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:
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(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:
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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