As Reported by House Health, Retirement and Aging Committee     1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


              SENATORS DRAKE-FINGERHUT-SPADA-HAGAN-                9            

   REPRESENTATIVES VAN VYVEN-OLMAN-TERWILLEGER-OGG-R. MILLER-                   

                     DePIERO-SCHURING-PATTON                       10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 4731.051, 4731.07, 4731.091,        13           

                4731.14, 4731.22, 4731.224, 4731.24, 4731.25, and  15           

                4731.35 and to enact sections 4760.01, 4760.02,    16           

                4760.03, 4760.031, 4760.04, 4760.05, 4760.06,                   

                4760.08, 4760.09, 4760.10, 4760.13, 4760.131,      18           

                4760.132, 4760.14, 4760.15, 4760.16, 4760.17,                   

                4760.18, 4760.19, 4760.20, 4760.21, and 4760.99    19           

                of the Revised Code to provide for the regulation  20           

                of anesthesiologist assistants and to declare an                

                emergency.                                         21           




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

      Section 1.  That sections 4731.051, 4731.07, 4731.091,       25           

4731.14, 4731.22, 4731.224, 4731.24, 4731.25, and 4731.35 be       26           

amended and sections 4760.01, 4760.02, 4760.03, 4760.031,          27           

4760.04, 4760.05, 4760.06, 4760.08, 4760.09, 4760.10, 4760.13,     28           

4760.131, 4760.132, 4760.14, 4760.15, 4760.16, 4760.17, 4760.18,   29           

4760.19, 4760.20, 4760.21, and 4760.99 of the Revised Code be      31           

enacted to read as follows:                                                     

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

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

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

each person who performs exposure prone invasive procedures and    46           

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

4760., or 4762. of the Revised Code.  The rules shall define and   49           

                                                          2      


                                                                 
establish requirements for universal blood and body fluid          50           

precautions that include the following:                            51           

      (A)  Appropriate use of hand washing;                        53           

      (B)  Disinfection and sterilization of equipment;            55           

      (C)  Handling and disposal of needles and other sharp        57           

instruments;                                                                    

      (D)  Wearing and disposal of gloves and other protective     59           

garments and devices.                                                           

      Sec. 4731.07.  The state medical board shall keep a record   68           

of its proceedings.  It shall also keep a register of applicants   69           

for certificates of registration issued under this chapter,        70           

Chapter AND CHAPTERS 4730. of the Revised Code, 4760., and         72           

Chapter 4762. of the Revised Code.  The register shall show the    73           

name of the applicant and whether the applicant was granted or     74           

refused a certificate.  With respect to applicants to practice     76           

medicine and surgery or osteopathic medicine and surgery, the      77           

register shall show the name of the institution that granted the   78           

applicant the degree of doctor of medicine or osteopathic                       

medicine.  The books and records of the board shall be             80           

prima-facie evidence of matters therein contained.                 81           

      Sec. 4731.091.  (A)  As used in this section and in section  90           

4731.092 of the Revised Code:                                      91           

      (1)  "Graduate medical education" means education received   93           

through any of the following:                                      94           

      (a)  An internship or residency program conducted in the     96           

United States and accredited by either the accreditation council   97           

for graduate medical education of the American medical             98           

association or the American osteopathic association;               99           

      (b)  A clinical fellowship program conducted in the United   101          

States at an institution with a residency program accredited by    102          

either the accreditation council for graduate medical education    103          

of the American medical association or the American osteopathic    104          

association that is in a clinical field the same as or related to  105          

the clinical field of the fellowship program;                      106          

                                                          3      


                                                                 
      (c)  An internship program conducted in Canada and           108          

accredited by the committee on accreditation of preregistration    109          

physician training programs of the federation of provincial        110          

medical licensing authorities of Canada;                           111          

      (d)  A residency program conducted in Canada and accredited  113          

by either the royal college of physicians and surgeons of Canada   114          

or the college of family physicians of Canada.                     115          

      (2)  "Fifth pathway training" means supervised clinical      117          

training obtained in the United States as a substitute for the     118          

internship or social service requirements of a foreign medical     119          

school.                                                            120          

      (B)  To be eligible for admission to the examination         122          

conducted by the state medical board under section 4731.13 of the  123          

Revised Code, an applicant must meet the medical education and     124          

graduate medical education requirements specified in any one of    125          

the following and any additional requirements of division (C) of   126          

this section:                                                      127          

      (1)  Hold a diploma from a medical school or osteopathic     129          

medical school that, at the time the diploma was issued, was a     130          

medical school accredited by the liaison committee on medical      131          

education or an osteopathic medical school accredited by the       132          

American osteopathic association and have successfully completed   133          

not less than twelve NINE months of graduate medical education or  135          

its equivalent as determined by the board;                         136          

      (2)  Hold certification from the educational commission for  138          

foreign medical graduates and have successfully completed not      139          

less than twelve NINE months of graduate medical education         140          

through the first-year level of graduate medical education or its  142          

equivalent as determined by the board;                             143          

      (3)  Be a qualified graduate of a fifth pathway training     145          

program as recognized by the board under section 4731.092 of the   146          

Revised Code and have successfully completed, subsequent to        147          

completing fifth pathway training, not less than twelve NINE       148          

months of graduate medical education or its equivalent as          150          

                                                          4      


                                                                 
determined by the board.                                           151          

      (C)  If an applicant holding certification from the          153          

educational commission for foreign medical graduates received the  154          

core clinical instruction segment of his THE APPLICANT'S medical   155          

education at an institution in the United States, the board may    157          

require that to be eligible for admission to its examination, the  158          

applicant must have received the instruction at either of the      159          

following:                                                                      

      (1)  An institution that, at the time of the instruction,    161          

was a formal part of or had formal affiliation with a medical      162          

school accredited by the liaison committee on medical education    163          

or an osteopathic medical school accredited by the American        164          

osteopathic association.                                           165          

      (2)  An institution with, at the time of the instruction, a  167          

graduate medical education program accredited by either the        168          

accreditation council for graduate medical education of the        169          

American medical association or the American osteopathic           170          

association that is in a field the same as or related to the core  171          

clinical instruction.                                              172          

      Sec. 4731.14.  (A)  As used in this section, "graduate       181          

medical education" has the same meaning as in section 4731.091 of  182          

the Revised Code.                                                  183          

      (B)  The state medical board shall issue its certificate to  185          

practice medicine and surgery or osteopathic medicine and surgery  186          

as follows:                                                        187          

      (1)  The board shall issue its certificate to each           189          

individual who was admitted to the board's examination by meeting  190          

the educational requirements specified in division (B)(1) or (3)   191          

of section 4731.091 of the Revised Code if the individual passes   193          

the examination and, pays a certificate issuance fee of three      194          

hundred dollars, AND SUBMITS EVIDENCE SATISFACTORY TO THE BOARD    195          

THAT THE INDIVIDUAL HAS SUCCESSFULLY COMPLETED NOT LESS THAN                    

TWELVE MONTHS OF GRADUATE MEDICAL EDUCATION OR ITS EQUIVALENT AS   196          

DETERMINED BY THE BOARD.                                           197          

                                                          5      


                                                                 
      (2)  Except as provided in section 4731.142 of the Revised   199          

Code, the board shall issue its certificate to each individual     201          

who was admitted to the board's examination by meeting the                      

educational requirements specified in division (B)(2) of section   202          

4731.091 of the Revised Code if the individual passes the          203          

examination, pays a certificate issuance fee of three hundred      204          

dollars, submits evidence satisfactory to the board that the       205          

individual has successfully completed not less than twenty-four    206          

months of graduate medical education through the second-year       207          

level of graduate medical education or its equivalent as           208          

determined by the board, and, if the individual passed the         209          

examination prior to completing twenty-four months of graduate     210          

medical education or its equivalent, the individual continues to   211          

meet the moral character requirements for admission to the                      

board's examination.                                               212          

      (C)  Each certificate issued by the board shall be signed    214          

by its president and secretary, and attested by its seal.  The     215          

certificate shall be on a form prescribed by the board and shall   216          

indicate the medical degree held by the individual to whom the     218          

certificate is issued.  If the individual holds the degree of      219          

doctor of medicine, the certificate shall state that the           220          

individual is authorized to practice medicine and surgery                       

pursuant to the laws of this state.  If the individual holds the   221          

degree of doctor of osteopathic medicine, the certificate shall    222          

state that the individual is authorized to practice osteopathic    223          

medicine and surgery pursuant to the laws of this state.  If the   224          

individual holds a medical degree other than the degree of doctor  226          

of medicine or doctor of osteopathic medicine, the certificate     227          

shall indicate the diploma, degree, or other document issued by    228          

the medical school or institution the individual attended and      229          

shall state that the individual is authorized to practice          230          

medicine and surgery pursuant to the laws of this state.           231          

      (D)  The certificate shall be prominently displayed in the   233          

certificate holder's office or place where a major portion of the  235          

                                                          6      


                                                                 
certificate holder's practice is conducted and shall entitle the                

holder to practice either medicine and surgery or osteopathic      236          

medicine and surgery provided the certificate holder maintains     237          

current registration as required by section 4731.281 of the        239          

Revised Code and provided further that such certificate has not    240          

been revoked, suspended, or limited by action of the state         241          

medical board pursuant to this chapter.                                         

      (E)  An affirmative vote of not less than six members of     243          

the board is required for the issuance of a certificate.           244          

      (F)  IF AN INDIVIDUAL RECEIVES AN INITIAL OR RENEWED         246          

TRAINING CERTIFICATE UNDER SECTION 4731.291 OF THE REVISED CODE    247          

AND NOT LATER THAN FOUR MONTHS THEREAFTER APPLIES FOR A            248          

CERTIFICATE UNDER THIS SECTION, THE FEE REQUIRED BY DIVISION       249          

(B)(1) OF THIS SECTION SHALL BE REDUCED BY THE AMOUNT OF THE FEE   250          

PAID FOR THE TRAINING CERTIFICATE.                                              

      Sec. 4731.22.  (A)  The state medical board, by an           260          

affirmative vote of not fewer than six of its members, may revoke  261          

or may refuse to grant a certificate to a person found by the      262          

board to have committed fraud during the administration of the     263          

examination for a certificate to practice or to have committed     265          

fraud, misrepresentation, or deception in applying for or          266          

securing any certificate to practice or certificate of                          

registration issued by the board.                                  267          

      (B)  The board, by an affirmative vote of not fewer than     270          

six members, shall, to the extent permitted by law, limit,         271          

revoke, or suspend an individual's certificate to practice,        273          

refuse to register an individual, refuse to reinstate a            274          

certificate, or reprimand or place on probation the holder of a    276          

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  278          

or certificate of registration to be used by a person, group, or   280          

corporation when the individual concerned is not actually          281          

directing the treatment given;                                     282          

      (2)  Failure to maintain minimal standards applicable to     285          

                                                          7      


                                                                 
the selection or administration of drugs, or failure to employ     286          

acceptable scientific methods in the selection of drugs or other   287          

modalities for treatment of disease;                               288          

      (3)  Selling, giving away, personally furnishing,            290          

prescribing, or administering drugs for other than legal and       291          

legitimate therapeutic purposes or a plea of guilty to, a          292          

judicial finding of guilt of, or a judicial finding of             293          

eligibility for intervention in lieu of conviction of, a           295          

violation of any federal or state law regulating the possession,                

distribution, or use of any drug;                                  296          

      (4)  Willfully betraying a professional confidence.          298          

      For purposes of this division, "willfully betraying a        300          

professional confidence" does not include the making of a report   301          

of an employee's use of a drug of abuse, or a report of a          302          

condition of an employee other than one involving the use of a     303          

drug of abuse, to the employer of the employee as described in     304          

division (B) of section 2305.33 of the Revised Code.  Nothing in   306          

this division affects the immunity from civil liability conferred  308          

by that section upon a physician who makes either type of report   309          

in accordance with division (B) of that section.  As used in this  310          

division, "employee," "employer," and "physician" have the same    311          

meanings as in section 2305.33 of the Revised Code.                312          

      (5)  Making a false, fraudulent, deceptive, or misleading    315          

statement in the solicitation of or advertising for patients; in   317          

relation to the practice of medicine and surgery, osteopathic      318          

medicine and surgery, podiatry, or a limited branch of medicine;   319          

or in securing or attempting to secure any certificate to          321          

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  323          

misleading statement" means a statement that includes a            324          

misrepresentation of fact, is likely to mislead or deceive         325          

because of a failure to disclose material facts, is intended or    326          

is likely to create false or unjustified expectations of           327          

favorable results, or includes representations or implications     328          

                                                          8      


                                                                 
that in reasonable probability will cause an ordinarily prudent    329          

person to misunderstand or be deceived.                            330          

      (6)  A departure from, or the failure to conform to,         332          

minimal standards of care of similar practitioners under the same  333          

or similar circumstances, whether or not actual injury to a        334          

patient is established;                                            335          

      (7)  Representing, with the purpose of obtaining             337          

compensation or other advantage as personal gain or for any other  339          

person, that an incurable disease or injury, or other incurable    340          

condition, can be permanently cured;                               341          

      (8)  The obtaining of, or attempting to obtain, money or     343          

anything of value by fraudulent misrepresentations in the course   344          

of practice;                                                       345          

      (9)  A plea of guilty to, a judicial finding of guilt of,    348          

or a judicial finding of eligibility for intervention in lieu of   349          

conviction for, a felony;                                          350          

      (10)  Commission of an act that constitutes a felony in      352          

this state, regardless of the jurisdiction in which the act was    353          

committed;                                                         354          

      (11)  A plea of guilty to, a judicial finding of guilt of,   357          

or a judicial finding of eligibility for intervention in lieu of   358          

conviction for, a misdemeanor committed in the course of           359          

practice;                                                                       

      (12)  Commission of an act in the course of practice that    361          

constitutes a misdemeanor in this state, regardless of the         363          

jurisdiction in which the act was committed;                       364          

      (13)  A plea of guilty to, a judicial finding of guilt of,   367          

or a judicial finding of eligibility for intervention in lieu of   368          

conviction for, a misdemeanor involving moral turpitude;           369          

      (14)  Commission of an act involving moral turpitude that    371          

constitutes a misdemeanor in this state, regardless of the         373          

jurisdiction in which the act was committed;                       374          

      (15)  Violation of the conditions of limitation placed by    376          

the board upon a certificate to practice;                          377          

                                                          9      


                                                                 
      (16)  Failure to pay license renewal fees specified in this  379          

chapter;                                                           380          

      (17)  Except as authorized in section 4731.31 of the         382          

Revised Code, engaging in the division of fees for referral of     384          

patients, or the receiving of a thing of value in return for a     385          

specific referral of a patient to utilize a particular service or  386          

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       388          

violation of any provision of a code of ethics of the American     390          

medical association, the American osteopathic association, the     391          

American podiatric medical association, or any other national      392          

professional organizations that the board specifies by rule.  The  394          

state medical board shall obtain and keep on file current copies   395          

of the codes of ethics of the various national professional        396          

organizations.  The individual whose certificate is being          397          

suspended or revoked shall not be found to have violated any       399          

provision of a code of ethics of an organization not appropriate   400          

to the individual's profession.                                    401          

      For purposes of this division, a "provision of a code of     404          

ethics of a national professional organization" does not include   405          

any provision that would preclude the making of a report by a      406          

physician of an employee's use of a drug of abuse, or of a         407          

condition of an employee other than one involving the use of a     408          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   410          

