As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 278  5            

      1999-2000                                                    6            


              SENATORS DRAKE-FINGERHUT-SPADA-HAGAN                 8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 4731.051, 4731.07, 4731.22,         12           

                4731.224, 4731.24, 4731.25, and 4731.35 and to     13           

                enact sections 4760.01, 4760.02, 4760.03,          14           

                4760.031, 4760.04, 4760.05, 4760.06, 4760.08,                   

                4760.09, 4760.10, 4760.13, 4760.131, 4760.132,     17           

                4760.14, 4760.15, 4760.16, 4760.17, 4760.18,                    

                4760.19, 4760.20, 4760.21, and 4760.99 of the      18           

                Revised Code to provide for the regulation of      19           

                anesthesiologist assistants and to declare an                   

                emergency.                                         20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 4731.051, 4731.07, 4731.22,        24           

4731.224, 4731.24, 4731.25, and 4731.35 be amended and sections    26           

4760.01, 4760.02, 4760.03, 4760.031, 4760.04, 4760.05, 4760.06,    27           

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,     28           

and 4760.99 of the Revised Code be enacted to read as follows:     30           

      Sec. 4731.051.  The state medical board shall adopt rules    39           

in accordance with Chapter 119. of the Revised Code establishing   41           

universal blood and body fluid precautions that shall be used by   43           

each person who performs exposure prone invasive procedures and    45           

is authorized to practice by this chapter or Chapter 4730. OR      46           

4760. of the Revised Code.  The rules shall define and establish   47           

requirements for universal blood and body fluid precautions that   49           

include the following:                                                          

      (A)  Appropriate use of hand washing;                        51           

                                                          2      


                                                                 
      (B)  Disinfection and sterilization of equipment;            53           

      (C)  Handling and disposal of needles and other sharp        55           

instruments;                                                                    

      (D)  Wearing and disposal of gloves and other protective     57           

garments and devices.                                                           

      Sec. 4731.07.  The state medical board shall keep a record   66           

of its proceedings.  It shall also keep a register of applicants   67           

for certificates, showing OF REGISTRATION ISSUED UNDER THIS        68           

CHAPTER, CHAPTER 4730. OF THE REVISED CODE, AND CHAPTER 4760. OF   69           

THE REVISED CODE.  THE REGISTER SHALL SHOW the name of the         71           

applicant, the name and location of the institution granting him   72           

the degree of doctor of medicine or surgery or the degree of       73           

doctor of osteopathy or surgery, and whether he THE APPLICANT was  75           

granted or refused a certificate.  WITH RESPECT TO APPLICANTS TO   78           

PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND          79           

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

GRANTED THE APPLICANT THE DEGREE OF DOCTOR OF MEDICINE OR          80           

OSTEOPATHIC MEDICINE.  The booksand BOOKS AND records of the       81           

board shall be prima-facie evidence of matters therein contained.  85           

      Sec. 4731.22.  (A)  The state medical board, by an           95           

affirmative vote of not fewer than six of its members, may revoke  96           

or may refuse to grant a certificate to a person found by the      97           

board to have committed fraud during the administration of the     98           

examination for a certificate to practice or to have committed     100          

fraud, misrepresentation, or deception in applying for or          101          

securing any certificate to practice or certificate of                          

registration issued by the board.                                  102          

      (B)  The board, by an affirmative vote of not fewer than     105          

six members, shall, to the extent permitted by law, limit,         106          

revoke, or suspend an individual's certificate to practice,        108          

refuse to register an individual, refuse to reinstate a            109          

certificate, or reprimand or place on probation the holder of a    111          

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  113          

                                                          3      


                                                                 
or certificate of registration to be used by a person, group, or   115          

corporation when the individual concerned is not actually          116          

directing the treatment given;                                     117          

      (2)  Failure to maintain minimal standards applicable to     120          

the selection or administration of drugs, or failure to employ     121          

acceptable scientific methods in the selection of drugs or other   122          

modalities for treatment of disease;                               123          

      (3)  Selling, giving away, personally furnishing,            125          

prescribing, or administering drugs for other than legal and       126          

legitimate therapeutic purposes or a plea of guilty to, a          127          

judicial finding of guilt of, or a judicial finding of             128          

eligibility for treatment in lieu of conviction of, a violation    129          

of any federal or state law regulating the possession,                          

distribution, or use of any drug;                                  130          

      (4)  Willfully betraying a professional confidence.          132          

      For purposes of this division, "willfully betraying a        134          

professional confidence" does not include the making of a report   135          

of an employee's use of a drug of abuse, or a report of a          136          

condition of an employee other than one involving the use of a     137          

drug of abuse, to the employer of the employee as described in     138          

division (B) of section 2305.33 of the Revised Code.  Nothing in   140          

this division affects the immunity from civil liability conferred  142          

by that section upon a physician who makes either type of report   143          

in accordance with division (B) of that section.  As used in this  144          

division, "employee," "employer," and "physician" have the same    145          

meanings as in section 2305.33 of the Revised Code.                146          

      (5)  Making a false, fraudulent, deceptive, or misleading    149          

statement in the solicitation of or advertising for patients; in   151          

relation to the practice of medicine and surgery, osteopathic      152          

medicine and surgery, podiatry, or a limited branch of medicine;   153          

or in securing or attempting to secure any certificate to          155          

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  157          

misleading statement" means a statement that includes a            158          

                                                          4      


                                                                 
misrepresentation of fact, is likely to mislead or deceive         159          

because of a failure to disclose material facts, is intended or    160          

is likely to create false or unjustified expectations of           161          

favorable results, or includes representations or implications     162          

that in reasonable probability will cause an ordinarily prudent    163          

person to misunderstand or be deceived.                            164          

      (6)  A departure from, or the failure to conform to,         166          

minimal standards of care of similar practitioners under the same  167          

or similar circumstances, whether or not actual injury to a        168          

patient is established;                                            169          

      (7)  Representing, with the purpose of obtaining             171          

compensation or other advantage as personal gain or for any other  173          

person, that an incurable disease or injury, or other incurable    174          

condition, can be permanently cured;                               175          

      (8)  The obtaining of, or attempting to obtain, money or     177          

anything of value by fraudulent misrepresentations in the course   178          

of practice;                                                       179          

      (9)  A plea of guilty to, a judicial finding of guilt of,    182          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a felony;                                          183          

      (10)  Commission of an act that constitutes a felony in      185          

this state, regardless of the jurisdiction in which the act was    186          

committed;                                                         187          

      (11)  A plea of guilty to, a judicial finding of guilt of,   190          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor committed in the course of           191          

practice;                                                                       

      (12)  Commission of an act in the course of practice that    193          

constitutes a misdemeanor in this state, regardless of the         195          

jurisdiction in which the act was committed;                       196          

      (13)  A plea of guilty to, a judicial finding of guilt of,   199          

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor involving moral turpitude;           200          

      (14)  Commission of an act involving moral turpitude that    202          

                                                          5      


                                                                 
constitutes a misdemeanor in this state, regardless of the         204          

jurisdiction in which the act was committed;                       205          

      (15)  Violation of the conditions of limitation placed by    207          

the board upon a certificate to practice;                          208          

      (16)  Failure to pay license renewal fees specified in this  210          

chapter;                                                           211          

      (17)  Except as authorized in section 4731.31 of the         213          

Revised Code, engaging in the division of fees for referral of     215          

patients, or the receiving of a thing of value in return for a     216          

specific referral of a patient to utilize a particular service or  217          

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       219          

violation of any provision of a code of ethics of the American     221          

medical association, the American osteopathic association, the     222          

American podiatric medical association, or any other national      223          

professional organizations that the board specifies by rule.  The  225          

state medical board shall obtain and keep on file current copies   226          

of the codes of ethics of the various national professional        227          

organizations.  The individual whose certificate is being          228          

suspended or revoked shall not be found to have violated any       230          

provision of a code of ethics of an organization not appropriate   231          

to the individual's profession.                                    232          

      For purposes of this division, a "provision of a code of     235          

ethics of a national professional organization" does not include   236          

any provision that would preclude the making of a report by a      237          

physician of an employee's use of a drug of abuse, or of a         238          

condition of an employee other than one involving the use of a     239          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   241          

this division affects the immunity from civil liability conferred  242          

by that section upon a physician who makes either type of report   243          

in accordance with division (B) of that section.  As used in this  244          

division, "employee," "employer," and "physician" have the same    245          

meanings as in section 2305.33 of the Revised Code.                246          

                                                          6      


                                                                 
      (19)  Inability to practice according to acceptable and      248          

prevailing standards of care by reason of mental illness or        249          

physical illness, including, but not limited to, physical          250          

deterioration that adversely affects cognitive, motor, or          251          

perceptive skills.                                                 252          

      In enforcing this division, the board, upon a showing of a   255          

possible violation, may compel any individual authorized to        256          

practice by this chapter or who has submitted an application       258          

pursuant to this chapter to submit to a mental examination,        260          

physical examination, including an HIV test, or both a mental and  262          

a physical examination.  The expense of the examination is the     264          

responsibility of the individual compelled to be examined.         265          

Failure to submit to a mental or physical examination or consent   266          

to an HIV test ordered by the board constitutes an admission of    267          

the allegations against the individual unless the failure is due   269          

to circumstances beyond the individual's control, and a default    270          

and final order may be entered without the taking of testimony or  271          

presentation of evidence.  If the board finds an individual        272          

unable to practice because of the reasons set forth in this        274          

division, the board shall require the individual to submit to      275          

care, counseling, or treatment by physicians approved or           276          

designated by the board, as a condition for initial, continued,    277          

reinstated, or renewed authority to practice.  An individual       279          

affected under this division shall be afforded an opportunity to   281          

demonstrate to the board the ability to resume practice in         282          

compliance with acceptable and prevailing standards under the      283          

provisions of the individual's certificate.  For the purpose of    285          

this division, any individual who applies for or receives a        286          

certificate to practice under this chapter accepts the privilege   287          

of practicing in this state and, by so doing, shall be deemed to   290          

have given consent to submit to a mental or physical examination   291          

when directed to do so in writing by the board, and to have        292          

waived all objections to the admissibility of testimony or         293          

examination reports that constitute a privileged communication.    294          

                                                          7      


                                                                 
      (20)  Except when civil penalties are imposed under section  296          

4731.225 or 4731.281 of the Revised Code, and subject to section   297          

4731.226 of the Revised Code, violating or attempting to violate,  299          

directly or indirectly, or assisting in or abetting the violation  300          

of, or conspiring to violate, any provisions of this chapter or    301          

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     303          

violation of, assisting in or abetting the violation of, or a      304          

conspiracy to violate, any provision of this chapter or any rule   305          

adopted by the board that would preclude the making of a report    307          

by a physician of an employee's use of a drug of abuse, or of a    308          

condition of an employee other than one involving the use of a     309          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   311          

this division affects the immunity from civil liability conferred  312          

by that section upon a physician who makes either type of report   313          

in accordance with division (B) of that section.  As used in this  314          

division, "employee," "employer," and "physician" have the same    315          

meanings as in section 2305.33 of the Revised Code.                316          

      (21)  The violation of any abortion rule adopted by the      318          

public health council pursuant to section 3701.341 of the Revised  319          

Code;                                                              320          

      (22)  Any of the following actions taken by the state        322          

agency responsible for regulating the practice of medicine and     323          

surgery, osteopathic medicine and surgery, podiatry, or the        324          

limited branches of medicine in another state, for any reason      325          

other than the nonpayment of fees:  the limitation, revocation,    326          

or suspension of an individual's license to practice; acceptance   327          

of an individual's license surrender; denial of a license;         328          

refusal to renew or reinstate a license; imposition of probation;  330          

or issuance of an order of censure or other reprimand;             331          

      (23)  The violation of section 2919.12 of the Revised Code   333          

or the performance or inducement of an abortion upon a pregnant    334          

woman with actual knowledge that the conditions specified in       335          

                                                          8      


                                                                 
division (B) of section 2317.56 of the Revised Code have not been  336          

satisfied or with a heedless indifference as to whether those      337          

conditions have been satisfied, unless an affirmative defense as   338          

specified in division (H)(2) of that section would apply in a      339          

civil action authorized by division (H)(1) of that section;        340          

      (24)  The revocation, suspension, restriction, reduction,    342          

or termination of clinical privileges by the United States         344          

department of defense or department of veterans affairs or the     346          

termination or suspension of a certificate of registration to      347          

prescribe drugs by the drug enforcement administration of the      348          

United States department of justice;                               349          

      (25)  Termination or suspension from participation in the    351          

medicare or medicaid programs by the department of health and      353          

human services or other responsible agency for any act or acts     354          

that also would constitute a violation of division (B)(2), (3),    355          

(6), (8), or (19) of this section;                                 356          

      (26)  Impairment of ability to practice according to         358          

acceptable and prevailing standards of care because of habitual    359          

or excessive use or abuse of drugs, alcohol, or other substances   360          

that impair ability to practice.                                   361          

      For the purposes of this division, any individual            363          

authorized to practice by this chapter accepts the privilege of    365          

practicing in this state subject to supervision by the board.  By  366          

filing an application for or holding a certificate to practice     369          

under this chapter, an individual shall be deemed to have given    371          

consent to submit to a mental or physical examination when         372          

ordered to do so by the board in writing, and to have waived all   373          

objections to the admissibility of testimony or examination        374          

reports that constitute privileged communications.                 375          

      If it has reason to believe that any individual authorized   377          

to practice by this chapter or any applicant for certification to  378          

practice suffers such impairment, the board may compel the         379          

individual to submit to a mental or physical examination, or       380          

both.  The expense of the examination is the responsibility of     382          

                                                          9      


                                                                 
the individual compelled to be examined.  Any mental or physical   384          

examination required under this division shall be undertaken by a  385          

treatment provider or physician who is qualified to conduct the    386          

examination and who is chosen by the board.                        387          

      Failure to submit to a mental or physical examination        390          

ordered by the board constitutes an admission of the allegations   391          

against the individual unless the failure is due to circumstances  392          

beyond the individual's control, and a default and final order     393          

may be entered without the taking of testimony or presentation of  394          

evidence.  If the board determines that the individual's ability   395          

to practice is impaired, the board shall suspend the individual's  396          

certificate or deny the individual's application and shall         397          

require the individual, as a condition for initial, continued,     398          

reinstated, or renewed certification to practice, to submit to     400          

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        402          

certificate suspended under this division, the impaired            404          

practitioner shall demonstrate to the board the ability to resume  406          

practice in compliance with acceptable and prevailing standards    407          

of care under the provisions of the practitioner's certificate.    408          

The demonstration shall include, but shall not be limited to, the  410          

following:                                                                      

