISTANTS   2,348        

AND SUPERVISING ANESTHESIOLOGISTS, AND THE ADMINISTRATION AND      2,349        

ENFORCEMENT OF THIS CHAPTER.  RULES ADOPTED UNDER THIS SECTION     2,350        

SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED    2,351        

CODE.                                                                           

      Sec. 4760.20.  THE STATE MEDICAL BOARD, SUBJECT TO THE       2,353        

APPROVAL OF THE CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS    2,355        

OF THE AMOUNTS SPECIFIED IN THIS CHAPTER, EXCEPT THAT THE FEES     2,358        

MAY NOT EXCEED THE SPECIFIED AMOUNTS BY MORE THAN FIFTY PER CENT.  2,360        

      ALL FEES, PENALTIES, AND OTHER FUNDS RECEIVED BY THE BOARD   2,362        

UNDER THIS CHAPTER SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION   2,363        

4731.24 OF THE REVISED CODE.                                                    

      Sec. 4760.21.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     2,366        

STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT                 

OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE   2,368        

BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE   2,369        

HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT,     2,370        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL     2,371        

DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER.  IF ANY   2,373        

SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR  2,374        

ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR   2,375        

DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE       2,376        

REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND   2,377        

THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE      2,378        

DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY    2,379        

FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT,     2,380        

COMPROMISE, OR SETTLEMENT.  AT NO TIME SHALL THE STATE PAY ANY     2,381        

PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY      2,382        

DAMAGES.                                                                        

      Sec. 4760.99.  (A)  WHOEVER VIOLATES SECTION 4760.02 OF THE  2,384        

                                                          54     


                                                                 
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A   2,386        

FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS GUILTY    2,388        

OF A FELONY OF THE FOURTH DEGREE.                                               

      (B)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      2,391        

SECTION 4760.16 OF THE REVISED CODE IS GUILTY OF A MINOR           2,392        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE     2,393        

PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     2,394        

THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     2,395        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          2,396        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 2,397        

      Section 2.  That existing sections 4731.051, 4731.07,        2,399        

4731.22, 4731.224, 4731.24, 4731.25, and 4731.35 of the Revised    2,401        

Code are hereby repealed.                                                       

      Section 3.  Section 4760.02 of the Revised Code as enacted   2,403        

by this act shall take effect one year after the effective date    2,404        

of this section.                                                                

      Section 4.  The authority this act grants to the State       2,406        

Medical Board to take disciplinary action under section 4760.13    2,407        

of the Revised Code against a person who has been found eligible   2,408        

for intervention in lieu of conviction extends to a person who,    2,409        

prior to the effective date of Am. Sub. S.B. 107 of the 123rd      2,410        

General Assembly, was found eligible for treatment in lieu of      2,411        

conviction.