this division affects the immunity from civil liability conferred  411          

by that section upon a physician who makes either type of report   412          

in accordance with division (B) of that section.  As used in this  413          

division, "employee," "employer," and "physician" have the same    414          

meanings as in section 2305.33 of the Revised Code.                415          

      (19)  Inability to practice according to acceptable and      417          

prevailing standards of care by reason of mental illness or        418          

physical illness, including, but not limited to, physical          419          

deterioration that adversely affects cognitive, motor, or          420          

                                                          10     


                                                                 
perceptive skills.                                                 421          

      In enforcing this division, the board, upon a showing of a   424          

possible violation, may compel any individual authorized to        425          

practice by this chapter or who has submitted an application       427          

pursuant to this chapter to submit to a mental examination,        429          

physical examination, including an HIV test, or both a mental and  431          

a physical examination.  The expense of the examination is the     433          

responsibility of the individual compelled to be examined.         434          

Failure to submit to a mental or physical examination or consent   435          

to an HIV test ordered by the board constitutes an admission of    436          

the allegations against the individual unless the failure is due   438          

to circumstances beyond the individual's control, and a default    439          

and final order may be entered without the taking of testimony or  440          

presentation of evidence.  If the board finds an individual        441          

unable to practice because of the reasons set forth in this        443          

division, the board shall require the individual to submit to      444          

care, counseling, or treatment by physicians approved or           445          

designated by the board, as a condition for initial, continued,    446          

reinstated, or renewed authority to practice.  An individual       448          

affected under this division shall be afforded an opportunity to   450          

demonstrate to the board the ability to resume practice in         451          

compliance with acceptable and prevailing standards under the      452          

provisions of the individual's certificate.  For the purpose of    454          

this division, any individual who applies for or receives a        455          

certificate to practice under this chapter accepts the privilege   456          

of practicing in this state and, by so doing, shall be deemed to   459          

have given consent to submit to a mental or physical examination   460          

when directed to do so in writing by the board, and to have        461          

waived all objections to the admissibility of testimony or         462          

examination reports that constitute a privileged communication.    463          

      (20)  Except when civil penalties are imposed under section  465          

4731.225 or 4731.281 of the Revised Code, and subject to section   466          

4731.226 of the Revised Code, violating or attempting to violate,  468          

directly or indirectly, or assisting in or abetting the violation  469          

                                                          11     


                                                                 
of, or conspiring to violate, any provisions of this chapter or    470          

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     472          

violation of, assisting in or abetting the violation of, or a      473          

conspiracy to violate, any provision of this chapter or any rule   474          

adopted by the board that would preclude the making of a report    477          

by a physician of an employee's use of a drug of abuse, or of a    478          

condition of an employee other than one involving the use of a     479          

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

division (B) of section 2305.33 of the Revised Code.  Nothing in   481          

this division affects the immunity from civil liability conferred  482          

by that section upon a physician who makes either type of report   483          

in accordance with division (B) of that section.  As used in this  484          

division, "employee," "employer," and "physician" have the same    485          

meanings as in section 2305.33 of the Revised Code.                486          

      (21)  The violation of any abortion rule adopted by the      488          

public health council pursuant to section 3701.341 of the Revised  489          

Code;                                                              490          

      (22)  Any of the following actions taken by the agency       492          

responsible for regulating the practice of medicine and surgery,   493          

osteopathic medicine and surgery, podiatry, or the limited         494          

branches of medicine in another jurisdiction, for any reason       495          

other than the nonpayment of fees:  the limitation, revocation,    497          

or suspension of an individual's license to practice; acceptance   498          

of an individual's license surrender; denial of a license;         499          

refusal to renew or reinstate a license; imposition of probation;  501          

or issuance of an order of censure or other reprimand;             502          

      (23)  The violation of section 2919.12 of the Revised Code   504          

or the performance or inducement of an abortion upon a pregnant    505          

woman with actual knowledge that the conditions specified in       506          

division (B) of section 2317.56 of the Revised Code have not been  507          

satisfied or with a heedless indifference as to whether those      508          

conditions have been satisfied, unless an affirmative defense as   509          

specified in division (H)(2) of that section would apply in a      510          

                                                          12     


                                                                 
civil action authorized by division (H)(1) of that section;        511          

      (24)  The revocation, suspension, restriction, reduction,    513          

or termination of clinical privileges by the United States         515          

department of defense or department of veterans affairs or the     517          

termination or suspension of a certificate of registration to      518          

prescribe drugs by the drug enforcement administration of the      519          

United States department of justice;                               520          

      (25)  Termination or suspension from participation in the    522          

medicare or medicaid programs by the department of health and      524          

human services or other responsible agency for any act or acts     525          

that also would constitute a violation of division (B)(2), (3),    526          

(6), (8), or (19) of this section;                                 527          

      (26)  Impairment of ability to practice according to         529          

acceptable and prevailing standards of care because of habitual    530          

or excessive use or abuse of drugs, alcohol, or other substances   531          

that impair ability to practice.                                   532          

      For the purposes of this division, any individual            534          

authorized to practice by this chapter accepts the privilege of    536          

practicing in this state subject to supervision by the board.  By  537          

filing an application for or holding a certificate to practice     540          

under this chapter, an individual shall be deemed to have given    542          

consent to submit to a mental or physical examination when         543          

ordered to do so by the board in writing, and to have waived all   544          

objections to the admissibility of testimony or examination        545          

reports that constitute privileged communications.                 546          

      If it has reason to believe that any individual authorized   548          

to practice by this chapter or any applicant for certification to  550          

practice suffers such impairment, the board may compel the         551          

individual to submit to a mental or physical examination, or       552          

both.  The expense of the examination is the responsibility of     554          

the individual compelled to be examined.  Any mental or physical   556          

examination required under this division shall be undertaken by a  557          

treatment provider or physician who is qualified to conduct the    558          

examination and who is chosen by the board.                        559          

                                                          13     


                                                                 
      Failure to submit to a mental or physical examination        562          

ordered by the board constitutes an admission of the allegations   563          

against the individual unless the failure is due to circumstances  564          

beyond the individual's control, and a default and final order     565          

may be entered without the taking of testimony or presentation of  566          

evidence.  If the board determines that the individual's ability   567          

to practice is impaired, the board shall suspend the individual's  568          

certificate or deny the individual's application and shall         569          

require the individual, as a condition for initial, continued,     570          

reinstated, or renewed certification to practice, to submit to     572          

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        574          

certificate suspended under this division, the impaired            576          

practitioner shall demonstrate to the board the ability to resume  578          

practice in compliance with acceptable and prevailing standards    579          

of care under the provisions of the practitioner's certificate.    580          

The demonstration shall include, but shall not be limited to, the  582          

following:                                                                      

      (a)  Certification from a treatment provider approved under  584          

section 4731.25 of the Revised Code that the individual has        586          

successfully completed any required inpatient treatment;           587          

      (b)  Evidence of continuing full compliance with an          589          

aftercare contract or consent agreement;                           590          

      (c)  Two written reports indicating that the individual's    592          

ability to practice has been assessed and that the individual has  593          

been found capable of practicing according to acceptable and       594          

prevailing standards of care.  The reports shall be made by        595          

individuals or providers approved by the board for making the      596          

assessments and shall describe the basis for their determination.  597          

      The board may reinstate a certificate suspended under this   600          

division after that demonstration and after the individual has     601          

entered into a written consent agreement.                          602          

      When the impaired practitioner resumes practice, the board   604          

shall require continued monitoring of the individual.  The         606          

                                                          14     


                                                                 
monitoring shall include, but not be limited to, compliance with   608          

the written consent agreement entered into before reinstatement    609          

or with conditions imposed by board order after a hearing, and,    610          

upon termination of the consent agreement, submission to the       611          

board for at least two years of annual written progress reports    612          

made under penalty of perjury stating whether the individual has   613          

maintained sobriety.                                               614          

      (27)  A second or subsequent violation of section 4731.66    616          

or 4731.69 of the Revised Code;                                    617          

      (28)  Except as provided in division (N) of this section:    619          

      (a)  Waiving the payment of all or any part of a deductible  622          

or copayment that a patient, pursuant to a health insurance or     623          

health care policy, contract, or plan that covers the              624          

individual's services, otherwise would be required to pay if the   626          

waiver is used as an enticement to a patient or group of patients  627          

to receive health care services from that individual;              628          

      (b)  Advertising that the individual will waive the payment  631          

of all or any part of a deductible or copayment that a patient,    632          

pursuant to a health insurance or health care policy, contract,    633          

or plan that covers the individual's services, otherwise would be  635          

required to pay.                                                   636          

      (29)  Failure to use universal blood and body fluid          638          

precautions established by rules adopted under section 4731.051    639          

of the Revised Code;                                               640          

      (30)  Failure of a collaborating physician to fulfill the    643          

responsibilities agreed to by the physician and an advanced        645          

practice nurse participating in a pilot program under section      646          

4723.52 of the Revised Code;                                                    

      (31)  Failure to provide notice to, and receive              648          

acknowledgment of the notice from, a patient when required by      650          

section 4731.143 of the Revised Code prior to providing            651          

nonemergency professional services, or failure to maintain that    652          

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         654          

                                                          15     


                                                                 
assistant to maintain supervision in accordance with the           655          

requirements of Chapter 4730. of the Revised Code and the rules    656          

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to enter into a   658          

standard care arrangement with a clinical nurse specialist,        659          

certified nurse-midwife, or certified nurse practitioner with      660          

whom the physician or podiatrist is in collaboration pursuant to   661          

section 4731.27 of the Revised Code or failure to fulfill the      662          

responsibilities of collaboration after entering into a standard   663          

care arrangement;                                                               

      (34)  Failure to comply with the terms of a consult          665          

agreement entered into with a pharmacist pursuant to section       666          

4729.39 of the Revised Code;                                       667          

      (35)  Failure to cooperate in an investigation conducted by  669          

the board under division (F) of this section, including failure    671          

to comply with a subpoena or order issued by the board or failure  672          

to answer truthfully a question presented by the board at a        673          

deposition or in written interrogatories, except that failure to   674          

cooperate with an investigation shall not constitute grounds for   675          

discipline under this section if a court of competent              676          

jurisdiction has issued an order that either quashes a subpoena    677          

or permits the individual to withhold the testimony or evidence    678          

in issue;                                                                       

      (36)  Failure to supervise an acupuncturist in accordance    680          

with Chapter 4762. of the Revised Code and the board's rules for   681          

supervision of an acupuncturist;                                   682          

      (37)  FAILURE TO SUPERVISE AN ANESTHESIOLOGIST ASSISTANT IN  684          

ACCORDANCE WITH CHAPTER 4760. OF THE REVISED CODE AND THE BOARD'S  685          

RULES FOR SUPERVISION OF AN ANESTHESIOLOGIST ASSISTANT.            686          

      (C)  Disciplinary actions taken by the board under           688          

divisions (A) and (B) of this section shall be taken pursuant to   689          

an adjudication under Chapter 119. of the Revised Code, except     690          

that in lieu of an adjudication, the board may enter into a        691          

consent agreement with an individual to resolve an allegation of   692          

                                                          16     


                                                                 
a violation of this chapter or any rule adopted under it.  A       693          

consent agreement, when ratified by an affirmative vote of not     694          

fewer than six members of the board, shall constitute the          695          

findings and order of the board with respect to the matter         696          

addressed in the agreement.  If the board refuses to ratify a      697          

consent agreement, the admissions and findings contained in the    698          

consent agreement shall be of no force or effect.                  699          

      (D)  For purposes of divisions (B)(10), (12), and (14) of    701          

this section, the commission of the act may be established by a    702          

finding by the board, pursuant to an adjudication under Chapter    704          

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

The board does not have jurisdiction under those divisions if the  707          

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

and that judgment is based upon an adjudication on the merits.     710          

The board has jurisdiction under those divisions if the trial      711          

court issues an order of dismissal upon technical or procedural    712          

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    714          

have no effect upon a prior board order entered under this         715          

section or upon the board's jurisdiction to take action under      716          

this section if, based upon a plea of guilty, a judicial finding   718          

of guilt, or a judicial finding of eligibility for intervention    719          

in lieu of conviction, the board issued a notice of opportunity    720          

for a hearing prior to the court's order to seal the records.      721          

The board shall not be required to seal, destroy, redact, or       722          

otherwise modify its records to reflect the court's sealing of     723          

conviction records.                                                724          

      (F)(1)  The board shall investigate evidence that appears    726          

to show that a person has violated any provision of this chapter   728          

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  730          

appears to show a violation of any provision of this chapter or    731          

any rule adopted under it.  In the absence of bad faith, any       733          

person who reports information of that nature or who testifies                  

                                                          17     


                                                                 
before the board in any adjudication conducted under Chapter 119.  735          

of the Revised Code shall not be liable in damages in a civil      736          

action as a result of the report or testimony.  Each complaint or  738          

allegation of a violation received by the board shall be assigned  739          

a case number and shall be recorded by the board.                  740          

      (2)  Investigations of alleged violations of this chapter    742          

or any rule adopted under it shall be supervised by the            744          

supervising member elected by the board in accordance with         745          

section 4731.02 of the Revised Code and by the secretary as        746          

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         748          

investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         750          

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   753          

or any rule adopted under this chapter, the board may administer   755          

oaths, order the taking of depositions, issue subpoenas, and       756          

compel the attendance of witnesses and production of books,        757          

accounts, papers, records, documents, and testimony, except that   758          

a subpoena for patient record information shall not be issued      759          

without consultation with the attorney general's office and        760          

approval of the secretary and supervising member of the board.     762          

Before issuance of a subpoena for patient record information, the  763          

secretary and supervising member shall determine whether there is  766          

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    767          

the records sought are relevant to the alleged violation and       769          

material to the investigation.  The subpoena may apply only to     770          

records that cover a reasonable period of time surrounding the     771          

alleged violation.                                                 772          

      On failure to comply with any subpoena issued by the board   775          

and after reasonable notice to the person being subpoenaed, the    776          

board may move for an order compelling the production of persons   777          

or records pursuant to the Rules of Civil Procedure.               778          

                                                          18     


                                                                 
      A subpoena issued by the board may be served by a sheriff,   780          

the sheriff's deputy, or a board employee designated by the        781          

board.  Service of a subpoena issued by the board may be made by   783          

delivering a copy of the subpoena to the person named therein,     784          

reading it to the person, or leaving it at the person's usual      785          

place of residence.  When the person being served is a person      786          

whose practice is authorized by this chapter, service of the       787          

subpoena may be made by certified mail, restricted delivery,       788          

return receipt requested, and the subpoena shall be deemed served  789          

on the date delivery is made or the date the person refuses to     790          

accept delivery.                                                                

      A sheriff's deputy who serves a subpoena shall receive the   792          

same fees as a sheriff.  Each witness who appears before the       794          

board in obedience to a subpoena shall receive the fees and        796          

mileage provided for witnesses in civil cases in the courts of     797          

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   799          

considered civil actions for the purposes of section 2305.251 of   800          

the Revised Code.                                                  801          

      (5)  Information received by the board pursuant to an        803          

investigation is confidential and not subject to discovery in any  804          

civil action.                                                      805          

      The board shall conduct all investigations and proceedings   807          

in a manner that protects the confidentiality of patients and      809          

persons who file complaints with the board.  The board shall not   811          

make public the names or any other identifying information about   812          

patients or complainants unless proper consent is given or, in     813          

the case of a patient, a waiver of the patient privilege exists    814          

under division (B) of section 2317.02 of the Revised Code, except  815          

that consent or a waiver of that nature is not required if the     816          

board possesses reliable and substantial evidence that no bona     818          

fide physician-patient relationship exists.                        819          

      The board may share any information it receives pursuant to  822          

an investigation, including patient records and patient record     823          

                                                          19     


                                                                 
information, with law enforcement agencies, other licensing        825          

boards, and other governmental agencies that are prosecuting,      827          

adjudicating, or investigating alleged violations of statutes or   828          

administrative rules.  An agency or board that receives the        829          

information shall comply with the same requirements regarding      830          

confidentiality as those with which the state medical board must   831          

comply, notwithstanding any conflicting provision of the Revised   832          

Code or procedure of the agency or board that applies when it is   833          

dealing with other information in its possession.  In a judicial   834          

proceeding, the information may be admitted into evidence only in  837          

accordance with the Rules of Evidence, but the court shall         838          

require that appropriate measures are taken to ensure that         839          

confidentiality is maintained with respect to any part of the      840          

information that contains names or other identifying information   841          

about patients or complainants whose confidentiality was           842          

protected by the state medical board when the information was in   843          

the board's possession.  Measures to ensure confidentiality that   844          

may be taken by the court include sealing its records or deleting               

specific information from its records.                             846          

      (6)  On a quarterly basis, the board shall prepare a report  848          

that documents the disposition of all cases during the preceding   849          

three months.  The report shall contain the following information  850          

for each case with which the board has completed its activities:   851          

      (a)  The case number assigned to the complaint or alleged    853          

violation;                                                         854          

      (b)  The type of certificate to practice, if any, held by    857          

the individual against whom the complaint is directed;             858          

      (c)  A description of the allegations contained in the       860          

complaint;                                                         861          

      (d)  The disposition of the case.                            863          

      The report shall state how many cases are still pending and  866          

shall be prepared in a manner that protects the identity of each   868          

person involved in each case.  The report shall be a public        869          

record under section 149.43 of the Revised Code.                                