      (a)  Certification from a treatment provider approved under  412          

section 4731.25 of the Revised Code that the individual has        414          

successfully completed any required inpatient treatment;           415          

      (b)  Evidence of continuing full compliance with an          417          

aftercare contract or consent agreement;                           418          

      (c)  Two written reports indicating that the individual's    420          

ability to practice has been assessed and that the individual has  421          

been found capable of practicing according to acceptable and       422          

prevailing standards of care.  The reports shall be made by        423          

individuals or providers approved by the board for making the      424          

assessments and shall describe the basis for their determination.  425          

      The board may reinstate a certificate suspended under this   428          

                                                          10     


                                                                 
division after that demonstration and after the individual has     429          

entered into a written consent agreement.                          430          

      When the impaired practitioner resumes practice, the board   432          

shall require continued monitoring of the individual.  The         434          

monitoring shall include, but not be limited to, compliance with   436          

the written consent agreement entered into before reinstatement    437          

or with conditions imposed by board order after a hearing, and,    438          

upon termination of the consent agreement, submission to the       439          

board for at least two years of annual written progress reports    440          

made under penalty of perjury stating whether the individual has   441          

maintained sobriety.                                               442          

      (27)  A second or subsequent violation of section 4731.66    444          

or 4731.69 of the Revised Code;                                    445          

      (28)  Except as provided in division (N) of this section:    447          

      (a)  Waiving the payment of all or any part of a deductible  450          

or copayment that a patient, pursuant to a health insurance or     451          

health care policy, contract, or plan that covers the              452          

individual's services, otherwise would be required to pay if the   454          

waiver is used as an enticement to a patient or group of patients  455          

to receive health care services from that individual;              456          

      (b)  Advertising that the individual will waive the payment  459          

of all or any part of a deductible or copayment that a patient,    460          

pursuant to a health insurance or health care policy, contract,    461          

or plan that covers the individual's services, otherwise would be  463          

required to pay.                                                                

      (29)  Failure to use universal blood and body fluid          465          

precautions established by rules adopted under section 4731.051    466          

of the Revised Code;                                               467          

      (30)  Failure of a collaborating physician to fulfill the    470          

responsibilities agreed to by the physician and an advanced        471          

practice nurse participating in a pilot program under section      473          

4723.52 of the Revised Code;                                                    

      (31)  Failure to provide notice to, and receive              475          

acknowledgment of the notice from, a patient when required by      477          

                                                          11     


                                                                 
section 4731.143 of the Revised Code prior to providing            478          

nonemergency professional services, or failure to maintain that    479          

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         481          

assistant to maintain supervision in accordance with the           482          

requirements of Chapter 4730. of the Revised Code and the rules    483          

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to enter into a   486          

standard care arrangement with a clinical nurse specialist,        487          

certified nurse-midwife, or certified nurse practitioner with      488          

whom the physician or podiatrist is in collaboration pursuant to   489          

section 4731.27 of the Revised Code or failure to fulfill the      490          

responsibilities of collaboration after entering into a standard   491          

care arrangement;                                                  492          

      (34)  Failure to comply with the terms of a consult          494          

agreement entered into with a pharmacist pursuant to section       495          

4729.39 of the Revised Code;                                       496          

      (35)  Failure to cooperate in an investigation conducted by  498          

the board under division (F) of this section, including failure    500          

to comply with a subpoena or order issued by the board or failure  501          

to answer truthfully a question presented by the board at a        502          

deposition or in written interrogatories, except that failure to   503          

cooperate with an investigation shall not constitute grounds for   504          

discipline under this section if a court of competent              505          

jurisdiction has issued an order that either quashes a subpoena    506          

or permits the individual to withhold the testimony or evidence    507          

in issue;                                                                       

      (36)  FAILURE TO SUPERVISE AN ANESTHESIOLOGIST ASSISTANT IN  509          

ACCORDANCE WITH CHAPTER 4760. OF THE REVISED CODE AND THE BOARD'S  510          

RULES FOR SUPERVISION OF AN ANESTHESIOLOGIST ASSISTANT.            511          

      (C)  Disciplinary actions taken by the board under           513          

divisions (A) and (B) of this section shall be taken pursuant to   514          

an adjudication under Chapter 119. of the Revised Code, except     515          

that in lieu of an adjudication, the board may enter into a        516          

                                                          12     


                                                                 
consent agreement with an individual to resolve an allegation of   517          

a violation of this chapter or any rule adopted under it.  A       518          

consent agreement, when ratified by an affirmative vote of not     519          

fewer than six members of the board, shall constitute the          520          

findings and order of the board with respect to the matter         521          

addressed in the agreement.  If the board refuses to ratify a      522          

consent agreement, the admissions and findings contained in the    523          

consent agreement shall be of no force or effect.                  524          

      (D)  For purposes of divisions (B)(10), (12), and (14) of    526          

this section, the commission of the act may be established by a    527          

finding by the board, pursuant to an adjudication under Chapter    529          

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

The board does not have jurisdiction under those divisions if the  532          

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

and that judgment is based upon an adjudication on the merits.     535          

The board has jurisdiction under those divisions if the trial      536          

court issues an order of dismissal upon technical or procedural    537          

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    539          

have no effect upon a prior board order entered under this         540          

section or upon the board's jurisdiction to take action under      541          

this section if, based upon a plea of guilty, a judicial finding   542          

of guilt, or a judicial finding of eligibility for treatment in    543          

lieu of conviction, the board issued a notice of opportunity for   544          

a hearing prior to the court's order to seal the records.  The     545          

board shall not be required to seal, destroy, redact, or           546          

otherwise modify its records to reflect the court's sealing of     547          

conviction records.                                                548          

      (F)(1)  The board shall investigate evidence that appears    550          

to show that a person has violated any provision of this chapter   552          

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  554          

appears to show a violation of any provision of this chapter or    555          

any rule adopted under it.  In the absence of bad faith, any       557          

                                                          13     


                                                                 
person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  559          

of the Revised Code shall not be liable in damages in a civil      560          

action as a result of the report or testimony.  Each complaint or  562          

allegation of a violation received by the board shall be assigned  563          

a case number and shall be recorded by the board.                  564          

      (2)  Investigations of alleged violations of this chapter    566          

or any rule adopted under it shall be supervised by the            568          

supervising member elected by the board in accordance with         569          

section 4731.02 of the Revised Code and by the secretary as        570          

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         572          

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         574          

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   577          

or any rule adopted under this chapter, the board may administer   579          

oaths, order the taking of depositions, issue subpoenas, and       580          

compel the attendance of witnesses and production of books,        581          

accounts, papers, records, documents, and testimony, except that   582          

a subpoena for patient record information shall not be issued      583          

without consultation with the attorney general's office and        584          

approval of the secretary and supervising member of the board.     586          

Before issuance of a subpoena for patient record information, the  587          

secretary and supervising member shall determine whether there is  590          

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    591          

the records sought are relevant to the alleged violation and       593          

material to the investigation.  The subpoena may apply only to     594          

records that cover a reasonable period of time surrounding the     595          

alleged violation.                                                 596          

      On failure to comply with any subpoena issued by the board   599          

and after reasonable notice to the person being subpoenaed, the    600          

board may move for an order compelling the production of persons   601          

                                                          14     


                                                                 
or records pursuant to the Rules of Civil Procedure.               602          

      A subpoena issued by the board may be served by a sheriff,   604          

the sheriff's deputy, or a board employee designated by the        605          

board.  Service of a subpoena issued by the board may be made by   607          

delivering a copy of the subpoena to the person named therein,     608          

reading it to the person, or leaving it at the person's usual      609          

place of residence.  When the person being served is a person      610          

whose practice is authorized by this chapter, service of the       611          

subpoena may be made by certified mail, restricted delivery,       612          

return receipt requested, and the subpoena shall be deemed served  613          

on the date delivery is made or the date the person refuses to     614          

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   616          

same fees as a sheriff.  Each witness who appears before the       618          

board in obedience to a subpoena shall receive the fees and        620          

mileage provided for witnesses in civil cases in the courts of     621          

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   623          

considered civil actions for the purposes of section 2305.251 of   624          

the Revised Code.                                                  625          

      (5)  Information received by the board pursuant to an        627          

investigation is confidential and not subject to discovery in any  628          

civil action.                                                      629          

      The board shall conduct all investigations and proceedings   631          

in a manner that protects the confidentiality of patients and      633          

persons who file complaints with the board.  The board shall not   635          

make public the names or any other identifying information about   636          

patients or complainants unless proper consent is given or, in     637          

the case of a patient, a waiver of the patient privilege exists    638          

under division (B) of section 2317.02 of the Revised Code, except  639          

that consent or a waiver of that nature is not required if the     640          

board possesses reliable and substantial evidence that no bona     642          

fide physician-patient relationship exists.                        643          

      The board may share any information it receives pursuant to  646          

                                                          15     


                                                                 
an investigation, including patient records and patient record     647          

information, with other licensing boards and governmental          648          

agencies that are investigating alleged professional misconduct    649          

and with law enforcement agencies and other governmental agencies  651          

that are investigating or prosecuting alleged criminal offenses.                

A board or agency that receives the information shall comply with  652          

the same requirements regarding confidentiality as those with      653          

which the state medical board must comply, notwithstanding any     654          

conflicting provision of the Revised Code or procedure of the      656          

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

with other information in its possession.  The information may be  658          

admitted into evidence in a criminal trial in accordance with the  659          

Rules of Evidence, but the court shall require that appropriate    660          

measures are taken to ensure that confidentiality is maintained    661          

with respect to any part of the information that contains names    662          

or other identifying information about patients or complainants                 

whose confidentiality was protected by the state medical board     663          

when the information was in the board's possession.  Measures to   664          

ensure confidentiality that may be taken by the court include      665          

sealing its records or deleting specific information from its      667          

records.                                                                        

      (6)  On a quarterly basis, the board shall prepare a report  669          

that documents the disposition of all cases during the preceding   670          

three months.  The report shall contain the following information  671          

for each case with which the board has completed its activities:   672          

      (a)  The case number assigned to the complaint or alleged    674          

violation;                                                         675          

      (b)  The type of certificate to practice, if any, held by    678          

the individual against whom the complaint is directed;             679          

      (c)  A description of the allegations contained in the       681          

complaint;                                                         682          

      (d)  The disposition of the case.                            684          

      The report shall state how many cases are still pending and  687          

shall be prepared in a manner that protects the identity of each   689          

                                                          16     


                                                                 
person involved in each case.  The report shall be a public        690          

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  692          

there is clear and convincing evidence that an individual has      694          

violated division (B) of this section and that the individual's    695          

continued practice presents a danger of immediate and serious      696          

harm to the public, they may recommend that the board suspend the  697          

individual's certificate to practice without a prior hearing.      698          

Written allegations shall be prepared for consideration by the                  

board.                                                             699          

      The board, upon review of those allegations and by an        701          

affirmative vote of not fewer than six of its members, excluding   703          

the secretary and supervising member, may suspend a certificate    704          

without a prior hearing.  A telephone conference call may be       705          

utilized for reviewing the allegations and taking the vote on the  706          

summary suspension.                                                707          

      The board shall issue a written order of suspension by       709          

certified mail or in person in accordance with section 119.07 of   710          

the Revised Code.  The order shall not be subject to suspension    712          

by the court during pendency of any appeal filed under section     713          

119.12 of the Revised Code.  If the individual subject to the      715          

summary suspension requests an adjudicatory hearing by the board,  716          

the date set for the hearing shall be within fifteen days, but     717          

not earlier than seven days, after the individual requests the     719          

hearing, unless otherwise agreed to by both the board and the      720          

individual.                                                                     

      Any summary suspension imposed under this division shall     722          

remain in effect, unless reversed on appeal, until a final         723          

adjudicative order issued by the board pursuant to this section    724          

and Chapter 119. of the Revised Code becomes effective.  The       725          

board shall issue its final adjudicative order within sixty days   726          

after completion of its hearing.  A failure to issue the order     727          

within sixty days shall result in dissolution of the summary       728          

suspension order but shall not invalidate any subsequent, final    729          

                                                          17     


                                                                 
adjudicative order.                                                730          

      (H)  If the board takes action under division (B)(9), (11),  733          

or (13) of this section and the judicial finding of guilt, guilty  734          

plea, or judicial finding of eligibility for treatment in lieu of  735          

conviction is overturned on appeal, upon exhaustion of the         737          

criminal appeal, a petition for reconsideration of the order may   738          

be filed with the board along with appropriate court documents.    739          

Upon receipt of a petition of that nature and supporting court     740          

documents, the board shall reinstate the individual's certificate  741          

to practice.  The board may then hold an adjudication under        742          

Chapter 119. of the Revised Code to determine whether the          743          

individual committed the act in question.  Notice of an            744          

opportunity for a hearing shall be given in accordance with        745          

Chapter 119. of the Revised Code.  If the board finds, pursuant    746          

to an adjudication held under this division, that the individual   747          

committed the act or if no hearing is requested, the board may     749          

order any of the sanctions identified under division (B) of this   750          

section.                                                                        

