As Reported by the Senate Health, Human Services            2            

                       and Aging Committee                         2            

123rd General Assembly                                             5            

   Regular Session                             Sub. S. B. No. 278  6            

      1999-2000                                                    7            


              SENATORS DRAKE-FINGERHUT-SPADA-HAGAN                 9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 4731.051, 4731.07, 4731.22,         13           

                4731.224, 4731.24, 4731.25, and 4731.35 and to     14           

                enact sections 4760.01, 4760.02, 4760.03,          15           

                4760.031, 4760.04, 4760.05, 4760.06, 4760.08,                   

                4760.09, 4760.10, 4760.13, 4760.131, 4760.132,     18           

                4760.14, 4760.15, 4760.16, 4760.17, 4760.18,                    

                4760.19, 4760.20, 4760.21, and 4760.99 of the      19           

                Revised Code to provide for the regulation of      20           

                anesthesiologist assistants and to declare an                   

                emergency.                                         21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 4731.051, 4731.07, 4731.22,        25           

4731.224, 4731.24, 4731.25, and 4731.35 be amended and sections    27           

4760.01, 4760.02, 4760.03, 4760.031, 4760.04, 4760.05, 4760.06,    28           

4760.08, 4760.09, 4760.10, 4760.13, 4760.131, 4760.132, 4760.14,                

4760.15, 4760.16, 4760.17, 4760.18, 4760.19, 4760.20, 4760.21,     29           

and 4760.99 of the Revised Code be enacted to read as follows:     31           

      Sec. 4731.051.  The state medical board shall adopt rules    40           

in accordance with Chapter 119. of the Revised Code establishing   42           

universal blood and body fluid precautions that shall be used by   44           

each person who performs exposure prone invasive procedures and    46           

is authorized to practice by this chapter or Chapter 4730. OR      47           

4760. of the Revised Code.  The rules shall define and establish   48           

requirements for universal blood and body fluid precautions that   50           

include the following:                                                          

                                                          2      


                                                                 
      (A)  Appropriate use of hand washing;                        52           

      (B)  Disinfection and sterilization of equipment;            54           

      (C)  Handling and disposal of needles and other sharp        56           

instruments;                                                                    

      (D)  Wearing and disposal of gloves and other protective     58           

garments and devices.                                                           

      Sec. 4731.07.  The state medical board shall keep a record   67           

of its proceedings.  It shall also keep a register of applicants   68           

for certificates, showing OF REGISTRATION ISSUED UNDER THIS        69           

CHAPTER, CHAPTER 4730. OF THE REVISED CODE, AND CHAPTER 4760. OF   70           

THE REVISED CODE.  THE REGISTER SHALL SHOW the name of the         72           

applicant, the name and location of the institution granting him   73           

the degree of doctor of medicine or surgery or the degree of       74           

doctor of osteopathy or surgery, and whether he THE APPLICANT was  76           

granted or refused a certificate.  WITH RESPECT TO APPLICANTS TO   79           

PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND          80           

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

GRANTED THE APPLICANT THE DEGREE OF DOCTOR OF MEDICINE OR          81           

OSTEOPATHIC MEDICINE.  The booksand BOOKS AND records of the       82           

board shall be prima-facie evidence of matters therein contained.  86           

      Sec. 4731.22.  (A)  The state medical board, by an           96           

affirmative vote of not fewer than six of its members, may revoke  97           

or may refuse to grant a certificate to a person found by the      98           

board to have committed fraud during the administration of the     99           

examination for a certificate to practice or to have committed     101          

fraud, misrepresentation, or deception in applying for or          102          

securing any certificate to practice or certificate of                          

registration issued by the board.                                  103          

      (B)  The board, by an affirmative vote of not fewer than     106          

six members, shall, to the extent permitted by law, limit,         107          

revoke, or suspend an individual's certificate to practice,        109          

refuse to register an individual, refuse to reinstate a            110          

certificate, or reprimand or place on probation the holder of a    112          

certificate for one or more of the following reasons:                           

                                                          3      


                                                                 
      (1)  Permitting one's name or one's certificate to practice  114          

or certificate of registration to be used by a person, group, or   116          

corporation when the individual concerned is not actually          117          

directing the treatment given;                                     118          

      (2)  Failure to maintain minimal standards applicable to     121          

the selection or administration of drugs, or failure to employ     122          

acceptable scientific methods in the selection of drugs or other   123          

modalities for treatment of disease;                               124          

      (3)  Selling, giving away, personally furnishing,            126          

prescribing, or administering drugs for other than legal and       127          

legitimate therapeutic purposes or a plea of guilty to, a          128          

judicial finding of guilt of, or a judicial finding of             129          

eligibility for treatment in lieu of conviction of, a violation    130          

of any federal or state law regulating the possession,                          

distribution, or use of any drug;                                  131          

      (4)  Willfully betraying a professional confidence.          133          

      For purposes of this division, "willfully betraying a        135          

professional confidence" does not include the making of a report   136          

of an employee's use of a drug of abuse, or a report of a          137          

condition of an employee other than one involving the use of a     138          

drug of abuse, to the employer of the employee as described in     139          

division (B) of section 2305.33 of the Revised Code.  Nothing in   141          

this division affects the immunity from civil liability conferred  143          

by that section upon a physician who makes either type of report   144          

in accordance with division (B) of that section.  As used in this  145          

division, "employee," "employer," and "physician" have the same    146          

meanings as in section 2305.33 of the Revised Code.                147          

      (5)  Making a false, fraudulent, deceptive, or misleading    150          

statement in the solicitation of or advertising for patients; in   152          

relation to the practice of medicine and surgery, osteopathic      153          

medicine and surgery, podiatry, or a limited branch of medicine;   154          

or in securing or attempting to secure any certificate to          156          

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  158          

                                                          4      


                                                                 
misleading statement" means a statement that includes a            159          

misrepresentation of fact, is likely to mislead or deceive         160          

because of a failure to disclose material facts, is intended or    161          

is likely to create false or unjustified expectations of           162          

favorable results, or includes representations or implications     163          

that in reasonable probability will cause an ordinarily prudent    164          

person to misunderstand or be deceived.                            165          

      (6)  A departure from, or the failure to conform to,         167          

minimal standards of care of similar practitioners under the same  168          

or similar circumstances, whether or not actual injury to a        169          

patient is established;                                            170          

      (7)  Representing, with the purpose of obtaining             172          

compensation or other advantage as personal gain or for any other  174          

person, that an incurable disease or injury, or other incurable    175          

condition, can be permanently cured;                               176          

      (8)  The obtaining of, or attempting to obtain, money or     178          

anything of value by fraudulent misrepresentations in the course   179          

of practice;                                                       180          

      (9)  A plea of guilty to, a judicial finding of guilt of,    183          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a felony;                                          184          

      (10)  Commission of an act that constitutes a felony in      186          

this state, regardless of the jurisdiction in which the act was    187          

committed;                                                         188          

      (11)  A plea of guilty to, a judicial finding of guilt of,   191          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor committed in the course of           192          

practice;                                                                       

      (12)  Commission of an act in the course of practice that    194          

constitutes a misdemeanor in this state, regardless of the         196          

jurisdiction in which the act was committed;                       197          

      (13)  A plea of guilty to, a judicial finding of guilt of,   200          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor involving moral turpitude;           201          

                                                          5      


                                                                 
      (14)  Commission of an act involving moral turpitude that    203          

constitutes a misdemeanor in this state, regardless of the         205          

jurisdiction in which the act was committed;                       206          

      (15)  Violation of the conditions of limitation placed by    208          

the board upon a certificate to practice;                          209          

      (16)  Failure to pay license renewal fees specified in this  211          

chapter;                                                           212          

      (17)  Except as authorized in section 4731.31 of the         214          

Revised Code, engaging in the division of fees for referral of     216          

patients, or the receiving of a thing of value in return for a     217          

specific referral of a patient to utilize a particular service or  218          

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       220          

violation of any provision of a code of ethics of the American     222          

medical association, the American osteopathic association, the     223          

American podiatric medical association, or any other national      224          

professional organizations that the board specifies by rule.  The  226          

state medical board shall obtain and keep on file current copies   227          

of the codes of ethics of the various national professional        228          

organizations.  The individual whose certificate is being          229          

suspended or revoked shall not be found to have violated any       231          

provision of a code of ethics of an organization not appropriate   232          

to the individual's profession.                                    233          

      For purposes of this division, a "provision of a code of     236          

ethics of a national professional organization" does not include   237          

any provision that would preclude the making of a report by a      238          

physician of an employee's use of a drug of abuse, or of a         239          

condition of an employee other than one involving the use of a     240          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   242          

this division affects the immunity from civil liability conferred  243          

by that section upon a physician who makes either type of report   244          

in accordance with division (B) of that section.  As used in this  245          

division, "employee," "employer," and "physician" have the same    246          

                                                          6      


                                                                 
meanings as in section 2305.33 of the Revised Code.                247          

      (19)  Inability to practice according to acceptable and      249          

prevailing standards of care by reason of mental illness or        250          

physical illness, including, but not limited to, physical          251          

deterioration that adversely affects cognitive, motor, or          252          

perceptive skills.                                                 253          

      In enforcing this division, the board, upon a showing of a   256          

possible violation, may compel any individual authorized to        257          

practice by this chapter or who has submitted an application       259          

pursuant to this chapter to submit to a mental examination,        261          

physical examination, including an HIV test, or both a mental and  263          

a physical examination.  The expense of the examination is the     265          

responsibility of the individual compelled to be examined.         266          

Failure to submit to a mental or physical examination or consent   267          

to an HIV test ordered by the board constitutes an admission of    268          

the allegations against the individual unless the failure is due   270          

to circumstances beyond the individual's control, and a default    271          

and final order may be entered without the taking of testimony or  272          

presentation of evidence.  If the board finds an individual        273          

unable to practice because of the reasons set forth in this        275          

division, the board shall require the individual to submit to      276          

care, counseling, or treatment by physicians approved or           277          

designated by the board, as a condition for initial, continued,    278          

reinstated, or renewed authority to practice.  An individual       280          

affected under this division shall be afforded an opportunity to   282          

demonstrate to the board the ability to resume practice in         283          

compliance with acceptable and prevailing standards under the      284          

provisions of the individual's certificate.  For the purpose of    286          

this division, any individual who applies for or receives a        287          

certificate to practice under this chapter accepts the privilege   288          

of practicing in this state and, by so doing, shall be deemed to   291          

have given consent to submit to a mental or physical examination   292          

when directed to do so in writing by the board, and to have        293          

waived all objections to the admissibility of testimony or         294          

                                                          7      


                                                                 
examination reports that constitute a privileged communication.    295          

      (20)  Except when civil penalties are imposed under section  297          

4731.225 or 4731.281 of the Revised Code, and subject to section   298          

4731.226 of the Revised Code, violating or attempting to violate,  300          

directly or indirectly, or assisting in or abetting the violation  301          

of, or conspiring to violate, any provisions of this chapter or    302          

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     304          

violation of, assisting in or abetting the violation of, or a      305          

conspiracy to violate, any provision of this chapter or any rule   306          

adopted by the board that would preclude the making of a report    308          

by a physician of an employee's use of a drug of abuse, or of a    309          

condition of an employee other than one involving the use of a     310          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   312          

this division affects the immunity from civil liability conferred  313          

by that section upon a physician who makes either type of report   314          

in accordance with division (B) of that section.  As used in this  315          

division, "employee," "employer," and "physician" have the same    316          

meanings as in section 2305.33 of the Revised Code.                317          

      (21)  The violation of any abortion rule adopted by the      319          

public health council pursuant to section 3701.341 of the Revised  320          

Code;                                                              321          

      (22)  Any of the following actions taken by the state        323          

agency responsible for regulating the practice of medicine and     324          

surgery, osteopathic medicine and surgery, podiatry, or the        325          

limited branches of medicine in another state, for any reason      326          

other than the nonpayment of fees:  the limitation, revocation,    327          

or suspension of an individual's license to practice; acceptance   328          

of an individual's license surrender; denial of a license;         329          

refusal to renew or reinstate a license; imposition of probation;  331          

or issuance of an order of censure or other reprimand;             332          

      (23)  The violation of section 2919.12 of the Revised Code   334          

or the performance or inducement of an abortion upon a pregnant    335          

                                                          8      


                                                                 
woman with actual knowledge that the conditions specified in       336          

division (B) of section 2317.56 of the Revised Code have not been  337          

satisfied or with a heedless indifference as to whether those      338          

conditions have been satisfied, unless an affirmative defense as   339          

specified in division (H)(2) of that section would apply in a      340          

civil action authorized by division (H)(1) of that section;        341          

      (24)  The revocation, suspension, restriction, reduction,    343          

or termination of clinical privileges by the United States         345          

department of defense or department of veterans affairs or the     347          

termination or suspension of a certificate of registration to      348          

prescribe drugs by the drug enforcement administration of the      349          

United States department of justice;                               350          

      (25)  Termination or suspension from participation in the    352          

medicare or medicaid programs by the department of health and      354          

human services or other responsible agency for any act or acts     355          

that also would constitute a violation of division (B)(2), (3),    356          

(6), (8), or (19) of this section;                                 357          

      (26)  Impairment of ability to practice according to         359          

acceptable and prevailing standards of care because of habitual    360          

or excessive use or abuse of drugs, alcohol, or other substances   361          

that impair ability to practice.                                   362          

      For the purposes of this division, any individual            364          

authorized to practice by this chapter accepts the privilege of    366          

practicing in this state subject to supervision by the board.  By  367          

filing an application for or holding a certificate to practice     370          

under this chapter, an individual shall be deemed to have given    372          

consent to submit to a mental or physical examination when         373          

ordered to do so by the board in writing, and to have waived all   374          

objections to the admissibility of testimony or examination        375          

reports that constitute privileged communications.                 376          

      If it has reason to believe that any individual authorized   378          

to practice by this chapter or any applicant for certification to  379          

practice suffers such impairment, the board may compel the         380          

individual to submit to a mental or physical examination, or       381          

                                                          9      


                                                                 
both.  The expense of the examination is the responsibility of     383          

the individual compelled to be examined.  Any mental or physical   385          

examination required under this division shall be undertaken by a  386          

treatment provider or physician who is qualified to conduct the    387          

examination and who is chosen by the board.                        388          

      Failure to submit to a mental or physical examination        391          

ordered by the board constitutes an admission of the allegations   392          

against the individual unless the failure is due to circumstances  393          

beyond the individual's control, and a default and final order     394          

may be entered without the taking of testimony or presentation of  395          

evidence.  If the board determines that the individual's ability   396          

to practice is impaired, the board shall suspend the individual's  397          

certificate or deny the individual's application and shall         398          

require the individual, as a condition for initial, continued,     399          

reinstated, or renewed certification to practice, to submit to     401          

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        403          

certificate suspended under this division, the impaired            405          

practitioner shall demonstrate to the board the ability to resume  407          

practice in compliance with acceptable and prevailing standards    408          

of care under the provisions of the practitioner's certificate.    409          

The demonstration shall include, but shall not be limited to, the  411          

following:                                                                      