                                                          20     


                                                                 
      (G)  If the secretary and supervising member determine that  871          

there is clear and convincing evidence that an individual has      873          

violated division (B) of this section and that the individual's    874          

continued practice presents a danger of immediate and serious      876          

harm to the public, they may recommend that the board suspend the  877          

individual's certificate to practice without a prior hearing.      879          

Written allegations shall be prepared for consideration by the                  

board.                                                             880          

      The board, upon review of those allegations and by an        882          

affirmative vote of not fewer than six of its members, excluding   884          

the secretary and supervising member, may suspend a certificate    885          

without a prior hearing.  A telephone conference call may be       886          

utilized for reviewing the allegations and taking the vote on the  887          

summary suspension.                                                888          

      The board shall issue a written order of suspension by       890          

certified mail or in person in accordance with section 119.07 of   891          

the Revised Code.  The order shall not be subject to suspension    893          

by the court during pendency of any appeal filed under section     894          

119.12 of the Revised Code.  If the individual subject to the      896          

summary suspension requests an adjudicatory hearing by the board,  897          

the date set for the hearing shall be within fifteen days, but     898          

not earlier than seven days, after the individual requests the     900          

hearing, unless otherwise agreed to by both the board and the      901          

individual.                                                                     

      Any summary suspension imposed under this division shall     903          

remain in effect, unless reversed on appeal, until a final         904          

adjudicative order issued by the board pursuant to this section    905          

and Chapter 119. of the Revised Code becomes effective.  The       906          

board shall issue its final adjudicative order within sixty days   907          

after completion of its hearing.  A failure to issue the order     908          

within sixty days shall result in dissolution of the summary       909          

suspension order but shall not invalidate any subsequent, final    910          

adjudicative order.                                                911          

      (H)  If the board takes action under division (B)(9), (11),  914          

                                                          21     


                                                                 
or (13) of this section and the judicial finding of guilt, guilty  915          

plea, or judicial finding of eligibility for intervention in lieu  916          

of conviction is overturned on appeal, upon exhaustion of the      919          

criminal appeal, a petition for reconsideration of the order may   920          

be filed with the board along with appropriate court documents.    921          

Upon receipt of a petition of that nature and supporting court     922          

documents, the board shall reinstate the individual's certificate  923          

to practice.  The board may then hold an adjudication under        924          

Chapter 119. of the Revised Code to determine whether the          925          

individual committed the act in question.  Notice of an            927          

opportunity for a hearing shall be given in accordance with        928          

Chapter 119. of the Revised Code.  If the board finds, pursuant    929          

to an adjudication held under this division, that the individual   930          

committed the act or if no hearing is requested, the board may     932          

order any of the sanctions identified under division (B) of this   933          

section.                                                                        

      (I)  The certificate to practice issued to an individual     935          

under this chapter and the individual's practice in this state     937          

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      939          

subject to a judicial finding of eligibility for intervention in   940          

lieu of conviction in this state or treatment or intervention in   941          

lieu of conviction in another jurisdiction for any of the          943          

following criminal offenses in this state or a substantially       945          

equivalent criminal offense in another jurisdiction: aggravated                 

murder, murder, voluntary manslaughter, felonious assault,         947          

kidnapping, rape, sexual battery, gross sexual imposition,         948          

aggravated arson, aggravated robbery, or aggravated burglary.      949          

Continued practice after suspension shall be considered            950          

practicing without a certificate.                                  951          

      The board shall notify the individual subject to the         954          

suspension by certified mail or in person in accordance with       955          

section 119.07 of the Revised Code.  If an individual whose        956          

certificate is suspended under this division fails to make a       957          

                                                          22     


                                                                 
timely request for an adjudication under Chapter 119. of the       958          

Revised Code, the board shall enter a final order permanently      959          

revoking the individual's certificate to practice.                 960          

      (J)  If the board is required by Chapter 119. of the         963          

Revised Code to give notice of an opportunity for a hearing and    964          

if the individual subject to the notice does not timely request a  965          

hearing in accordance with section 119.07 of the Revised Code,     967          

the board is not required to hold a hearing, but may adopt, by an  968          

affirmative vote of not fewer than six of its members, a final     970          

order that contains the board's findings.  In that final order,    971          

the board may order any of the sanctions identified under          972          

division (A) or (B) of this section.                               973          

      (K)  Any action taken by the board under division (B) of     975          

this section resulting in a suspension from practice shall be      976          

accompanied by a written statement of the conditions under which   977          

the individual's certificate to practice may be reinstated.  The   979          

board shall adopt rules governing conditions to be imposed for     980          

reinstatement.  Reinstatement of a certificate suspended pursuant  981          

to division (B) of this section requires an affirmative vote of    982          

not fewer than six members of the board.                           983          

      (L)  When the board refuses to grant a certificate to an     986          

applicant, revokes an individual's certificate to practice,        988          

refuses to register an applicant, or refuses to reinstate an       989          

individual's certificate to practice, the board may specify that   990          

its action is permanent.  An individual subject to a permanent     991          

action taken by the board is forever thereafter ineligible to      992          

hold a certificate to practice and the board shall not accept an   993          

application for reinstatement of the certificate or for issuance   994          

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      996          

Code, all of the following apply:                                  997          

      (1)  The surrender of a certificate issued under this        999          

chapter shall not be effective unless or until accepted by the     1,001        

board.  Reinstatement of a certificate surrendered to the board    1,002        

                                                          23     


                                                                 
requires an affirmative vote of not fewer than six members of the  1,003        

board.                                                                          

      (2)  An application for a certificate made under the         1,006        

provisions of this chapter may not be withdrawn without approval   1,008        

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      1,011        

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     1,013        

under this section against the individual.                         1,014        

      (N)  Sanctions shall not be imposed under division (B)(28)   1,017        

of this section against any person who waives deductibles and      1,018        

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         1,020        

expressly allows such a practice.  Waiver of the deductibles or    1,021        

copayments shall be made only with the full knowledge and consent  1,022        

of the plan purchaser, payer, and third-party administrator.       1,023        

Documentation of the consent shall be made available to the board  1,024        

upon request.                                                                   

      (2)  For professional services rendered to any other person  1,026        

authorized to practice pursuant to this chapter, to the extent     1,028        

allowed by this chapter and rules adopted by the board.            1,029        

      (O)  Under the board's investigative duties described in     1,031        

this section and subject to division (F) of this section, the      1,033        

board shall develop and implement a quality intervention program   1,035        

designed to improve through remedial education the clinical and    1,037        

communication skills of individuals authorized under this chapter  1,038        

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry.  In developing and implementing the         1,040        

quality intervention program, the board may do all of the          1,041        

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   1,043        

an educational and assessment program pursuant to an               1,044        

investigation the board conducts under this section;               1,045        

      (2)  Select providers of educational and assessment          1,047        

                                                          24     


                                                                 
services, including a quality intervention program panel of case   1,048        

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    1,051        

providers and approve individual educational programs recommended  1,052        

by those providers.  The board shall monitor the progress of each  1,053        

individual undertaking a recommended individual educational        1,054        

program.                                                           1,055        

      (4)  Determine what constitutes successful completion of an  1,057        

individual educational program and require further monitoring of   1,058        

the individual who completed the program or other action that the  1,060        

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      1,062        

Revised Code to further implement the quality intervention         1,064        

program.                                                                        

      An individual who participates in an individual educational  1,067        

program pursuant to this division shall pay the financial          1,068        

obligations arising from that educational program.                 1,069        

      Sec. 4731.224.  (A)  Within sixty days after the imposition  1,079        

of any formal disciplinary action taken by any health care         1,080        

facility, including a hospital, health care facility operated by   1,081        

a health insuring corporation, ambulatory surgical center, or      1,082        

similar facility, against any individual holding a valid           1,084        

certificate to practice issued pursuant to this chapter, the       1,085        

chief administrator or executive officer of the facility shall     1,086        

report to the state medical board the name of the individual, the  1,088        

action taken by the facility, and a summary of the underlying      1,089        

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

be provided certified copies of the patient records that were the  1,091        

basis for the facility's action.  Prior to release to the board,   1,092        

the summary shall be approved by the peer review committee that    1,093        

reviewed the case or by the governing board of the facility.  As   1,095        

used in this division, "formal disciplinary action" means any      1,096        

action resulting in the revocation, restriction, reduction, or     1,098        

termination of clinical privileges for violations of professional  1,099        

                                                          25     


                                                                 
ethics, or for reasons of medical incompetence, medical            1,100        

malpractice, or drug or alcohol abuse.  "Formal disciplinary       1,101        

action" includes a summary action, an action that takes effect     1,102        

notwithstanding any appeal rights that may exist, and an action    1,103        

that results in an individual surrendering clinical privileges     1,104        

while under investigation and during proceedings regarding the     1,105        

action being taken or in return for not being investigated or      1,106        

having proceedings held.  "Formal disciplinary action" does not    1,107        

include any action taken for the sole reason of failure to         1,109        

maintain records on a timely basis or failure to attend staff or   1,110        

section meetings.                                                               

      The filing or nonfiling of a report with the board,          1,112        

investigation by the board, or any disciplinary action taken by    1,113        

the board, shall not preclude any action by a health care          1,114        

facility to suspend, restrict, or revoke the individual's          1,116        

clinical privileges.                                                            

      In the absence of fraud or bad faith, no individual or       1,118        

entity that provides patient records to the board shall be liable  1,119        

in damages to any person as a result of providing the records.     1,120        

      (B)  If any individual authorized to practice under this     1,123        

chapter or any professional association or society of such         1,124        

individuals believes that a violation of any provision of this     1,125        

chapter, Chapter 4730., 4760., or 4762. of the Revised Code, or    1,126        

any rule of the board has occurred, the individual, association,   1,129        

or society shall report to the board the information upon which    1,131        

the belief is based.  This division does not require any                        

treatment provider approved by the board under section 4731.25 of  1,132        

the Revised Code or any employee, agent, or representative of      1,133        

such a provider to make reports with respect to an impaired        1,134        

practitioner participating in treatment or aftercare for           1,135        

substance abuse as long as the practitioner maintains              1,137        

participation in accordance with the requirements of section       1,138        

4731.25 of the Revised Code, and as long as the treatment          1,139        

provider or employee, agent, or representative of the provider     1,140        

                                                          26     


                                                                 
has no reason to believe that the practitioner has violated any    1,141        

provision of this chapter or any rule adopted under it, other      1,142        

than the provisions of division (B)(26) of section 4731.22 of the  1,144        

Revised Code.  This division does not require reporting by any     1,145        

member of an impaired practitioner committee established by a      1,146        

health care facility or by any representative or agent of a        1,147        

committee or program sponsored by a professional association or    1,148        

society of individuals authorized to practice under this chapter   1,149        

to provide peer assistance to practitioners with substance abuse   1,151        

problems with respect to a practitioner who has been referred for  1,152        

examination to a treatment program approved by the board under     1,153        

section 4731.25 of the Revised Code if the practitioner            1,154        

cooperates with the referral for examination and with any          1,155        

determination that the practitioner should enter treatment and as  1,157        

long as the committee member, representative, or agent has no      1,158        

reason to believe that the practitioner has ceased to participate  1,159        

in the treatment program in accordance with section 4731.25 of     1,160        

the Revised Code or has violated any provision of this chapter or  1,161        

any rule adopted under it, other than the provisions of division   1,164        

(B)(26) of section 4731.22 of the Revised Code.                                 

      (C)  Any professional association or society composed        1,166        

primarily of doctors of medicine and surgery, doctors of           1,168        

osteopathic medicine and surgery, doctors of podiatry, or          1,169        

practitioners of limited branches of medicine that suspends or     1,170        

revokes an individual's membership for violations of professional  1,172        

ethics, or for reasons of professional incompetence or             1,173        

professional malpractice, within sixty days after a final          1,174        

decision shall report to the board, on forms prescribed and        1,175        

provided by the board, the name of the individual, the action      1,176        

taken by the professional organization, and a summary of the       1,177        

underlying facts leading to the action taken.                      1,178        

      The filing of a report with the board or decision not to     1,180        

file a report, investigation by the board, or any disciplinary     1,181        

action taken by the board, does not preclude a professional        1,182        

                                                          27     


                                                                 
organization from taking disciplinary action against an            1,183        

individual.                                                                     

      (D)  Any insurer providing professional liability insurance  1,185        

to an individual authorized to practice under this chapter, or     1,187        

any other entity that seeks to indemnify the professional          1,188        

liability of such an individual, shall notify the board within     1,189        

thirty days after the final disposition of any written claim for   1,190        

damages where such disposition results in a payment exceeding      1,191        

twenty-five thousand dollars.  The notice shall contain the        1,192        

following information:                                             1,193        

      (1)  The name and address of the person submitting the       1,195        

notification;                                                      1,196        

      (2)  The name and address of the insured who is the subject  1,198        

of the claim;                                                      1,199        

      (3)  The name of the person filing the written claim;        1,201        

      (4)  The date of final disposition;                          1,203        

      (5)  If applicable, the identity of the court in which the   1,205        

final disposition of the claim took place.                         1,206        

      (E)  The board may investigate possible violations of this   1,208        

chapter or the rules adopted under it that are brought to its      1,209        

attention as a result of the reporting requirements of this        1,212        

section, except that the board shall conduct an investigation if   1,213        

a possible violation involves repeated malpractice.  As used in    1,215        

this division, "repeated malpractice" means three or more claims   1,216        

for medical malpractice within the previous five-year period,      1,217        

each resulting in a judgment or settlement in excess of                         

twenty-five thousand dollars in favor of the claimant, and each    1,218        

involving negligent conduct by the practicing individual.          1,220        

      (F)  All summaries, reports, and records received and        1,222        

maintained by the board pursuant to this section shall be held in  1,223        

confidence and shall not be subject to discovery or introduction   1,224        

in evidence in any federal or state civil action involving a       1,225        

health care professional or facility arising out of matters that   1,227        

are the subject of the reporting required by this section.  The    1,228        

                                                          28     


                                                                 
board may use the information obtained only as the basis for an    1,229        

investigation, as evidence in a disciplinary hearing against an    1,230        

individual whose practice is regulated under this chapter, or in   1,231        

any subsequent trial or appeal of a board action or order.         1,233        

      The board may disclose the summaries and reports it          1,236        

receives under this section only to health care facility           1,237        

committees within or outside this state that are involved in       1,238        

credentialing or recredentialing the individual or in reviewing    1,239        

the individual's clinical privileges.  The board shall indicate    1,240        

whether or not the information has been verified.  Information     1,241        

transmitted by the board shall be subject to the same              1,242        

confidentiality provisions as when maintained by the board.        1,243        

      (G)  Except for reports filed by an individual pursuant to   1,246        

division (B) of this section, the board shall send a copy of any   1,247        

reports or summaries it receives pursuant to this section to the   1,248        

individual who is the subject of the reports or summaries.  The    1,250        

individual shall have the right to file a statement with the       1,251        

board concerning the correctness or relevance of the information.  1,252        

The statement shall at all times accompany that part of the        1,253        

record in contention.                                              1,254        

      (H)  An individual or entity that, pursuant to this          1,257        

section, reports to the board or refers an impaired practitioner   1,258        

to a treatment provider approved by the board under section        1,259        

4731.25 of the Revised Code shall not be subject to suit for       1,260        

civil damages as a result of the report, referral, or provision    1,262        

of the information.                                                             

      (I)  In the absence of fraud or bad faith, no professional   1,264        

association or society of individuals authorized to practice       1,265        

under this chapter that sponsors a committee or program to         1,267        

provide peer assistance to practitioners with substance abuse      1,268        

problems, no representative or agent of such a committee or        1,269        

program, and no member of the state medical board shall be held    1,270        

liable in damages to any person by reason of actions taken to      1,271        

refer a practitioner to a treatment provider approved under        1,272        

                                                          29     


                                                                 
section 4731.25 of the Revised Code for examination or treatment.  1,273        

      Sec. 4731.24.  Except as provided in sections 4731.281 and   1,283        

4731.40 of the Revised Code, all receipts of the state medical     1,284        

board, from any source, shall be deposited in the state treasury.  1,285        

Until July 1, 1998, the funds shall be deposited to the credit of  1,286        

the occupational licensing and regulatory fund.  On and after      1,287        

July 1, 1998, the funds shall be deposited to the credit of the    1,288        

state medical board operating fund, which is hereby created on     1,289        

July 1, 1998.  All funds deposited into the state treasury under   1,290        

this section shall be used solely for the administration and       1,291        

enforcement of this chapter and Chapters 4730., 4760., and 4762.   1,293        

of the Revised Code by the board.                                               

      Sec. 4731.25.  The state medical board, in accordance with   1,302        

Chapter 119. of the Revised Code, shall adopt and may amend and    1,303        

rescind rules establishing standards for approval of physicians    1,304        

and facilities as treatment providers for impaired practitioners   1,305        

who are regulated under this chapter or Chapter 4730., 4760., or   1,307        

4762. of the Revised Code.  The rules shall include standards for  1,308        

both inpatient and outpatient treatment.  The rules shall provide  1,309        

that in order to be approved, a treatment provider must have the   1,310        

capability of making an initial examination to determine what      1,311        

type of treatment an impaired practitioner requires.  Subject to   1,312        

the rules, the board shall review and approve treatment providers  1,313        

on a regular basis.  The board, at its discretion, may withdraw    1,314        

or deny approval subject to the rules.                             1,315        

      An approved impaired practitioner treatment provider shall:  1,317        

      (A)  Report to the board the name of any practitioner        1,319        

suffering or showing evidence of suffering impairment as           1,320        

described in division (B)(5) of section 4730.25 of the Revised     1,322        

Code, division (B)(26) of section 4731.22 of the Revised Code,     1,323        

DIVISION (B)(6) OF SECTION 4760.13 OF THE REVISED CODE, or         1,324        

division (B)(6) of section 4762.13 of the Revised Code who fails   1,325        

to comply within one week with a referral for examination;         1,326        

      (B)  Report to the board the name of any impaired            1,328        

                                                          30     


                                                                 
practitioner who fails to enter treatment within forty-eight       1,329        

hours following the provider's determination that the              1,330        

practitioner needs treatment;                                      1,331        

      (C)  Require every practitioner who enters treatment to      1,333        

agree to a treatment contract establishing the terms of treatment  1,334        

and aftercare, including any required supervision or restrictions  1,335        

of practice during treatment or aftercare;                         1,336        

      (D)  Require a practitioner to suspend practice upon entry   1,338        

into any required inpatient treatment;                             1,339        

      (E)  Report to the board any failure by an impaired          1,341        

practitioner to comply with the terms of the treatment contract    1,342        

during inpatient or outpatient treatment or aftercare;             1,343        

      (F)  Report to the board the resumption of practice of any   1,345        

impaired practitioner before the treatment provider has made a     1,346        

clear determination that the practitioner is capable of            1,347        

practicing according to acceptable and prevailing standards of     1,348        

care;                                                              1,349        

      (G)  Require a practitioner who resumes practice after       1,351        

completion of treatment to comply with an aftercare contract that  1,352        

meets the requirements of rules adopted by the board for approval  1,353        

of treatment providers;                                            1,354        

      (H)  Report the identity of any practitioner practicing      1,356        

under the terms of an aftercare contract to hospital               1,357        

administrators, medical chiefs of staff, and chairpersons of       1,358        

impaired practitioner committees of all health care institutions   1,360        

at which the practitioner holds clinical privileges or otherwise   1,361        

practices.  If the practitioner does not hold clinical privileges  1,363        

at any health care institution, the treatment provider shall       1,364        

report the practitioner's identity to the impaired practitioner    1,365        

committee of the county medical society, osteopathic academy, or   1,366        

podiatric medical association in every county in which the         1,367        

practitioner practices.  If there are no impaired practitioner     1,368        

committees in the county, the treatment provider shall report the  1,370        

practitioner's identity to the president or other designated       1,371        

                                                          31     


                                                                 
member of the county medical society, osteopathic academy, or      1,372        

podiatric medical association.                                     1,373        

      (I)  Report to the board the identity of any practitioner    1,375        

who suffers a relapse at any time during or following aftercare.   1,376        

      Any individual authorized to practice under this chapter     1,379        

who enters into treatment by an approved treatment provider shall  1,380        

be deemed to have waived any confidentiality requirements that     1,381        

would otherwise prevent the treatment provider from making         1,382        

reports required under this section.                               1,383        

      In the absence of fraud or bad faith, no person or           1,385        

organization that conducts an approved impaired practitioner       1,386        

treatment program, no member of such an organization, and no       1,388        

employee, representative, or agent of the treatment provider       1,389        

shall be held liable in damages to any person by reason of         1,390        

actions taken or recommendations made by the treatment provider    1,391        

or its employees, representatives, or agents.                                   

