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
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(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
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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
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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
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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
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(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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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