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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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.