      Sec. 4731.35.  (A)  Sections 4731.01 to 4731.47 of the       1,400        

Revised Code shall not apply to or prohibit in any way the         1,402        

administration of an anaesthetic ANESTHETIC by a certified         1,404        

registered nurse anesthetist under the direction of and in the     1,405        

immediate presence of a licensed physician.                        1,407        

      (B)  THIS CHAPTER DOES NOT PROHIBIT AN INDIVIDUAL FROM       1,409        

PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH     1,410        

CHAPTER 4760. OF THE REVISED CODE.                                 1,411        

      Sec. 4760.01.  AS USED IN THIS CHAPTER:                      1,413        

      (A)  "AMBULATORY SURGICAL FACILITY" HAS THE SAME MEANING AS  1,415        

IN SECTION 3702.30 OF THE REVISED CODE.                            1,416        

      (B)  "ANESTHESIOLOGIST ASSISTANT" MEANS AN INDIVIDUAL WHO    1,418        

ASSISTS AN ANESTHESIOLOGIST IN DEVELOPING AND IMPLEMENTING         1,420        

ANESTHESIA CARE PLANS FOR PATIENTS.                                1,421        

      (C)  "ANESTHESIOLOGIST" MEANS A PHYSICIAN WHO HAS            1,423        

SUCCESSFULLY COMPLETED AN APPROVED ANESTHESIOLOGY TRAINING         1,425        

PROGRAM, AS SPECIFIED IN THE ACCREDITATION REQUIREMENTS THAT MUST               

BE MET TO QUALIFY AS GRADUATE MEDICAL EDUCATION UNDER SECTION      1,426        

                                                          32     


                                                                 
4731.091 OF THE REVISED CODE.                                      1,427        

      (D)  "HOSPITAL" HAS THE SAME MEANING AS IN SECTION 3727.01   1,429        

OF THE REVISED CODE.                                               1,430        

      (E)  "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER        1,433        

CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND                      

SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY.                       1,434        

      Sec. 4760.02.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,436        

THIS SECTION, NO PERSON SHALL PRACTICE AS AN ANESTHESIOLOGIST      1,437        

ASSISTANT UNLESS THE PERSON HOLDS A CURRENT, VALID CERTIFICATE OF  1,438        

REGISTRATION ISSUED UNDER THIS CHAPTER TO PRACTICE AS AN           1,439        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (B)  DIVISION (A) OF THIS SECTION DOES NOT APPLY TO EITHER   1,442        

OF THE FOLLOWING:                                                               

      (1)  A PERSON PARTICIPATING IN A TRAINING PROGRAM LEADING    1,444        

TOWARD CERTIFICATION BY THE NATIONAL COMMISSION FOR CERTIFICATION  1,446        

OF ANESTHESIOLOGIST ASSISTANTS, AS LONG AS THE PERSON IS           1,447        

SUPERVISED BY AN ANESTHESIOLOGIST, AN INDIVIDUAL PARTICIPATING IN               

A HOSPITAL RESIDENCY PROGRAM IN PREPARATION TO PRACTICE AS AN      1,448        

ANESTHESIOLOGIST, OR AN ANESTHESIOLOGIST ASSISTANT WHO HOLDS A     1,450        

CURRENT, VALID CERTIFICATE OF REGISTRATION ISSUED UNDER THIS       1,451        

CHAPTER;                                                                        

      (2)  ANY PERSON WHO OTHERWISE HOLDS PROFESSIONAL AUTHORITY   1,453        

GRANTED PURSUANT TO THE REVISED CODE TO PERFORM ANY OF THE         1,454        

ACTIVITIES THAT AN ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO     1,455        

PERFORM.                                                                        

      Sec. 4760.03.  (A)  AN INDIVIDUAL SEEKING A CERTIFICATE OF   1,457        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL FILE WITH THE  1,458        

STATE MEDICAL BOARD A WRITTEN APPLICATION ON A FORM PRESCRIBED     1,460        

AND SUPPLIED BY THE BOARD.  THE APPLICATION SHALL INCLUDE ALL OF   1,461        

THE FOLLOWING INFORMATION:                                                      

      (1)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,463        

IS AT LEAST TWENTY-ONE YEARS OF AGE AND OF GOOD MORAL CHARACTER;   1,464        

      (2)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,466        

HAS SUCCESSFULLY COMPLETED THE TRAINING NECESSARY TO PREPARE       1,469        

                                                          33     


                                                                 
INDIVIDUALS TO PRACTICE AS ANESTHESIOLOGIST ASSISTANTS, AS         1,470        

SPECIFIED IN SECTION 4760.031 OF THE REVISED CODE;                              

      (3)  EVIDENCE SATISFACTORY TO THE BOARD THAT THE APPLICANT   1,472        

HOLDS CURRENT CERTIFICATION FROM THE NATIONAL COMMISSION FOR       1,474        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS AND THAT THE          1,476        

REQUIREMENTS FOR RECEIVING THE CERTIFICATION INCLUDED PASSAGE OF   1,477        

AN EXAMINATION TO DETERMINE THE INDIVIDUAL'S COMPETENCE TO         1,479        

PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT;                         1,480        

      (4)  ANY OTHER INFORMATION THE BOARD CONSIDERS NECESSARY TO  1,482        

PROCESS THE APPLICATION AND EVALUATE THE APPLICANT'S               1,483        

QUALIFICATIONS.                                                                 

      (B)  AT THE TIME OF MAKING APPLICATION FOR A CERTIFICATE OF  1,485        

REGISTRATION, THE APPLICANT SHALL PAY THE BOARD A FEE OF ONE       1,487        

HUNDRED DOLLARS, NO PART OF WHICH SHALL BE RETURNED.               1,488        

      (C)  THE BOARD SHALL REVIEW ALL APPLICATIONS RECEIVED UNDER  1,490        

THIS SECTION.  NOT LATER THAN SIXTY DAYS AFTER RECEIVING A         1,491        

COMPLETE APPLICATION, THE BOARD SHALL DETERMINE WHETHER AN         1,493        

APPLICANT MEETS THE REQUIREMENTS TO RECEIVE A CERTIFICATE OF       1,495        

REGISTRATION.  THE AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS  1,498        

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

REQUIREMENTS FOR A CERTIFICATE.  THE BOARD SHALL NOT ISSUE A       1,500        

CERTIFICATE OF REGISTRATION TO AN APPLICANT UNLESS THE APPLICANT   1,501        

IS CERTIFIED BY THE NATIONAL COMMISSION FOR CERTIFICATION OF       1,503        

ANESTHESIOLOGIST ASSISTANTS OR A SUCCESSOR ORGANIZATION THAT IS    1,504        

RECOGNIZED BY THE BOARD.                                           1,505        

      Sec. 4760.031.  AS A CONDITION OF BEING ELIGIBLE TO RECEIVE  1,507        

A CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT,    1,508        

AN INDIVIDUAL MUST SUCCESSFULLY COMPLETE THE FOLLOWING TRAINING    1,509        

REQUIREMENTS:                                                      1,510        

      (A)  A BACCALAUREATE OR HIGHER DEGREE PROGRAM AT AN          1,512        

INSTITUTION OF HIGHER EDUCATION ACCREDITED BY AN ORGANIZATION      1,513        

RECOGNIZED BY THE BOARD OF REGENTS.  THE PROGRAM MUST HAVE         1,514        

INCLUDED COURSES IN THE FOLLOWING AREAS OF STUDY:                  1,515        

      (1)  GENERAL BIOLOGY;                                        1,517        

                                                          34     


                                                                 
      (2)  GENERAL CHEMISTRY;                                      1,519        

      (3)  ORGANIC CHEMISTRY;                                      1,521        

      (4)  PHYSICS;                                                1,523        

      (5)  CALCULUS.                                               1,525        

      (B)  A TRAINING PROGRAM CONDUCTED FOR THE PURPOSE OF         1,527        

PREPARING INDIVIDUALS TO PRACTICE AS ANESTHESIOLOGIST ASSISTANTS.  1,528        

IF THE PROGRAM WAS COMPLETED PRIOR TO THE EFFECTIVE DATE OF THIS   1,529        

SECTION, THE PROGRAM MUST HAVE BEEN COMPLETED AT CASE WESTERN      1,530        

RESERVE UNIVERSITY OR EMORY UNIVERSITY IN ATLANTA, GEORGIA.  IF    1,531        

THE PROGRAM IS COMPLETED ON OR AFTER THE EFFECTIVE DATE OF THIS    1,532        

SECTION, THE PROGRAM MUST BE A GRADUATE-LEVEL PROGRAM ACCREDITED   1,533        

BY THE COMMISSION ON ACCREDITATION OF ALLIED HEALTH EDUCATION      1,535        

PROGRAMS OR ANY OF THE COMMISSION'S SUCCESSOR ORGANIZATIONS.  IN   1,537        

EITHER CASE, THE TRAINING PROGRAM MUST HAVE INCLUDED AT LEAST ALL  1,538        

OF THE FOLLOWING COMPONENTS:                                                    

      (1)  BASIC SCIENCES OF ANESTHESIA:  PHYSIOLOGY,              1,540        

PATHOPHYSIOLOGY, ANATOMY, AND BIOCHEMISTRY.  THE COURSES MUST BE   1,541        

PRESENTED AS A CONTINUUM OF DIDACTIC COURSES DESIGNED TO TEACH     1,542        

STUDENTS THE FOUNDATIONS OF HUMAN BIOLOGICAL EXISTENCE ON WHICH    1,543        

CLINICAL CORRELATIONS TO ANESTHESIA PRACTICE ARE BASED.            1,544        

      (2)  PHARMACOLOGY FOR THE ANESTHETIC SCIENCES.  THE COURSE   1,546        

MUST INCLUDE INSTRUCTION IN THE ANESTHETIC PRINCIPLES OF           1,547        

PHARMACOLOGY, PHARMACODYNAMICS, PHARMACOKINETICS, UPTAKE AND       1,548        

DISTRIBUTION, INTRAVENOUS ANESTHETICS AND NARCOTICS, AND VOLATILE  1,549        

ANESTHETICS.                                                                    

      (3)  PHYSICS IN ANESTHESIA.                                  1,551        

      (4)  FUNDAMENTALS OF ANESTHETIC SCIENCES, PRESENTED AS A     1,553        

CONTINUUM OF COURSES COVERING A SERIES OF TOPICS IN BASIC MEDICAL  1,554        

SCIENCES WITH SPECIAL EMPHASIS ON THE EFFECTS OF ANESTHETICS ON    1,555        

NORMAL PHYSIOLOGY AND PATHOPHYSIOLOGY.                             1,556        

      (5)  PATIENT INSTRUMENTATION AND MONITORING, PRESENTED AS A  1,558        

CONTINUUM OF COURSES FOCUSING ON THE DESIGN OF, PROPER             1,559        

PREPARATION OF, AND PROPER METHODS OF RESOLVING PROBLEMS THAT      1,560        

ARISE WITH ANESTHESIA EQUIPMENT.  THE COURSES MUST PROVIDE A       1,561        

                                                          35     


                                                                 
BALANCE BETWEEN THE ENGINEERING CONCEPTS USED IN ANESTHESIA        1,562        

INSTRUMENTS AND THE CLINICAL APPLICATION OF ANESTHESIA             1,563        

INSTRUMENTS.                                                                    

      (6) CLINICALLY BASED CONFERENCES IN WHICH TECHNIQUES OF      1,565        

ANESTHETIC MANAGEMENT, QUALITY ASSURANCE ISSUES, AND CURRENT       1,566        

PROFESSIONAL LITERATURE ARE REVIEWED FROM THE PERSPECTIVE OF       1,567        

PRACTICE IMPROVEMENT.                                              1,568        

      (7)  CLINICAL EXPERIENCE CONSISTING OF AT LEAST TWO          1,570        

THOUSAND HOURS OF DIRECT PATIENT CONTACT, PRESENTED AS A           1,571        

CONTINUUM OF COURSES THROUGHOUT THE ENTIRETY OF THE PROGRAM,       1,572        

BEGINNING WITH A GRADUAL INTRODUCTION OF THE TECHNIQUES FOR THE    1,573        

ANESTHETIC MANAGEMENT OF PATIENTS AND CULMINATING IN THE           1,574        

ASSIMILATION OF THE GRADUATE OF THE PROGRAM INTO THE WORK FORCE.   1,575        

AREAS OF INSTRUCTION MUST INCLUDE THE FOLLOWING:                   1,576        

      (a)  PREOPERATIVE PATIENT ASSESSMENT;                        1,578        

      (b)  INDWELLING VASCULAR CATHETER PLACEMENT, INCLUDING       1,580        

INTRAVENOUS AND ARTERIAL CATHETERS;                                1,581        

      (c)  AIRWAY MANAGEMENT, INCLUDING MASK AIRWAY AND            1,583        

OROTRACHEAL INTUBATION;                                            1,584        

      (d)  INTRAOPERATIVE CHARTING;                                1,586        

      (e)  ADMINISTRATION AND MAINTENANCE OF ANESTHETIC AGENTS,    1,588        

NARCOTICS, HYPNOTICS, AND MUSCLE RELAXANTS;                        1,589        

      (f)  ADMINISTRATION AND MAINTENANCE OF VOLATILE              1,591        

ANESTHETICS;                                                                    

      (g)  ADMINISTRATION OF BLOOD PRODUCTS AND FLUID THERAPY;     1,593        

      (h)  PATIENT MONITORING;                                     1,595        

      (i)  POSTOPERATIVE MANAGEMENT OF PATIENTS;                   1,597        

      (j)  REGIONAL ANESTHESIA TECHNIQUES;                         1,599        

      (k)  ADMINISTRATION OF VASOACTIVE SUBSTANCES FOR TREATMENT   1,601        

OF UNACCEPTABLE PATIENT HEMODYNAMIC STATUS;                        1,602        

      (l)  SPECIFIC CLINICAL TRAINING IN ALL THE SUBSPECIALTIES    1,604        

OF ANESTHESIA, INCLUDING PEDIATRICS, NEUROSURGERY, CARDIOVASCULAR  1,605        

SURGERY, TRAUMA, OBSTETRICS, ORTHOPEDICS, AND VASCULAR SURGERY.    1,606        

      (8)  BASIC LIFE SUPPORT THAT QUALIFIES THE INDIVIDUAL TO     1,608        

                                                          36     


                                                                 
ADMINISTER CARDIOPULMONARY RESUSCITATION TO PATIENTS IN NEED.      1,609        

THE COURSE MUST INCLUDE THE INSTRUCTION NECESSARY TO BE CERTIFIED  1,610        

IN BASIC LIFE SUPPORT BY THE AMERICAN RED CROSS OR THE AMERICAN    1,611        

HEART ASSOCIATION.                                                 1,612        

      (9)  ADVANCED CARDIAC LIFE SUPPORT THAT QUALIFIES THE        1,614        

INDIVIDUAL TO PARTICIPATE IN THE PHARMACOLOGIC INTERVENTION AND    1,615        

MANAGEMENT RESUSCITATION EFFORTS FOR A PATIENT IN FULL CARDIAC     1,616        

ARREST.  THE COURSE MUST INCLUDE THE INSTRUCTION NECESSARY TO BE   1,617        

CERTIFIED IN ADVANCED CARDIAC LIFE SUPPORT BY THE AMERICAN RED     1,618        

CROSS OR THE AMERICAN HEART ASSOCIATION.                           1,620        

      Sec. 4760.04.  IF THE STATE MEDICAL BOARD DETERMINES UNDER   1,622        

SECTION 4760.03 OF THE REVISED CODE THAT AN APPLICANT MEETS THE    1,623        

REQUIREMENTS FOR A CERTIFICATE OF REGISTRATION AS AN               1,624        

ANESTHESIOLOGIST ASSISTANT, THE SECRETARY OF THE BOARD SHALL       1,625        

REGISTER THE APPLICANT AS AN ANESTHESIOLOGIST ASSISTANT AND ISSUE  1,626        

TO THE APPLICANT A CERTIFICATE OF REGISTRATION AS AN               1,628        

ANESTHESIOLOGIST ASSISTANT.  THE CERTIFICATE SHALL EXPIRE                       

BIENNIALLY AND MAY BE RENEWED IN ACCORDANCE WITH SECTION 4760.06   1,630        

OF THE REVISED CODE.                                                            