      (a)  Certification from a treatment provider approved under  413          

section 4731.25 of the Revised Code that the individual has        415          

successfully completed any required inpatient treatment;           416          

      (b)  Evidence of continuing full compliance with an          418          

aftercare contract or consent agreement;                           419          

      (c)  Two written reports indicating that the individual's    421          

ability to practice has been assessed and that the individual has  422          

been found capable of practicing according to acceptable and       423          

prevailing standards of care.  The reports shall be made by        424          

individuals or providers approved by the board for making the      425          

assessments and shall describe the basis for their determination.  426          

                                                          10     


                                                                 
      The board may reinstate a certificate suspended under this   429          

division after that demonstration and after the individual has     430          

entered into a written consent agreement.                          431          

      When the impaired practitioner resumes practice, the board   433          

shall require continued monitoring of the individual.  The         435          

monitoring shall include, but not be limited to, compliance with   437          

the written consent agreement entered into before reinstatement    438          

or with conditions imposed by board order after a hearing, and,    439          

upon termination of the consent agreement, submission to the       440          

board for at least two years of annual written progress reports    441          

made under penalty of perjury stating whether the individual has   442          

maintained sobriety.                                               443          

      (27)  A second or subsequent violation of section 4731.66    445          

or 4731.69 of the Revised Code;                                    446          

      (28)  Except as provided in division (N) of this section:    448          

      (a)  Waiving the payment of all or any part of a deductible  451          

or copayment that a patient, pursuant to a health insurance or     452          

health care policy, contract, or plan that covers the              453          

individual's services, otherwise would be required to pay if the   455          

waiver is used as an enticement to a patient or group of patients  456          

to receive health care services from that individual;              457          

      (b)  Advertising that the individual will waive the payment  460          

of all or any part of a deductible or copayment that a patient,    461          

pursuant to a health insurance or health care policy, contract,    462          

or plan that covers the individual's services, otherwise would be  464          

required to pay.                                                                

      (29)  Failure to use universal blood and body fluid          466          

precautions established by rules adopted under section 4731.051    467          

of the Revised Code;                                               468          

      (30)  Failure of a collaborating physician to fulfill the    471          

responsibilities agreed to by the physician and an advanced        472          

practice nurse participating in a pilot program under section      474          

4723.52 of the Revised Code;                                                    

      (31)  Failure to provide notice to, and receive              476          

                                                          11     


                                                                 
acknowledgment of the notice from, a patient when required by      478          

section 4731.143 of the Revised Code prior to providing            479          

nonemergency professional services, or failure to maintain that    480          

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         482          

assistant to maintain supervision in accordance with the           483          

requirements of Chapter 4730. of the Revised Code and the rules    484          

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to enter into a   487          

standard care arrangement with a clinical nurse specialist,        488          

certified nurse-midwife, or certified nurse practitioner with      489          

whom the physician or podiatrist is in collaboration pursuant to   490          

section 4731.27 of the Revised Code or failure to fulfill the      491          

responsibilities of collaboration after entering into a standard   492          

care arrangement;                                                  493          

      (34)  Failure to comply with the terms of a consult          495          

agreement entered into with a pharmacist pursuant to section       496          

4729.39 of the Revised Code;                                       497          

      (35)  Failure to cooperate in an investigation conducted by  499          

the board under division (F) of this section, including failure    501          

to comply with a subpoena or order issued by the board or failure  502          

to answer truthfully a question presented by the board at a        503          

deposition or in written interrogatories, except that failure to   504          

cooperate with an investigation shall not constitute grounds for   505          

discipline under this section if a court of competent              506          

jurisdiction has issued an order that either quashes a subpoena    507          

or permits the individual to withhold the testimony or evidence    508          

in issue;                                                                       

      (36)  FAILURE TO SUPERVISE AN ANESTHESIOLOGIST ASSISTANT IN  510          

ACCORDANCE WITH CHAPTER 4760. OF THE REVISED CODE AND THE BOARD'S  511          

RULES FOR SUPERVISION OF AN ANESTHESIOLOGIST ASSISTANT.            512          

      (C)  Disciplinary actions taken by the board under           514          

divisions (A) and (B) of this section shall be taken pursuant to   515          

an adjudication under Chapter 119. of the Revised Code, except     516          

                                                          12     


                                                                 
that in lieu of an adjudication, the board may enter into a        517          

consent agreement with an individual to resolve an allegation of   518          

a violation of this chapter or any rule adopted under it.  A       519          

consent agreement, when ratified by an affirmative vote of not     520          

fewer than six members of the board, shall constitute the          521          

findings and order of the board with respect to the matter         522          

addressed in the agreement.  If the board refuses to ratify a      523          

consent agreement, the admissions and findings contained in the    524          

consent agreement shall be of no force or effect.                  525          

      (D)  For purposes of divisions (B)(10), (12), and (14) of    527          

this section, the commission of the act may be established by a    528          

finding by the board, pursuant to an adjudication under Chapter    530          

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

The board does not have jurisdiction under those divisions if the  533          

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

and that judgment is based upon an adjudication on the merits.     536          

The board has jurisdiction under those divisions if the trial      537          

court issues an order of dismissal upon technical or procedural    538          

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    540          

have no effect upon a prior board order entered under this         541          

section or upon the board's jurisdiction to take action under      542          

this section if, based upon a plea of guilty, a judicial finding   543          

of guilt, or a judicial finding of eligibility for treatment in    544          

lieu of conviction, the board issued a notice of opportunity for   545          

a hearing prior to the court's order to seal the records.  The     546          

board shall not be required to seal, destroy, redact, or           547          

otherwise modify its records to reflect the court's sealing of     548          

conviction records.                                                549          

      (F)(1)  The board shall investigate evidence that appears    551          

to show that a person has violated any provision of this chapter   553          

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  555          

appears to show a violation of any provision of this chapter or    556          

                                                          13     


                                                                 
any rule adopted under it.  In the absence of bad faith, any       558          

person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  560          

of the Revised Code shall not be liable in damages in a civil      561          

action as a result of the report or testimony.  Each complaint or  563          

allegation of a violation received by the board shall be assigned  564          

a case number and shall be recorded by the board.                  565          

      (2)  Investigations of alleged violations of this chapter    567          

or any rule adopted under it shall be supervised by the            569          

supervising member elected by the board in accordance with         570          

section 4731.02 of the Revised Code and by the secretary as        571          

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         573          

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         575          

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   578          

or any rule adopted under this chapter, the board may administer   580          

oaths, order the taking of depositions, issue subpoenas, and       581          

compel the attendance of witnesses and production of books,        582          

accounts, papers, records, documents, and testimony, except that   583          

a subpoena for patient record information shall not be issued      584          

without consultation with the attorney general's office and        585          

approval of the secretary and supervising member of the board.     587          

Before issuance of a subpoena for patient record information, the  588          

secretary and supervising member shall determine whether there is  591          

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    592          

the records sought are relevant to the alleged violation and       594          

material to the investigation.  The subpoena may apply only to     595          

records that cover a reasonable period of time surrounding the     596          

alleged violation.                                                 597          

      On failure to comply with any subpoena issued by the board   600          

and after reasonable notice to the person being subpoenaed, the    601          

                                                          14     


                                                                 
board may move for an order compelling the production of persons   602          

or records pursuant to the Rules of Civil Procedure.               603          

      A subpoena issued by the board may be served by a sheriff,   605          

the sheriff's deputy, or a board employee designated by the        606          

board.  Service of a subpoena issued by the board may be made by   608          

delivering a copy of the subpoena to the person named therein,     609          

reading it to the person, or leaving it at the person's usual      610          

place of residence.  When the person being served is a person      611          

whose practice is authorized by this chapter, service of the       612          

subpoena may be made by certified mail, restricted delivery,       613          

return receipt requested, and the subpoena shall be deemed served  614          

on the date delivery is made or the date the person refuses to     615          

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   617          

same fees as a sheriff.  Each witness who appears before the       619          

board in obedience to a subpoena shall receive the fees and        621          

mileage provided for witnesses in civil cases in the courts of     622          

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   624          

considered civil actions for the purposes of section 2305.251 of   625          

the Revised Code.                                                  626          

      (5)  Information received by the board pursuant to an        628          

investigation is confidential and not subject to discovery in any  629          

civil action.                                                      630          

      The board shall conduct all investigations and proceedings   632          

in a manner that protects the confidentiality of patients and      634          

persons who file complaints with the board.  The board shall not   636          

make public the names or any other identifying information about   637          

patients or complainants unless proper consent is given or, in     638          

the case of a patient, a waiver of the patient privilege exists    639          

under division (B) of section 2317.02 of the Revised Code, except  640          

that consent or a waiver of that nature is not required if the     641          

board possesses reliable and substantial evidence that no bona     643          

fide physician-patient relationship exists.                        644          

                                                          15     


                                                                 
      The board may share any information it receives pursuant to  647          

an investigation, including patient records and patient record     648          

information, with other licensing boards and governmental          649          

agencies that are investigating alleged professional misconduct    650          

and with law enforcement agencies and other governmental agencies  652          

that are investigating or prosecuting alleged criminal offenses.                

A board or agency that receives the information shall comply with  653          

the same requirements regarding confidentiality as those with      654          

which the state medical board must comply, notwithstanding any     655          

conflicting provision of the Revised Code or procedure of the      657          

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

with other information in its possession.  The information may be  659          

admitted into evidence in a criminal trial in accordance with the  660          

Rules of Evidence, but the court shall require that appropriate    661          

measures are taken to ensure that confidentiality is maintained    662          

with respect to any part of the information that contains names    663          

or other identifying information about patients or complainants                 

whose confidentiality was protected by the state medical board     664          

when the information was in the board's possession.  Measures to   665          

ensure confidentiality that may be taken by the court include      666          

sealing its records or deleting specific information from its      668          

records.                                                                        

      (6)  On a quarterly basis, the board shall prepare a report  670          

that documents the disposition of all cases during the preceding   671          

three months.  The report shall contain the following information  672          

for each case with which the board has completed its activities:   673          

      (a)  The case number assigned to the complaint or alleged    675          

violation;                                                         676          

      (b)  The type of certificate to practice, if any, held by    679          

the individual against whom the complaint is directed;             680          

      (c)  A description of the allegations contained in the       682          

complaint;                                                         683          

      (d)  The disposition of the case.                            685          

      The report shall state how many cases are still pending and  688          

                                                          16     


                                                                 
shall be prepared in a manner that protects the identity of each   690          

person involved in each case.  The report shall be a public        691          

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  693          

there is clear and convincing evidence that an individual has      695          

violated division (B) of this section and that the individual's    696          

continued practice presents a danger of immediate and serious      697          

harm to the public, they may recommend that the board suspend the  698          

individual's certificate to practice without a prior hearing.      699          

Written allegations shall be prepared for consideration by the                  

board.                                                             700          

      The board, upon review of those allegations and by an        702          

affirmative vote of not fewer than six of its members, excluding   704          

the secretary and supervising member, may suspend a certificate    705          

without a prior hearing.  A telephone conference call may be       706          

utilized for reviewing the allegations and taking the vote on the  707          

summary suspension.                                                708          

      The board shall issue a written order of suspension by       710          

certified mail or in person in accordance with section 119.07 of   711          

the Revised Code.  The order shall not be subject to suspension    713          

by the court during pendency of any appeal filed under section     714          

119.12 of the Revised Code.  If the individual subject to the      716          

summary suspension requests an adjudicatory hearing by the board,  717          

the date set for the hearing shall be within fifteen days, but     718          

not earlier than seven days, after the individual requests the     720          

hearing, unless otherwise agreed to by both the board and the      721          

individual.                                                                     

      Any summary suspension imposed under this division shall     723          

remain in effect, unless reversed on appeal, until a final         724          

adjudicative order issued by the board pursuant to this section    725          

and Chapter 119. of the Revised Code becomes effective.  The       726          

board shall issue its final adjudicative order within sixty days   727          

after completion of its hearing.  A failure to issue the order     728          

within sixty days shall result in dissolution of the summary       729          

                                                          17     


                                                                 
suspension order but shall not invalidate any subsequent, final    730          

adjudicative order.                                                731          

      (H)  If the board takes action under division (B)(9), (11),  734          

or (13) of this section and the judicial finding of guilt, guilty  735          

plea, or judicial finding of eligibility for treatment in lieu of  736          

conviction is overturned on appeal, upon exhaustion of the         738          

criminal appeal, a petition for reconsideration of the order may   739          

be filed with the board along with appropriate court documents.    740          

Upon receipt of a petition of that nature and supporting court     741          

documents, the board shall reinstate the individual's certificate  742          

to practice.  The board may then hold an adjudication under        743          

Chapter 119. of the Revised Code to determine whether the          744          

individual committed the act in question.  Notice of an            745          

opportunity for a hearing shall be given in accordance with        746          

Chapter 119. of the Revised Code.  If the board finds, pursuant    747          

to an adjudication held under this division, that the individual   748          

committed the act or if no hearing is requested, the board may     750          

order any of the sanctions identified under division (B) of this   751          

section.                                                                        