      (I)  The certificate to practice issued to an individual     752          

under this chapter and the individual's practice in this state     754          

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      756          

subject to a judicial finding of eligibility for intervention in   757          

lieu of conviction in this state or treatment or intervention in   758          

lieu of conviction in another state for any of the following       759          

criminal offenses in this state or a substantially equivalent      761          

criminal offense in another jurisdiction: aggravated murder,       762          

murder, voluntary manslaughter, felonious assault, kidnapping,     763          

rape, sexual battery, gross sexual imposition, aggravated arson,   764          

aggravated robbery, or aggravated burglary.  Continued practice    766          

after suspension shall be considered practicing without a          767          

certificate.                                                                    

      The board shall notify the individual subject to the         770          

suspension by certified mail or in person in accordance with       771          

                                                          18     


                                                                 
section 119.07 of the Revised Code.  If an individual whose        772          

certificate is suspended under this division fails to make a       773          

timely request for an adjudication under Chapter 119. of the       774          

Revised Code, the board shall enter a final order permanently      775          

revoking the individual's certificate to practice.                 776          

      (J)  If the board is required by Chapter 119. of the         779          

Revised Code to give notice of an opportunity for a hearing and    780          

if the individual subject to the notice does not timely request a  781          

hearing in accordance with section 119.07 of the Revised Code,     783          

the board is not required to hold a hearing, but may adopt, by an  784          

affirmative vote of not fewer than six of its members, a final     786          

order that contains the board's findings.  In that final order,    787          

the board may order any of the sanctions identified under          788          

division (A) or (B) of this section.                               789          

      (K)  Any action taken by the board under division (B) of     791          

this section resulting in a suspension from practice shall be      792          

accompanied by a written statement of the conditions under which   793          

the individual's certificate to practice may be reinstated.  The   795          

board shall adopt rules governing conditions to be imposed for     796          

reinstatement.  Reinstatement of a certificate suspended pursuant  797          

to division (B) of this section requires an affirmative vote of    798          

not fewer than six members of the board.                           799          

      (L)  When the board refuses to grant a certificate to an     802          

applicant, revokes an individual's certificate to practice,        804          

refuses to register an applicant, or refuses to reinstate an       805          

individual's certificate to practice, the board may specify that   806          

its action is permanent.  An individual subject to a permanent     807          

action taken by the board is forever thereafter ineligible to      808          

hold a certificate to practice and the board shall not accept an   809          

application for reinstatement of the certificate or for issuance   810          

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      812          

Code, all of the following apply:                                  813          

      (1)  The surrender of a certificate issued under this        815          

                                                          19     


                                                                 
chapter shall not be effective unless or until accepted by the     817          

board.  Reinstatement of a certificate surrendered to the board    818          

requires an affirmative vote of not fewer than six members of the  819          

board.                                                                          

      (2)  An application for a certificate made under the         822          

provisions of this chapter may not be withdrawn without approval   824          

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      827          

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     829          

under this section against the individual.                         830          

      (N)  Sanctions shall not be imposed under division (B)(28)   833          

of this section against any person who waives deductibles and      834          

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         836          

expressly allows such a practice.  Waiver of the deductibles or    837          

copayments shall be made only with the full knowledge and consent  838          

of the plan purchaser, payer, and third-party administrator.       839          

Documentation of the consent shall be made available to the board  840          

upon request.                                                                   

      (2)  For professional services rendered to any other person  842          

authorized to practice pursuant to this chapter, to the extent     844          

allowed by this chapter and rules adopted by the board.            845          

      (O)  Under the board's investigative duties described in     847          

this section and subject to division (F) of this section, the      848          

board shall develop and implement a quality intervention program   850          

designed to improve through remedial education the clinical and    852          

communication skills of individuals authorized under this chapter  853          

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry.  In developing and implementing the         855          

quality intervention program, the board may do all of the          856          

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   858          

an educational and assessment program pursuant to an               859          

                                                          20     


                                                                 
investigation the board conducts under this section;               860          

      (2)  Select providers of educational and assessment          862          

services, including a quality intervention program panel of case   863          

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    866          

providers and approve individual educational programs recommended  867          

by those providers.  The board shall monitor the progress of each  868          

individual undertaking a recommended individual educational        869          

program.                                                           870          

      (4)  Determine what constitutes successful completion of an  872          

individual educational program and require further monitoring of   873          

the individual who completed the program or other action that the  875          

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      877          

Revised Code to further implement the quality intervention         879          

program.                                                                        

      An individual who participates in an individual educational  882          

program pursuant to this division shall pay the financial          883          

obligations arising from that educational program.                 884          

      Sec. 4731.224.  (A)  Within sixty days after the imposition  894          

of any formal disciplinary action taken by any health care         895          

facility, including a hospital, health care facility operated by   896          

a health insuring corporation, ambulatory surgical center, or      897          

similar facility, against any individual holding a valid           899          

certificate to practice issued pursuant to this chapter, the       900          

chief administrator or executive officer of the facility shall     901          

report to the state medical board the name of the individual, the  903          

action taken by the facility, and a summary of the underlying      904          

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

be provided certified copies of the patient records that were the  906          

basis for the facility's action.  Prior to release to the board,   907          

the summary shall be approved by the peer review committee that    908          

reviewed the case or by the governing board of the facility.  As   910          

used in this division, "formal disciplinary action" means any      911          

                                                          21     


                                                                 
action resulting in the revocation, restriction, reduction, or     913          

termination of clinical privileges for violations of professional  914          

ethics, or for reasons of medical incompetence, medical            915          

malpractice, or drug or alcohol abuse.  "Formal disciplinary       916          

action" includes a summary action, an action that takes effect     917          

notwithstanding any appeal rights that may exist, and an action    918          

that results in an individual surrendering clinical privileges     919          

while under investigation and during proceedings regarding the     920          

action being taken or in return for not being investigated or      921          

having proceedings held.  "Formal disciplinary action" does not    922          

include any action taken for the sole reason of failure to         924          

maintain records on a timely basis or failure to attend staff or   925          

section meetings.                                                               

      The filing or nonfiling of a report with the board,          927          

investigation by the board, or any disciplinary action taken by    928          

the board, shall not preclude any action by a health care          929          

facility to suspend, restrict, or revoke the individual's          931          

clinical privileges.                                                            

      In the absence of fraud or bad faith, no individual or       933          

entity that provides patient records to the board shall be liable  934          

in damages to any person as a result of providing the records.     935          

      (B)  If any individual authorized to practice under this     938          

chapter or any professional association or society of such         939          

individuals believes that a violation of any provision of this     940          

chapter, Chapter 4730. OR 4760. of the Revised Code, or any rule   941          

of the board has occurred, the individual, association, or         943          

society shall report to the board the information upon which the   945          

belief is based.  This division does not require any treatment                  

provider approved by the board under section 4731.25 of the        947          

Revised Code or any employee, agent, or representative of such a   948          

provider to make reports with respect to an impaired practitioner  949          

participating in treatment or aftercare for substance abuse as     950          

long as the practitioner maintains participation in accordance     951          

with the requirements of section 4731.25 of the Revised Code, and  952          

                                                          22     


                                                                 
as long as the treatment provider or employee, agent, or           954          

representative of the provider has no reason to believe that the   955          

practitioner has violated any provision of this chapter or any     956          

rule adopted under it, other than the provisions of division       957          

(B)(26) of section 4731.22 of the Revised Code.  This division     958          

does not require reporting by any member of an impaired            959          

practitioner committee established by a health care facility or    960          

by any representative or agent of a committee or program           961          

sponsored by a professional association or society of individuals  963          

authorized to practice under this chapter to provide peer          964          

assistance to practitioners with substance abuse problems with     965          

respect to a practitioner who has been referred for examination    966          

to a treatment program approved by the board under section         967          

4731.25 of the Revised Code if the practitioner cooperates with    968          

the referral for examination and with any determination that the   969          

practitioner should enter treatment and as long as the committee   971          

member, representative, or agent has no reason to believe that     972          

the practitioner has ceased to participate in the treatment        973          

program in accordance with section 4731.25 of the Revised Code or  974          

has violated any provision of this chapter or any rule adopted     976          

under it, other than the provisions of division (B)(26) of         978          

section 4731.22 of the Revised Code.                                            

      (C)  Any professional association or society composed        980          

primarily of doctors of medicine and surgery, doctors of           982          

osteopathic medicine and surgery, doctors of podiatry, or          983          

practitioners of limited branches of medicine that suspends or     984          

revokes an individual's membership for violations of professional  986          

ethics, or for reasons of professional incompetence or             987          

professional malpractice, within sixty days after a final          988          

decision shall report to the board, on forms prescribed and        989          

provided by the board, the name of the individual, the action      990          

taken by the professional organization, and a summary of the       991          

underlying facts leading to the action taken.                      992          

      The filing of a report with the board or decision not to     994          

                                                          23     


                                                                 
file a report, investigation by the board, or any disciplinary     995          

action taken by the board, does not preclude a professional        996          

organization from taking disciplinary action against an            997          

individual.                                                                     

      (D)  Any insurer providing professional liability insurance  999          

to an individual authorized to practice under this chapter, or     1,001        

any other entity that seeks to indemnify the professional          1,002        

liability of such an individual, shall notify the board within     1,003        

thirty days after the final disposition of any written claim for   1,004        

damages where such disposition results in a payment exceeding      1,005        

twenty-five thousand dollars.  The notice shall contain the        1,006        

following information:                                             1,007        

      (1)  The name and address of the person submitting the       1,009        

notification;                                                      1,010        

      (2)  The name and address of the insured who is the subject  1,012        

of the claim;                                                      1,013        

      (3)  The name of the person filing the written claim;        1,015        

      (4)  The date of final disposition;                          1,017        

      (5)  If applicable, the identity of the court in which the   1,019        

final disposition of the claim took place.                         1,020        

      (E)  The board may investigate possible violations of this   1,022        

chapter or the rules adopted under it that are brought to its      1,023        

attention as a result of the reporting requirements of this        1,026        

section, except that the board shall conduct an investigation if   1,027        

a possible violation involves repeated malpractice.  As used in    1,029        

this division, "repeated malpractice" means three or more claims   1,030        

for medical malpractice within the previous five-year period,      1,031        

each resulting in a judgment or settlement in excess of                         

twenty-five thousand dollars in favor of the claimant, and each    1,032        

involving negligent conduct by the practicing individual.          1,034        

      (F)  All summaries, reports, and records received and        1,036        

maintained by the board pursuant to this section shall be held in  1,037        

confidence and shall not be subject to discovery or introduction   1,038        

in evidence in any federal or state civil action involving a       1,039        

                                                          24     


                                                                 
health care professional or facility arising out of matters that   1,041        

are the subject of the reporting required by this section.  The    1,042        

board may use the information obtained only as the basis for an    1,043        

investigation, as evidence in a disciplinary hearing against an    1,044        

individual whose practice is regulated under this chapter, or in   1,045        

any subsequent trial or appeal of a board action or order.         1,047        

      The board may disclose the summaries and reports it          1,050        

receives under this section only to health care facility           1,051        

committees within or outside this state that are involved in       1,052        

credentialing or recredentialing the individual or in reviewing    1,053        

the individual's clinical privileges.  The board shall indicate    1,054        

whether or not the information has been verified.  Information     1,055        

transmitted by the board shall be subject to the same              1,056        

confidentiality provisions as when maintained by the board.        1,057        

      (G)  Except for reports filed by an individual pursuant to   1,060        

division (B) of this section, the board shall send a copy of any   1,061        

reports or summaries it receives pursuant to this section to the   1,062        

individual who is the subject of the reports or summaries.  The    1,064        

individual shall have the right to file a statement with the       1,065        

board concerning the correctness or relevance of the information.  1,066        

The statement shall at all times accompany that part of the        1,067        

record in contention.                                              1,068        

      (H)  An individual or entity that, pursuant to this          1,071        

section, reports to the board or refers an impaired practitioner   1,072        

to a treatment provider approved by the board under section        1,073        

4731.25 of the Revised Code shall not be subject to suit for       1,074        

civil damages as a result of the report, referral, or provision    1,076        

of the information.                                                             

      (I)  In the absence of fraud or bad faith, no professional   1,078        

association or society of individuals authorized to practice       1,079        

under this chapter that sponsors a committee or program to         1,081        

provide peer assistance to practitioners with substance abuse      1,082        

problems, no representative or agent of such a committee or        1,083        

program, and no member of the state medical board shall be held    1,084        

                                                          25     


                                                                 
liable in damages to any person by reason of actions taken to      1,085        

refer a practitioner to a treatment provider approved under        1,086        

section 4731.25 of the Revised Code for examination or treatment.  1,087        

      Sec. 4731.24.  Except as provided in sections 4731.281 and   1,097        

4731.40 of the Revised Code, all receipts of the state medical     1,098        

board, from any source, shall be deposited in the state treasury.  1,099        

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

the occupational licensing and regulatory fund.  On and after      1,101        

July 1, 1998, the funds shall be deposited to the credit of the    1,102        

state medical board operating fund, which is hereby created on     1,103        

July 1, 1998.  All funds deposited into the state treasury under   1,104        

this section shall be used solely for the administration and       1,105        

enforcement of this chapter and Chapter CHAPTERS 4730. AND 4760.   1,107        

of the Revised Code by the board.                                               