      Sec. 4760.05.  ON APPLICATION BY THE HOLDER OF A             1,632        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE  1,633        

STATE MEDICAL BOARD SHALL ISSUE A DUPLICATE CERTIFICATE TO         1,634        

REPLACE ONE THAT IS MISSING OR DAMAGED, TO REFLECT A NAME CHANGE,  1,635        

OR FOR ANY OTHER REASONABLE CAUSE.  THE FEE FOR A DUPLICATE        1,636        

CERTIFICATE IS THIRTY-FIVE DOLLARS.                                             

      Sec. 4760.06.  (A)  A PERSON SEEKING TO RENEW A CERTIFICATE  1,638        

OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT SHALL, ON OR      1,639        

BEFORE THE THIRTY-FIRST DAY OF JANUARY OF EACH EVEN-NUMBERED       1,642        

YEAR, APPLY FOR RENEWAL OF THE CERTIFICATE.  THE STATE MEDICAL     1,643        

BOARD SHALL SEND RENEWAL NOTICES AT LEAST ONE MONTH PRIOR TO THE   1,644        

EXPIRATION DATE.                                                   1,645        

      APPLICATIONS SHALL BE SUBMITTED TO THE BOARD ON FORMS THE    1,647        

BOARD SHALL PRESCRIBE AND SUPPLY.  EACH APPLICATION SHALL BE       1,648        

ACCOMPANIED BY A BIENNIAL RENEWAL FEE OF ONE HUNDRED DOLLARS.      1,649        

                                                          37     


                                                                 
      THE APPLICANT SHALL REPORT ANY CRIMINAL OFFENSE THAT         1,651        

CONSTITUTES GROUNDS FOR REFUSING TO ISSUE A CERTIFICATE OF         1,652        

REGISTRATION UNDER SECTION 4760.13 OF THE REVISED CODE TO WHICH    1,653        

THE APPLICANT HAS PLEADED GUILTY, OF WHICH THE APPLICANT HAS BEEN  1,655        

FOUND GUILTY, OR FOR WHICH THE APPLICANT HAS BEEN FOUND ELIGIBLE   1,656        

FOR INTERVENTION IN LIEU OF CONVICTION, SINCE LAST SIGNING AN      1,658        

APPLICATION FOR A CERTIFICATE OF REGISTRATION AS AN                1,659        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (B)  TO BE ELIGIBLE FOR RENEWAL, AN ANESTHESIOLOGIST         1,661        

ASSISTANT MUST CERTIFY TO THE BOARD THAT THE ASSISTANT HAS         1,663        

MAINTAINED CERTIFICATION BY THE NATIONAL COMMISSION FOR THE        1,664        

CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS.                                   

      (C)  IF AN APPLICANT SUBMITS A COMPLETE RENEWAL APPLICATION  1,666        

AND QUALIFIES FOR RENEWAL PURSUANT TO DIVISION (B) OF THIS         1,668        

SECTION, THE BOARD SHALL ISSUE TO THE APPLICANT A RENEWED          1,669        

CERTIFICATE OF REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT.      1,670        

      (D)  A CERTIFICATE OF REGISTRATION THAT IS NOT RENEWED ON    1,672        

OR BEFORE ITS EXPIRATION DATE IS AUTOMATICALLY SUSPENDED ON ITS    1,675        

EXPIRATION DATE.  THE BOARD SHALL REINSTATE A CERTIFICATE          1,677        

SUSPENDED FOR FAILURE TO RENEW ON AN APPLICANT'S SUBMISSION OF     1,678        

THE BIENNIAL RENEWAL FEE AND THE APPLICABLE MONETARY PENALTY.                   

THE PENALTY FOR REINSTATEMENT IS TWENTY-FIVE DOLLARS IF THE        1,679        

CERTIFICATE HAS BEEN SUSPENDED FOR TWO YEARS OR LESS AND FIFTY     1,681        

DOLLARS IF THE CERTIFICATE HAS BEEN SUSPENDED FOR MORE THAN TWO    1,682        

YEARS.                                                                          

      Sec. 4760.08.  AN ANESTHESIOLOGIST ASSISTANT SHALL PRACTICE  1,685        

ONLY UNDER THE DIRECT SUPERVISION AND IN THE IMMEDIATE PRESENCE    1,686        

OF A PHYSICIAN WHO IS ACTIVELY AND DIRECTLY ENGAGED IN THE         1,687        

CLINICAL PRACTICE OF MEDICINE AS AN ANESTHESIOLOGIST.  AN          1,688        

ANESTHESIOLOGIST ASSISTANT SHALL NOT PRACTICE IN ANY LOCATION      1,689        

OTHER THAN A HOSPITAL OR AMBULATORY SURGICAL FACILITY.  AT ALL     1,690        

TIMES WHEN AN ANESTHESIOLOGIST ASSISTANT IS PROVIDING DIRECT       1,691        

PATIENT CARE, THE ANESTHESIOLOGIST ASSISTANT SHALL DISPLAY IN AN   1,692        

APPROPRIATE MANNER THE TITLE "ANESTHESIOLOGIST ASSISTANT" AS A     1,693        

                                                          38     


                                                                 
MEANS OF IDENTIFYING THE INDIVIDUAL'S AUTHORITY TO PRACTICE UNDER  1,694        

THIS CHAPTER.                                                                   

      EACH ANESTHESIOLOGIST WHO AGREES TO ACT AS THE SUPERVISING   1,696        

ANESTHESIOLOGIST OF AN ANESTHESIOLOGIST ASSISTANT SHALL ADOPT A    1,697        

WRITTEN PRACTICE PROTOCOL THAT IS CONSISTENT WITH SECTION 4760.09  1,698        

OF THE REVISED CODE AND DELINEATES THE SERVICES THAT THE           1,699        

ANESTHESIOLOGIST ASSISTANT IS AUTHORIZED TO PROVIDE AND THE        1,700        

MANNER IN WHICH THE ANESTHESIOLOGIST WILL SUPERVISE THE            1,701        

ANESTHESIOLOGIST ASSISTANT.  THE ANESTHESIOLOGIST SHALL BASE THE   1,702        

PROVISIONS OF THE PROTOCOL ON CONSIDERATION OF RELEVANT QUALITY    1,703        

ASSURANCE STANDARDS, INCLUDING REGULAR REVIEW BY THE               1,704        

ANESTHESIOLOGIST OF THE MEDICAL RECORDS OF THE PATIENTS OF THE     1,705        

ANESTHESIOLOGIST ASSISTANT.                                                     

      THE SUPERVISING ANESTHESIOLOGIST SHALL SUPERVISE THE         1,707        

ANESTHESIOLOGIST ASSISTANT IN ACCORDANCE WITH SECTION 4760.09 OF   1,708        

THE REVISED CODE.  THE PROTOCOL SHALL INCLUDE REQUIREMENTS FOR     1,710        

ENHANCED SUPERVISION OF AN ANESTHESIOLOGIST ASSISTANT DURING THE   1,711        

FIRST FOUR YEARS OF PRACTICE.                                      1,712        

      Sec. 4760.09.  IF THE PRACTICE AND SUPERVISION REQUIREMENTS  1,714        

OF SECTION 4760.08 OF THE REVISED CODE ARE BEING MET, AN           1,716        

ANESTHESIOLOGIST ASSISTANT MAY ASSIST THE SUPERVISING              1,718        

ANESTHESIOLOGIST IN DEVELOPING AND IMPLEMENTING AN ANESTHESIA      1,719        

CARE PLAN FOR A PATIENT.  IN PROVIDING ASSISTANCE TO THE           1,721        

SUPERVISING ANESTHESIOLOGIST, AN ANESTHESIOLOGIST ASSISTANT MAY                 

DO ANY OF THE FOLLOWING:                                           1,722        

      (A)  OBTAIN A COMPREHENSIVE PATIENT HISTORY AND PRESENT THE  1,724        

HISTORY TO THE SUPERVISING ANESTHESIOLOGIST;                       1,725        

      (B)  PRETEST AND CALIBRATE ANESTHESIA DELIVERY SYSTEMS AND   1,727        

MONITOR AND OBTAIN AND INTERPRET INFORMATION FROM THE SYSTEMS AND  1,728        

MONITORS;                                                          1,729        

      (C)  ASSIST THE SUPERVISING ANESTHESIOLOGIST WITH THE        1,731        

IMPLEMENTATION OF MEDICALLY ACCEPTED MONITORING TECHNIQUES;        1,734        

      (D)  ESTABLISH BASIC AND ADVANCED AIRWAY INTERVENTIONS,      1,736        

INCLUDING INTUBATION OF THE TRACHEA AND PERFORMING VENTILATORY     1,737        

                                                          39     


                                                                 
SUPPORT;                                                                        

      (E)  ADMINISTER INTERMITTENT VASOACTIVE DRUGS AND START AND  1,739        

ADJUST VASOACTIVE INFUSIONS;                                       1,740        

      (F)  ADMINISTER ANESTHETIC DRUGS, ADJUVANT DRUGS, AND        1,742        

ACCESSORY DRUGS;                                                   1,743        

      (G)  ASSIST THE SUPERVISING ANESTHESIOLOGIST WITH THE        1,746        

PERFORMANCE OF EPIDURAL ANESTHETIC PROCEDURES AND SPINAL           1,747        

ANESTHETIC PROCEDURES;                                             1,748        

      (H)  ADMINISTER BLOOD, BLOOD PRODUCTS, AND SUPPORTIVE        1,751        

FLUIDS.                                                                         

      Sec. 4760.10.  IN ADDITION TO THE ACTIVITIES THAT AN         1,753        

ANESTHESIOLOGIST ASSISTANT MAY ENGAGE IN PURSUANT TO SECTION       1,754        

4760.09 OF THE REVISED CODE, THE SUPERVISING ANESTHESIOLOGIST OF   1,755        

AN ANESTHESIOLOGIST ASSISTANT MAY AUTHORIZE AN ANESTHESIOLOGIST    1,756        

ASSISTANT TO DO THE FOLLOWING:                                     1,758        

      (A)  PARTICIPATE IN ADMINISTRATIVE ACTIVITIES AND CLINICAL   1,760        

TEACHING ACTIVITIES;                                               1,761        

      (B)  PARTICIPATE IN RESEARCH ACTIVITIES BY PERFORMING THE    1,763        

SAME PROCEDURES THAT MAY BE PERFORMED PURSUANT TO SECTION 4760.09  1,764        

OF THE REVISED CODE;                                               1,765        

      (C)  PROVIDE ASSISTANCE TO A CARDIOPULMONARY RESUSCITATION   1,767        

TEAM IN RESPONSE TO A LIFE-THREATENING SITUATION.                  1,768        

      Sec. 4760.13.  (A)  THE STATE MEDICAL BOARD, BY AN           1,771        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS, MAY REVOKE OR MAY  1,772        

REFUSE TO GRANT A CERTIFICATE OF REGISTRATION AS AN                1,773        

ANESTHESIOLOGIST ASSISTANT TO A PERSON FOUND BY THE BOARD TO HAVE  1,774        

COMMITTED FRAUD, MISREPRESENTATION, OR DECEPTION IN APPLYING FOR   1,775        

OR SECURING THE CERTIFICATE.                                       1,776        

      (B)  THE BOARD, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN     1,779        

SIX MEMBERS, SHALL, TO THE EXTENT PERMITTED BY LAW, LIMIT,         1,780        

REVOKE, OR SUSPEND AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION AS  1,781        

AN ANESTHESIOLOGIST ASSISTANT, REFUSE TO ISSUE A CERTIFICATE TO    1,782        

AN APPLICANT, REFUSE TO REINSTATE A CERTIFICATE, OR REPRIMAND OR   1,783        

PLACE ON PROBATION THE HOLDER OF A CERTIFICATE FOR ANY OF THE      1,785        

                                                          40     


                                                                 
FOLLOWING REASONS:                                                              

      (1)  PERMITTING THE HOLDER'S NAME OR CERTIFICATE TO BE USED  1,787        

BY ANOTHER PERSON;                                                 1,788        

      (2)  FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS         1,790        

CHAPTER, CHAPTER 4731. OF THE REVISED CODE, OR ANY RULES ADOPTED   1,792        

BY THE BOARD;                                                                   

      (3)  VIOLATING OR ATTEMPTING TO VIOLATE, DIRECTLY OR         1,794        

INDIRECTLY, OR ASSISTING IN OR ABETTING THE VIOLATION OF, OR       1,795        

CONSPIRING TO VIOLATE, ANY PROVISION OF THIS CHAPTER, CHAPTER      1,797        

4731. OF THE REVISED CODE, OR THE RULES ADOPTED BY THE BOARD;      1,798        

      (4)  A DEPARTURE FROM, OR FAILURE TO CONFORM TO, MINIMAL     1,800        

STANDARDS OF CARE OF SIMILAR PRACTITIONERS UNDER THE SAME OR       1,801        

SIMILAR CIRCUMSTANCES WHETHER OR NOT ACTUAL INJURY TO THE PATIENT  1,802        

IS ESTABLISHED;                                                                 

      (5)  INABILITY TO PRACTICE ACCORDING TO ACCEPTABLE AND       1,805        

PREVAILING STANDARDS OF CARE BY REASON OF MENTAL ILLNESS OR        1,806        

PHYSICAL ILLNESS, INCLUDING PHYSICAL DETERIORATION THAT ADVERSELY  1,807        

AFFECTS COGNITIVE, MOTOR, OR PERCEPTIVE SKILLS;                                 

      (6)  IMPAIRMENT OF ABILITY TO PRACTICE ACCORDING TO          1,809        

ACCEPTABLE AND PREVAILING STANDARDS OF CARE BECAUSE OF HABITUAL    1,810        

OR EXCESSIVE USE OR ABUSE OF DRUGS, ALCOHOL, OR OTHER SUBSTANCES   1,811        

THAT IMPAIR ABILITY TO PRACTICE;                                   1,812        

      (7)  WILLFULLY BETRAYING A PROFESSIONAL CONFIDENCE;          1,814        

      (8)  MAKING A FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING    1,816        

STATEMENT IN SECURING OR ATTEMPTING TO SECURE A CERTIFICATE OF     1,817        

REGISTRATION TO PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT.         1,818        

      AS USED IN THIS DIVISION, "FALSE, FRAUDULENT, DECEPTIVE, OR  1,821        

MISLEADING STATEMENT" MEANS A STATEMENT THAT INCLUDES A            1,822        

MISREPRESENTATION OF FACT, IS LIKELY TO MISLEAD OR DECEIVE         1,823        

BECAUSE OF A FAILURE TO DISCLOSE MATERIAL FACTS, IS INTENDED OR    1,824        

IS LIKELY TO CREATE FALSE OR UNJUSTIFIED EXPECTATIONS OF           1,825        

FAVORABLE RESULTS, OR INCLUDES REPRESENTATIONS OR IMPLICATIONS     1,826        

THAT IN REASONABLE PROBABILITY WILL CAUSE AN ORDINARILY PRUDENT    1,827        

PERSON TO MISUNDERSTAND OR BE DECEIVED.                                         

                                                          41     


                                                                 
      (9)  THE OBTAINING OF, OR ATTEMPTING TO OBTAIN, MONEY OR A   1,830        

THING OF VALUE BY FRAUDULENT MISREPRESENTATIONS IN THE COURSE OF   1,831        

PRACTICE;                                                                       

      (10)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,834        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,835        

CONVICTION FOR, A FELONY;                                                       

      (11)  COMMISSION OF AN ACT THAT CONSTITUTES A FELONY IN      1,837        

THIS STATE, REGARDLESS OF THE JURISDICTION IN WHICH THE ACT WAS    1,838        

COMMITTED;                                                         1,839        

      (12)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,842        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,843        