      (I)  The certificate to practice issued to an individual     753          

under this chapter and the individual's practice in this state     755          

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      757          

subject to a judicial finding of eligibility for intervention in   758          

lieu of conviction in this state or treatment or intervention in   759          

lieu of conviction in another state for any of the following       760          

criminal offenses in this state or a substantially equivalent      762          

criminal offense in another jurisdiction: aggravated murder,       763          

murder, voluntary manslaughter, felonious assault, kidnapping,     764          

rape, sexual battery, gross sexual imposition, aggravated arson,   765          

aggravated robbery, or aggravated burglary.  Continued practice    767          

after suspension shall be considered practicing without a          768          

certificate.                                                                    

      The board shall notify the individual subject to the         771          

                                                          18     


                                                                 
suspension by certified mail or in person in accordance with       772          

section 119.07 of the Revised Code.  If an individual whose        773          

certificate is suspended under this division fails to make a       774          

timely request for an adjudication under Chapter 119. of the       775          

Revised Code, the board shall enter a final order permanently      776          

revoking the individual's certificate to practice.                 777          

      (J)  If the board is required by Chapter 119. of the         780          

Revised Code to give notice of an opportunity for a hearing and    781          

if the individual subject to the notice does not timely request a  782          

hearing in accordance with section 119.07 of the Revised Code,     784          

the board is not required to hold a hearing, but may adopt, by an  785          

affirmative vote of not fewer than six of its members, a final     787          

order that contains the board's findings.  In that final order,    788          

the board may order any of the sanctions identified under          789          

division (A) or (B) of this section.                               790          

      (K)  Any action taken by the board under division (B) of     792          

this section resulting in a suspension from practice shall be      793          

accompanied by a written statement of the conditions under which   794          

the individual's certificate to practice may be reinstated.  The   796          

board shall adopt rules governing conditions to be imposed for     797          

reinstatement.  Reinstatement of a certificate suspended pursuant  798          

to division (B) of this section requires an affirmative vote of    799          

not fewer than six members of the board.                           800          

      (L)  When the board refuses to grant a certificate to an     803          

applicant, revokes an individual's certificate to practice,        805          

refuses to register an applicant, or refuses to reinstate an       806          

individual's certificate to practice, the board may specify that   807          

its action is permanent.  An individual subject to a permanent     808          

action taken by the board is forever thereafter ineligible to      809          

hold a certificate to practice and the board shall not accept an   810          

application for reinstatement of the certificate or for issuance   811          

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      813          

Code, all of the following apply:                                  814          

                                                          19     


                                                                 
      (1)  The surrender of a certificate issued under this        816          

chapter shall not be effective unless or until accepted by the     818          

board.  Reinstatement of a certificate surrendered to the board    819          

requires an affirmative vote of not fewer than six members of the  820          

board.                                                                          

      (2)  An application for a certificate made under the         823          

provisions of this chapter may not be withdrawn without approval   825          

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      828          

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     830          

under this section against the individual.                         831          

      (N)  Sanctions shall not be imposed under division (B)(28)   834          

of this section against any person who waives deductibles and      835          

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         837          

expressly allows such a practice.  Waiver of the deductibles or    838          

copayments shall be made only with the full knowledge and consent  839          

of the plan purchaser, payer, and third-party administrator.       840          

Documentation of the consent shall be made available to the board  841          

upon request.                                                                   

      (2)  For professional services rendered to any other person  843          

authorized to practice pursuant to this chapter, to the extent     845          

allowed by this chapter and rules adopted by the board.            846          

      (O)  Under the board's investigative duties described in     848          

this section and subject to division (F) of this section, the      849          

board shall develop and implement a quality intervention program   851          

designed to improve through remedial education the clinical and    853          

communication skills of individuals authorized under this chapter  854          

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry.  In developing and implementing the         856          

quality intervention program, the board may do all of the          857          

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   859          

                                                          20     


                                                                 
an educational and assessment program pursuant to an               860          

investigation the board conducts under this section;               861          

      (2)  Select providers of educational and assessment          863          

services, including a quality intervention program panel of case   864          

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    867          

providers and approve individual educational programs recommended  868          

by those providers.  The board shall monitor the progress of each  869          

individual undertaking a recommended individual educational        870          

program.                                                           871          

      (4)  Determine what constitutes successful completion of an  873          

individual educational program and require further monitoring of   874          

the individual who completed the program or other action that the  876          

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      878          

Revised Code to further implement the quality intervention         880          

program.                                                                        

      An individual who participates in an individual educational  883          

program pursuant to this division shall pay the financial          884          

obligations arising from that educational program.                 885          

      Sec. 4731.224.  (A)  Within sixty days after the imposition  895          

of any formal disciplinary action taken by any health care         896          

facility, including a hospital, health care facility operated by   897          

a health insuring corporation, ambulatory surgical center, or      898          

similar facility, against any individual holding a valid           900          

certificate to practice issued pursuant to this chapter, the       901          

chief administrator or executive officer of the facility shall     902          

report to the state medical board the name of the individual, the  904          

action taken by the facility, and a summary of the underlying      905          

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

be provided certified copies of the patient records that were the  907          

basis for the facility's action.  Prior to release to the board,   908          

the summary shall be approved by the peer review committee that    909          

reviewed the case or by the governing board of the facility.  As   911          

                                                          21     


                                                                 
used in this division, "formal disciplinary action" means any      912          

action resulting in the revocation, restriction, reduction, or     914          

termination of clinical privileges for violations of professional  915          

ethics, or for reasons of medical incompetence, medical            916          

malpractice, or drug or alcohol abuse.  "Formal disciplinary       917          

action" includes a summary action, an action that takes effect     918          

notwithstanding any appeal rights that may exist, and an action    919          

that results in an individual surrendering clinical privileges     920          

while under investigation and during proceedings regarding the     921          

action being taken or in return for not being investigated or      922          

having proceedings held.  "Formal disciplinary action" does not    923          

include any action taken for the sole reason of failure to         925          

maintain records on a timely basis or failure to attend staff or   926          

section meetings.                                                               

      The filing or nonfiling of a report with the board,          928          

investigation by the board, or any disciplinary action taken by    929          

the board, shall not preclude any action by a health care          930          

facility to suspend, restrict, or revoke the individual's          932          

clinical privileges.                                                            

      In the absence of fraud or bad faith, no individual or       934          

entity that provides patient records to the board shall be liable  935          

in damages to any person as a result of providing the records.     936          

      (B)  If any individual authorized to practice under this     939          

chapter or any professional association or society of such         940          

individuals believes that a violation of any provision of this     941          

chapter, Chapter 4730. OR 4760. of the Revised Code, or any rule   942          

of the board has occurred, the individual, association, or         944          

society shall report to the board the information upon which the   946          

belief is based.  This division does not require any treatment                  

provider approved by the board under section 4731.25 of the        948          

Revised Code or any employee, agent, or representative of such a   949          

provider to make reports with respect to an impaired practitioner  950          

participating in treatment or aftercare for substance abuse as     951          

long as the practitioner maintains participation in accordance     952          

                                                          22     


                                                                 
with the requirements of section 4731.25 of the Revised Code, and  953          

as long as the treatment provider or employee, agent, or           955          

representative of the provider has no reason to believe that the   956          

practitioner has violated any provision of this chapter or any     957          

rule adopted under it, other than the provisions of division       958          

(B)(26) of section 4731.22 of the Revised Code.  This division     959          

does not require reporting by any member of an impaired            960          

practitioner committee established by a health care facility or    961          

by any representative or agent of a committee or program           962          

sponsored by a professional association or society of individuals  964          

authorized to practice under this chapter to provide peer          965          

assistance to practitioners with substance abuse problems with     966          

respect to a practitioner who has been referred for examination    967          

to a treatment program approved by the board under section         968          

4731.25 of the Revised Code if the practitioner cooperates with    969          

the referral for examination and with any determination that the   970          

practitioner should enter treatment and as long as the committee   972          

member, representative, or agent has no reason to believe that     973          

the practitioner has ceased to participate in the treatment        974          

program in accordance with section 4731.25 of the Revised Code or  975          

has violated any provision of this chapter or any rule adopted     977          

under it, other than the provisions of division (B)(26) of         979          

section 4731.22 of the Revised Code.                                            

      (C)  Any professional association or society composed        981          

primarily of doctors of medicine and surgery, doctors of           983          

osteopathic medicine and surgery, doctors of podiatry, or          984          

practitioners of limited branches of medicine that suspends or     985          

revokes an individual's membership for violations of professional  987          

ethics, or for reasons of professional incompetence or             988          

professional malpractice, within sixty days after a final          989          

decision shall report to the board, on forms prescribed and        990          

provided by the board, the name of the individual, the action      991          

taken by the professional organization, and a summary of the       992          

underlying facts leading to the action taken.                      993          

                                                          23     


                                                                 
      The filing of a report with the board or decision not to     995          

file a report, investigation by the board, or any disciplinary     996          

action taken by the board, does not preclude a professional        997          

organization from taking disciplinary action against an            998          

individual.                                                                     

      (D)  Any insurer providing professional liability insurance  1,000        

to an individual authorized to practice under this chapter, or     1,002        

any other entity that seeks to indemnify the professional          1,003        

liability of such an individual, shall notify the board within     1,004        

thirty days after the final disposition of any written claim for   1,005        

damages where such disposition results in a payment exceeding      1,006        

twenty-five thousand dollars.  The notice shall contain the        1,007        

following information:                                             1,008        

      (1)  The name and address of the person submitting the       1,010        

notification;                                                      1,011        

      (2)  The name and address of the insured who is the subject  1,013        

of the claim;                                                      1,014        

      (3)  The name of the person filing the written claim;        1,016        

      (4)  The date of final disposition;                          1,018        

      (5)  If applicable, the identity of the court in which the   1,020        

final disposition of the claim took place.                         1,021        

      (E)  The board may investigate possible violations of this   1,023        

chapter or the rules adopted under it that are brought to its      1,024        

attention as a result of the reporting requirements of this        1,027        

section, except that the board shall conduct an investigation if   1,028        

a possible violation involves repeated malpractice.  As used in    1,030        

this division, "repeated malpractice" means three or more claims   1,031        

for medical malpractice within the previous five-year period,      1,032        

each resulting in a judgment or settlement in excess of                         

twenty-five thousand dollars in favor of the claimant, and each    1,033        

involving negligent conduct by the practicing individual.          1,035        

      (F)  All summaries, reports, and records received and        1,037        

maintained by the board pursuant to this section shall be held in  1,038        

confidence and shall not be subject to discovery or introduction   1,039        

                                                          24     


                                                                 
in evidence in any federal or state civil action involving a       1,040        

health care professional or facility arising out of matters that   1,042        

are the subject of the reporting required by this section.  The    1,043        

board may use the information obtained only as the basis for an    1,044        

investigation, as evidence in a disciplinary hearing against an    1,045        

individual whose practice is regulated under this chapter, or in   1,046        

any subsequent trial or appeal of a board action or order.         1,048        

      The board may disclose the summaries and reports it          1,051        

receives under this section only to health care facility           1,052        

committees within or outside this state that are involved in       1,053        

credentialing or recredentialing the individual or in reviewing    1,054        

the individual's clinical privileges.  The board shall indicate    1,055        

whether or not the information has been verified.  Information     1,056        

transmitted by the board shall be subject to the same              1,057        

confidentiality provisions as when maintained by the board.        1,058        

      (G)  Except for reports filed by an individual pursuant to   1,061        

division (B) of this section, the board shall send a copy of any   1,062        

reports or summaries it receives pursuant to this section to the   1,063        

individual who is the subject of the reports or summaries.  The    1,065        

individual shall have the right to file a statement with the       1,066        

board concerning the correctness or relevance of the information.  1,067        

The statement shall at all times accompany that part of the        1,068        

record in contention.                                              1,069        

      (H)  An individual or entity that, pursuant to this          1,072        

section, reports to the board or refers an impaired practitioner   1,073        

to a treatment provider approved by the board under section        1,074        

4731.25 of the Revised Code shall not be subject to suit for       1,075        

civil damages as a result of the report, referral, or provision    1,077        

of the information.                                                             

      (I)  In the absence of fraud or bad faith, no professional   1,079        

association or society of individuals authorized to practice       1,080        

under this chapter that sponsors a committee or program to         1,082        

provide peer assistance to practitioners with substance abuse      1,083        

problems, no representative or agent of such a committee or        1,084        

                                                          25     


                                                                 
program, and no member of the state medical board shall be held    1,085        

liable in damages to any person by reason of actions taken to      1,086        

refer a practitioner to a treatment provider approved under        1,087        

section 4731.25 of the Revised Code for examination or treatment.  1,088        

      Sec. 4731.24.  Except as provided in sections 4731.281 and   1,098        

4731.40 of the Revised Code, all receipts of the state medical     1,099        

board, from any source, shall be deposited in the state treasury.  1,100        

Until July 1, 1998, the funds shall be deposited to the credit of  1,101        

the occupational licensing and regulatory fund.  On and after      1,102        

July 1, 1998, the funds shall be deposited to the credit of the    1,103        

state medical board operating fund, which is hereby created on     1,104        

July 1, 1998.  All funds deposited into the state treasury under   1,105        

this section shall be used solely for the administration and       1,106        

enforcement of this chapter and Chapter CHAPTERS 4730. AND 4760.   1,108        

of the Revised Code by the board.                                               