      Sec. 4731.25.  The state medical board, in accordance with   1,116        

Chapter 119. of the Revised Code, shall adopt and may amend and    1,117        

rescind rules establishing standards for approval of physicians    1,118        

and facilities as treatment providers for impaired practitioners   1,119        

who are regulated under this chapter or Chapter 4730. OR 4760. of  1,121        

the Revised Code.  The rules shall include standards for both      1,122        

inpatient and outpatient treatment.  The rules shall provide that  1,123        

in order to be approved, a treatment provider must have the        1,124        

capability of making an initial examination to determine what      1,125        

type of treatment an impaired practitioner requires.  Subject to   1,126        

the rules, the board shall review and approve treatment providers  1,127        

on a regular basis.  The board, at its discretion, may withdraw    1,128        

or deny approval subject to the rules.                             1,129        

      An approved impaired practitioner treatment provider shall:  1,131        

      (A)  Report to the board the name of any practitioner        1,133        

suffering or showing evidence of suffering impairment as           1,134        

described in division (B)(5) of section 4730.25 of the Revised     1,136        

Code or, division (B)(26) of section 4731.22 of the Revised Code,  1,138        

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

fails to comply within one week with a referral for examination;   1,140        

                                                          26     


                                                                 
      (B)  Report to the board the name of any impaired            1,142        

practitioner who fails to enter treatment within forty-eight       1,143        

hours following the provider's determination that the              1,144        

practitioner needs treatment;                                      1,145        

      (C)  Require every practitioner who enters treatment to      1,147        

agree to a treatment contract establishing the terms of treatment  1,148        

and aftercare, including any required supervision or restrictions  1,149        

of practice during treatment or aftercare;                         1,150        

      (D)  Require a practitioner to suspend practice upon entry   1,152        

into any required inpatient treatment;                             1,153        

      (E)  Report to the board any failure by an impaired          1,155        

practitioner to comply with the terms of the treatment contract    1,156        

during inpatient or outpatient treatment or aftercare;             1,157        

      (F)  Report to the board the resumption of practice of any   1,159        

impaired practitioner before the treatment provider has made a     1,160        

clear determination that the practitioner is capable of            1,161        

practicing according to acceptable and prevailing standards of     1,162        

care;                                                              1,163        

      (G)  Require a practitioner who resumes practice after       1,165        

completion of treatment to comply with an aftercare contract that  1,166        

meets the requirements of rules adopted by the board for approval  1,167        

of treatment providers;                                            1,168        

      (H)  Report the identity of any practitioner practicing      1,170        

under the terms of an aftercare contract to hospital               1,171        

administrators, medical chiefs of staff, and chairpersons of       1,172        

impaired practitioner committees of all health care institutions   1,174        

at which the practitioner holds clinical privileges or otherwise   1,175        

practices.  If the practitioner does not hold clinical privileges  1,177        

at any health care institution, the treatment provider shall       1,178        

report the practitioner's identity to the impaired practitioner    1,179        

committee of the county medical society, osteopathic academy, or   1,180        

podiatric medical association in every county in which the         1,181        

practitioner practices.  If there are no impaired practitioner     1,182        

committees in the county, the treatment provider shall report the  1,184        

                                                          27     


                                                                 
practitioner's identity to the president or other designated       1,185        

member of the county medical society, osteopathic academy, or      1,186        

podiatric medical association.                                     1,187        

      (I)  Report to the board the identity of any practitioner    1,189        

who suffers a relapse at any time during or following aftercare.   1,190        

      Any individual authorized to practice under this chapter     1,193        

who enters into treatment by an approved treatment provider shall  1,194        

be deemed to have waived any confidentiality requirements that     1,195        

would otherwise prevent the treatment provider from making         1,196        

reports required under this section.                               1,197        

      In the absence of fraud or bad faith, no person or           1,199        

organization that conducts an approved impaired practitioner       1,200        

treatment program, no member of such an organization, and no       1,202        

employee, representative, or agent of the treatment provider       1,203        

shall be held liable in damages to any person by reason of         1,204        

actions taken or recommendations made by the treatment provider    1,205        

or its employees, representatives, or agents.                                   

      Sec. 4731.35.  (A)  Sections 4731.01 to 4731.47 of the       1,214        

Revised Code shall not apply to or prohibit in any way the         1,216        

administration of an anaesthetic ANESTHETIC by a certified         1,218        

registered nurse anesthetist under the direction of and in the     1,219        

immediate presence of a licensed physician.                        1,221        

      (B)  THIS CHAPTER DOES NOT PROHIBIT AN INDIVIDUAL FROM       1,223        

PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH     1,224        

CHAPTER 4760. OF THE REVISED CODE.                                 1,225        

      Sec. 4760.01.  AS USED IN THIS CHAPTER:                      1,227        

      (A)  "ANESTHESIOLOGIST ASSISTANT" MEANS AN INDIVIDUAL WHO    1,229        

ASSISTS AN ANESTHESIOLOGIST IN DEVELOPING AND IMPLEMENTING         1,231        

ANESTHESIA CARE PLANS FOR PATIENTS.                                1,232        

      (B)  "ANESTHESIOLOGIST" MEANS A PHYSICIAN WHO HAS            1,234        

SUCCESSFULLY COMPLETED AN APPROVED ANESTHESIOLOGY TRAINING         1,236        

PROGRAM, AS SPECIFIED IN THE ACCREDITATION REQUIREMENTS THAT MUST               

BE MET TO QUALIFY AS GRADUATE MEDICAL EDUCATION UNDER SECTION      1,237        

4731.091 OF THE REVISED CODE.                                      1,238        

                                                          28     


                                                                 
      (C)  "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01   1,240        

OF THE REVISED CODE.                                               1,241        

      (D)  "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER        1,244        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND                      

SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.                       1,245        

      Sec. 4760.02.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,247        

THIS SECTION, NO PERSON SHALL PRACTICE AS AN ANESTHESIOLOGIST      1,248        

ASSISTANT UNLESS THE PERSON HOLDS A CURRENT, VALID CERTIFICATE OF  1,249        

REGISTRATION ISSUED UNDER THIS CHAPTER TO PRACTICE AS AN           1,250        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO EITHER   1,253        

OF THE FOLLOWING:                                                               

      (1)  A PERSON PARTICIPATING IN A TRAINING PROGRAM LEADING    1,255        

TOWARD CERTIFICATION BY THE NATIONAL COMMISSION FOR CERTIFICATION  1,257        

OF ANESTHESIOLOGIST ASSISTANTS, AS LONG AS THE PERSON IS           1,258        

SUPERVISED BY AN ANESTHESIOLOGIST, A HOSPITAL RESIDENT PREPARING   1,259        

TO PRACTICE AS AN ANESTHESIOLOGIST, OR AN ANESTHESIOLOGIST         1,260        

ASSISTANT WHO HOLDS A CURRENT, VALID CERTIFICATE OF REGISTRATION   1,261        

ISSUED UNDER THIS CHAPTER;                                                      

      (2)  ANY PERSON WHO OTHERWISE HOLDS PROFESSIONAL AUTHORITY   1,263        

GRANTED PURSUANT TO THE REVISED CODE TO PERFORM ANY OF THE         1,264        

ACTIVITIES THAT AN ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO     1,265        

PERFORM.                                                                        

      Sec. 4760.03.  (A)  AN INDIVIDUAL SEEKING A CERTIFICATE OF   1,267        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL FILE WITH THE  1,268        

STATE MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED     1,270        

AND SUPPLIED BY THE BOARD.  THE APPLICATION SHALL INCLUDE ALL OF   1,271        

THE FOLLOWING INFORMATION:                                                      

      (1)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,273        

IS AT LEAST TWENTY-ONE YEARS OF AGE AND OF GOOD MORAL CHARACTER;   1,274        

      (2)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,276        

HAS SUCCESSFULLY COMPLETED THE TRAINING NECESSARY TO PREPARE       1,279        

INDIVIDUALS TO PRACTICE AS ANESTHESIOLOGIST ASSISTANTS, AS         1,280        

SPECIFIED IN SECTION 4760.031 OF THE REVISED CODE;                              

                                                          29     


                                                                 
      (3)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,282        

HOLDS CURRENT CERTIFICATION FROM THE NATIONAL COMMISSION FOR       1,284        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS AND THAT THE          1,286        

REQUIREMENTS FOR RECEIVING THE CERTIFICATION INCLUDED PASSAGE OF   1,287        

AN EXAMINATION TO DETERMINE THE INDIVIDUAL'S COMPETENCE TO         1,289        

PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT;                         1,290        

      (4)  ANY OTHER INFORMATION THE BOARD CONSIDERS NECESSARY TO  1,292        

PROCESS THE APPLICATION AND EVALUATE THE APPLICANT'S               1,293        

QUALIFICATIONS.                                                                 

      (B)  AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF  1,295        

REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE       1,297        

HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED.               1,298        

      (C)  THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER  1,300        

THIS SECTION.  NOT LATER THAN SIXTY DAYS AFTER RECEIVING A         1,301        

COMPLETE APPLICATION, THE BOARD SHALL DETERMINE WHETHER AN         1,303        

APPLICANT MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF       1,305        

REGISTRATION.  THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS  1,308        

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

REQUIREMENTS FOR A CERTIFICATE.  THE BOARD SHALL NOT ISSUE A       1,310        

CERTIFICATE OF REGISTRATION TO AN APPLICANT UNLESS THE APPLICANT   1,311        

IS CERTIFIED BY THE NATIONAL COMMISSION FOR CERTIFICATION OF       1,313        

ANESTHESIOLOGIST ASSISTANTS OR A SUCCESSOR ORGANIZATION THAT IS    1,314        

RECOGNIZED BY THE BOARD.                                           1,315        

      Sec. 4760.031.  AS A CONDITION OF BEING ELIGIBLE TO RECEIVE  1,317        

A CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT,    1,318        

AN INDIVIDUAL MUST SUCCESSFULLY COMPLETE THE FOLLOWING TRAINING    1,319        

REQUIREMENTS:                                                      1,320        

      (A)  A BACCALAUREATE OR HIGHER DEGREE PROGRAM AT AN          1,322        

INSTITUTION OF HIGHER EDUCATION ACCREDITED BY AN ORGANIZATION      1,323        

RECOGNIZED BY THE BOARD OF REGENTS.  THE PROGRAM MUST HAVE         1,324        

INCLUDED COURSES IN THE FOLLOWING AREAS OF STUDY:                  1,325        

      (1)  GENERAL BIOLOGY;                                        1,327        

      (2)  GENERAL CHEMISTRY;                                      1,329        

      (3)  ORGANIC CHEMISTRY;                                      1,331        

                                                          30     


                                                                 
      (4)  PHYSICS;                                                1,333        

      (5)  CALCULUS.                                               1,335        

      (B)  A TRAINING PROGRAM CONDUCTED FOR THE PURPOSE OF         1,337        

PREPARING INDIVIDUALS TO PRACTICE AS ANESTHESIOLOGIST ASSISTANTS.  1,338        

IF THE PROGRAM WAS COMPLETED PRIOR TO THE EFFECTIVE DATE OF THIS   1,339        

SECTION, THE PROGRAM MUST HAVE BEEN COMPLETED AT CASE WESTERN      1,340        

RESERVE UNIVERSITY OR EMORY UNIVERSITY IN ATLANTA, GEORGIA.  IF    1,341        

THE PROGRAM IS COMPLETED ON OR AFTER THE EFFECTIVE DATE OF THIS    1,342        

SECTION, THE PROGRAM MUST BE A GRADUATE-LEVEL PROGRAM ACCREDITED   1,343        

BY THE COMMISSION ON ACCREDITATION OF ALLIED HEALTH EDUCATION      1,345        

PROGRAMS OR ANY OF THE COMMISSION'S SUCCESSOR ORGANIZATIONS.  IN   1,347        

EITHER CASE, THE TRAINING PROGRAM MUST HAVE INCLUDED AT LEAST ALL  1,348        

OF THE FOLLOWING COMPONENTS:                                                    

      (1)  BASIC SCIENCES OF ANESTHESIA:  PHYSIOLOGY,              1,350        

PATHOPHYSIOLOGY, ANATOMY, AND BIOCHEMISTRY.  THE COURSES MUST BE   1,351        

PRESENTED AS A CONTINUUM OF DIDACTIC COURSES DESIGNED TO TEACH     1,352        

STUDENTS THE FOUNDATIONS OF HUMAN BIOLOGICAL EXISTENCE ON WHICH    1,353        

CLINICAL CORRELATIONS TO ANESTHESIA PRACTICE ARE BASED.            1,354        

      (2)  PHARMACOLOGY FOR THE ANESTHETIC SCIENCES.  THE COURSE   1,356        

MUST INCLUDE INSTRUCTION IN THE ANESTHETIC PRINCIPLES OF           1,357        

PHARMACOLOGY, PHARMACODYNAMICS, PHARMACOKINETICS, UPTAKE AND       1,358        

DISTRIBUTION, INTRAVENOUS ANESTHETICS AND NARCOTICS, AND VOLATILE  1,359        

ANESTHETICS.                                                                    

      (3)  PHYSICS IN ANESTHESIA.                                  1,361        

      (4)  FUNDAMENTALS OF ANESTHETIC SCIENCES, PRESENTED AS A     1,363        

CONTINUUM OF COURSES COVERING A SERIES OF TOPICS IN BASIC MEDICAL  1,364        

SCIENCES WITH SPECIAL EMPHASIS ON THE EFFECTS OF ANESTHETICS ON    1,365        

NORMAL PHYSIOLOGY AND PATHOPHYSIOLOGY.                             1,366        

      (5)  PATIENT INSTRUMENTATION AND MONITORING, PRESENTED AS A  1,368        

CONTINUUM OF COURSES FOCUSING ON THE DESIGN OF, PROPER             1,369        

PREPARATION OF, AND PROPER METHODS OF RESOLVING PROBLEMS THAT      1,370        

ARISE WITH ANESTHESIA EQUIPMENT.  THE COURSES MUST PROVIDE A       1,371        

BALANCE BETWEEN THE ENGINEERING CONCEPTS USED IN ANESTHESIA        1,372        

INSTRUMENTS AND THE CLINICAL APPLICATION OF ANESTHESIA             1,373        

                                                          31     


                                                                 
INSTRUMENTS.                                                                    