CONVICTION FOR, A MISDEMEANOR COMMITTED IN THE COURSE OF                        

PRACTICE;                                                          1,844        

      (13)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,847        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,848        

CONVICTION FOR, A MISDEMEANOR INVOLVING MORAL TURPITUDE;           1,849        

      (14)  COMMISSION OF AN ACT IN THE COURSE OF PRACTICE THAT    1,851        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,853        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,854        

      (15)  COMMISSION OF AN ACT INVOLVING MORAL TURPITUDE THAT    1,856        

CONSTITUTES A MISDEMEANOR IN THIS STATE, REGARDLESS OF THE         1,857        

JURISDICTION IN WHICH THE ACT WAS COMMITTED;                       1,858        

      (16)  A PLEA OF GUILTY TO, A JUDICIAL FINDING OF GUILT OF,   1,861        

OR A JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN LIEU OF   1,862        

CONVICTION FOR VIOLATING ANY STATE OR FEDERAL LAW REGULATING THE   1,863        

POSSESSION, DISTRIBUTION, OR USE OF ANY DRUG, INCLUDING            1,864        

TRAFFICKING IN DRUGS;                                                           

      (17)  ANY OF THE FOLLOWING ACTIONS TAKEN BY THE STATE        1,867        

AGENCY RESPONSIBLE FOR REGULATING THE PRACTICE OF                               

ANESTHESIOLOGIST ASSISTANTS IN ANOTHER JURISDICTION, FOR ANY       1,869        

REASON OTHER THAN THE NONPAYMENT OF FEES:  THE LIMITATION,         1,870        

REVOCATION, OR SUSPENSION OF AN INDIVIDUAL'S LICENSE TO PRACTICE;  1,872        

ACCEPTANCE OF AN INDIVIDUAL'S LICENSE SURRENDER; DENIAL OF A       1,873        

LICENSE; REFUSAL TO RENEW OR REINSTATE A LICENSE; IMPOSITION OF    1,874        

                                                          42     


                                                                 
PROBATION; OR ISSUANCE OF AN ORDER OF CENSURE OR OTHER REPRIMAND;  1,875        

      (18)  VIOLATION OF THE CONDITIONS PLACED BY THE BOARD ON A   1,878        

CERTIFICATE OF REGISTRATION;                                                    

      (19)  FAILURE TO USE UNIVERSAL BLOOD AND BODY FLUID          1,881        

PRECAUTIONS ESTABLISHED BY RULES ADOPTED UNDER SECTION 4731.051    1,882        

OF THE REVISED CODE;                                               1,883        

      (20)  FAILURE TO COOPERATE IN AN INVESTIGATION CONDUCTED BY  1,885        

THE BOARD UNDER SECTION 4760.14 OF THE REVISED CODE, INCLUDING     1,887        

FAILURE TO COMPLY WITH A SUBPOENA OR ORDER ISSUED BY THE BOARD OR  1,888        

FAILURE TO ANSWER TRUTHFULLY A QUESTION PRESENTED BY THE BOARD AT  1,889        

A DEPOSITION OR IN WRITTEN INTERROGATORIES, EXCEPT THAT FAILURE    1,890        

TO COOPERATE WITH AN INVESTIGATION SHALL NOT CONSTITUTE GROUNDS    1,891        

FOR DISCIPLINE UNDER THIS SECTION IF A COURT OF COMPETENT          1,892        

JURISDICTION HAS ISSUED AN ORDER THAT EITHER QUASHES A SUBPOENA    1,893        

OR PERMITS THE INDIVIDUAL TO WITHHOLD THE TESTIMONY OR EVIDENCE    1,894        

IN ISSUE;                                                                       

      (21)  FAILURE TO COMPLY WITH ANY CODE OF ETHICS ESTABLISHED  1,896        

BY THE NATIONAL COMMISSION FOR THE CERTIFICATION OF                1,897        

ANESTHESIOLOGIST ASSISTANTS;                                                    

      (22)  FAILURE TO NOTIFY THE STATE MEDICAL BOARD OF THE       1,899        

REVOCATION OR FAILURE TO MAINTAIN CERTIFICATION FROM THE NATIONAL  1,900        

COMMISSION FOR CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS.       1,901        

      (C)  DISCIPLINARY ACTIONS TAKEN BY THE BOARD UNDER           1,903        

DIVISIONS (A) AND (B) OF THIS SECTION SHALL BE TAKEN PURSUANT TO   1,904        

AN ADJUDICATION UNDER CHAPTER 119. OF THE REVISED CODE, EXCEPT     1,906        

THAT IN LIEU OF AN ADJUDICATION, THE BOARD MAY ENTER INTO A        1,908        

CONSENT AGREEMENT WITH AN ANESTHESIOLOGIST ASSISTANT OR APPLICANT  1,909        

TO RESOLVE AN ALLEGATION OF A VIOLATION OF THIS CHAPTER OR ANY     1,910        

RULE ADOPTED UNDER IT.  A CONSENT AGREEMENT, WHEN RATIFIED BY AN   1,911        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS OF THE BOARD,       1,912        

SHALL CONSTITUTE THE FINDINGS AND ORDER OF THE BOARD WITH RESPECT  1,914        

TO THE MATTER ADDRESSED IN THE AGREEMENT.  IF THE BOARD REFUSES    1,915        

TO RATIFY A CONSENT AGREEMENT, THE ADMISSIONS AND FINDINGS         1,916        

CONTAINED IN THE CONSENT AGREEMENT SHALL BE OF NO FORCE OR         1,917        

                                                          43     


                                                                 
EFFECT.                                                                         

      (D)  FOR PURPOSES OF DIVISIONS (B)(11), (14), AND (15) OF    1,919        

THIS SECTION, THE COMMISSION OF THE ACT MAY BE ESTABLISHED BY A    1,920        

FINDING BY THE BOARD, PURSUANT TO AN ADJUDICATION UNDER CHAPTER    1,922        

119. OF THE REVISED CODE, THAT THE APPLICANT OR CERTIFICATE        1,923        

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

JURISDICTION UNDER THESE DIVISIONS IN CASES WHERE THE TRIAL COURT  1,924        

RENDERS A FINAL JUDGMENT IN THE CERTIFICATE HOLDER'S FAVOR AND     1,925        

THAT JUDGMENT IS BASED UPON AN ADJUDICATION ON THE MERITS.  THE    1,926        

BOARD SHALL HAVE JURISDICTION UNDER THESE DIVISIONS IN CASES       1,927        

WHERE THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL ON TECHNICAL    1,928        

OR PROCEDURAL GROUNDS.                                             1,929        

      (E)  THE SEALING OF CONVICTION RECORDS BY ANY COURT SHALL    1,931        

HAVE NO EFFECT ON A PRIOR BOARD ORDER ENTERED UNDER THE            1,932        

PROVISIONS OF THIS SECTION OR ON THE BOARD'S JURISDICTION TO TAKE  1,933        

ACTION UNDER THE PROVISIONS OF THIS SECTION IF, BASED UPON A PLEA  1,934        

OF GUILTY, A JUDICIAL FINDING OF GUILT, OR A JUDICIAL FINDING OF   1,936        

ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION, THE BOARD      1,938        

ISSUED A NOTICE OF OPPORTUNITY FOR A HEARING PRIOR TO THE COURT'S  1,939        

ORDER TO SEAL THE RECORDS.  THE BOARD SHALL NOT BE REQUIRED TO     1,940        

SEAL, DESTROY, REDACT, OR OTHERWISE MODIFY ITS RECORDS TO REFLECT  1,941        

THE COURT'S SEALING OF CONVICTION RECORDS.                         1,942        

      (F)  FOR PURPOSES OF THIS DIVISION, ANY INDIVIDUAL WHO       1,945        

HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER, OR  1,946        

APPLIES FOR A CERTIFICATE OF REGISTRATION, SHALL BE DEEMED TO      1,947        

HAVE GIVEN CONSENT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION   1,948        

WHEN DIRECTED TO DO SO IN WRITING BY THE BOARD AND TO HAVE WAIVED  1,949        

ALL OBJECTIONS TO THE ADMISSIBILITY OF TESTIMONY OR EXAMINATION    1,950        

REPORTS THAT CONSTITUTE A PRIVILEGED COMMUNICATION.                1,951        

      (1)  IN ENFORCING DIVISION (B)(5) OF THIS SECTION, THE       1,954        

BOARD, ON A SHOWING OF A POSSIBLE VIOLATION, MAY COMPEL ANY        1,955        

INDIVIDUAL WHO HOLDS A CERTIFICATE OF REGISTRATION ISSUED UNDER    1,956        

THIS CHAPTER OR WHO HAS APPLIED FOR A CERTIFICATE OF REGISTRATION  1,957        

PURSUANT TO THIS CHAPTER TO SUBMIT TO A MENTAL OR PHYSICAL         1,958        

                                                          44     


                                                                 
EXAMINATION, OR BOTH.  A PHYSICAL EXAMINATION MAY INCLUDE AN HIV   1,959        

TEST.  THE EXPENSE OF THE EXAMINATION IS THE RESPONSIBILITY OF     1,960        

THE INDIVIDUAL COMPELLED TO BE EXAMINED.  FAILURE TO SUBMIT TO A   1,961        

MENTAL OR PHYSICAL EXAMINATION OR CONSENT TO AN HIV TEST ORDERED   1,963        

BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS AGAINST   1,964        

THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES BEYOND   1,965        

THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER MAY BE     1,966        

ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF                      

EVIDENCE.  IF THE BOARD FINDS AN ANESTHESIOLOGIST ASSISTANT        1,967        

UNABLE TO PRACTICE BECAUSE OF THE REASONS SET FORTH IN DIVISION    1,969        

(B)(5) OF THIS SECTION, THE BOARD SHALL REQUIRE THE                1,970        

ANESTHESIOLOGIST ASSISTANT TO SUBMIT TO CARE, COUNSELING, OR       1,971        

TREATMENT BY PHYSICIANS APPROVED OR DESIGNATED BY THE BOARD, AS A  1,972        

CONDITION FOR AN INITIAL, CONTINUED, REINSTATED, OR RENEWED        1,973        

CERTIFICATE OF REGISTRATION.  AN INDIVIDUAL AFFECTED BY THIS       1,974        

DIVISION SHALL BE AFFORDED AN OPPORTUNITY TO DEMONSTRATE TO THE    1,975        

BOARD THE ABILITY TO RESUME PRACTICING IN COMPLIANCE WITH                       

ACCEPTABLE AND PREVAILING STANDARDS OF CARE.                       1,976        

      (2)  FOR PURPOSES OF DIVISION (B)(6) OF THIS SECTION, IF     1,979        

THE BOARD HAS REASON TO BELIEVE THAT ANY INDIVIDUAL WHO HOLDS A    1,980        

CERTIFICATE OF REGISTRATION ISSUED UNDER THIS CHAPTER OR ANY       1,981        

APPLICANT FOR A CERTIFICATE OF REGISTRATION SUFFERS SUCH                        

IMPAIRMENT, THE BOARD MAY COMPEL THE INDIVIDUAL TO SUBMIT TO A     1,982        

MENTAL OR PHYSICAL EXAMINATION, OR BOTH.  THE EXPENSE OF THE       1,983        

EXAMINATION IS THE RESPONSIBILITY OF THE INDIVIDUAL COMPELLED TO   1,986        

BE EXAMINED.  ANY MENTAL OR PHYSICAL EXAMINATION REQUIRED UNDER    1,988        

THIS DIVISION SHALL BE UNDERTAKEN BY A TREATMENT PROVIDER OR       1,989        

PHYSICIAN QUALIFIED TO CONDUCT SUCH EXAMINATION AND CHOSEN BY THE  1,990        

BOARD.                                                                          

      FAILURE TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION        1,993        

ORDERED BY THE BOARD CONSTITUTES AN ADMISSION OF THE ALLEGATIONS   1,995        

AGAINST THE INDIVIDUAL UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES  1,996        

BEYOND THE INDIVIDUAL'S CONTROL, AND A DEFAULT AND FINAL ORDER     1,997        

MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION OF  1,998        

                                                          45     


                                                                 
EVIDENCE.  IF THE BOARD DETERMINES THAT THE INDIVIDUAL'S ABILITY   1,999        

TO PRACTICE IS IMPAIRED, THE BOARD SHALL SUSPEND THE INDIVIDUAL'S  2,000        

CERTIFICATE OR DENY THE INDIVIDUAL'S APPLICATION AND SHALL         2,001        

REQUIRE THE INDIVIDUAL, AS A CONDITION FOR AN INITIAL, CONTINUED,  2,002        

REINSTATED, OR RENEWED CERTIFICATE OF REGISTRATION, TO SUBMIT TO   2,003        

TREATMENT.                                                         2,004        

      BEFORE BEING ELIGIBLE TO APPLY FOR REINSTATEMENT OF A        2,006        

CERTIFICATE SUSPENDED UNDER THIS DIVISION, THE ANESTHESIOLOGIST    2,007        

ASSISTANT SHALL DEMONSTRATE TO THE BOARD THE ABILITY TO RESUME     2,008        

PRACTICE IN COMPLIANCE WITH ACCEPTABLE AND PREVAILING STANDARDS    2,009        

OF CARE.  THE DEMONSTRATION SHALL INCLUDE THE FOLLOWING:           2,011        

      (a)  CERTIFICATION FROM A TREATMENT PROVIDER APPROVED UNDER  2,014        

SECTION 4731.25 OF THE REVISED CODE THAT THE INDIVIDUAL HAS        2,015        

SUCCESSFULLY COMPLETED ANY REQUIRED INPATIENT TREATMENT;           2,016        

      (b)  EVIDENCE OF CONTINUING FULL COMPLIANCE WITH AN          2,019        

AFTERCARE CONTRACT OR CONSENT AGREEMENT;                                        

      (c)  TWO WRITTEN REPORTS INDICATING THAT THE INDIVIDUAL'S    2,022        

ABILITY TO PRACTICE HAS BEEN ASSESSED AND THAT THE INDIVIDUAL HAS  2,023        

BEEN FOUND CAPABLE OF PRACTICING ACCORDING TO ACCEPTABLE AND                    

PREVAILING STANDARDS OF CARE.  THE REPORTS SHALL BE MADE BY        2,024        

INDIVIDUALS OR PROVIDERS APPROVED BY THE BOARD FOR MAKING SUCH     2,025        

ASSESSMENTS AND SHALL DESCRIBE THE BASIS FOR THEIR DETERMINATION.  2,027        

      THE BOARD MAY REINSTATE A CERTIFICATE SUSPENDED UNDER THIS   2,030        

DIVISION AFTER SUCH DEMONSTRATION AND AFTER THE INDIVIDUAL HAS     2,031        

ENTERED INTO A WRITTEN CONSENT AGREEMENT.                                       

      WHEN THE IMPAIRED ANESTHESIOLOGIST ASSISTANT RESUMES         2,033        

PRACTICE, THE BOARD SHALL REQUIRE CONTINUED MONITORING OF THE      2,034        

ANESTHESIOLOGIST ASSISTANT.  THE MONITORING SHALL INCLUDE          2,036        

MONITORING OF COMPLIANCE WITH THE WRITTEN CONSENT AGREEMENT        2,038        

ENTERED INTO BEFORE REINSTATEMENT OR WITH CONDITIONS IMPOSED BY    2,039        

BOARD ORDER AFTER A HEARING, AND, ON TERMINATION OF THE CONSENT    2,040        

AGREEMENT, SUBMISSION TO THE BOARD FOR AT LEAST TWO YEARS OF       2,041        

ANNUAL WRITTEN PROGRESS REPORTS MADE UNDER PENALTY OF              2,042        

FALSIFICATION STATING WHETHER THE ANESTHESIOLOGIST ASSISTANT HAS                

                                                          46     


                                                                 
MAINTAINED SOBRIETY.                                               2,043        

      (G)  IF THE SECRETARY AND SUPERVISING MEMBER DETERMINE THAT  2,046        

THERE IS CLEAR AND CONVINCING EVIDENCE THAT AN ANESTHESIOLOGIST    2,047        

ASSISTANT HAS VIOLATED DIVISION (B) OF THIS SECTION AND THAT THE   2,048        

INDIVIDUAL'S CONTINUED PRACTICE PRESENTS A DANGER OF IMMEDIATE     2,049        

AND SERIOUS HARM TO THE PUBLIC, THEY MAY RECOMMEND THAT THE BOARD  2,050        

SUSPEND THE INDIVIDUAL'S CERTIFICATE OR REGISTRATION WITHOUT A     2,052        

PRIOR HEARING.  WRITTEN ALLEGATIONS SHALL BE PREPARED FOR                       

CONSIDERATION BY THE BOARD.                                        2,053        

      THE BOARD, ON REVIEW OF THE ALLEGATIONS AND BY AN            2,055        

AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS MEMBERS, EXCLUDING   2,057        