      Sec. 4731.25.  The state medical board, in accordance with   1,117        

Chapter 119. of the Revised Code, shall adopt and may amend and    1,118        

rescind rules establishing standards for approval of physicians    1,119        

and facilities as treatment providers for impaired practitioners   1,120        

who are regulated under this chapter or Chapter 4730. OR 4760. of  1,122        

the Revised Code.  The rules shall include standards for both      1,123        

inpatient and outpatient treatment.  The rules shall provide that  1,124        

in order to be approved, a treatment provider must have the        1,125        

capability of making an initial examination to determine what      1,126        

type of treatment an impaired practitioner requires.  Subject to   1,127        

the rules, the board shall review and approve treatment providers  1,128        

on a regular basis.  The board, at its discretion, may withdraw    1,129        

or deny approval subject to the rules.                             1,130        

      An approved impaired practitioner treatment provider shall:  1,132        

      (A)  Report to the board the name of any practitioner        1,134        

suffering or showing evidence of suffering impairment as           1,135        

described in division (B)(5) of section 4730.25 of the Revised     1,137        

Code or, division (B)(26) of section 4731.22 of the Revised Code,  1,139        

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

                                                          26     


                                                                 
fails to comply within one week with a referral for examination;   1,141        

      (B)  Report to the board the name of any impaired            1,143        

practitioner who fails to enter treatment within forty-eight       1,144        

hours following the provider's determination that the              1,145        

practitioner needs treatment;                                      1,146        

      (C)  Require every practitioner who enters treatment to      1,148        

agree to a treatment contract establishing the terms of treatment  1,149        

and aftercare, including any required supervision or restrictions  1,150        

of practice during treatment or aftercare;                         1,151        

      (D)  Require a practitioner to suspend practice upon entry   1,153        

into any required inpatient treatment;                             1,154        

      (E)  Report to the board any failure by an impaired          1,156        

practitioner to comply with the terms of the treatment contract    1,157        

during inpatient or outpatient treatment or aftercare;             1,158        

      (F)  Report to the board the resumption of practice of any   1,160        

impaired practitioner before the treatment provider has made a     1,161        

clear determination that the practitioner is capable of            1,162        

practicing according to acceptable and prevailing standards of     1,163        

care;                                                              1,164        

      (G)  Require a practitioner who resumes practice after       1,166        

completion of treatment to comply with an aftercare contract that  1,167        

meets the requirements of rules adopted by the board for approval  1,168        

of treatment providers;                                            1,169        

      (H)  Report the identity of any practitioner practicing      1,171        

under the terms of an aftercare contract to hospital               1,172        

administrators, medical chiefs of staff, and chairpersons of       1,173        

impaired practitioner committees of all health care institutions   1,175        

at which the practitioner holds clinical privileges or otherwise   1,176        

practices.  If the practitioner does not hold clinical privileges  1,178        

at any health care institution, the treatment provider shall       1,179        

report the practitioner's identity to the impaired practitioner    1,180        

committee of the county medical society, osteopathic academy, or   1,181        

podiatric medical association in every county in which the         1,182        

practitioner practices.  If there are no impaired practitioner     1,183        

                                                          27     


                                                                 
committees in the county, the treatment provider shall report the  1,185        

practitioner's identity to the president or other designated       1,186        

member of the county medical society, osteopathic academy, or      1,187        

podiatric medical association.                                     1,188        

      (I)  Report to the board the identity of any practitioner    1,190        

who suffers a relapse at any time during or following aftercare.   1,191        

      Any individual authorized to practice under this chapter     1,194        

who enters into treatment by an approved treatment provider shall  1,195        

be deemed to have waived any confidentiality requirements that     1,196        

would otherwise prevent the treatment provider from making         1,197        

reports required under this section.                               1,198        

      In the absence of fraud or bad faith, no person or           1,200        

organization that conducts an approved impaired practitioner       1,201        

treatment program, no member of such an organization, and no       1,203        

employee, representative, or agent of the treatment provider       1,204        

shall be held liable in damages to any person by reason of         1,205        

actions taken or recommendations made by the treatment provider    1,206        

or its employees, representatives, or agents.                                   

      Sec. 4731.35.  (A)  Sections 4731.01 to 4731.47 of the       1,215        

Revised Code shall not apply to or prohibit in any way the         1,217        

administration of an anaesthetic ANESTHETIC by a certified         1,219        

registered nurse anesthetist under the direction of and in the     1,220        

immediate presence of a licensed physician.                        1,222        

      (B)  THIS CHAPTER DOES NOT PROHIBIT AN INDIVIDUAL FROM       1,224        

PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH     1,225        

CHAPTER 4760. OF THE REVISED CODE.                                 1,226        

      Sec. 4760.01.  AS USED IN THIS CHAPTER:                      1,228        

      (A)  "ANESTHESIOLOGIST ASSISTANT" MEANS AN INDIVIDUAL WHO    1,230        

ASSISTS AN ANESTHESIOLOGIST IN DEVELOPING AND IMPLEMENTING         1,232        

ANESTHESIA CARE PLANS FOR PATIENTS.                                1,233        

      (B)  "ANESTHESIOLOGIST" MEANS A PHYSICIAN WHO HAS            1,235        

SUCCESSFULLY COMPLETED AN APPROVED ANESTHESIOLOGY TRAINING         1,237        

PROGRAM, AS SPECIFIED IN THE ACCREDITATION REQUIREMENTS THAT MUST               

BE MET TO QUALIFY AS GRADUATE MEDICAL EDUCATION UNDER SECTION      1,238        

                                                          28     


                                                                 
4731.091 OF THE REVISED CODE.                                      1,239        

      (C)  "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01   1,241        

OF THE REVISED CODE.                                               1,242        

      (D)  "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER        1,245        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND                      

SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.                       1,246        

      Sec. 4760.02.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,248        

THIS SECTION, NO PERSON SHALL PRACTICE AS AN ANESTHESIOLOGIST      1,249        

ASSISTANT UNLESS THE PERSON HOLDS A CURRENT, VALID CERTIFICATE OF  1,250        

REGISTRATION ISSUED UNDER THIS CHAPTER TO PRACTICE AS AN           1,251        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO EITHER   1,254        

OF THE FOLLOWING:                                                               

      (1)  A PERSON PARTICIPATING IN A TRAINING PROGRAM LEADING    1,256        

TOWARD CERTIFICATION BY THE NATIONAL COMMISSION FOR CERTIFICATION  1,258        

OF ANESTHESIOLOGIST ASSISTANTS, AS LONG AS THE PERSON IS           1,259        

SUPERVISED BY AN ANESTHESIOLOGIST, A HOSPITAL RESIDENT PREPARING   1,260        

TO PRACTICE AS AN ANESTHESIOLOGIST, OR AN ANESTHESIOLOGIST         1,261        

ASSISTANT WHO HOLDS A CURRENT, VALID CERTIFICATE OF REGISTRATION   1,262        

ISSUED UNDER THIS CHAPTER;                                                      

      (2)  ANY PERSON WHO OTHERWISE HOLDS PROFESSIONAL AUTHORITY   1,264        

GRANTED PURSUANT TO THE REVISED CODE TO PERFORM ANY OF THE         1,265        

ACTIVITIES THAT AN ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO     1,266        

PERFORM.                                                                        

      Sec. 4760.03.  (A)  AN INDIVIDUAL SEEKING A CERTIFICATE OF   1,268        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL FILE WITH THE  1,269        

STATE MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED     1,271        

AND SUPPLIED BY THE BOARD.  THE APPLICATION SHALL INCLUDE ALL OF   1,272        

THE FOLLOWING INFORMATION:                                                      

      (1)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,274        

IS AT LEAST TWENTY-ONE YEARS OF AGE AND OF GOOD MORAL CHARACTER;   1,275        

      (2)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,277        

HAS SUCCESSFULLY COMPLETED THE TRAINING NECESSARY TO PREPARE       1,280        

INDIVIDUALS TO PRACTICE AS ANESTHESIOLOGIST ASSISTANTS, AS         1,281        

                                                          29     


                                                                 
SPECIFIED IN SECTION 4760.031 OF THE REVISED CODE;                              

      (3)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,283        

HOLDS CURRENT CERTIFICATION FROM THE NATIONAL COMMISSION FOR       1,285        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS AND THAT THE          1,287        

REQUIREMENTS FOR RECEIVING THE CERTIFICATION INCLUDED PASSAGE OF   1,288        

AN EXAMINATION TO DETERMINE THE INDIVIDUAL'S COMPETENCE TO         1,290        

PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT;                         1,291        

      (4)  ANY OTHER INFORMATION THE BOARD CONSIDERS NECESSARY TO  1,293        

PROCESS THE APPLICATION AND EVALUATE THE APPLICANT'S               1,294        

QUALIFICATIONS.                                                                 

      (B)  AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF  1,296        

REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE       1,298        

HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED.               1,299        

      (C)  THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER  1,301        

THIS SECTION.  NOT LATER THAN SIXTY DAYS AFTER RECEIVING A         1,302        

COMPLETE APPLICATION, THE BOARD SHALL DETERMINE WHETHER AN         1,304        

APPLICANT MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF       1,306        

REGISTRATION.  THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS  1,309        

OF THE BOARD IS REQUIRED TO DETERMINE THAT AN APPLICANT MEETS THE               

REQUIREMENTS FOR A CERTIFICATE.  THE BOARD SHALL NOT ISSUE A       1,311        

CERTIFICATE OF REGISTRATION TO AN APPLICANT UNLESS THE APPLICANT   1,312        

IS CERTIFIED BY THE NATIONAL COMMISSION FOR CERTIFICATION OF       1,314        

ANESTHESIOLOGIST ASSISTANTS OR A SUCCESSOR ORGANIZATION THAT IS    1,315        

RECOGNIZED BY THE BOARD.                                           1,316        

      Sec. 4760.031.  AS A CONDITION OF BEING ELIGIBLE TO RECEIVE  1,318        

A CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT,    1,319        

AN INDIVIDUAL MUST SUCCESSFULLY COMPLETE THE FOLLOWING TRAINING    1,320        

REQUIREMENTS:                                                      1,321        

      (A)  A BACCALAUREATE OR HIGHER DEGREE PROGRAM AT AN          1,323        

INSTITUTION OF HIGHER EDUCATION ACCREDITED BY AN ORGANIZATION      1,324        

RECOGNIZED BY THE BOARD OF REGENTS.  THE PROGRAM MUST HAVE         1,325        

INCLUDED COURSES IN THE FOLLOWING AREAS OF STUDY:                  1,326        

      (1)  GENERAL BIOLOGY;                                        1,328        

      (2)  GENERAL CHEMISTRY;                                      1,330        

                                                          30     


                                                                 
      (3)  ORGANIC CHEMISTRY;                                      1,332        

      (4)  PHYSICS;                                                1,334        

      (5)  CALCULUS.                                               1,336        

      (B)  A TRAINING PROGRAM CONDUCTED FOR THE PURPOSE OF         1,338        

PREPARING INDIVIDUALS TO PRACTICE AS ANESTHESIOLOGIST ASSISTANTS.  1,339        

IF THE PROGRAM WAS COMPLETED PRIOR TO THE EFFECTIVE DATE OF THIS   1,340        

SECTION, THE PROGRAM MUST HAVE BEEN COMPLETED AT CASE WESTERN      1,341        

RESERVE UNIVERSITY OR EMORY UNIVERSITY IN ATLANTA, GEORGIA.  IF    1,342        

THE PROGRAM IS COMPLETED ON OR AFTER THE EFFECTIVE DATE OF THIS    1,343        

SECTION, THE PROGRAM MUST BE A GRADUATE-LEVEL PROGRAM ACCREDITED   1,344        

BY THE COMMISSION ON ACCREDITATION OF ALLIED HEALTH EDUCATION      1,346        

PROGRAMS OR ANY OF THE COMMISSION'S SUCCESSOR ORGANIZATIONS.  IN   1,348        

EITHER CASE, THE TRAINING PROGRAM MUST HAVE INCLUDED AT LEAST ALL  1,349        

OF THE FOLLOWING COMPONENTS:                                                    

      (1)  BASIC SCIENCES OF ANESTHESIA:  PHYSIOLOGY,              1,351        

PATHOPHYSIOLOGY, ANATOMY, AND BIOCHEMISTRY.  THE COURSES MUST BE   1,352        

PRESENTED AS A CONTINUUM OF DIDACTIC COURSES DESIGNED TO TEACH     1,353        

STUDENTS THE FOUNDATIONS OF HUMAN BIOLOGICAL EXISTENCE ON WHICH    1,354        

CLINICAL CORRELATIONS TO ANESTHESIA PRACTICE ARE BASED.            1,355        

      (2)  PHARMACOLOGY FOR THE ANESTHETIC SCIENCES.  THE COURSE   1,357        

MUST INCLUDE INSTRUCTION IN THE ANESTHETIC PRINCIPLES OF           1,358        

PHARMACOLOGY, PHARMACODYNAMICS, PHARMACOKINETICS, UPTAKE AND       1,359        

DISTRIBUTION, INTRAVENOUS ANESTHETICS AND NARCOTICS, AND VOLATILE  1,360        

ANESTHETICS.                                                                    

      (3)  PHYSICS IN ANESTHESIA.                                  1,362        

      (4)  FUNDAMENTALS OF ANESTHETIC SCIENCES, PRESENTED AS A     1,364        

CONTINUUM OF COURSES COVERING A SERIES OF TOPICS IN BASIC MEDICAL  1,365        

SCIENCES WITH SPECIAL EMPHASIS ON THE EFFECTS OF ANESTHETICS ON    1,366        

NORMAL PHYSIOLOGY AND PATHOPHYSIOLOGY.                             1,367        

      (5)  PATIENT INSTRUMENTATION AND MONITORING, PRESENTED AS A  1,369        

CONTINUUM OF COURSES FOCUSING ON THE DESIGN OF, PROPER             1,370        

PREPARATION OF, AND PROPER METHODS OF RESOLVING PROBLEMS THAT      1,371        

ARISE WITH ANESTHESIA EQUIPMENT.  THE COURSES MUST PROVIDE A       1,372        

BALANCE BETWEEN THE ENGINEERING CONCEPTS USED IN ANESTHESIA        1,373        

                                                          31     


                                                                 
INSTRUMENTS AND THE CLINICAL APPLICATION OF ANESTHESIA             1,374        

INSTRUMENTS.                                                                    