      (6) CLINICALLY-BASED CONFERENCES IN WHICH TECHNIQUES OF      1,375        

ANESTHETIC MANAGEMENT, QUALITY ASSURANCE ISSUES, AND CURRENT       1,376        

PROFESSIONAL LITERATURE ARE REVIEWED FROM THE PERSPECTIVE OF       1,377        

PRACTICE IMPROVEMENT.                                              1,378        

      (7)  CLINICAL EXPERIENCE CONSISTING OF AT LEAST TWO          1,380        

THOUSAND HOURS OF DIRECT PATIENT CONTACT, PRESENTED AS A           1,381        

CONTINUUM OF COURSES THROUGHOUT THE ENTIRETY OF THE PROGRAM,       1,382        

BEGINNING WITH A GRADUAL INTRODUCTION OF THE TECHNIQUES FOR THE    1,383        

ANESTHETIC MANAGEMENT OF PATIENTS AND CULMINATING IN THE           1,384        

ASSIMILATION OF THE GRADUATE OF THE PROGRAM INTO THE WORK FORCE.   1,385        

AREAS OF INSTRUCTION MUST INCLUDE THE FOLLOWING:                   1,386        

      (a)  PREOPERATIVE PATIENT ASSESSMENT;                        1,388        

      (b)  INDWELLING VASCULAR CATHETER PLACEMENT, INCLUDING       1,390        

INTRAVENOUS AND ARTERIAL CATHETERS;                                1,391        

      (c)  AIRWAY MANAGEMENT, INCLUDING MASK AIRWAY AND            1,393        

OROTRACHEAL INTUBATION;                                            1,394        

      (d)  INTRAOPERATIVE CHARTING;                                1,396        

      (e)  ADMINISTRATION AND MAINTENANCE OF ANESTHETIC AGENTS,    1,398        

NARCOTICS, HYPNOTICS, AND MUSCLE RELAXANTS;                        1,399        

      (f)  ADMINISTRATION AND MAINTENANCE OF VOLATILE              1,401        

ANESTHETICS;                                                                    

      (g)  ADMINISTRATION OF BLOOD PRODUCTS AND FLUID THERAPY;     1,403        

      (h)  PATIENT MONITORING;                                     1,405        

      (i)  POSTOPERATIVE MANAGEMENT OF PATIENTS;                   1,407        

      (j)  REGIONAL ANESTHESIA TECHNIQUES;                         1,409        

      (k)  ADMINISTRATION OF VASOACTIVE SUBSTANCES FOR TREATMENT   1,411        

OF UNACCEPTABLE PATIENT HEMODYNAMIC STATUS;                        1,412        

      (l)  SPECIFIC CLINICAL TRAINING IN ALL THE SUBSPECIALTIES    1,414        

OF ANESTHESIA, INCLUDING PEDIATRICS, NEUROSURGERY, CARDIOVASCULAR  1,415        

SURGERY, TRAUMA, OBSTETRICS, ORTHOPEDICS, AND VASCULAR SURGERY.    1,416        

      (8)  BASIC LIFE SUPPORT THAT QUALIFIES THE INDIVIDUAL TO     1,418        

ADMINISTER CARDIOPULMONARY RESUSCITATION TO PATIENTS IN NEED.      1,419        

THE COURSE MUST INCLUDE THE INSTRUCTION NECESSARY TO BE CERTIFIED  1,420        

                                                          32     


                                                                 
IN BASIC LIFE SUPPORT BY THE AMERICAN RED CROSS OR THE AMERICAN    1,421        

HEART ASSOCIATION.                                                 1,422        

      (9)  ADVANCED CARDIAC LIFE SUPPORT THAT QUALIFIES THE        1,424        

INDIVIDUAL TO PARTICIPATE IN THE PHARMACOLOGIC INTERVENTION AND    1,425        

MANAGEMENT RESUSCITATION EFFORTS FOR A PATIENT IN FULL CARDIAC     1,426        

ARREST.  THE COURSE MUST INCLUDE THE INSTRUCTION NECESSARY TO BE   1,427        

CERTIFIED IN ADVANCED CARDIAC LIFE SUPPORT BY THE AMERICAN RED     1,428        

CROSS OR THE AMERICAN HEART ASSOCIATION.                           1,430        

      Sec. 4760.04.  IF THE STATE MEDICAL BOARD DETERMINES UNDER   1,432        

SECTION 4760.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE    1,433        

REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN               1,434        

ANESTHESIOLOGIST ASSISTANT, THE SECRETARY OF THE BOARD SHALL       1,435        

REGISTER THE APPLICANT AS AN ANESTHESIOLOGIST ASSISTANT AND ISSUE  1,436        

TO THE APPLICANT A CERTIFICATE OF REGISTRATION AS AN               1,438        

ANESTHESIOLOGIST ASSISTANT.  THE CERTIFICATE SHALL EXPIRE                       

BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH SECTION 4760.06   1,440        

OF THE REVISED CODE.                                                            

      Sec. 4760.05.  ON APPLICATION BY THE HOLDER OF A             1,442        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE  1,443        

STATE MEDICAL BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO         1,444        

REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE,  1,445        

OR FOR ANY OTHER REASONABLE CAUSE.  THE FEE FOR A DUPLICATE        1,446        

CERTIFICATE IS THIRTY-FIVE DOLLARS.                                             

      Sec. 4760.06.  (A)  A PERSON SEEKING TO RENEW A CERTIFICATE  1,448        

OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL, ON OR      1,449        

BEFORE THE THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED       1,452        

YEAR, APPLY FOR RENEWAL OF THE CERTIFICATE.  THE STATE MEDICAL     1,453        

BOARD SHALL SEND RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE   1,454        

EXPIRATION DATE.                                                   1,455        

      APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE    1,457        

BOARD SHALL PRESCRIBE AND SUPPLY.  EACH APPLICATION SHALL BE       1,458        

ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF ONE HUNDRED DOLLARS.      1,459        

      THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT         1,461        

CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF         1,462        

                                                          33     


                                                                 
REGISTRATION UNDER SECTION 4760.13 OF THE REVISED CODE TO WHICH    1,463        

THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN  1,465        

FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE   1,466        

FOR INTERVENTION IN LIEU OF CONVICTION, SINCE LAST SIGNING AN      1,468        

APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN                1,469        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (B)  TO BE ELIGIBLE FOR RENEWAL, AN ANESTHESIOLOGIST         1,471        

ASSISTANT MUST CERTIFY TO THE BOARD THAT THE ASSISTANT HAS         1,473        

MAINTAINED CERTIFICATION BY THE NATIONAL COMMISSION FOR THE        1,474        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS.                                   

      (C)  IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION  1,476        

AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS         1,478        

SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED          1,479        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT.      1,480        

      (D)  A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON    1,482        

OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS    1,485        

EXPIRATION DATE.  THE BOARD SHALL REINSTATE A CERTIFICATE          1,487        

SUSPENDED FOR FAILURE TO RENEW ON AN APPLICANT'S SUBMISSION OF     1,488        

THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY.                   

THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE        1,489        

CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY     1,491        

DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO    1,492        

YEARS.                                                                          

      Sec. 4760.08.  AN ANESTHESIOLOGIST ASSISTANT SHALL PRACTICE  1,495        

ONLY UNDER THE DIRECT SUPERVISION AND IN THE IMMEDIATE PRESENCE    1,496        

OF A PHYSICIAN WHO IS ACTIVELY AND DIRECTLY ENGAGED IN THE         1,497        

CLINICAL PRACTICE OF MEDICINE AS AN ANESTHESIOLOGIST.  AN          1,498        

ANESTHESIOLOGIST ASSISTANT SHALL NOT PRACTICE IN ANY LOCATION      1,499        

OTHER THAN A HOSPITAL.  AT ALL TIMES WHEN AN ANESTHESIOLOGIST      1,500        

ASSISTANT IS PROVIDING DIRECT PATIENT CARE, THE ANESTHESIOLOGIST   1,501        

ASSISTANT SHALL DISPLAY IN AN APPROPRIATE MANNER THE TITLE         1,502        

"ANESTHESIOLOGIST ASSISTANT" AS A MEANS OF IDENTIFYING THE         1,503        

INDIVIDUAL'S AUTHORITY TO PRACTICE UNDER THIS CHAPTER.                          

      EACH ANESTHESIOLOGIST WHO AGREES TO ACT AS THE SUPERVISING   1,505        

                                                          34     


                                                                 
ANESTHESIOLOGIST OF AN ANESTHESIOLOGIST ASSISTANT SHALL ADOPT A    1,506        

WRITTEN PRACTICE PROTOCOL THAT DELINEATES THE SERVICES THAT THE    1,507        

ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO PROVIDE AND THE        1,508        

MANNER IN WHICH THE ANESTHESIOLOGIST WILL SUPERVISE THE            1,509        

ANESTHESIOLOGIST ASSISTANT.  THE ANESTHESIOLOGIST SHALL BASE THE   1,510        

PROVISIONS OF THE PROTOCOL ON CONSIDERATION OF RELEVANT QUALITY    1,511        

ASSURANCE STANDARDS, INCLUDING REGULAR REVIEW BY THE               1,512        

ANESTHESIOLOGIST OF THE MEDICAL RECORDS OF THE PATIENTS OF THE     1,513        

ANESTHESIOLOGIST ASSISTANT.                                                     

      THE SUPERVISING ANESTHESIOLOGIST SHALL SUPERVISE THE         1,515        

ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH THE PROTOCOL AND     1,516        

THE RULES FOR SUPERVISION OF ANESTHESIOLOGIST ASSISTANTS ADOPTED   1,517        

BY THE STATE MEDICAL BOARD.  THE BOARD'S RULES SHALL INCLUDE       1,518        

REQUIREMENTS FOR ENHANCED SUPERVISION OF AN ANESTHESIOLOGIST       1,519        

ASSISTANT DURING THE ASSISTANT'S FIRST FOUR YEARS OF PRACTICE      1,520        

AFTER RECEIVING AN INITIAL CERTIFICATE OF REGISTRATION UNDER THIS  1,521        

CHAPTER.                                                                        

      Sec. 4760.09.  IF THE PRACTICE AND SUPERVISION REQUIREMENTS  1,523        

OF SECTION 4760.08 OF THE REVISED CODE ARE BEING MET, AN           1,525        

ANESTHESIOLOGIST ASSISTANT MAY ASSIST THE SUPERVISING              1,527        

ANESTHESIOLOGIST IN DEVELOPING AND IMPLEMENTING AN ANESTHESIA      1,528        

CARE PLAN FOR A PATIENT.  IN PROVIDING ASSISTANCE TO THE           1,530        

SUPERVISING ANESTHESIOLOGIST, AN ANESTHESIOLOGIST ASSISTANT MAY                 

DO ANY OF THE FOLLOWING:                                           1,531        

      (A)  OBTAIN A COMPREHENSIVE PATIENT HISTORY AND PRESENT THE  1,533        

HISTORY TO THE SUPERVISING ANESTHESIOLOGIST;                       1,534        

      (B)  PRETEST AND CALIBRATE ANESTHESIA DELIVERY SYSTEMS AND   1,536        

MONITOR AND OBTAIN AND INTERPRET INFORMATION FROM THE SYSTEMS AND  1,537        

MONITORS;                                                          1,538        

      (C)  ASSIST THE SUPERVISING ANESTHESIOLOGIST WITH THE        1,540        

IMPLEMENTATION OF MEDICALLY ACCEPTED MONITORING TECHNIQUES;        1,543        

      (D)  ESTABLISH BASIC AND ADVANCED AIRWAY INTERVENTIONS,      1,545        

INCLUDING INTUBATION OF THE TRACHEA AND PERFORMING VENTILATORY     1,546        

SUPPORT;                                                                        

                                                          35     


                                                                 
      (E)  ADMINISTER INTERMITTENT VASOACTIVE DRUGS AND START AND  1,548        

ADJUST VASOACTIVE INFUSIONS;                                       1,549        

      (F)  ADMINISTER ANESTHETIC DRUGS, ADJUVANT DRUGS, AND        1,551        

ACCESSORY DRUGS;                                                   1,552        

      (G)  ASSIST THE SUPERVISING ANESTHESIOLOGIST WITH THE        1,555        

PERFORMANCE OF EPIDURAL ANESTHETIC PROCEDURES AND SPINAL           1,556        

ANESTHETIC PROCEDURES;                                             1,557        

      (H)  ADMINISTER BLOOD, BLOOD PRODUCTS, AND SUPPORTIVE        1,560        

FLUIDS.                                                                         

      Sec. 4760.10.  IN ADDITION TO THE ACTIVITIES THAT AN         1,562        

ANESTHESIOLOGIST ASSISTANT MAY ENGAGE IN PURSUANT TO SECTION       1,563        

4760.09 OF THE REVISED CODE, THE SUPERVISING ANESTHESIOLOGIST OF   1,564        

AN ANESTHESIOLOGIST ASSISTANT MAY AUTHORIZE AN ANESTHESIOLOGIST    1,565        

ASSISTANT TO DO THE FOLLOWING:                                     1,567        

      (A)  PARTICIPATE IN ADMINISTRATIVE ACTIVITIES AND CLINICAL   1,569        

TEACHING ACTIVITIES;                                               1,570        

      (B)  PARTICIPATE IN RESEARCH ACTIVITIES BY PERFORMING THE    1,572        

SAME PROCEDURES THAT MAY BE PERFORMED PURSUANT TO SECTION 4760.09  1,573        

OF THE REVISED CODE;                                               1,574        

      (C)  PROVIDE ASSISTANCE TO A CARDIOPULMONARY RESUSCITATION   1,576        

TEAM IN RESPONSE TO A LIFE-THREATENING SITUATION.                  1,577        

      Sec. 4760.13.  (A)  THE STATE MEDICAL BOARD, BY AN           1,580        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY  1,581        

REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN                1,582        

ANESTHESIOLOGIST ASSISTANT TO A PERSON FOUND BY THE BOARD TO HAVE  1,583        

COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING FOR   1,584        

OR SECURING THE CERTIFICATE.                                       1,585        

      (B)  THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN     1,588        

SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT,         1,589        

REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS  1,590        

AN ANESTHESIOLOGIST ASSISTANT, REFUSE TO ISSUE A CERTIFICATE TO    1,591        

AN APPLICANT, REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR   1,592        

PLACE ON PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE      1,594        

FOLLOWING REASONS:                                                              