THE SECRETARY AND SUPERVISING MEMBER, MAY SUSPEND A CERTIFICATE    2,058        

WITHOUT A PRIOR HEARING.  A TELEPHONE CONFERENCE CALL MAY BE       2,059        

UTILIZED FOR REVIEWING THE ALLEGATIONS AND TAKING THE VOTE ON THE  2,060        

SUMMARY SUSPENSION.                                                2,061        

      THE BOARD SHALL ISSUE A WRITTEN ORDER OF SUSPENSION BY       2,063        

CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH SECTION 119.07 OF   2,064        

THE REVISED CODE.  THE ORDER SHALL NOT BE SUBJECT TO SUSPENSION    2,066        

BY THE COURT DURING PENDENCY OF ANY APPEAL FILED UNDER SECTION     2,067        

119.12 OF THE REVISED CODE.  IF THE ANESTHESIOLOGIST ASSISTANT     2,068        

REQUESTS AN ADJUDICATORY HEARING BY THE BOARD, THE DATE SET FOR    2,069        

THE HEARING SHALL BE WITHIN FIFTEEN DAYS, BUT NOT EARLIER THAN     2,070        

SEVEN DAYS, AFTER THE ANESTHESIOLOGIST ASSISTANT REQUESTS THE      2,071        

HEARING, UNLESS OTHERWISE AGREED TO BY BOTH THE BOARD AND THE      2,072        

CERTIFICATE HOLDER.                                                             

      A SUMMARY SUSPENSION IMPOSED UNDER THIS DIVISION SHALL       2,074        

REMAIN IN EFFECT, UNLESS REVERSED ON APPEAL, UNTIL A FINAL         2,075        

ADJUDICATIVE ORDER ISSUED BY THE BOARD PURSUANT TO THIS SECTION    2,076        

AND CHAPTER 119. OF THE REVISED CODE BECOMES EFFECTIVE.   THE      2,078        

BOARD SHALL ISSUE ITS FINAL ADJUDICATIVE ORDER WITHIN SIXTY DAYS   2,079        

AFTER COMPLETION OF ITS HEARING.  FAILURE TO ISSUE THE ORDER       2,080        

WITHIN SIXTY DAYS SHALL RESULT IN DISSOLUTION OF THE SUMMARY       2,081        

SUSPENSION ORDER, BUT SHALL NOT INVALIDATE ANY SUBSEQUENT, FINAL   2,082        

ADJUDICATIVE ORDER.                                                             

                                                          47     


                                                                 
      (H)  IF THE BOARD TAKES ACTION UNDER DIVISION (B)(11),       2,086        

(13), OR (14) OF THIS SECTION, AND THE JUDICIAL FINDING OF GUILT,  2,087        

GUILTY PLEA, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION   2,089        

IN LIEU OF CONVICTION IS OVERTURNED ON APPEAL, ON EXHAUSTION OF    2,090        

THE CRIMINAL APPEAL, A PETITION FOR RECONSIDERATION OF THE ORDER   2,091        

MAY BE FILED WITH THE BOARD ALONG WITH APPROPRIATE COURT           2,092        

DOCUMENTS.  ON RECEIPT OF A PETITION AND SUPPORTING COURT          2,093        

DOCUMENTS, THE BOARD SHALL REINSTATE THE CERTIFICATE OF            2,094        

REGISTRATION.  THE BOARD MAY THEN HOLD AN ADJUDICATION UNDER       2,095        

CHAPTER 119. OF THE REVISED CODE TO DETERMINE WHETHER THE          2,096        

INDIVIDUAL COMMITTED THE ACT IN QUESTION.  NOTICE OF OPPORTUNITY   2,098        

FOR HEARING SHALL BE GIVEN IN ACCORDANCE WITH CHAPTER 119. OF THE  2,099        

REVISED CODE.  IF THE BOARD FINDS, PURSUANT TO AN ADJUDICATION     2,100        

HELD UNDER THIS DIVISION, THAT THE INDIVIDUAL COMMITTED THE ACT,   2,101        

OR IF NO HEARING IS REQUESTED, IT MAY ORDER ANY OF THE SANCTIONS   2,102        

SPECIFIED IN DIVISION (B) OF THIS SECTION.                         2,103        

      (I)  THE CERTIFICATE OF REGISTRATION OF AN ANESTHESIOLOGIST  2,106        

ASSISTANT AND THE ASSISTANT'S PRACTICE IN THIS STATE ARE           2,107        

AUTOMATICALLY SUSPENDED AS OF THE DATE THE ANESTHESIOLOGIST        2,108        

ASSISTANT PLEADS GUILTY TO, IS FOUND BY A JUDGE OR JURY TO BE      2,110        

GUILTY OF, OR IS SUBJECT TO A JUDICIAL FINDING OF ELIGIBILITY FOR  2,111        

INTERVENTION IN LIEU OF CONVICTION IN THIS STATE OR TREATMENT OF                

INTERVENTION IN LIEU OF CONVICTION IN ANOTHER JURISDICTION FOR     2,112        

ANY OF THE FOLLOWING CRIMINAL OFFENSES IN THIS STATE OR A          2,113        

SUBSTANTIALLY EQUIVALENT CRIMINAL OFFENSE IN ANOTHER               2,114        

JURISDICTION:  AGGRAVATED MURDER, MURDER, VOLUNTARY MANSLAUGHTER,  2,116        

FELONIOUS ASSAULT, KIDNAPPING, RAPE, SEXUAL BATTERY, GROSS SEXUAL  2,117        

IMPOSITION, AGGRAVATED ARSON, AGGRAVATED ROBBERY, OR AGGRAVATED    2,118        

BURGLARY.  CONTINUED PRACTICE AFTER THE SUSPENSION SHALL BE        2,120        

CONSIDERED PRACTICING WITHOUT A CERTIFICATE.                       2,121        

      THE BOARD SHALL NOTIFY THE INDIVIDUAL SUBJECT TO THE         2,124        

SUSPENSION BY CERTIFIED MAIL OR IN PERSON IN ACCORDANCE WITH                    

SECTION 119.07 OF THE REVISED CODE.  IF AN INDIVIDUAL WHOSE        2,125        

CERTIFICATE IS SUSPENDED UNDER THIS DIVISION FAILS TO MAKE A       2,126        

                                                          48     


                                                                 
TIMELY REQUEST FOR AN ADJUDICATION UNDER CHAPTER 119. OF THE       2,128        

REVISED CODE, THE BOARD SHALL ENTER A FINAL ORDER PERMANENTLY      2,129        

REVOKING THE INDIVIDUAL'S CERTIFICATE OF REGISTRATION.             2,130        

      (J)  IN ANY INSTANCE IN WHICH THE BOARD IS REQUIRED BY       2,133        

CHAPTER 119. OF THE REVISED CODE TO GIVE NOTICE OF OPPORTUNITY     2,134        

FOR HEARING AND THE INDIVIDUAL SUBJECT TO THE NOTICE DOES NOT      2,135        

TIMELY REQUEST A HEARING IN ACCORDANCE WITH SECTION 119.07 OF THE  2,137        

REVISED CODE, THE BOARD IS NOT REQUIRED TO HOLD A HEARING, BUT     2,138        

MAY ADOPT, BY AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX OF ITS     2,140        

MEMBERS, A FINAL ORDER THAT CONTAINS THE BOARD'S FINDINGS.  IN     2,141        

THE FINAL ORDER, THE BOARD MAY ORDER ANY OF THE SANCTIONS          2,142        

IDENTIFIED UNDER DIVISION (A) OR (B) OF THIS SECTION.              2,143        

      (K)  ANY ACTION TAKEN BY THE BOARD UNDER DIVISION (B) OF     2,146        

THIS SECTION RESULTING IN A SUSPENSION SHALL BE ACCOMPANIED BY A   2,147        

WRITTEN STATEMENT OF THE CONDITIONS UNDER WHICH THE                2,148        

ANESTHESIOLOGIST ASSISTANT'S CERTIFICATE MAY BE REINSTATED.  THE   2,149        

BOARD SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE     2,151        

REVISED CODE GOVERNING CONDITIONS TO BE IMPOSED FOR                             

REINSTATEMENT.  REINSTATEMENT OF A CERTIFICATE SUSPENDED PURSUANT  2,152        

TO DIVISION (B) OF THIS SECTION REQUIRES AN AFFIRMATIVE VOTE OF    2,154        

NOT FEWER THAN SIX MEMBERS OF THE BOARD.                                        

      (L)  WHEN THE BOARD REFUSES TO GRANT A CERTIFICATE OF        2,157        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT TO AN APPLICANT,     2,158        

REVOKES AN INDIVIDUAL'S CERTIFICATE OF REGISTRATION, REFUSES TO    2,160        

RENEW A CERTIFICATE OF REGISTRATION, OR REFUSES TO REINSTATE AN    2,161        

INDIVIDUAL'S CERTIFICATE OF REGISTRATION, THE BOARD MAY SPECIFY    2,162        

THAT ITS ACTION IS PERMANENT.  AN INDIVIDUAL SUBJECT TO A          2,163        

PERMANENT ACTION TAKEN BY THE BOARD IS FOREVER THEREAFTER          2,164        

INELIGIBLE TO HOLD A CERTIFICATE OF REGISTRATION AS AN             2,165        

ANESTHESIOLOGIST ASSISTANT AND THE BOARD SHALL NOT ACCEPT AN       2,166        

APPLICATION FOR REINSTATEMENT OF THE CERTIFICATE OR FOR ISSUANCE   2,167        

OF A NEW CERTIFICATE.                                              2,168        

      (M)  NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED      2,171        

CODE, ALL OF THE FOLLOWING APPLY:                                               

                                                          49     


                                                                 
      (1)  THE SURRENDER OF A CERTIFICATE OF REGISTRATION ISSUED   2,174        

UNDER THIS CHAPTER IS NOT EFFECTIVE UNLESS OR UNTIL ACCEPTED BY    2,175        

THE BOARD.  REINSTATEMENT OF A CERTIFICATE SURRENDERED TO THE      2,176        

BOARD REQUIRES AN AFFIRMATIVE VOTE OF NOT FEWER THAN SIX MEMBERS   2,177        

OF THE BOARD.                                                                   

      (2)  AN APPLICATION MADE UNDER THIS CHAPTER FOR A            2,180        

CERTIFICATE OF REGISTRATION MAY NOT BE WITHDRAWN WITHOUT APPROVAL  2,181        

OF THE BOARD.                                                                   

      (3)  FAILURE BY AN INDIVIDUAL TO RENEW A CERTIFICATE OF      2,184        

REGISTRATION IN ACCORDANCE WITH SECTION 4760.06 OF THE REVISED     2,185        

CODE SHALL NOT REMOVE OR LIMIT THE BOARD'S JURISDICTION TO TAKE    2,186        

DISCIPLINARY ACTION UNDER THIS SECTION AGAINST THE INDIVIDUAL.     2,187        

      Sec. 4760.131.  ON RECEIPT OF A NOTICE PURSUANT TO SECTION   2,190        

2301.373 OF THE REVISED CODE, THE STATE MEDICAL BOARD SHALL                     

COMPLY WITH THAT SECTION WITH RESPECT TO A CERTIFICATE OF          2,191        

REGISTRATION ISSUED PURSUANT TO THIS CHAPTER.                      2,192        

      Sec. 4760.132.  IF THE STATE MEDICAL BOARD HAS REASON TO     2,194        

BELIEVE THAT ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF      2,195        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT UNDER THIS CHAPTER   2,197        

IS MENTALLY ILL OR MENTALLY INCOMPETENT, IT MAY FILE IN THE        2,198        

PROBATE COURT OF THE COUNTY IN WHICH THE PERSON HAS A LEGAL        2,199        

RESIDENCE AN AFFIDAVIT IN THE FORM PRESCRIBED IN SECTION 5122.11   2,200        

OF THE REVISED CODE AND SIGNED BY THE BOARD SECRETARY OR A MEMBER  2,201        

OF THE BOARD SECRETARY'S STAFF, WHEREUPON THE SAME PROCEEDINGS     2,203        

SHALL BE HAD AS PROVIDED IN CHAPTER 5122. OF THE REVISED CODE.     2,204        

THE ATTORNEY GENERAL MAY REPRESENT THE BOARD IN ANY PROCEEDING     2,206        

COMMENCED UNDER THIS SECTION.                                                   

      IF ANY PERSON WHO HAS BEEN GRANTED A CERTIFICATE OF          2,208        

REGISTRATION IS ADJUDGED BY A PROBATE COURT TO BE MENTALLY ILL OR  2,209        

MENTALLY INCOMPETENT, THE PERSON'S CERTIFICATE SHALL BE            2,210        

AUTOMATICALLY SUSPENDED UNTIL THE PERSON HAS FILED WITH THE STATE  2,212        

MEDICAL BOARD A CERTIFIED COPY OF AN ADJUDICATION BY A PROBATE     2,213        

COURT OF THE PERSON'S SUBSEQUENT RESTORATION TO COMPETENCY OR HAS  2,215        

SUBMITTED TO THE BOARD PROOF, SATISFACTORY TO THE BOARD, THAT THE  2,216        

                                                          50     


                                                                 
PERSON HAS BEEN DISCHARGED AS HAVING A RESTORATION TO COMPETENCY   2,218        

IN THE MANNER AND FORM PROVIDED IN SECTION 5122.38 OF THE REVISED  2,219        

CODE.  THE JUDGE OF THE PROBATE COURT SHALL FORTHWITH NOTIFY THE   2,220        

STATE MEDICAL BOARD OF AN ADJUDICATION OF MENTAL ILLNESS OR        2,221        

MENTAL INCOMPETENCE, AND SHALL NOTE ANY SUSPENSION OF A            2,223        

CERTIFICATE IN THE MARGIN OF THE COURT'S RECORD OF SUCH            2,224        

CERTIFICATE.                                                                    

      Sec. 4760.14.  (A)  THE STATE MEDICAL BOARD SHALL            2,227        

INVESTIGATE EVIDENCE THAT APPEARS TO SHOW THAT ANY PERSON HAS      2,228        

VIOLATED THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  ANY PERSON                

MAY REPORT TO THE BOARD IN A SIGNED WRITING ANY INFORMATION THE    2,229        

PERSON HAS THAT APPEARS TO SHOW A VIOLATION OF ANY PROVISION OF    2,230        

THIS CHAPTER OR THE RULES ADOPTED UNDER IT.  IN THE ABSENCE OF     2,231        

BAD FAITH, A PERSON WHO REPORTS SUCH INFORMATION OR TESTIFIES      2,233        

BEFORE THE BOARD IN AN ADJUDICATION CONDUCTED UNDER CHAPTER 119.   2,234        

OF THE REVISED CODE SHALL NOT BE LIABLE FOR CIVIL DAMAGES AS A     2,235        

RESULT OF REPORTING THE INFORMATION OR PROVIDING TESTIMONY.  EACH  2,236        

COMPLAINT OR ALLEGATION OF A VIOLATION RECEIVED BY THE BOARD       2,238        

SHALL BE ASSIGNED A CASE NUMBER AND BE RECORDED BY THE BOARD.      2,239        

      (B)  INVESTIGATIONS OF ALLEGED VIOLATIONS OF THIS CHAPTER    2,241        

OR RULES ADOPTED UNDER IT SHALL BE SUPERVISED BY THE SUPERVISING   2,242        

MEMBER ELECTED BY THE BOARD IN ACCORDANCE WITH SECTION 4731.02 OF  2,244        

THE REVISED CODE AND BY THE SECRETARY AS PROVIDED IN SECTION       2,245        

4760.15 OF THE REVISED CODE.  THE BOARD'S PRESIDENT MAY DESIGNATE  2,246        

ANOTHER MEMBER OF THE BOARD TO SUPERVISE THE INVESTIGATION IN      2,247        

PLACE OF THE SUPERVISING MEMBER.  A MEMBER OF THE BOARD WHO        2,248        

SUPERVISES THE INVESTIGATION OF A CASE SHALL NOT PARTICIPATE IN    2,249        

FURTHER ADJUDICATION OF THE CASE.                                               

      (C)  IN INVESTIGATING A POSSIBLE VIOLATION OF THIS CHAPTER   2,251        

OR THE RULES ADOPTED UNDER IT, THE BOARD MAY ADMINISTER OATHS,     2,252        

ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, AND COMPEL THE   2,253        

ATTENDANCE OF WITNESSES AND PRODUCTION OF BOOKS, ACCOUNTS,         2,254        

PAPERS, RECORDS, DOCUMENTS, AND TESTIMONY, EXCEPT THAT A SUBPOENA  2,255        

FOR PATIENT RECORD INFORMATION SHALL NOT BE ISSUED WITHOUT         2,256        

                                                          51     


                                                                 
CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND APPROVAL OF    2,257        

THE SECRETARY AND SUPERVISING MEMBER OF THE BOARD.  BEFORE         2,258        

ISSUANCE OF A SUBPOENA FOR PATIENT RECORD INFORMATION, THE         2,260        

SECRETARY AND SUPERVISING MEMBER SHALL DETERMINE WHETHER THERE IS  2,261        

PROBABLE CAUSE TO BELIEVE THAT THE COMPLAINT FILED ALLEGES A       2,262        

VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER IT AND THAT   2,263        

THE RECORDS SOUGHT ARE RELEVANT TO THE ALLEGED VIOLATION AND       2,264        

MATERIAL TO THE INVESTIGATION.  THE SUBPOENA MAY APPLY ONLY TO     2,265        

RECORDS THAT COVER A REASONABLE PERIOD OF TIME SURROUNDING THE     2,267        

ALLEGED VIOLATION.                                                              