      (6) CLINICALLY-BASED CONFERENCES IN WHICH TECHNIQUES OF      1,376        

ANESTHETIC MANAGEMENT, QUALITY ASSURANCE ISSUES, AND CURRENT       1,377        

PROFESSIONAL LITERATURE ARE REVIEWED FROM THE PERSPECTIVE OF       1,378        

PRACTICE IMPROVEMENT.                                              1,379        

      (7)  CLINICAL EXPERIENCE CONSISTING OF AT LEAST TWO          1,381        

THOUSAND HOURS OF DIRECT PATIENT CONTACT, PRESENTED AS A           1,382        

CONTINUUM OF COURSES THROUGHOUT THE ENTIRETY OF THE PROGRAM,       1,383        

BEGINNING WITH A GRADUAL INTRODUCTION OF THE TECHNIQUES FOR THE    1,384        

ANESTHETIC MANAGEMENT OF PATIENTS AND CULMINATING IN THE           1,385        

ASSIMILATION OF THE GRADUATE OF THE PROGRAM INTO THE WORK FORCE.   1,386        

AREAS OF INSTRUCTION MUST INCLUDE THE FOLLOWING:                   1,387        

      (a)  PREOPERATIVE PATIENT ASSESSMENT;                        1,389        

      (b)  INDWELLING VASCULAR CATHETER PLACEMENT, INCLUDING       1,391        

INTRAVENOUS AND ARTERIAL CATHETERS;                                1,392        

      (c)  AIRWAY MANAGEMENT, INCLUDING MASK AIRWAY AND            1,394        

OROTRACHEAL INTUBATION;                                            1,395        

      (d)  INTRAOPERATIVE CHARTING;                                1,397        

      (e)  ADMINISTRATION AND MAINTENANCE OF ANESTHETIC AGENTS,    1,399        

NARCOTICS, HYPNOTICS, AND MUSCLE RELAXANTS;                        1,400        

      (f)  ADMINISTRATION AND MAINTENANCE OF VOLATILE              1,402        

ANESTHETICS;                                                                    

      (g)  ADMINISTRATION OF BLOOD PRODUCTS AND FLUID THERAPY;     1,404        

      (h)  PATIENT MONITORING;                                     1,406        

      (i)  POSTOPERATIVE MANAGEMENT OF PATIENTS;                   1,408        

      (j)  REGIONAL ANESTHESIA TECHNIQUES;                         1,410        

      (k)  ADMINISTRATION OF VASOACTIVE SUBSTANCES FOR TREATMENT   1,412        

OF UNACCEPTABLE PATIENT HEMODYNAMIC STATUS;                        1,413        

      (l)  SPECIFIC CLINICAL TRAINING IN ALL THE SUBSPECIALTIES    1,415        

OF ANESTHESIA, INCLUDING PEDIATRICS, NEUROSURGERY, CARDIOVASCULAR  1,416        

SURGERY, TRAUMA, OBSTETRICS, ORTHOPEDICS, AND VASCULAR SURGERY.    1,417        

      (8)  BASIC LIFE SUPPORT THAT QUALIFIES THE INDIVIDUAL TO     1,419        

ADMINISTER CARDIOPULMONARY RESUSCITATION TO PATIENTS IN NEED.      1,420        

                                                          32     


                                                                 
THE COURSE MUST INCLUDE THE INSTRUCTION NECESSARY TO BE CERTIFIED  1,421        

IN BASIC LIFE SUPPORT BY THE AMERICAN RED CROSS OR THE AMERICAN    1,422        

HEART ASSOCIATION.                                                 1,423        

      (9)  ADVANCED CARDIAC LIFE SUPPORT THAT QUALIFIES THE        1,425        

INDIVIDUAL TO PARTICIPATE IN THE PHARMACOLOGIC INTERVENTION AND    1,426        

MANAGEMENT RESUSCITATION EFFORTS FOR A PATIENT IN FULL CARDIAC     1,427        

ARREST.  THE COURSE MUST INCLUDE THE INSTRUCTION NECESSARY TO BE   1,428        

CERTIFIED IN ADVANCED CARDIAC LIFE SUPPORT BY THE AMERICAN RED     1,429        

CROSS OR THE AMERICAN HEART ASSOCIATION.                           1,431        

      Sec. 4760.04.  IF THE STATE MEDICAL BOARD DETERMINES UNDER   1,433        

SECTION 4760.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE    1,434        

REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN               1,435        

ANESTHESIOLOGIST ASSISTANT, THE SECRETARY OF THE BOARD SHALL       1,436        

REGISTER THE APPLICANT AS AN ANESTHESIOLOGIST ASSISTANT AND ISSUE  1,437        

TO THE APPLICANT A CERTIFICATE OF REGISTRATION AS AN               1,439        

ANESTHESIOLOGIST ASSISTANT.  THE CERTIFICATE SHALL EXPIRE                       

BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH SECTION 4760.06   1,441        

OF THE REVISED CODE.                                                            

      Sec. 4760.05.  ON APPLICATION BY THE HOLDER OF A             1,443        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE  1,444        

STATE MEDICAL BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO         1,445        

REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE,  1,446        

OR FOR ANY OTHER REASONABLE CAUSE.  THE FEE FOR A DUPLICATE        1,447        

CERTIFICATE IS THIRTY-FIVE DOLLARS.                                             

      Sec. 4760.06.  (A)  A PERSON SEEKING TO RENEW A CERTIFICATE  1,449        

OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL, ON OR      1,450        

BEFORE THE THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED       1,453        

YEAR, APPLY FOR RENEWAL OF THE CERTIFICATE.  THE STATE MEDICAL     1,454        

BOARD SHALL SEND RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE   1,455        

EXPIRATION DATE.                                                   1,456        

      APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE    1,458        

BOARD SHALL PRESCRIBE AND SUPPLY.  EACH APPLICATION SHALL BE       1,459        

ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF ONE HUNDRED DOLLARS.      1,460        

      THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT         1,462        

                                                          33     


                                                                 
CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF         1,463        

REGISTRATION UNDER SECTION 4760.13 OF THE REVISED CODE TO WHICH    1,464        

THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN  1,466        

FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE   1,467        

FOR INTERVENTION IN LIEU OF CONVICTION, SINCE LAST SIGNING AN      1,469        

APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN                1,470        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (B)  TO BE ELIGIBLE FOR RENEWAL, AN ANESTHESIOLOGIST         1,472        

ASSISTANT MUST CERTIFY TO THE BOARD THAT THE ASSISTANT HAS         1,474        

MAINTAINED CERTIFICATION BY THE NATIONAL COMMISSION FOR THE        1,475        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS.                                   

      (C)  IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION  1,477        

AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS         1,479        

SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED          1,480        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT.      1,481        

      (D)  A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON    1,483        

OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS    1,486        

EXPIRATION DATE.  THE BOARD SHALL REINSTATE A CERTIFICATE          1,488        

SUSPENDED FOR FAILURE TO RENEW ON AN APPLICANT'S SUBMISSION OF     1,489        

THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY.                   

THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE        1,490        

CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY     1,492        

DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO    1,493        

YEARS.                                                                          

      Sec. 4760.08.  AN ANESTHESIOLOGIST ASSISTANT SHALL PRACTICE  1,496        

ONLY UNDER THE DIRECT SUPERVISION AND IN THE IMMEDIATE PRESENCE    1,497        

OF A PHYSICIAN WHO IS ACTIVELY AND DIRECTLY ENGAGED IN THE         1,498        

CLINICAL PRACTICE OF MEDICINE AS AN ANESTHESIOLOGIST.  AN          1,499        

ANESTHESIOLOGIST ASSISTANT SHALL NOT PRACTICE IN ANY LOCATION      1,500        

OTHER THAN A HOSPITAL.  AT ALL TIMES WHEN AN ANESTHESIOLOGIST      1,501        

ASSISTANT IS PROVIDING DIRECT PATIENT CARE, THE ANESTHESIOLOGIST   1,502        

ASSISTANT SHALL DISPLAY IN AN APPROPRIATE MANNER THE TITLE         1,503        

"ANESTHESIOLOGIST ASSISTANT" AS A MEANS OF IDENTIFYING THE         1,504        

INDIVIDUAL'S AUTHORITY TO PRACTICE UNDER THIS CHAPTER.                          

                                                          34     


                                                                 
      EACH ANESTHESIOLOGIST WHO AGREES TO ACT AS THE SUPERVISING   1,506        

ANESTHESIOLOGIST OF AN ANESTHESIOLOGIST ASSISTANT SHALL ADOPT A    1,507        

WRITTEN PRACTICE PROTOCOL THAT DELINEATES THE SERVICES THAT THE    1,508        

ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO PROVIDE AND THE        1,509        

MANNER IN WHICH THE ANESTHESIOLOGIST WILL SUPERVISE THE            1,510        

ANESTHESIOLOGIST ASSISTANT.  THE ANESTHESIOLOGIST SHALL BASE THE   1,511        

PROVISIONS OF THE PROTOCOL ON CONSIDERATION OF RELEVANT QUALITY    1,512        

ASSURANCE STANDARDS, INCLUDING REGULAR REVIEW BY THE               1,513        

ANESTHESIOLOGIST OF THE MEDICAL RECORDS OF THE PATIENTS OF THE     1,514        

ANESTHESIOLOGIST ASSISTANT.                                                     

      THE SUPERVISING ANESTHESIOLOGIST SHALL SUPERVISE THE         1,516        

ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH THE PROTOCOL AND     1,517        

THE RULES FOR SUPERVISION OF ANESTHESIOLOGIST ASSISTANTS ADOPTED   1,518        

BY THE STATE MEDICAL BOARD.  THE BOARD'S RULES SHALL INCLUDE       1,519        

REQUIREMENTS FOR ENHANCED SUPERVISION OF AN ANESTHESIOLOGIST       1,520        

ASSISTANT DURING THE ASSISTANT'S FIRST FOUR YEARS OF PRACTICE      1,521        

AFTER RECEIVING AN INITIAL CERTIFICATE OF REGISTRATION UNDER THIS  1,522        

CHAPTER.                                                                        

      Sec. 4760.09.  IF THE PRACTICE AND SUPERVISION REQUIREMENTS  1,524        

OF SECTION 4760.08 OF THE REVISED CODE ARE BEING MET, AN           1,526        

ANESTHESIOLOGIST ASSISTANT MAY ASSIST THE SUPERVISING              1,528        

ANESTHESIOLOGIST IN DEVELOPING AND IMPLEMENTING AN ANESTHESIA      1,529        

CARE PLAN FOR A PATIENT.  IN PROVIDING ASSISTANCE TO THE           1,531        

SUPERVISING ANESTHESIOLOGIST, AN ANESTHESIOLOGIST ASSISTANT MAY                 

DO ANY OF THE FOLLOWING:                                           1,532        

      (A)  OBTAIN A COMPREHENSIVE PATIENT HISTORY AND PRESENT THE  1,534        

HISTORY TO THE SUPERVISING ANESTHESIOLOGIST;                       1,535        

      (B)  PRETEST AND CALIBRATE ANESTHESIA DELIVERY SYSTEMS AND   1,537        

MONITOR AND OBTAIN AND INTERPRET INFORMATION FROM THE SYSTEMS AND  1,538        

MONITORS;                                                          1,539        

      (C)  ASSIST THE SUPERVISING ANESTHESIOLOGIST WITH THE        1,541        

IMPLEMENTATION OF MEDICALLY ACCEPTED MONITORING TECHNIQUES;        1,544        

      (D)  ESTABLISH BASIC AND ADVANCED AIRWAY INTERVENTIONS,      1,546        

INCLUDING INTUBATION OF THE TRACHEA AND PERFORMING VENTILATORY     1,547        

                                                          35     


                                                                 
SUPPORT;                                                                        

      (E)  ADMINISTER INTERMITTENT VASOACTIVE DRUGS AND START AND  1,549        

ADJUST VASOACTIVE INFUSIONS;                                       1,550        

      (F)  ADMINISTER ANESTHETIC DRUGS, ADJUVANT DRUGS, AND        1,552        

ACCESSORY DRUGS;                                                   1,553        

      (G)  ASSIST THE SUPERVISING ANESTHESIOLOGIST WITH THE        1,556        

PERFORMANCE OF EPIDURAL ANESTHETIC PROCEDURES AND SPINAL           1,557        

ANESTHETIC PROCEDURES;                                             1,558        

      (H)  ADMINISTER BLOOD, BLOOD PRODUCTS, AND SUPPORTIVE        1,561        

FLUIDS.                                                                         

      Sec. 4760.10.  IN ADDITION TO THE ACTIVITIES THAT AN         1,563        

ANESTHESIOLOGIST ASSISTANT MAY ENGAGE IN PURSUANT TO SECTION       1,564        

4760.09 OF THE REVISED CODE, THE SUPERVISING ANESTHESIOLOGIST OF   1,565        

AN ANESTHESIOLOGIST ASSISTANT MAY AUTHORIZE AN ANESTHESIOLOGIST    1,566        

ASSISTANT TO DO THE FOLLOWING:                                     1,568        

      (A)  PARTICIPATE IN ADMINISTRATIVE ACTIVITIES AND CLINICAL   1,570        

TEACHING ACTIVITIES;                                               1,571        

      (B)  PARTICIPATE IN RESEARCH ACTIVITIES BY PERFORMING THE    1,573        

SAME PROCEDURES THAT MAY BE PERFORMED PURSUANT TO SECTION 4760.09  1,574        

OF THE REVISED CODE;                                               1,575        

      (C)  PROVIDE ASSISTANCE TO A CARDIOPULMONARY RESUSCITATION   1,577        

TEAM IN RESPONSE TO A LIFE-THREATENING SITUATION.                  1,578        

      Sec. 4760.13.  (A)  THE STATE MEDICAL BOARD, BY AN           1,581        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY  1,582        

REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN                1,583        

ANESTHESIOLOGIST ASSISTANT TO A PERSON FOUND BY THE BOARD TO HAVE  1,584        

COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING FOR   1,585        

OR SECURING THE CERTIFICATE.                                       1,586        

      (B)  THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN     1,589        

SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT,         1,590        

REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS  1,591        

AN ANESTHESIOLOGIST ASSISTANT, REFUSE TO ISSUE A CERTIFICATE TO    1,592        

AN APPLICANT, REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR   1,593        

PLACE ON PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE      1,595        

                                                          36     


                                                                 
FOLLOWING REASONS:                                                              