                                                          36     


                                                                 
      (1)  PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED  1,596        

BY ANOTHER PERSON;                                                 1,597        

      (2)  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS         1,599        

CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED   1,601        

BY THE BOARD;                                                                   

      (3)  VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR         1,603        

INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR       1,604        

CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER      1,606        

4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD;      1,607        

      (4)  A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL     1,609        

STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR       1,610        

SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT  1,611        

IS ESTABLISHED;                                                                 

      (5)  INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND       1,614        

PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR        1,615        

PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY  1,616        

AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;                                 

      (6)  IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO          1,618        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL    1,619        

OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES   1,620        

THAT IMPAIR ABILITY TO PRACTICE;                                   1,621        

      (7)  WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE;          1,623        

      (8)  MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING    1,625        

STATEMENT IN SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF     1,626        

REGISTRATION TO PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT.         1,627        

      AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR  1,630        

MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A            1,631        

MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE         1,632        

BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR    1,633        

IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF           1,634        

FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS     1,635        

THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT    1,636        

PERSON TO MISUNDERSTAND OR BE DECEIVED.                                         

      (9)  THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR A   1,639        

                                                          37     


                                                                 
THING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF   1,640        

PRACTICE;                                                                       

      (10)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,643        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,644        

CONVICTION FOR, A FELONY;                                                       

      (11)  COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN      1,646        

THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    1,647        

COMMITTED;                                                         1,648        

      (12)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,651        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,652        

CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF                        

PRACTICE;                                                          1,653        

      (13)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,656        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,657        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE;           1,658        

      (14)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT    1,660        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,662        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,663        

      (15)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT    1,665        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,666        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,667        

      (16)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,670        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,671        

CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE   1,672        

POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING            1,673        

TRAFFICKING IN DRUGS;                                                           

      (17)  ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE        1,676        

AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF                               

ANESTHESIOLOGIST ASSISTANTS IN ANOTHER JURISDICTION, FOR ANY       1,678        

REASON OTHER THAN THE NONPAYMENT OF FEES:  THE LIMITATION,         1,679        

REVOCATION, OR SUSPENSION OF AN INDIVIDUAL'S LICENSE TO PRACTICE;  1,681        

ACCEPTANCE OF AN INDIVIDUAL'S LICENSE SURRENDER; DENIAL OF A       1,682        

LICENSE; REFUSAL TO RENEW OR REINSTATE A LICENSE; IMPOSITION OF    1,683        

PROBATION; OR ISSUANCE OF AN ORDER OF CENSURE OR OTHER REPRIMAND;  1,684        

                                                          38     


                                                                 
      (18)  VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A   1,687        

CERTIFICATE OF REGISTRATION;                                                    

      (19)  FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID          1,690        

PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051    1,691        

OF THE REVISED CODE;                                               1,692        

      (20)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY  1,694        

THE BOARD UNDER SECTION 4760.14 OF THE REVISED CODE, INCLUDING     1,696        

FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR  1,697        

FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT  1,698        

A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE    1,699        

TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS    1,700        

FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT          1,701        

JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA    1,702        

OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE    1,703        

IN ISSUE;                                                                       

      (21)  FAILURE TO COMPLY WITH ANY CODE OF ETHICS ESTABLISHED  1,705        

BY THE NATIONAL COMMISSION FOR THE CERTIFICATION OF                1,706        

ANESTHESIOLOGIST ASSISTANTS.                                                    

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           1,708        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   1,709        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT     1,711        

THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A        1,713        

CONSENT AGREEMENT WITH AN ANESTHESIOLOGIST ASSISTANT OR APPLICANT  1,714        

TO RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY     1,715        

RULE ADOPTED UNDER IT.  A CONSENT AGREEMENT, WHEN RATIFIED BY AN   1,716        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD,       1,717        

SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT  1,719        

TO THE MATTER ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES    1,720        

TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS         1,721        

CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR         1,722        

EFFECT.                                                                         

      (D)  FOR PURPOSES OF DIVISIONS (B)(11), (14), AND (15) OF    1,724        

THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A    1,725        

FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER    1,727        

                                                          39     


                                                                 
119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE        1,728        

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

JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT  1,729        

RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND     1,730        

THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS.  THE    1,731        

BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES       1,732        

WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL ON TECHNICAL    1,733        

OR PROCEDURAL GROUNDS.                                             1,734        

      (E)  THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL    1,736        

HAVE NO EFFECT ON A PRIOR BOARD ORDER ENTERED UNDER THE            1,737        

PROVISIONS OF THIS SECTION OR ON THE BOARD'S JURISDICTION TO TAKE  1,738        

ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A PLEA  1,739        

OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL FINDING OF   1,741        

ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION, THE BOARD      1,743        

ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO THE COURT'S  1,744        

ORDER TO SEAL THE RECORDS.  THE BOARD SHALL NOT BE REQUIRED TO     1,745        

SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT  1,746        

THE COURT'S SEALING OF CONVICTION RECORDS.                         1,747        

      (F)  FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO       1,750        

HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR  1,751        

APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO      1,752        

HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION   1,753        

WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED  1,754        

ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION    1,755        

REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION.                1,756        

      (1)  IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE       1,759        

BOARD, ON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY        1,760        

INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER    1,761        

THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION  1,762        

PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL OR PHYSICAL         1,763        

EXAMINATION, OR BOTH.  A PHYSICAL EXAMINATION MAY INCLUDE AN HIV   1,764        

TEST.  THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF     1,765        

THE INDIVIDUAL COMPELLED TO BE EXAMINED.  FAILURE TO SUBMIT TO A   1,766        

MENTAL OR PHYSICAL EXAMINATION OR CONSENT TO AN HIV TEST ORDERED   1,768        

                                                          40     


                                                                 
BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS AGAINST   1,769        

THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES BEYOND   1,770        

THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER MAY BE     1,771        

ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF                      

EVIDENCE.  IF THE BOARD FINDS AN ANESTHESIOLOGIST ASSISTANT        1,772        

UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION    1,774        

(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE                1,775        

ANESTHESIOLOGIST ASSISTANT TO SUBMIT TO CARE, COUNSELING, OR       1,776        

TREATMENT BY PHYSICIANS APPROVED OR DESIGNATED BY THE BOARD, AS A  1,777        

CONDITION FOR AN INITIAL, CONTINUED, REINSTATED, OR RENEWED        1,778        

CERTIFICATE OF REGISTRATION.  AN INDIVIDUAL AFFECTED BY THIS       1,779        

DIVISION SHALL BE AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE    1,780        

BOARD THE ABILITY TO RESUME PRACTICING IN COMPLIANCE WITH                       

ACCEPTABLE AND PREVAILING STANDARDS OF CARE.                       1,781        

      (2)  FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF     1,784        

THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A    1,785        

CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY       1,786        

APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH                        

IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A     1,787        

MENTAL OR PHYSICAL EXAMINATION, OR BOTH.  THE EXPENSE OF THE       1,788        

EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO   1,791        

BE EXAMINED.  ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER    1,793        

THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR       1,794        

PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE  1,795        

BOARD.                                                                          

      FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION        1,798        

ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS   1,800        

AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES  1,801        

BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER     1,802        

MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF  1,803        

EVIDENCE.  IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY   1,804        

TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S  1,805        

CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL         1,806        

REQUIRE THE INDIVIDUAL, AS A CONDITION FOR AN INITIAL, CONTINUED,  1,807        

                                                          41     


                                                                 
REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION, TO SUBMIT TO   1,808        

TREATMENT.                                                         1,809        

      BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A        1,811        

CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ANESTHESIOLOGIST    1,812        

ASSISTANT SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME     1,813        

PRACTICE IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS    1,814        

OF CARE.  THE DEMONSTRATION SHALL INCLUDE THE FOLLOWING:           1,816        

      (a)  CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER  1,819        

SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS        1,820        

SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT;           1,821        

      (b)  EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN          1,824        

AFTERCARE CONTRACT OR CONSENT AGREEMENT;                                        

      (c)  TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S    1,827        

ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS  1,828        

BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND                    

PREVAILING STANDARDS OF CARE.  THE REPORTS SHALL BE MADE BY        1,829        

INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH     1,830        

ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION.  1,832        

      THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS   1,835        

DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS     1,836        

ENTERED INTO A WRITTEN CONSENT AGREEMENT.                                       

      WHEN THE IMPAIRED ANESTHESIOLOGIST ASSISTANT RESUMES         1,838        

PRACTICE, THE BOARD SHALL REQUIRE CONTINUED MONITORING OF THE      1,839        

ANESTHESIOLOGIST ASSISTANT.  THE MONITORING SHALL INCLUDE          1,841        

MONITORING OF COMPLIANCE WITH THE WRITTEN CONSENT AGREEMENT        1,843        

ENTERED INTO BEFORE REINSTATEMENT OR WITH CONDITIONS IMPOSED BY    1,844        

BOARD ORDER AFTER A HEARING, AND, ON TERMINATION OF THE CONSENT    1,845        

AGREEMENT, SUBMISSION TO THE BOARD FOR AT LEAST TWO YEARS OF       1,846        

ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER PENALTY OF              1,847        

FALSIFICATION STATING WHETHER THE ANESTHESIOLOGIST ASSISTANT HAS                

MAINTAINED SOBRIETY.                                               1,848        

      (G)  IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT  1,851        

THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ANESTHESIOLOGIST    1,852        

ASSISTANT HAS VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE   1,853        

                                                          42     


                                                                 
INDIVIDUAL'S CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE     1,854        

AND SERIOUS HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD  1,855        

SUSPEND THE INDIVIDUAL'S CERTIFICATE OR REGISTRATION WITHOUT A     1,857        

PRIOR HEARING.  WRITTEN ALLEGATIONS SHALL BE PREPARED FOR                       

CONSIDERATION BY THE BOARD.                                        1,858        

      THE BOARD, ON REVIEW OF THE ALLEGATIONS AND BY AN            1,860        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING   1,862        

THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE    1,863        

WITHOUT A PRIOR HEARING.  A TELEPHONE CONFERENCE CALL MAY BE       1,864        

UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE  1,865        

SUMMARY SUSPENSION.                                                1,866        

      THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY       1,868        

CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF   1,869        

THE REVISED CODE.  THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION    1,871        

BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION     1,872        

119.12 OF THE REVISED CODE.  IF THE ANESTHESIOLOGIST ASSISTANT     1,873        

REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR    1,874        

THE HEARING SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN     1,875        

SEVEN DAYS, AFTER THE ANESTHESIOLOGIST ASSISTANT REQUESTS THE      1,876        

HEARING, UNLESS OTHERWISE AGREED TO BY BOTH THE BOARD AND THE      1,877        

CERTIFICATE HOLDER.                                                             

      A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL       1,879        

REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL         1,880        

ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION    1,881        

AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE.   THE      1,883        

BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS   1,884        

AFTER COMPLETION OF ITS HEARING.  FAILURE TO ISSUE THE ORDER       1,885        

WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY       1,886        

SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL   1,887        

ADJUDICATIVE ORDER.                                                             

      (H)  IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11),       1,891        

(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT,  1,892        

GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION   1,894        

IN LIEU OF CONVICTION IS OVERTURNED ON APPEAL, ON EXHAUSTION OF    1,895        

                                                          43     


                                                                 
THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER   1,896        

MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT           1,897        

DOCUMENTS.  ON RECEIPT OF A PETITION AND SUPPORTING COURT          1,898        

DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF            1,899        

REGISTRATION.  THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER       1,900        

CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE          1,901        

INDIVIDUAL COMMITTED THE ACT IN QUESTION.  NOTICE OF OPPORTUNITY   1,903        

FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE  1,904        

REVISED CODE.  IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION     1,905        

HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT,   1,906        

OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS   1,907        

SPECIFIED IN DIVISION (B) OF THIS SECTION.                         1,908        

      (I)  THE CERTIFICATE OF REGISTRATION OF AN ANESTHESIOLOGIST  1,911        

ASSISTANT AND THE ASSISTANT'S PRACTICE IN THIS STATE ARE           1,912        

AUTOMATICALLY SUSPENDED AS OF THE DATE THE ANESTHESIOLOGIST        1,913        

ASSISTANT PLEADS GUILTY TO, IS FOUND BY A JUDGE OR JURY TO BE      1,915        

GUILTY OF, OR IS SUBJECT TO A JUDICIAL FINDING OF ELIGIBILITY FOR  1,916        

INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR TREATMENT OF                

INTERVENTION IN LIEU OF CONVICTION IN ANOTHER JURISDICTION FOR     1,917        

ANY OF THE FOLLOWING CRIMINAL OFFENSES IN THIS STATE OR A          1,918        

SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER               1,919        

JURISDICTION:  AGGRAVATED MURDER, MURDER, VOLUNTARY MANSLAUGHTER,  1,921        

FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL BATTERY, GROSS SEXUAL  1,922        

IMPOSITION, AGGRAVATED ARSON, AGGRAVATED ROBBERY, OR AGGRAVATED    1,923        

BURGLARY.  CONTINUED PRACTICE AFTER THE SUSPENSION SHALL BE        1,925        

CONSIDERED PRACTICING WITHOUT A CERTIFICATE.                       1,926        

      THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE         1,929        

SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH                    

SECTION 119.07 OF THE REVISED CODE.  IF AN INDIVIDUAL WHOSE        1,930        

CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A       1,931        

TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE       1,933        

REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY      1,934        

REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION.             1,935        

      (J)  IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY       1,938        

                                                          44     


                                                                 
CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY     1,939        

FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT      1,940        

TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE  1,942        

REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT     1,943        

MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS     1,945        

MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS.  IN     1,946        

THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS          1,947        

IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION.              1,948        

      (K)  ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF     1,951        

THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A   1,952        

WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE                1,953        

ANESTHESIOLOGIST ASSISTANT'S CERTIFICATE MAY BE REINSTATED.  THE   1,954        

BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE     1,956        

REVISED CODE GOVERNING CONDITIONS TO BE IMPOSED FOR                             

REINSTATEMENT.  REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT  1,957        

TO DIVISION (B) OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF    1,959        

NOT FEWER THAN SIX MEMBERS OF THE BOARD.                                        