      (1)  PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED  1,597        

BY ANOTHER PERSON;                                                 1,598        

      (2)  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS         1,600        

CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED   1,602        

BY THE BOARD;                                                                   

      (3)  VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR         1,604        

INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR       1,605        

CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER      1,607        

4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD;      1,608        

      (4)  A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL     1,610        

STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR       1,611        

SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT  1,612        

IS ESTABLISHED;                                                                 

      (5)  INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND       1,615        

PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR        1,616        

PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY  1,617        

AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;                                 

      (6)  IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO          1,619        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL    1,620        

OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES   1,621        

THAT IMPAIR ABILITY TO PRACTICE;                                   1,622        

      (7)  WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE;          1,624        

      (8)  MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING    1,626        

STATEMENT IN SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF     1,627        

REGISTRATION TO PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT.         1,628        

      AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR  1,631        

MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A            1,632        

MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE         1,633        

BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR    1,634        

IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF           1,635        

FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS     1,636        

THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT    1,637        

PERSON TO MISUNDERSTAND OR BE DECEIVED.                                         

                                                          37     


                                                                 
      (9)  THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR A   1,640        

THING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF   1,641        

PRACTICE;                                                                       

      (10)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,644        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,645        

CONVICTION FOR, A FELONY;                                                       

      (11)  COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN      1,647        

THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    1,648        

COMMITTED;                                                         1,649        

      (12)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,652        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,653        

CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF                        

PRACTICE;                                                          1,654        

      (13)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,657        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,658        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE;           1,659        

      (14)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT    1,661        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,663        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,664        

      (15)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT    1,666        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,667        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,668        

      (16)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,671        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,672        

CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE   1,673        

POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING            1,674        

TRAFFICKING IN DRUGS;                                                           

      (17)  ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE        1,677        

AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF                               

ANESTHESIOLOGIST ASSISTANTS IN ANOTHER JURISDICTION, FOR ANY       1,679        

REASON OTHER THAN THE NONPAYMENT OF FEES:  THE LIMITATION,         1,680        

REVOCATION, OR SUSPENSION OF AN INDIVIDUAL'S LICENSE TO PRACTICE;  1,682        

ACCEPTANCE OF AN INDIVIDUAL'S LICENSE SURRENDER; DENIAL OF A       1,683        

LICENSE; REFUSAL TO RENEW OR REINSTATE A LICENSE; IMPOSITION OF    1,684        

                                                          38     


                                                                 
PROBATION; OR ISSUANCE OF AN ORDER OF CENSURE OR OTHER REPRIMAND;  1,685        

      (18)  VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A   1,688        

CERTIFICATE OF REGISTRATION;                                                    

      (19)  FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID          1,691        

PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051    1,692        

OF THE REVISED CODE;                                               1,693        

      (20)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY  1,695        

THE BOARD UNDER SECTION 4760.14 OF THE REVISED CODE, INCLUDING     1,697        

FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR  1,698        

FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT  1,699        

A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE    1,700        

TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS    1,701        

FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT          1,702        

JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA    1,703        

OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE    1,704        

IN ISSUE;                                                                       

      (21)  FAILURE TO COMPLY WITH ANY CODE OF ETHICS ESTABLISHED  1,706        

BY THE NATIONAL COMMISSION FOR THE CERTIFICATION OF                1,707        

ANESTHESIOLOGIST ASSISTANTS.                                                    

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           1,709        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   1,710        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT     1,712        

THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A        1,714        

CONSENT AGREEMENT WITH AN ANESTHESIOLOGIST ASSISTANT OR APPLICANT  1,715        

TO RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY     1,716        

RULE ADOPTED UNDER IT.  A CONSENT AGREEMENT, WHEN RATIFIED BY AN   1,717        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD,       1,718        

SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT  1,720        

TO THE MATTER ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES    1,721        

TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS         1,722        

CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR         1,723        

EFFECT.                                                                         

      (D)  FOR PURPOSES OF DIVISIONS (B)(11), (14), AND (15) OF    1,725        

THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A    1,726        

                                                          39     


                                                                 
FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER    1,728        

119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE        1,729        

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

JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT  1,730        

RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND     1,731        

THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS.  THE    1,732        

BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES       1,733        

WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL ON TECHNICAL    1,734        

OR PROCEDURAL GROUNDS.                                             1,735        

      (E)  THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL    1,737        

HAVE NO EFFECT ON A PRIOR BOARD ORDER ENTERED UNDER THE            1,738        

PROVISIONS OF THIS SECTION OR ON THE BOARD'S JURISDICTION TO TAKE  1,739        

ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A PLEA  1,740        

OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL FINDING OF   1,742        

ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION, THE BOARD      1,744        

ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO THE COURT'S  1,745        

ORDER TO SEAL THE RECORDS.  THE BOARD SHALL NOT BE REQUIRED TO     1,746        

SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT  1,747        

THE COURT'S SEALING OF CONVICTION RECORDS.                         1,748        

      (F)  FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO       1,751        

HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR  1,752        

APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO      1,753        

HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION   1,754        

WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED  1,755        

ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION    1,756        

REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION.                1,757        

      (1)  IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE       1,760        

BOARD, ON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY        1,761        

INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER    1,762        

THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION  1,763        

PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL OR PHYSICAL         1,764        

EXAMINATION, OR BOTH.  A PHYSICAL EXAMINATION MAY INCLUDE AN HIV   1,765        

TEST.  THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF     1,766        

THE INDIVIDUAL COMPELLED TO BE EXAMINED.  FAILURE TO SUBMIT TO A   1,767        

                                                          40     


                                                                 
MENTAL OR PHYSICAL EXAMINATION OR CONSENT TO AN HIV TEST ORDERED   1,769        

BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS AGAINST   1,770        

THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES BEYOND   1,771        

THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER MAY BE     1,772        

ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF                      

EVIDENCE.  IF THE BOARD FINDS AN ANESTHESIOLOGIST ASSISTANT        1,773        

UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION    1,775        

(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE                1,776        

ANESTHESIOLOGIST ASSISTANT TO SUBMIT TO CARE, COUNSELING, OR       1,777        

TREATMENT BY PHYSICIANS APPROVED OR DESIGNATED BY THE BOARD, AS A  1,778        

CONDITION FOR AN INITIAL, CONTINUED, REINSTATED, OR RENEWED        1,779        

CERTIFICATE OF REGISTRATION.  AN INDIVIDUAL AFFECTED BY THIS       1,780        

DIVISION SHALL BE AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE    1,781        

BOARD THE ABILITY TO RESUME PRACTICING IN COMPLIANCE WITH                       

ACCEPTABLE AND PREVAILING STANDARDS OF CARE.                       1,782        

      (2)  FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF     1,785        

THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A    1,786        

CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY       1,787        

APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH                        

IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A     1,788        

MENTAL OR PHYSICAL EXAMINATION, OR BOTH.  THE EXPENSE OF THE       1,789        

EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO   1,792        

BE EXAMINED.  ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER    1,794        

THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR       1,795        

PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE  1,796        

BOARD.                                                                          

      FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION        1,799        

ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS   1,801        

AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES  1,802        

BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER     1,803        

MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF  1,804        

EVIDENCE.  IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY   1,805        

TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S  1,806        

CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL         1,807        

                                                          41     


                                                                 
REQUIRE THE INDIVIDUAL, AS A CONDITION FOR AN INITIAL, CONTINUED,  1,808        

REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION, TO SUBMIT TO   1,809        

TREATMENT.                                                         1,810        

      BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A        1,812        

CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ANESTHESIOLOGIST    1,813        

ASSISTANT SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME     1,814        

PRACTICE IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS    1,815        

OF CARE.  THE DEMONSTRATION SHALL INCLUDE THE FOLLOWING:           1,817        

      (a)  CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER  1,820        

SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS        1,821        

SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT;           1,822        

      (b)  EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN          1,825        

AFTERCARE CONTRACT OR CONSENT AGREEMENT;                                        

      (c)  TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S    1,828        

ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS  1,829        

BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND                    

PREVAILING STANDARDS OF CARE.  THE REPORTS SHALL BE MADE BY        1,830        

INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH     1,831        

ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION.  1,833        

      THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS   1,836        

DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS     1,837        

ENTERED INTO A WRITTEN CONSENT AGREEMENT.                                       

      WHEN THE IMPAIRED ANESTHESIOLOGIST ASSISTANT RESUMES         1,839        

PRACTICE, THE BOARD SHALL REQUIRE CONTINUED MONITORING OF THE      1,840        

ANESTHESIOLOGIST ASSISTANT.  THE MONITORING SHALL INCLUDE          1,842        

MONITORING OF COMPLIANCE WITH THE WRITTEN CONSENT AGREEMENT        1,844        

ENTERED INTO BEFORE REINSTATEMENT OR WITH CONDITIONS IMPOSED BY    1,845        

BOARD ORDER AFTER A HEARING, AND, ON TERMINATION OF THE CONSENT    1,846        

AGREEMENT, SUBMISSION TO THE BOARD FOR AT LEAST TWO YEARS OF       1,847        

ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER PENALTY OF              1,848        

FALSIFICATION STATING WHETHER THE ANESTHESIOLOGIST ASSISTANT HAS                

MAINTAINED SOBRIETY.                                               1,849        

      (G)  IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT  1,852        

THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ANESTHESIOLOGIST    1,853        

                                                          42     


                                                                 
ASSISTANT HAS VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE   1,854        

INDIVIDUAL'S CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE     1,855        

AND SERIOUS HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD  1,856        

SUSPEND THE INDIVIDUAL'S CERTIFICATE OR REGISTRATION WITHOUT A     1,858        

PRIOR HEARING.  WRITTEN ALLEGATIONS SHALL BE PREPARED FOR                       

CONSIDERATION BY THE BOARD.                                        1,859        

      THE BOARD, ON REVIEW OF THE ALLEGATIONS AND BY AN            1,861        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING   1,863        

THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE    1,864        

WITHOUT A PRIOR HEARING.  A TELEPHONE CONFERENCE CALL MAY BE       1,865        

UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE  1,866        

SUMMARY SUSPENSION.                                                1,867        

      THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY       1,869        

CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF   1,870        

THE REVISED CODE.  THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION    1,872        

BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION     1,873        

119.12 OF THE REVISED CODE.  IF THE ANESTHESIOLOGIST ASSISTANT     1,874        

REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR    1,875        

THE HEARING SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN     1,876        

SEVEN DAYS, AFTER THE ANESTHESIOLOGIST ASSISTANT REQUESTS THE      1,877        

HEARING, UNLESS OTHERWISE AGREED TO BY BOTH THE BOARD AND THE      1,878        

CERTIFICATE HOLDER.                                                             

      A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL       1,880        

REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL         1,881        

ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION    1,882        

AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE.   THE      1,884        

BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS   1,885        

AFTER COMPLETION OF ITS HEARING.  FAILURE TO ISSUE THE ORDER       1,886        

WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY       1,887        

SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL   1,888        

ADJUDICATIVE ORDER.                                                             

      (H)  IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11),       1,892        

(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT,  1,893        

GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION   1,895        

                                                          43     


                                                                 
IN LIEU OF CONVICTION IS OVERTURNED ON APPEAL, ON EXHAUSTION OF    1,896        

THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER   1,897        

MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT           1,898        

DOCUMENTS.  ON RECEIPT OF A PETITION AND SUPPORTING COURT          1,899        

DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF            1,900        

REGISTRATION.  THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER       1,901        

CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE          1,902        

INDIVIDUAL COMMITTED THE ACT IN QUESTION.  NOTICE OF OPPORTUNITY   1,904        

FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE  1,905        

REVISED CODE.  IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION     1,906        

HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT,   1,907        

OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS   1,908        

SPECIFIED IN DIVISION (B) OF THIS SECTION.                         1,909        

      (I)  THE CERTIFICATE OF REGISTRATION OF AN ANESTHESIOLOGIST  1,912        

ASSISTANT AND THE ASSISTANT'S PRACTICE IN THIS STATE ARE           1,913        

AUTOMATICALLY SUSPENDED AS OF THE DATE THE ANESTHESIOLOGIST        1,914        

ASSISTANT PLEADS GUILTY TO, IS FOUND BY A JUDGE OR JURY TO BE      1,916        

GUILTY OF, OR IS SUBJECT TO A JUDICIAL FINDING OF ELIGIBILITY FOR  1,917        

INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR TREATMENT OF                

INTERVENTION IN LIEU OF CONVICTION IN ANOTHER JURISDICTION FOR     1,918        

ANY OF THE FOLLOWING CRIMINAL OFFENSES IN THIS STATE OR A          1,919        

SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER               1,920        

JURISDICTION:  AGGRAVATED MURDER, MURDER, VOLUNTARY MANSLAUGHTER,  1,922        

FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL BATTERY, GROSS SEXUAL  1,923        

IMPOSITION, AGGRAVATED ARSON, AGGRAVATED ROBBERY, OR AGGRAVATED    1,924        

BURGLARY.  CONTINUED PRACTICE AFTER THE SUSPENSION SHALL BE        1,926        

CONSIDERED PRACTICING WITHOUT A CERTIFICATE.                       1,927        

      THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE         1,930        

SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH                    

SECTION 119.07 OF THE REVISED CODE.  IF AN INDIVIDUAL WHOSE        1,931        

CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A       1,932        

TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE       1,934        

REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY      1,935        

REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION.             1,936        

                                                          44     


                                                                 
      (J)  IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY       1,939        

CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY     1,940        

FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT      1,941        

TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE  1,943        

REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT     1,944        

MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS     1,946        

MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS.  IN     1,947        

THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS          1,948        

IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION.              1,949        

      (K)  ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF     1,952        

THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A   1,953        

WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE                1,954        

ANESTHESIOLOGIST ASSISTANT'S CERTIFICATE MAY BE REINSTATED.  THE   1,955        

BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE     1,957        

REVISED CODE GOVERNING CONDITIONS TO BE IMPOSED FOR                             

REINSTATEMENT.  REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT  1,958        

TO DIVISION (B) OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF    1,960        

NOT FEWER THAN SIX MEMBERS OF THE BOARD.                                        