      (L)  WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF        1,962        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT TO AN APPLICANT,     1,963        

REVOKES AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO    1,965        

RENEW A CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN    1,966        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY    1,967        

THAT ITS ACTION IS PERMANENT.  AN INDIVIDUAL SUBJECT TO A          1,968        

PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER          1,969        

INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN             1,970        

ANESTHESIOLOGIST ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN       1,971        

APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE   1,972        

OF A NEW CERTIFICATE.                                              1,973        

      (M)  NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED      1,976        

CODE, ALL OF THE FOLLOWING APPLY:                                               

      (1)  THE SURRENDER OF A CERTIFICATE OF REGISTRATION ISSUED   1,979        

UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS OR UNTIL ACCEPTED BY    1,980        

THE BOARD.  REINSTATEMENT OF A CERTIFICATE SURRENDERED TO THE      1,981        

BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS   1,982        

                                                          45     


                                                                 
OF THE BOARD.                                                                   

      (2)  AN APPLICATION MADE UNDER THIS CHAPTER FOR A            1,985        

CERTIFICATE OF REGISTRATION MAY NOT BE WITHDRAWN WITHOUT APPROVAL  1,986        

OF THE BOARD.                                                                   

      (3)  FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF      1,989        

REGISTRATION IN ACCORDANCE WITH SECTION 4760.06 OF THE REVISED     1,990        

CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE    1,991        

DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL.     1,992        

      Sec. 4760.131.  ON RECEIPT OF A NOTICE PURSUANT TO SECTION   1,995        

2301.373 OF THE REVISED CODE, THE STATE MEDICAL BOARD SHALL                     

COMPLY WITH THAT SECTION WITH RESPECT TO A CERTIFICATE OF          1,996        

REGISTRATION ISSUED PURSUANT TO THIS CHAPTER.                      1,997        

      Sec. 4760.132.  IF THE STATE MEDICAL BOARD HAS REASON TO     1,999        

BELIEVE THAT ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF      2,000        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT UNDER THIS CHAPTER   2,002        

IS MENTALLY ILL OR MENTALLY INCOMPETENT, IT MAY FILE IN THE        2,003        

PROBATE COURT OF THE COUNTY IN WHICH THE PERSON HAS A LEGAL        2,004        

RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN SECTION 5122.11   2,005        

OF THE REVISED CODE AND SIGNED BY THE BOARD SECRETARY OR A MEMBER  2,006        

OF THE BOARD SECRETARY'S STAFF, WHEREUPON THE SAME PROCEEDINGS     2,008        

SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE REVISED CODE.     2,009        

THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN ANY PROCEEDING     2,011        

COMMENCED UNDER THIS SECTION.                                                   

      IF ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF          2,013        

REGISTRATION IS ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR  2,014        

MENTALLY INCOMPETENT, THE PERSON'S CERTIFICATE SHALL BE            2,015        

AUTOMATICALLY SUSPENDED UNTIL THE PERSON HAS FILED WITH THE STATE  2,017        

MEDICAL BOARD A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE     2,018        

COURT OF THE PERSON'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS  2,020        

SUBMITTED TO THE BOARD PROOF, SATISFACTORY TO THE BOARD, THAT THE  2,021        

PERSON HAS BEEN DISCHARGED AS HAVING A RESTORATION TO COMPETENCY   2,023        

IN THE MANNER AND FORM PROVIDED IN SECTION 5122.38 OF THE REVISED  2,024        

CODE.  THE JUDGE OF THE PROBATE COURT SHALL FORTHWITH NOTIFY THE   2,025        

STATE MEDICAL BOARD OF AN ADJUDICATION OF MENTAL ILLNESS OR        2,026        

                                                          46     


                                                                 
MENTAL INCOMPETENCE, AND SHALL NOTE ANY SUSPENSION OF A            2,028        

CERTIFICATE IN THE MARGIN OF THE COURT'S RECORD OF SUCH            2,029        

CERTIFICATE.                                                                    

      Sec. 4760.14.  (A)  THE STATE MEDICAL BOARD SHALL            2,032        

INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS      2,033        

VIOLATED THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON                

MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE    2,034        

PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF    2,035        

THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF     2,036        

BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES      2,038        

BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119.   2,039        

OF THE REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A     2,040        

RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY.  EACH  2,041        

COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD       2,043        

SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD.      2,044        

      (B)  INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER    2,046        

OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING   2,047        

MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF  2,049        

THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION       2,050        

4760.15 OF THE REVISED CODE.  THE BOARD'S PRESIDENT MAY DESIGNATE  2,051        

ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN      2,052        

PLACE OF THE SUPERVISING MEMBER.  A MEMBER OF THE BOARD WHO        2,053        

SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN    2,054        

FURTHER ADJUDICATION OF THE CASE.                                               

      (C)  IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER   2,056        

OR THE RULES ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS,     2,057        

ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE   2,058        

ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS,         2,059        

PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA  2,060        

FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT         2,061        

CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF    2,062        

THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD.  BEFORE         2,063        

ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE         2,065        

SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS  2,066        

                                                          47     


                                                                 
PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A       2,067        

VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT AND THAT   2,068        

THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND       2,069        

MATERIAL TO THE INVESTIGATION.  THE SUBPOENA MAY APPLY ONLY TO     2,070        

RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE     2,072        

ALLEGED VIOLATION.                                                              

      ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD   2,075        

AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE    2,076        

BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS   2,077        

OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE.               2,078        

      A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,   2,080        

THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE        2,081        

BOARD.  SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY   2,083        

DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN,     2,084        

READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL      2,085        

PLACE OF RESIDENCE.  WHEN THE PERSON BEING SERVED IS AN            2,086        

ANESTHESIOLOGIST ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE    2,087        

BY CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED,  2,088        

AND THE SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS    2,089        

MADE OR THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY.            2,090        

      A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE   2,093        

SAME FEES AS A SHERIFF.  EACH WITNESS WHO APPEARS BEFORE THE       2,094        

BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND        2,095        

MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF                  

COMMON PLEAS.                                                      2,096        

      (D)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   2,098        

CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF   2,099        

THE REVISED CODE.                                                               

      (E)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        2,101        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  2,102        

CIVIL ACTION.                                                      2,103        

      THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS   2,106        

IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND      2,107        

PERSONS WHO FILE COMPLAINTS WITH THE BOARD.  THE BOARD SHALL NOT   2,109        

                                                          48     


                                                                 
MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT   2,110        

PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN.           2,111        

      THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO  2,114        

AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD     2,115        

INFORMATION, WITH LAW ENFORCEMENT AGENCIES, OTHER LICENSING        2,116        

BOARDS, AND OTHER GOVERNMENTAL AGENCIES THAT ARE PROSECUTING,      2,118        

ADJUDICATING, OR INVESTIGATING ALLEGED VIOLATIONS OF STATUTES OR   2,119        

ADMINISTRATIVE RULES.  AN AGENCY OR BOARD THAT RECEIVES THE        2,120        

INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING      2,121        

CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST   2,122        

COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED                

CODE OR PROCEDURE OF THE AGENCY OR BOARD THAT APPLIES WHEN IT IS   2,123        

DEALING WITH OTHER INFORMATION IN ITS POSSESSION.  IN A JUDICIAL   2,124        

PROCEEDING, THE INFORMATION MAY BE ADMITTED INTO EVIDENCE ONLY IN  2,126        

ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE COURT SHALL         2,127        

REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT         2,128        

CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE      2,129        

INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION   2,130        

ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY WAS           2,131        

PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS IN   2,132        

THE BOARD'S POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT                

MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING  2,134        

SPECIFIC INFORMATION FROM ITS RECORDS.                             2,135        

      (F)  THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR  2,138        

AND PROVIDE APPROPRIATE INITIAL TRAINING AND CONTINUING EDUCATION  2,139        

FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES    2,140        

UNDER THIS CHAPTER.  THE TRAINING AND CONTINUING EDUCATION MAY     2,141        

INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO     2,142        

PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS            2,143        

APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE    2,144        

REVISED CODE.                                                                   

      (G)  ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT  2,147        

THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING   2,148        

THREE MONTHS.  THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION  2,149        

                                                          49     


                                                                 
FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES:   2,150        

      (1)  THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED    2,153        

VIOLATION;                                                                      

      (2)  THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY    2,156        

THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;                          

      (3)  A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE       2,158        

COMPLAINT;                                                         2,159        

      (4)  THE DISPOSITION OF THE CASE.                            2,161        

      THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING,     2,163        

AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF    2,166        

EACH PERSON INVOLVED IN EACH CASE.  THE REPORT IS A PUBLIC RECORD               

FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.                2,167        

      Sec. 4760.15.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    2,169        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    2,170        

      (B)  WHENEVER ANY PERSON HOLDING A VALID CERTIFICATE ISSUED  2,172        

PURSUANT TO THIS CHAPTER PLEADS GUILTY TO, IS SUBJECT TO A         2,174        

JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A JUDICIAL FINDING  2,175        

OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR A        2,176        

VIOLATION OF CHAPTER 2907., 2925., OR 3719. OF THE REVISED CODE                 

OR OF ANY SUBSTANTIVELY COMPARABLE ORDINANCE OF A MUNICIPAL        2,177        

CORPORATION IN CONNECTION WITH THE PERSON'S PRACTICE, THE          2,178        

PROSECUTOR IN THE CASE, ON FORMS PRESCRIBED AND PROVIDED BY THE    2,180        

STATE MEDICAL BOARD, SHALL PROMPTLY NOTIFY THE BOARD OF THE        2,181        

CONVICTION.  WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION,    2,183        

THE BOARD SHALL INITIATE ACTION IN ACCORDANCE WITH CHAPTER 119.    2,184        

OF THE REVISED CODE TO DETERMINE WHETHER TO SUSPEND OR REVOKE THE  2,185        

CERTIFICATE UNDER SECTION 4760.13 OF THE REVISED CODE.             2,186        

      (C)  THE PROSECUTOR IN ANY CASE AGAINST ANY PERSON HOLDING   2,188        

A VALID CERTIFICATE OF REGISTRATION ISSUED PURSUANT TO THIS        2,189        

CHAPTER, ON FORMS PRESCRIBED AND PROVIDED BY THE STATE MEDICAL     2,190        

BOARD, SHALL NOTIFY THE BOARD OF ANY OF THE FOLLOWING:             2,191        

      (1)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,194        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,195        

LIEU OF CONVICTION FOR A FELONY, OR A CASE IN WHICH THE TRIAL      2,197        

                                                          50     


                                                                 
COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL    2,198        

GROUNDS OF A FELONY CHARGE;                                        2,199        

      (2)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,203        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,204        

LIEU OF CONVICTION FOR A MISDEMEANOR COMMITTED IN THE COURSE OF    2,206        

PRACTICE, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF    2,207        

DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A    2,209        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     2,210        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,213        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,214        

LIEU OF CONVICTION FOR A MISDEMEANOR INVOLVING MORAL TURPITUDE,    2,216        

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    2,217        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR  2,219        

INVOLVING MORAL TURPITUDE.                                         2,220        

      THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE         2,222        

CERTIFICATE HOLDER, THE NATURE OF THE OFFENSE FOR WHICH THE        2,223        

ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE  2,224        

ACTION.                                                            2,225        

      Sec. 4760.16.  (A)  WITHIN SIXTY DAYS AFTER THE IMPOSITION   2,228        

OF ANY FORMAL DISCIPLINARY ACTION TAKEN BY ANY HEALTH CARE         2,229        

FACILITY, INCLUDING A HOSPITAL, HEALTH CARE FACILITY OPERATED BY   2,230        

AN INSURING CORPORATION, AMBULATORY SURGICAL CENTER, OR SIMILAR    2,231        

FACILITY, AGAINST ANY INDIVIDUAL HOLDING A VALID CERTIFICATE OF    2,233        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE CHIEF           2,234        

ADMINISTRATOR OR EXECUTIVE OFFICER OF THE FACILITY SHALL REPORT    2,237        

TO THE STATE MEDICAL BOARD THE NAME OF THE INDIVIDUAL, THE ACTION  2,238        

TAKEN BY THE FACILITY, AND A SUMMARY OF THE UNDERLYING FACTS       2,239        

LEADING TO THE ACTION TAKEN.  ON REQUEST, THE BOARD SHALL BE       2,240        

PROVIDED CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE                  

BASIS FOR THE FACILITY'S ACTION.   PRIOR TO RELEASE TO THE BOARD,  2,242        

THE SUMMARY SHALL BE APPROVED BY THE PEER REVIEW COMMITTEE THAT    2,243        

REVIEWED THE CASE OR BY THE GOVERNING BOARD OF THE FACILITY.       2,245        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,248        

                                                          51     


                                                                 
FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY                  

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE         2,249        

FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST AN                2,251        

ANESTHESIOLOGIST ASSISTANT.                                                     

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,253        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,254        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,255        

      (B)  AN ANESTHESIOLOGIST ASSISTANT, PROFESSIONAL             2,257        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS, PHYSICIAN,  2,259        