      (L)  WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF        1,963        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT TO AN APPLICANT,     1,964        

REVOKES AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO    1,966        

RENEW A CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN    1,967        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY    1,968        

THAT ITS ACTION IS PERMANENT.  AN INDIVIDUAL SUBJECT TO A          1,969        

PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER          1,970        

INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN             1,971        

ANESTHESIOLOGIST ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN       1,972        

APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE   1,973        

OF A NEW CERTIFICATE.                                              1,974        

      (M)  NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED      1,977        

CODE, ALL OF THE FOLLOWING APPLY:                                               

      (1)  THE SURRENDER OF A CERTIFICATE OF REGISTRATION ISSUED   1,980        

UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS OR UNTIL ACCEPTED BY    1,981        

THE BOARD.  REINSTATEMENT OF A CERTIFICATE SURRENDERED TO THE      1,982        

                                                          45     


                                                                 
BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS   1,983        

OF THE BOARD.                                                                   

      (2)  AN APPLICATION MADE UNDER THIS CHAPTER FOR A            1,986        

CERTIFICATE OF REGISTRATION MAY NOT BE WITHDRAWN WITHOUT APPROVAL  1,987        

OF THE BOARD.                                                                   

      (3)  FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF      1,990        

REGISTRATION IN ACCORDANCE WITH SECTION 4760.06 OF THE REVISED     1,991        

CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE    1,992        

DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL.     1,993        

      Sec. 4760.131.  ON RECEIPT OF A NOTICE PURSUANT TO SECTION   1,996        

2301.373 OF THE REVISED CODE, THE STATE MEDICAL BOARD SHALL                     

COMPLY WITH THAT SECTION WITH RESPECT TO A CERTIFICATE OF          1,997        

REGISTRATION ISSUED PURSUANT TO THIS CHAPTER.                      1,998        

      Sec. 4760.132.  IF THE STATE MEDICAL BOARD HAS REASON TO     2,000        

BELIEVE THAT ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF      2,001        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT UNDER THIS CHAPTER   2,003        

IS MENTALLY ILL OR MENTALLY INCOMPETENT, IT MAY FILE IN THE        2,004        

PROBATE COURT OF THE COUNTY IN WHICH THE PERSON HAS A LEGAL        2,005        

RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN SECTION 5122.11   2,006        

OF THE REVISED CODE AND SIGNED BY THE BOARD SECRETARY OR A MEMBER  2,007        

OF THE BOARD SECRETARY'S STAFF, WHEREUPON THE SAME PROCEEDINGS     2,009        

SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE REVISED CODE.     2,010        

THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN ANY PROCEEDING     2,012        

COMMENCED UNDER THIS SECTION.                                                   

      IF ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF          2,014        

REGISTRATION IS ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR  2,015        

MENTALLY INCOMPETENT, THE PERSON'S CERTIFICATE SHALL BE            2,016        

AUTOMATICALLY SUSPENDED UNTIL THE PERSON HAS FILED WITH THE STATE  2,018        

MEDICAL BOARD A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE     2,019        

COURT OF THE PERSON'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS  2,021        

SUBMITTED TO THE BOARD PROOF, SATISFACTORY TO THE BOARD, THAT THE  2,022        

PERSON HAS BEEN DISCHARGED AS HAVING A RESTORATION TO COMPETENCY   2,024        

IN THE MANNER AND FORM PROVIDED IN SECTION 5122.38 OF THE REVISED  2,025        

CODE.  THE JUDGE OF THE PROBATE COURT SHALL FORTHWITH NOTIFY THE   2,026        

                                                          46     


                                                                 
STATE MEDICAL BOARD OF AN ADJUDICATION OF MENTAL ILLNESS OR        2,027        

MENTAL INCOMPETENCE, AND SHALL NOTE ANY SUSPENSION OF A            2,029        

CERTIFICATE IN THE MARGIN OF THE COURT'S RECORD OF SUCH            2,030        

CERTIFICATE.                                                                    

      Sec. 4760.14.  (A)  THE STATE MEDICAL BOARD SHALL            2,033        

INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS      2,034        

VIOLATED THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON                

MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE    2,035        

PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF    2,036        

THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF     2,037        

BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES      2,039        

BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119.   2,040        

OF THE REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A     2,041        

RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY.  EACH  2,042        

COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD       2,044        

SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD.      2,045        

      (B)  INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER    2,047        

OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING   2,048        

MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF  2,050        

THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION       2,051        

4760.15 OF THE REVISED CODE.  THE BOARD'S PRESIDENT MAY DESIGNATE  2,052        

ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN      2,053        

PLACE OF THE SUPERVISING MEMBER.  A MEMBER OF THE BOARD WHO        2,054        

SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN    2,055        

FURTHER ADJUDICATION OF THE CASE.                                               

      (C)  IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER   2,057        

OR THE RULES ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS,     2,058        

ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE   2,059        

ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS,         2,060        

PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA  2,061        

FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT         2,062        

CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF    2,063        

THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD.  BEFORE         2,064        

ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE         2,066        

                                                          47     


                                                                 
SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS  2,067        

PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A       2,068        

VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT AND THAT   2,069        

THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND       2,070        

MATERIAL TO THE INVESTIGATION.  THE SUBPOENA MAY APPLY ONLY TO     2,071        

RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE     2,073        

ALLEGED VIOLATION.                                                              

      ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD   2,076        

AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE    2,077        

BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS   2,078        

OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE.               2,079        

      A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,   2,081        

THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE        2,082        

BOARD.  SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY   2,084        

DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN,     2,085        

READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL      2,086        

PLACE OF RESIDENCE.  WHEN THE PERSON BEING SERVED IS AN            2,087        

ANESTHESIOLOGIST ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE    2,088        

BY CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED,  2,089        

AND THE SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS    2,090        

MADE OR THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY.            2,091        

      A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE   2,094        

SAME FEES AS A SHERIFF.  EACH WITNESS WHO APPEARS BEFORE THE       2,095        

BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND        2,096        

MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF                  

COMMON PLEAS.                                                      2,097        

      (D)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   2,099        

CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF   2,100        

THE REVISED CODE.                                                               

      (E)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        2,102        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  2,103        

CIVIL ACTION.                                                      2,104        

      THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS   2,107        

IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND      2,108        

                                                          48     


                                                                 
PERSONS WHO FILE COMPLAINTS WITH THE BOARD.  THE BOARD SHALL NOT   2,110        

MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT   2,111        

PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN.           2,112        

      THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO  2,115        

AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD     2,116        

INFORMATION, WITH LAW ENFORCEMENT AGENCIES, OTHER LICENSING        2,117        

BOARDS, AND OTHER GOVERNMENTAL AGENCIES THAT ARE PROSECUTING,      2,119        

ADJUDICATING, OR INVESTIGATING ALLEGED VIOLATIONS OF STATUTES OR   2,120        

ADMINISTRATIVE RULES.  AN AGENCY OR BOARD THAT RECEIVES THE        2,121        

INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING      2,122        

CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST   2,123        

COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED                

CODE OR PROCEDURE OF THE AGENCY OR BOARD THAT APPLIES WHEN IT IS   2,124        

DEALING WITH OTHER INFORMATION IN ITS POSSESSION.  IN A JUDICIAL   2,125        

PROCEEDING, THE INFORMATION MAY BE ADMITTED INTO EVIDENCE ONLY IN  2,127        

ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE COURT SHALL         2,128        

REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT         2,129        

CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE      2,130        

INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION   2,131        

ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY WAS           2,132        

PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS IN   2,133        

THE BOARD'S POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT                

MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING  2,135        

SPECIFIC INFORMATION FROM ITS RECORDS.                             2,136        

      (F)  THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR  2,139        

AND PROVIDE APPROPRIATE INITIAL TRAINING AND CONTINUING EDUCATION  2,140        

FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES    2,141        

UNDER THIS CHAPTER.  THE TRAINING AND CONTINUING EDUCATION MAY     2,142        

INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO     2,143        

PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS            2,144        

APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE    2,145        

REVISED CODE.                                                                   

      (G)  ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT  2,148        

THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING   2,149        

                                                          49     


                                                                 
THREE MONTHS.  THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION  2,150        

FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES:   2,151        

      (1)  THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED    2,154        

VIOLATION;                                                                      

      (2)  THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY    2,157        

THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;                          

      (3)  A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE       2,159        

COMPLAINT;                                                         2,160        

      (4)  THE DISPOSITION OF THE CASE.                            2,162        

      THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING,     2,164        

AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF    2,167        

EACH PERSON INVOLVED IN EACH CASE.  THE REPORT IS A PUBLIC RECORD               

FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.                2,168        

      Sec. 4760.15.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    2,170        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    2,171        

      (B)  WHENEVER ANY PERSON HOLDING A VALID CERTIFICATE ISSUED  2,173        

PURSUANT TO THIS CHAPTER PLEADS GUILTY TO, IS SUBJECT TO A         2,175        

JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A JUDICIAL FINDING  2,176        

OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR A        2,177        

VIOLATION OF CHAPTER 2907., 2925., OR 3719. OF THE REVISED CODE                 

OR OF ANY SUBSTANTIVELY COMPARABLE ORDINANCE OF A MUNICIPAL        2,178        

CORPORATION IN CONNECTION WITH THE PERSON'S PRACTICE, THE          2,179        

PROSECUTOR IN THE CASE, ON FORMS PRESCRIBED AND PROVIDED BY THE    2,181        

STATE MEDICAL BOARD, SHALL PROMPTLY NOTIFY THE BOARD OF THE        2,182        

CONVICTION.  WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION,    2,184        

THE BOARD SHALL INITIATE ACTION IN ACCORDANCE WITH CHAPTER 119.    2,185        

OF THE REVISED CODE TO DETERMINE WHETHER TO SUSPEND OR REVOKE THE  2,186        

CERTIFICATE UNDER SECTION 4760.13 OF THE REVISED CODE.             2,187        

      (C)  THE PROSECUTOR IN ANY CASE AGAINST ANY PERSON HOLDING   2,189        

A VALID CERTIFICATE OF REGISTRATION ISSUED PURSUANT TO THIS        2,190        

CHAPTER, ON FORMS PRESCRIBED AND PROVIDED BY THE STATE MEDICAL     2,191        

BOARD, SHALL NOTIFY THE BOARD OF ANY OF THE FOLLOWING:             2,192        

      (1)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,195        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,196        

                                                          50     


                                                                 
LIEU OF CONVICTION FOR A FELONY, OR A CASE IN WHICH THE TRIAL      2,198        

COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL    2,199        

GROUNDS OF A FELONY CHARGE;                                        2,200        

      (2)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,204        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,205        

LIEU OF CONVICTION FOR A MISDEMEANOR COMMITTED IN THE COURSE OF    2,207        

PRACTICE, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF    2,208        

DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A    2,210        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     2,211        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,214        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,215        

LIEU OF CONVICTION FOR A MISDEMEANOR INVOLVING MORAL TURPITUDE,    2,217        

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    2,218        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR  2,220        

INVOLVING MORAL TURPITUDE.                                         2,221        

      THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE         2,223        

CERTIFICATE HOLDER, THE NATURE OF THE OFFENSE FOR WHICH THE        2,224        

ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE  2,225        

ACTION.                                                            2,226        

      Sec. 4760.16.  (A)  WITHIN SIXTY DAYS AFTER THE IMPOSITION   2,229        

OF ANY FORMAL DISCIPLINARY ACTION TAKEN BY ANY HEALTH CARE         2,230        

FACILITY, INCLUDING A HOSPITAL, HEALTH CARE FACILITY OPERATED BY   2,231        

AN INSURING CORPORATION, AMBULATORY SURGICAL CENTER, OR SIMILAR    2,232        

FACILITY, AGAINST ANY INDIVIDUAL HOLDING A VALID CERTIFICATE OF    2,234        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE CHIEF           2,235        

ADMINISTRATOR OR EXECUTIVE OFFICER OF THE FACILITY SHALL REPORT    2,238        

TO THE STATE MEDICAL BOARD THE NAME OF THE INDIVIDUAL, THE ACTION  2,239        

TAKEN BY THE FACILITY, AND A SUMMARY OF THE UNDERLYING FACTS       2,240        

LEADING TO THE ACTION TAKEN.  ON REQUEST, THE BOARD SHALL BE       2,241        

PROVIDED CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE                  

BASIS FOR THE FACILITY'S ACTION.   PRIOR TO RELEASE TO THE BOARD,  2,243        

THE SUMMARY SHALL BE APPROVED BY THE PEER REVIEW COMMITTEE THAT    2,244        

REVIEWED THE CASE OR BY THE GOVERNING BOARD OF THE FACILITY.       2,246        

                                                          51     


                                                                 
      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,249        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY                  

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE         2,250        

FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST AN                2,252        

ANESTHESIOLOGIST ASSISTANT.                                                     

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,254        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,255        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,256        

      (B)  AN ANESTHESIOLOGIST ASSISTANT, PROFESSIONAL             2,258        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS, PHYSICIAN,  2,260        

OR PROFESSIONAL ASSOCIATION OR SOCIETY OF PHYSICIANS THAT          2,261        

BELIEVES A VIOLATION OF ANY PROVISION OF THIS CHAPTER, CHAPTER     2,262        

4731. OF THE REVISED CODE, OR RULE OF THE BOARD HAS OCCURRED       2,265        

SHALL REPORT TO THE BOARD THE INFORMATION ON WHICH THE BELIEF IS   2,266        

BASED.  THIS DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER      2,267        

APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE REVISED CODE    2,269        

OR ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO    2,270        

MAKE REPORTS WITH RESPECT TO AN ANESTHESIOLOGIST ASSISTANT                      

PARTICIPATING IN TREATMENT OR AFTERCARE FOR SUBSTANCE ABUSE AS     2,272        

LONG AS THE ANESTHESIOLOGIST ASSISTANT MAINTAINS PARTICIPATION IN  2,273        

ACCORDANCE WITH THE REQUIREMENTS OF SECTION 4731.25 OF THE         2,274        

REVISED CODE AND THE TREATMENT PROVIDER OR EMPLOYEE, AGENT, OR     2,276        

REPRESENTATIVE OF THE PROVIDER HAS NO REASON TO BELIEVE THAT THE   2,277        

ANESTHESIOLOGIST ASSISTANT HAS VIOLATED ANY PROVISION OF THIS      2,278        

CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY     2,279        

ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT       2,280        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,281        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,282        

REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,283        

PROFESSIONAL ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST            2,284        

ASSISTANTS TO PROVIDE PEER ASSISTANCE TO ANESTHESIOLOGIST          2,286        

ASSISTANTS WITH SUBSTANCE ABUSE PROBLEMS WITH RESPECT TO AN        2,287        

ANESTHESIOLOGIST ASSISTANT WHO HAS BEEN REFERRED FOR EXAMINATION   2,288        

TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER SECTION         2,289        

                                                          52     


                                                                 
4731.25 OF THE REVISED CODE IF THE ANESTHESIOLOGIST ASSISTANT      2,290        

COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,291        

DETERMINATION THAT THE ANESTHESIOLOGIST ASSISTANT SHOULD ENTER                  

TREATMENT AND AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR  2,293        

AGENT HAS NO REASON TO BELIEVE THAT THE ANESTHESIOLOGIST           2,294        

ASSISTANT HAS CEASED TO PARTICIPATE IN THE TREATMENT PROGRAM IN    2,295        

ACCORDANCE WITH SECTION 4731.25 OF THE REVISED CODE OR HAS         2,296        

VIOLATED ANY PROVISION OF THIS CHAPTER OR RULE ADOPTED UNDER IT,   2,297        

OTHER THAN BEING IMPAIRED BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  2,298        

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,300        

PRIMARILY OF ANESTHESIOLOGIST ASSISTANTS THAT SUSPENDS OR REVOKES  2,301        

AN INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS,  2,302        

OR FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL        2,303        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,304        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,305        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,307        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,308        

LEADING TO THE ACTION TAKEN.                                       2,309        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,311        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY     2,312        

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL        2,313        

ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN            2,315        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,318        

TO ANY PERSON HOLDING A VALID CERTIFICATE OF REGISTRATION AS AN    2,319        

ANESTHESIOLOGIST ASSISTANT OR ANY OTHER ENTITY THAT SEEKS TO       2,320        

INDEMNIFY THE PROFESSIONAL LIABILITY OF AN ANESTHESIOLOGIST        2,321        

ASSISTANT SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER THE                   

FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH      2,322        

DISPOSITION RESULTS IN A PAYMENT EXCEEDING TWENTY-FIVE THOUSAND    2,323        

DOLLARS.  THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:      2,324        

      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,326        

NOTIFICATION;                                                      2,327        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,330        

                                                          53     


                                                                 
OF THE CLAIM;                                                                   

      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,332        

      (4)  THE DATE OF FINAL DISPOSITION;                          2,334        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,337        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,340        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,343        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,344        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,345        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,346        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,347        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TWENTY-FIVE     2,349        

THOUSAND DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING      2,350        

NEGLIGENT CONDUCT BY THE ANESTHESIOLOGIST ASSISTANT.               2,351        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,354        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,355        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,356        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING AN      2,357        

ANESTHESIOLOGIST ASSISTANT, SUPERVISING PHYSICIAN, OR HEALTH CARE               

FACILITY ARISING OUT OF MATTERS THAT ARE THE SUBJECT OF THE        2,359        

REPORTING REQUIRED BY THIS SECTION.  THE BOARD MAY USE THE         2,360        

INFORMATION OBTAINED ONLY AS THE BASIS FOR AN INVESTIGATION, AS    2,362        

EVIDENCE IN A DISCIPLINARY HEARING AGAINST AN ANESTHESIOLOGIST     2,363        

ASSISTANT OR SUPERVISING PHYSICIAN, OR IN ANY SUBSEQUENT TRIAL OR  2,364        

APPEAL OF A BOARD ACTION OR ORDER.                                 2,366        

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          2,368        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           2,369        

COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       2,371        

CREDENTIALING OR RECREDENTIALING AN ANESTHESIOLOGIST ASSISTANT OR  2,372        

SUPERVISING PHYSICIAN OR REVIEWING THEIR PRIVILEGE TO PRACTICE     2,374        

WITHIN A PARTICULAR FACILITY.  THE BOARD SHALL INDICATE WHETHER    2,375        

OR NOT THE INFORMATION HAS BEEN VERIFIED.  INFORMATION                          

TRANSMITTED BY THE BOARD SHALL BE SUBJECT TO THE SAME              2,376        

                                                          54     


                                                                 
CONFIDENTIALITY PROVISIONS AS WHEN MAINTAINED BY THE BOARD.        2,377        

      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   2,380        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   2,381        

REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   2,382        

ANESTHESIOLOGIST ASSISTANT.  THE ANESTHESIOLOGIST ASSISTANT SHALL  2,384        

HAVE THE RIGHT TO FILE A STATEMENT WITH THE BOARD CONCERNING THE   2,385        

CORRECTNESS OR RELEVANCE OF THE INFORMATION.  THE STATEMENT SHALL  2,386        

AT ALL TIMES ACCOMPANY THAT PART OF THE RECORD IN CONTENTION.      2,388        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    2,391        

REFERS AN IMPAIRED ANESTHESIOLOGIST ASSISTANT TO A TREATMENT       2,392        

PROVIDER APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE        2,394        

REVISED CODE SHALL NOT BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A   2,395        

RESULT OF THE REPORT, REFERRAL, OR PROVISION OF THE INFORMATION.   2,396        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    2,399        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS THAT                      

SPONSORS A COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO AN   2,402        

ANESTHESIOLOGIST ASSISTANT WITH SUBSTANCE ABUSE PROBLEMS, A                     

REPRESENTATIVE OR AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A      2,404        

MEMBER OF THE STATE MEDICAL BOARD SHALL NOT BE HELD LIABLE IN      2,405        

DAMAGES TO ANY PERSON BY REASON OF ACTIONS TAKEN TO REFER AN       2,406        

ANESTHESIOLOGIST ASSISTANT TO A TREATMENT PROVIDER APPROVED UNDER  2,407        

SECTION 4731.25 OF THE REVISED CODE FOR EXAMINATION OR TREATMENT.  2,408        

      Sec. 4760.17.  THE SECRETARY OF THE STATE MEDICAL BOARD      2,411        

SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF                 2,412        

ANESTHESIOLOGIST ASSISTANTS.  IF THE SECRETARY HAS KNOWLEDGE OR                 

NOTICE OF A VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER   2,414        

IT, THE SECRETARY SHALL INVESTIGATE THE MATTER, AND, UPON          2,415        

PROBABLE CAUSE APPEARING, FILE A COMPLAINT AND PROSECUTE THE       2,416        

OFFENDER.  WHEN REQUESTED BY THE SECRETARY, THE PROSECUTING        2,417        

ATTORNEY OF THE PROPER COUNTY SHALL TAKE CHARGE OF AND CONDUCT     2,418        

THE PROSECUTION.                                                                

      Sec. 4760.18.  THE ATTORNEY GENERAL, THE PROSECUTING         2,421        

ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE WAS COMMITTED OR THE   2,422        

OFFENDER RESIDES, THE STATE MEDICAL BOARD, OR ANY OTHER PERSON     2,423        

                                                          55     


                                                                 
HAVING KNOWLEDGE OF A PERSON ENGAGED EITHER DIRECTLY OR BY         2,424        

COMPLICITY IN PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT WITHOUT  2,426        

HAVING FIRST OBTAINED A CERTIFICATE OF REGISTRATION PURSUANT TO    2,427        

THIS CHAPTER, MAY, IN ACCORDANCE WITH PROVISIONS OF THE REVISED    2,428        

CODE GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THE  2,429        

STATE TO ENJOIN ANY PERSON FROM ENGAGING EITHER DIRECTLY OR BY     2,430        

COMPLICITY IN UNLAWFULLY PRACTICING AS AN ANESTHESIOLOGIST         2,432        

ASSISTANT BY APPLYING FOR AN INJUNCTION IN ANY COURT OF COMPETENT  2,433        

JURISDICTION.                                                      2,434        

      PRIOR TO APPLICATION FOR AN INJUNCTION, THE SECRETARY OF     2,436        

THE STATE MEDICAL BOARD SHALL NOTIFY THE PERSON ALLEGEDLY ENGAGED  2,437        

EITHER DIRECTLY OR BY COMPLICITY IN THE UNLAWFUL PRACTICE BY       2,439        

REGISTERED MAIL THAT THE SECRETARY HAS RECEIVED INFORMATION        2,440        

INDICATING THAT THIS PERSON IS SO ENGAGED.  THE PERSON SHALL       2,441        

ANSWER THE SECRETARY WITHIN THIRTY DAYS SHOWING THAT THE PERSON    2,442        

IS EITHER PROPERLY LICENSED FOR THE STATED ACTIVITY OR THAT THE    2,444        

PERSON IS NOT IN VIOLATION OF THIS CHAPTER.  IF THE ANSWER IS NOT  2,447        

FORTHCOMING WITHIN THIRTY DAYS AFTER NOTICE BY THE SECRETARY, THE  2,449        

SECRETARY SHALL REQUEST THAT THE ATTORNEY GENERAL, THE             2,450        

PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE OFFENSE WAS                     

COMMITTED OR THE OFFENDER RESIDES, OR THE STATE MEDICAL BOARD      2,451        

PROCEED AS AUTHORIZED IN THIS SECTION.                             2,452        

      UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT   2,454        

SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME    2,455        

PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER    2,457        

CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE POSITION OF  2,459        

THE PROCEEDING ON THE CALENDAR OF THE COURT.                                    

      INJUNCTION PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN   2,462        

LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS         2,463        

CHAPTER.                                                                        

      Sec. 4760.19.  THE STATE MEDICAL BOARD MAY ADOPT ANY RULES   2,465        

NECESSARY TO GOVERN THE PRACTICE OF ANESTHESIOLOGIST ASSISTANTS,   2,467        

THE SUPERVISORY RELATIONSHIP BETWEEN ANESTHESIOLOGIST ASSISTANTS   2,469        

AND SUPERVISING ANESTHESIOLOGISTS, AND THE ADMINISTRATION AND      2,470        

                                                          56     


                                                                 
ENFORCEMENT OF THIS CHAPTER.  RULES ADOPTED UNDER THIS SECTION     2,471        

SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED    2,472        

CODE.                                                                           

      Sec. 4760.20.  THE STATE MEDICAL BOARD, SUBJECT TO THE       2,474        

APPROVAL OF THE CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS    2,476        

OF THE AMOUNTS SPECIFIED IN THIS CHAPTER, EXCEPT THAT THE FEES     2,479        

MAY NOT EXCEED THE SPECIFIED AMOUNTS BY MORE THAN FIFTY PER CENT.  2,481        

      ALL FEES, PENALTIES, AND OTHER FUNDS RECEIVED BY THE BOARD   2,483        

UNDER THIS CHAPTER SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION   2,484        

4731.24 OF THE REVISED CODE.                                                    

      Sec. 4760.21.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     2,487        

STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT                 

OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE   2,489        

BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE   2,490        

HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT,     2,491        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL     2,492        

DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER.  IF ANY   2,494        

SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR  2,495        

ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR   2,496        

DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE       2,497        

REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND   2,498        

THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE      2,499        

DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY    2,500        

FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT,     2,501        

COMPROMISE, OR SETTLEMENT.  AT NO TIME SHALL THE STATE PAY ANY     2,502        

PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY      2,503        

DAMAGES.                                                                        

      Sec. 4760.99.  (A)  WHOEVER VIOLATES SECTION 4760.02 OF THE  2,505        

REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A   2,507        

FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS GUILTY    2,509        

OF A FELONY OF THE FOURTH DEGREE.                                               

      (B)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      2,512        

SECTION 4760.16 OF THE REVISED CODE IS GUILTY OF A MINOR           2,513        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE     2,514        

                                                          57     


                                                                 
PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     2,515        

THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     2,516        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          2,517        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 2,518        

      Section 2.  That existing sections 4731.051, 4731.07,        2,520        

4731.22, 4731.224, 4731.24, 4731.25, and 4731.35 of the Revised    2,522        

Code are hereby repealed.                                                       

      Section 3.  Section 4760.02 of the Revised Code as enacted   2,524        

by this act shall take effect one year after the effective date    2,525        

of this section.                                                                

      Section 4.  The authority this act grants to the State       2,527        

Medical Board to take disciplinary action under section 4760.13    2,528        

of the Revised Code against a person who has been found eligible   2,529        

for intervention in lieu of conviction extends to a person who,    2,530        

prior to the effective date of Am. Sub. S.B. 107 of the 123rd      2,531        

General Assembly, was found eligible for treatment in lieu of      2,532        

conviction.                                                                     

      Section 5.  This act is hereby declared to be an emergency   2,534        

measure necessary for the immediate preservation of the public     2,535        

peace, health, and safety.  The reason for such necessity is that  2,536        

the authority to regulate the practice of anesthesiologist         2,537        

assistants granted by the act to the State Medical Board will      2,538        

enhance the quality and safety of health care provided to the      2,539        

residents of this state.  Therefore, this act shall go into        2,540        

immediate effect.                                                  2,541