OR PROFESSIONAL ASSOCIATION OR SOCIETY OF PHYSICIANS THAT          2,260        

BELIEVES A VIOLATION OF ANY PROVISION OF THIS CHAPTER, CHAPTER     2,261        

4731. OF THE REVISED CODE, OR RULE OF THE BOARD HAS OCCURRED       2,264        

SHALL REPORT TO THE BOARD THE INFORMATION ON WHICH THE BELIEF IS   2,265        

BASED.  THIS DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER      2,266        

APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE REVISED CODE    2,268        

OR ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO    2,269        

MAKE REPORTS WITH RESPECT TO AN ANESTHESIOLOGIST ASSISTANT                      

PARTICIPATING IN TREATMENT OR AFTERCARE FOR SUBSTANCE ABUSE AS     2,271        

LONG AS THE ANESTHESIOLOGIST ASSISTANT MAINTAINS PARTICIPATION IN  2,272        

ACCORDANCE WITH THE REQUIREMENTS OF SECTION 4731.25 OF THE         2,273        

REVISED CODE AND THE TREATMENT PROVIDER OR EMPLOYEE, AGENT, OR     2,275        

REPRESENTATIVE OF THE PROVIDER HAS NO REASON TO BELIEVE THAT THE   2,276        

ANESTHESIOLOGIST ASSISTANT HAS VIOLATED ANY PROVISION OF THIS      2,277        

CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY     2,278        

ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT       2,279        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,280        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,281        

REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,282        

PROFESSIONAL ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST            2,283        

ASSISTANTS TO PROVIDE PEER ASSISTANCE TO ANESTHESIOLOGIST          2,285        

ASSISTANTS WITH SUBSTANCE ABUSE PROBLEMS WITH RESPECT TO AN        2,286        

ANESTHESIOLOGIST ASSISTANT WHO HAS BEEN REFERRED FOR EXAMINATION   2,287        

TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER SECTION         2,288        

4731.25 OF THE REVISED CODE IF THE ANESTHESIOLOGIST ASSISTANT      2,289        

                                                          52     


                                                                 
COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,290        

DETERMINATION THAT THE ANESTHESIOLOGIST ASSISTANT SHOULD ENTER                  

TREATMENT AND AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR  2,292        

AGENT HAS NO REASON TO BELIEVE THAT THE ANESTHESIOLOGIST           2,293        

ASSISTANT HAS CEASED TO PARTICIPATE IN THE TREATMENT PROGRAM IN    2,294        

ACCORDANCE WITH SECTION 4731.25 OF THE REVISED CODE OR HAS         2,295        

VIOLATED ANY PROVISION OF THIS CHAPTER OR RULE ADOPTED UNDER IT,   2,296        

OTHER THAN BEING IMPAIRED BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  2,297        

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,299        

PRIMARILY OF ANESTHESIOLOGIST ASSISTANTS THAT SUSPENDS OR REVOKES  2,300        

AN INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS,  2,301        

OR FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL        2,302        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,303        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,304        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,306        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,307        

LEADING TO THE ACTION TAKEN.                                       2,308        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,310        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY     2,311        

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL        2,312        

ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN            2,314        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,317        

TO ANY PERSON HOLDING A VALID CERTIFICATE OF REGISTRATION AS AN    2,318        

ANESTHESIOLOGIST ASSISTANT OR ANY OTHER ENTITY THAT SEEKS TO       2,319        

INDEMNIFY THE PROFESSIONAL LIABILITY OF AN ANESTHESIOLOGIST        2,320        

ASSISTANT SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER THE                   

FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH      2,321        

DISPOSITION RESULTS IN A PAYMENT EXCEEDING TWENTY-FIVE THOUSAND    2,322        

DOLLARS.  THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:      2,323        

      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,325        

NOTIFICATION;                                                      2,326        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,329        

OF THE CLAIM;                                                                   

                                                          53     


                                                                 
      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,331        

      (4)  THE DATE OF FINAL DISPOSITION;                          2,333        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,336        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,339        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,342        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,343        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,344        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,345        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,346        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TWENTY-FIVE     2,348        

THOUSAND DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING      2,349        

NEGLIGENT CONDUCT BY THE ANESTHESIOLOGIST ASSISTANT.               2,350        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,353        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,354        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,355        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING AN      2,356        

ANESTHESIOLOGIST ASSISTANT, SUPERVISING PHYSICIAN, OR HEALTH CARE               

FACILITY ARISING OUT OF MATTERS THAT ARE THE SUBJECT OF THE        2,358        

REPORTING REQUIRED BY THIS SECTION.  THE BOARD MAY USE THE         2,359        

INFORMATION OBTAINED ONLY AS THE BASIS FOR AN INVESTIGATION, AS    2,361        

EVIDENCE IN A DISCIPLINARY HEARING AGAINST AN ANESTHESIOLOGIST     2,362        

ASSISTANT OR SUPERVISING PHYSICIAN, OR IN ANY SUBSEQUENT TRIAL OR  2,363        

APPEAL OF A BOARD ACTION OR ORDER.                                 2,365        

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          2,367        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           2,368        

COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       2,370        

CREDENTIALING OR RECREDENTIALING AN ANESTHESIOLOGIST ASSISTANT OR  2,371        

SUPERVISING PHYSICIAN OR REVIEWING THEIR PRIVILEGE TO PRACTICE     2,373        

WITHIN A PARTICULAR FACILITY.  THE BOARD SHALL INDICATE WHETHER    2,374        

OR NOT THE INFORMATION HAS BEEN VERIFIED.  INFORMATION                          

TRANSMITTED BY THE BOARD SHALL BE SUBJECT TO THE SAME              2,375        

CONFIDENTIALITY PROVISIONS AS WHEN MAINTAINED BY THE BOARD.        2,376        

                                                          54     


                                                                 
      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   2,379        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   2,380        

REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   2,381        

ANESTHESIOLOGIST ASSISTANT.  THE ANESTHESIOLOGIST ASSISTANT SHALL  2,383        

HAVE THE RIGHT TO FILE A STATEMENT WITH THE BOARD CONCERNING THE   2,384        

CORRECTNESS OR RELEVANCE OF THE INFORMATION.  THE STATEMENT SHALL  2,385        

AT ALL TIMES ACCOMPANY THAT PART OF THE RECORD IN CONTENTION.      2,387        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    2,390        

REFERS AN IMPAIRED ANESTHESIOLOGIST ASSISTANT TO A TREATMENT       2,391        

PROVIDER APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE        2,393        

REVISED CODE SHALL NOT BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A   2,394        

RESULT OF THE REPORT, REFERRAL, OR PROVISION OF THE INFORMATION.   2,395        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    2,398        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS THAT                      

SPONSORS A COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO AN   2,401        

ANESTHESIOLOGIST ASSISTANT WITH SUBSTANCE ABUSE PROBLEMS, A                     

REPRESENTATIVE OR AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A      2,403        

MEMBER OF THE STATE MEDICAL BOARD SHALL NOT BE HELD LIABLE IN      2,404        

DAMAGES TO ANY PERSON BY REASON OF ACTIONS TAKEN TO REFER AN       2,405        

ANESTHESIOLOGIST ASSISTANT TO A TREATMENT PROVIDER APPROVED UNDER  2,406        

SECTION 4731.25 OF THE REVISED CODE FOR EXAMINATION OR TREATMENT.  2,407        

      Sec. 4760.17.  THE SECRETARY OF THE STATE MEDICAL BOARD      2,410        

SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF                 2,411        

ANESTHESIOLOGIST ASSISTANTS.  IF THE SECRETARY HAS KNOWLEDGE OR                 

NOTICE OF A VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER   2,413        

IT, THE SECRETARY SHALL INVESTIGATE THE MATTER, AND, UPON          2,414        

PROBABLE CAUSE APPEARING, FILE A COMPLAINT AND PROSECUTE THE       2,415        

OFFENDER.  WHEN REQUESTED BY THE SECRETARY, THE PROSECUTING        2,416        

ATTORNEY OF THE PROPER COUNTY SHALL TAKE CHARGE OF AND CONDUCT     2,417        

THE PROSECUTION.                                                                

      Sec. 4760.18.  THE ATTORNEY GENERAL, THE PROSECUTING         2,420        

ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE WAS COMMITTED OR THE   2,421        

OFFENDER RESIDES, THE STATE MEDICAL BOARD, OR ANY OTHER PERSON     2,422        

HAVING KNOWLEDGE OF A PERSON ENGAGED EITHER DIRECTLY OR BY         2,423        

                                                          55     


                                                                 
COMPLICITY IN PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT WITHOUT  2,425        

HAVING FIRST OBTAINED A CERTIFICATE OF REGISTRATION PURSUANT TO    2,426        

THIS CHAPTER, MAY, IN ACCORDANCE WITH PROVISIONS OF THE REVISED    2,427        

CODE GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THE  2,428        

STATE TO ENJOIN ANY PERSON FROM ENGAGING EITHER DIRECTLY OR BY     2,429        

COMPLICITY IN UNLAWFULLY PRACTICING AS AN ANESTHESIOLOGIST         2,431        

ASSISTANT BY APPLYING FOR AN INJUNCTION IN ANY COURT OF COMPETENT  2,432        

JURISDICTION.                                                      2,433        

      PRIOR TO APPLICATION FOR AN INJUNCTION, THE SECRETARY OF     2,435        

THE STATE MEDICAL BOARD SHALL NOTIFY THE PERSON ALLEGEDLY ENGAGED  2,436        

EITHER DIRECTLY OR BY COMPLICITY IN THE UNLAWFUL PRACTICE BY       2,438        

REGISTERED MAIL THAT THE SECRETARY HAS RECEIVED INFORMATION        2,439        

INDICATING THAT THIS PERSON IS SO ENGAGED.  THE PERSON SHALL       2,440        

ANSWER THE SECRETARY WITHIN THIRTY DAYS SHOWING THAT THE PERSON    2,441        

IS EITHER PROPERLY LICENSED FOR THE STATED ACTIVITY OR THAT THE    2,443        

PERSON IS NOT IN VIOLATION OF THIS CHAPTER.  IF THE ANSWER IS NOT  2,446        

FORTHCOMING WITHIN THIRTY DAYS AFTER NOTICE BY THE SECRETARY, THE  2,448        

SECRETARY SHALL REQUEST THAT THE ATTORNEY GENERAL, THE             2,449        

PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE OFFENSE WAS                     

COMMITTED OR THE OFFENDER RESIDES, OR THE STATE MEDICAL BOARD      2,450        

PROCEED AS AUTHORIZED IN THIS SECTION.                             2,451        

      UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT   2,453        

SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME    2,454        

PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER    2,456        

CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE POSITION OF  2,458        

THE PROCEEDING ON THE CALENDAR OF THE COURT.                                    

      INJUNCTION PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN   2,461        

LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS         2,462        

CHAPTER.                                                                        

      Sec. 4760.19.  THE STATE MEDICAL BOARD MAY ADOPT ANY RULES   2,464        

NECESSARY TO GOVERN THE PRACTICE OF ANESTHESIOLOGIST ASSISTANTS,   2,466        

THE SUPERVISORY RELATIONSHIP BETWEEN ANESTHESIOLOGIST ASSISTANTS   2,468        

AND SUPERVISING ANESTHESIOLOGISTS, AND THE ADMINISTRATION AND      2,469        

ENFORCEMENT OF THIS CHAPTER.  RULES ADOPTED UNDER THIS SECTION     2,470        

                                                          56     


                                                                 
SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED    2,471        

CODE.                                                                           

      Sec. 4760.20.  THE STATE MEDICAL BOARD, SUBJECT TO THE       2,473        

APPROVAL OF THE CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS    2,475        

OF THE AMOUNTS SPECIFIED IN THIS CHAPTER, EXCEPT THAT THE FEES     2,478        

MAY NOT EXCEED THE SPECIFIED AMOUNTS BY MORE THAN FIFTY PER CENT.  2,480        

      ALL FEES, PENALTIES, AND OTHER FUNDS RECEIVED BY THE BOARD   2,482        

UNDER THIS CHAPTER SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION   2,483        

4731.24 OF THE REVISED CODE.                                                    

      Sec. 4760.21.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     2,486        

STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT                 

OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE   2,488        

BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE   2,489        

HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT,     2,490        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL     2,491        

DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER.  IF ANY   2,493        

SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR  2,494        

ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR   2,495        

DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE       2,496        

REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND   2,497        

THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE      2,498        

DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY    2,499        

FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT,     2,500        

COMPROMISE, OR SETTLEMENT.  AT NO TIME SHALL THE STATE PAY ANY     2,501        

PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY      2,502        

DAMAGES.                                                                        

      Sec. 4760.99.  (A)  WHOEVER VIOLATES SECTION 4760.02 OF THE  2,504        

REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A   2,506        

FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS GUILTY    2,508        

OF A FELONY OF THE FOURTH DEGREE.                                               

      (B)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      2,511        

SECTION 4760.16 OF THE REVISED CODE IS GUILTY OF A MINOR           2,512        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE     2,513        

PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     2,514        

                                                          57     


                                                                 
THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     2,515        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          2,516        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 2,517        

      Section 2.  That existing sections 4731.051, 4731.07,        2,519        

4731.22, 4731.224, 4731.24, 4731.25, and 4731.35 of the Revised    2,521        

Code are hereby repealed.                                                       

      Section 3.  Section 4760.02 of the Revised Code as enacted   2,523        

by this act shall take effect one year after the effective date    2,524        

of this section.                                                                

      Section 4.  The authority this act grants to the State       2,526        

Medical Board to take disciplinary action under section 4760.13    2,527        

of the Revised Code against a person who has been found eligible   2,528        

for intervention in lieu of conviction extends to a person who,    2,529        

prior to the effective date of Am. Sub. S.B. 107 of the 123rd      2,530        

General Assembly, was found eligible for treatment in lieu of      2,531        

conviction.                                                                     

      Section 5.  This act is hereby declared to be an emergency   2,533        

measure necessary for the immediate preservation of the public     2,534        

peace, health, and safety.  The reason for such necessity is that  2,535        

the authority to regulate the practice of anesthesiologist         2,536        

assistants granted by the act to the State Medical Board will      2,537        

enhance the quality and safety of health care provided to the      2,538        

residents of this state.  Therefore, this act shall go into        2,539        

immediate effect.                                                  2,540