      ON FAILURE TO COMPLY WITH ANY SUBPOENA ISSUED BY THE BOARD   2,270        

AND AFTER REASONABLE NOTICE TO THE PERSON BEING SUBPOENAED, THE    2,271        

BOARD MAY MOVE FOR AN ORDER COMPELLING THE PRODUCTION OF PERSONS   2,272        

OR RECORDS PURSUANT TO THE RULES OF CIVIL PROCEDURE.               2,273        

      A SUBPOENA ISSUED BY THE BOARD MAY BE SERVED BY A SHERIFF,   2,275        

THE SHERIFF'S DEPUTY, OR A BOARD EMPLOYEE DESIGNATED BY THE        2,276        

BOARD.  SERVICE OF A SUBPOENA ISSUED BY THE BOARD MAY BE MADE BY   2,278        

DELIVERING A COPY OF THE SUBPOENA TO THE PERSON NAMED THEREIN,     2,279        

READING IT TO THE PERSON, OR LEAVING IT AT THE PERSON'S USUAL      2,280        

PLACE OF RESIDENCE.  WHEN THE PERSON BEING SERVED IS AN            2,281        

ANESTHESIOLOGIST ASSISTANT, SERVICE OF THE SUBPOENA MAY BE MADE    2,282        

BY CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED,  2,283        

AND THE SUBPOENA SHALL BE DEEMED SERVED ON THE DATE DELIVERY IS    2,284        

MADE OR THE DATE THE PERSON REFUSES TO ACCEPT DELIVERY.            2,285        

      A SHERIFF'S DEPUTY WHO SERVES A SUBPOENA SHALL RECEIVE THE   2,288        

SAME FEES AS A SHERIFF.  EACH WITNESS WHO APPEARS BEFORE THE       2,289        

BOARD IN OBEDIENCE TO A SUBPOENA SHALL RECEIVE THE FEES AND        2,290        

MILEAGE PROVIDED FOR WITNESSES IN CIVIL CASES IN THE COURTS OF                  

COMMON PLEAS.                                                      2,291        

      (D)  ALL HEARINGS AND INVESTIGATIONS OF THE BOARD SHALL BE   2,293        

CONSIDERED CIVIL ACTIONS FOR THE PURPOSES OF SECTION 2305.251 OF   2,294        

THE REVISED CODE.                                                               

      (E)  INFORMATION RECEIVED BY THE BOARD PURSUANT TO AN        2,296        

INVESTIGATION IS CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY IN ANY  2,297        

                                                          52     


                                                                 
CIVIL ACTION.                                                      2,298        

      THE BOARD SHALL CONDUCT ALL INVESTIGATIONS AND PROCEEDINGS   2,301        

IN A MANNER THAT PROTECTS THE CONFIDENTIALITY OF PATIENTS AND      2,302        

PERSONS WHO FILE COMPLAINTS WITH THE BOARD.  THE BOARD SHALL NOT   2,304        

MAKE PUBLIC THE NAMES OR ANY OTHER IDENTIFYING INFORMATION ABOUT   2,305        

PATIENTS OR COMPLAINANTS UNLESS PROPER CONSENT IS GIVEN.           2,306        

      THE BOARD MAY SHARE ANY INFORMATION IT RECEIVES PURSUANT TO  2,309        

AN INVESTIGATION, INCLUDING PATIENT RECORDS AND PATIENT RECORD     2,310        

INFORMATION, WITH LAW ENFORCEMENT AGENCIES, OTHER LICENSING        2,311        

BOARDS, AND OTHER GOVERNMENTAL AGENCIES THAT ARE PROSECUTING,      2,313        

ADJUDICATING, OR INVESTIGATING ALLEGED VIOLATIONS OF STATUTES OR   2,314        

ADMINISTRATIVE RULES.  AN AGENCY OR BOARD THAT RECEIVES THE        2,315        

INFORMATION SHALL COMPLY WITH THE SAME REQUIREMENTS REGARDING      2,316        

CONFIDENTIALITY AS THOSE WITH WHICH THE STATE MEDICAL BOARD MUST   2,317        

COMPLY, NOTWITHSTANDING ANY CONFLICTING PROVISION OF THE REVISED                

CODE OR PROCEDURE OF THE AGENCY OR BOARD THAT APPLIES WHEN IT IS   2,318        

DEALING WITH OTHER INFORMATION IN ITS POSSESSION.  IN A JUDICIAL   2,319        

PROCEEDING, THE INFORMATION MAY BE ADMITTED INTO EVIDENCE ONLY IN  2,321        

ACCORDANCE WITH THE RULES OF EVIDENCE, BUT THE COURT SHALL         2,322        

REQUIRE THAT APPROPRIATE MEASURES ARE TAKEN TO ENSURE THAT         2,323        

CONFIDENTIALITY IS MAINTAINED WITH RESPECT TO ANY PART OF THE      2,324        

INFORMATION THAT CONTAINS NAMES OR OTHER IDENTIFYING INFORMATION   2,325        

ABOUT PATIENTS OR COMPLAINANTS WHOSE CONFIDENTIALITY WAS           2,326        

PROTECTED BY THE STATE MEDICAL BOARD WHEN THE INFORMATION WAS IN   2,327        

THE BOARD'S POSSESSION.  MEASURES TO ENSURE CONFIDENTIALITY THAT                

MAY BE TAKEN BY THE COURT INCLUDE SEALING ITS RECORDS OR DELETING  2,329        

SPECIFIC INFORMATION FROM ITS RECORDS.                             2,330        

      (F)  THE STATE MEDICAL BOARD SHALL DEVELOP REQUIREMENTS FOR  2,333        

AND PROVIDE APPROPRIATE INITIAL TRAINING AND CONTINUING EDUCATION  2,334        

FOR INVESTIGATORS EMPLOYED BY THE BOARD TO CARRY OUT ITS DUTIES    2,335        

UNDER THIS CHAPTER.  THE TRAINING AND CONTINUING EDUCATION MAY     2,336        

INCLUDE ENROLLMENT IN COURSES OPERATED OR APPROVED BY THE OHIO     2,337        

PEACE OFFICER TRAINING COUNCIL THAT THE BOARD CONSIDERS            2,338        

APPROPRIATE UNDER CONDITIONS SET FORTH IN SECTION 109.79 OF THE    2,339        

                                                          53     


                                                                 
REVISED CODE.                                                                   

      (G)  ON A QUARTERLY BASIS, THE BOARD SHALL PREPARE A REPORT  2,342        

THAT DOCUMENTS THE DISPOSITION OF ALL CASES DURING THE PRECEDING   2,343        

THREE MONTHS.  THE REPORT SHALL CONTAIN THE FOLLOWING INFORMATION  2,344        

FOR EACH CASE WITH WHICH THE BOARD HAS COMPLETED ITS ACTIVITIES:   2,345        

      (1)  THE CASE NUMBER ASSIGNED TO THE COMPLAINT OR ALLEGED    2,348        

VIOLATION;                                                                      

      (2)  THE TYPE OF CERTIFICATE TO PRACTICE, IF ANY, HELD BY    2,351        

THE INDIVIDUAL AGAINST WHOM THE COMPLAINT IS DIRECTED;                          

      (3)  A DESCRIPTION OF THE ALLEGATIONS CONTAINED IN THE       2,353        

COMPLAINT;                                                         2,354        

      (4)  THE DISPOSITION OF THE CASE.                            2,356        

      THE REPORT SHALL STATE HOW MANY CASES ARE STILL PENDING,     2,358        

AND SHALL BE PREPARED IN A MANNER THAT PROTECTS THE IDENTITY OF    2,361        

EACH PERSON INVOLVED IN EACH CASE.  THE REPORT IS A PUBLIC RECORD               

FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE.                2,362        

      Sec. 4760.15.  (A)  AS USED IN THIS SECTION, "PROSECUTOR"    2,364        

HAS THE SAME MEANING AS IN SECTION 2935.01 OF THE REVISED CODE.    2,365        

      (B)  WHENEVER ANY PERSON HOLDING A VALID CERTIFICATE ISSUED  2,367        

PURSUANT TO THIS CHAPTER PLEADS GUILTY TO, IS SUBJECT TO A         2,369        

JUDICIAL FINDING OF GUILT OF, OR IS SUBJECT TO A JUDICIAL FINDING  2,370        

OF ELIGIBILITY FOR INTERVENTION IN LIEU OF CONVICTION FOR A        2,371        

VIOLATION OF CHAPTER 2907., 2925., OR 3719. OF THE REVISED CODE                 

OR OF ANY SUBSTANTIVELY COMPARABLE ORDINANCE OF A MUNICIPAL        2,372        

CORPORATION IN CONNECTION WITH THE PERSON'S PRACTICE, THE          2,373        

PROSECUTOR IN THE CASE, ON FORMS PRESCRIBED AND PROVIDED BY THE    2,375        

STATE MEDICAL BOARD, SHALL PROMPTLY NOTIFY THE BOARD OF THE        2,376        

CONVICTION.  WITHIN THIRTY DAYS OF RECEIPT OF THAT INFORMATION,    2,378        

THE BOARD SHALL INITIATE ACTION IN ACCORDANCE WITH CHAPTER 119.    2,379        

OF THE REVISED CODE TO DETERMINE WHETHER TO SUSPEND OR REVOKE THE  2,380        

CERTIFICATE UNDER SECTION 4760.13 OF THE REVISED CODE.             2,381        

      (C)  THE PROSECUTOR IN ANY CASE AGAINST ANY PERSON HOLDING   2,383        

A VALID CERTIFICATE OF REGISTRATION ISSUED PURSUANT TO THIS        2,384        

CHAPTER, ON FORMS PRESCRIBED AND PROVIDED BY THE STATE MEDICAL     2,385        

                                                          54     


                                                                 
BOARD, SHALL NOTIFY THE BOARD OF ANY OF THE FOLLOWING:             2,386        

      (1)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,389        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,390        

LIEU OF CONVICTION FOR A FELONY, OR A CASE IN WHICH THE TRIAL      2,392        

COURT ISSUES AN ORDER OF DISMISSAL UPON TECHNICAL OR PROCEDURAL    2,393        

GROUNDS OF A FELONY CHARGE;                                        2,394        

      (2)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,398        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,399        

LIEU OF CONVICTION FOR A MISDEMEANOR COMMITTED IN THE COURSE OF    2,401        

PRACTICE, OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF    2,402        

DISMISSAL UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A    2,404        

MISDEMEANOR, IF THE ALLEGED ACT WAS COMMITTED IN THE COURSE OF     2,405        

PRACTICE;                                                                       

      (3)  A PLEA OF GUILTY TO, A FINDING OF GUILT BY A JURY OR    2,408        

COURT OF, OR JUDICIAL FINDING OF ELIGIBILITY FOR INTERVENTION IN   2,409        

LIEU OF CONVICTION FOR A MISDEMEANOR INVOLVING MORAL TURPITUDE,    2,411        

OR A CASE IN WHICH THE TRIAL COURT ISSUES AN ORDER OF DISMISSAL    2,412        

UPON TECHNICAL OR PROCEDURAL GROUNDS OF A CHARGE OF A MISDEMEANOR  2,414        

INVOLVING MORAL TURPITUDE.                                         2,415        

      THE REPORT SHALL INCLUDE THE NAME AND ADDRESS OF THE         2,417        

CERTIFICATE HOLDER, THE NATURE OF THE OFFENSE FOR WHICH THE        2,418        

ACTION WAS TAKEN, AND THE CERTIFIED COURT DOCUMENTS RECORDING THE  2,419        

ACTION.                                                            2,420        

      Sec. 4760.16.  (A)  WITHIN SIXTY DAYS AFTER THE IMPOSITION   2,423        

OF ANY FORMAL DISCIPLINARY ACTION TAKEN BY ANY HEALTH CARE         2,424        

FACILITY, INCLUDING A HOSPITAL, HEALTH CARE FACILITY OPERATED BY   2,425        

AN INSURING CORPORATION, AMBULATORY SURGICAL FACILITY, OR SIMILAR  2,426        

FACILITY, AGAINST ANY INDIVIDUAL HOLDING A VALID CERTIFICATE OF    2,428        

REGISTRATION AS AN ANESTHESIOLOGIST ASSISTANT, THE CHIEF           2,429        

ADMINISTRATOR OR EXECUTIVE OFFICER OF THE FACILITY SHALL REPORT    2,432        

TO THE STATE MEDICAL BOARD THE NAME OF THE INDIVIDUAL, THE ACTION  2,433        

TAKEN BY THE FACILITY, AND A SUMMARY OF THE UNDERLYING FACTS       2,434        

LEADING TO THE ACTION TAKEN.  ON REQUEST, THE BOARD SHALL BE       2,435        

PROVIDED CERTIFIED COPIES OF THE PATIENT RECORDS THAT WERE THE                  

                                                          55     


                                                                 
BASIS FOR THE FACILITY'S ACTION.   PRIOR TO RELEASE TO THE BOARD,  2,437        

THE SUMMARY SHALL BE APPROVED BY THE PEER REVIEW COMMITTEE THAT    2,438        

REVIEWED THE CASE OR BY THE GOVERNING BOARD OF THE FACILITY.       2,440        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,443        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY                  

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A HEALTH CARE         2,444        

FACILITY FROM TAKING DISCIPLINARY ACTION AGAINST AN                2,446        

ANESTHESIOLOGIST ASSISTANT.                                                     

      IN THE ABSENCE OF FRAUD OR BAD FAITH, NO INDIVIDUAL OR       2,448        

ENTITY THAT PROVIDES PATIENT RECORDS TO THE BOARD SHALL BE LIABLE  2,449        

IN DAMAGES TO ANY PERSON AS A RESULT OF PROVIDING THE RECORDS.     2,450        

      (B)  AN ANESTHESIOLOGIST ASSISTANT, PROFESSIONAL             2,452        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS, PHYSICIAN,  2,454        

OR PROFESSIONAL ASSOCIATION OR SOCIETY OF PHYSICIANS THAT          2,455        

BELIEVES A VIOLATION OF ANY PROVISION OF THIS CHAPTER, CHAPTER     2,456        

4731. OF THE REVISED CODE, OR RULE OF THE BOARD HAS OCCURRED       2,459        

SHALL REPORT TO THE BOARD THE INFORMATION ON WHICH THE BELIEF IS   2,460        

BASED.  THIS DIVISION DOES NOT REQUIRE ANY TREATMENT PROVIDER      2,461        

APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE REVISED CODE    2,463        

OR ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF SUCH A PROVIDER TO    2,464        

MAKE REPORTS WITH RESPECT TO AN ANESTHESIOLOGIST ASSISTANT                      

PARTICIPATING IN TREATMENT OR AFTERCARE FOR SUBSTANCE ABUSE AS     2,466        

LONG AS THE ANESTHESIOLOGIST ASSISTANT MAINTAINS PARTICIPATION IN  2,467        

ACCORDANCE WITH THE REQUIREMENTS OF SECTION 4731.25 OF THE         2,468        

REVISED CODE AND THE TREATMENT PROVIDER OR EMPLOYEE, AGENT, OR     2,470        

REPRESENTATIVE OF THE PROVIDER HAS NO REASON TO BELIEVE THAT THE   2,471        

ANESTHESIOLOGIST ASSISTANT HAS VIOLATED ANY PROVISION OF THIS      2,472        

CHAPTER OR RULE ADOPTED UNDER IT, OTHER THAN BEING IMPAIRED BY     2,473        

ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  THIS DIVISION DOES NOT       2,474        

REQUIRE REPORTING BY ANY MEMBER OF AN IMPAIRED PRACTITIONER        2,475        

COMMITTEE ESTABLISHED BY A HEALTH CARE FACILITY OR BY ANY          2,476        

REPRESENTATIVE OR AGENT OF A COMMITTEE OR PROGRAM SPONSORED BY A   2,477        

PROFESSIONAL ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST            2,478        

ASSISTANTS TO PROVIDE PEER ASSISTANCE TO ANESTHESIOLOGIST          2,480        

                                                          56     


                                                                 
ASSISTANTS WITH SUBSTANCE ABUSE PROBLEMS WITH RESPECT TO AN        2,481        

ANESTHESIOLOGIST ASSISTANT WHO HAS BEEN REFERRED FOR EXAMINATION   2,482        

TO A TREATMENT PROGRAM APPROVED BY THE BOARD UNDER SECTION         2,483        

4731.25 OF THE REVISED CODE IF THE ANESTHESIOLOGIST ASSISTANT      2,484        

COOPERATES WITH THE REFERRAL FOR EXAMINATION AND WITH ANY          2,485        

DETERMINATION THAT THE ANESTHESIOLOGIST ASSISTANT SHOULD ENTER                  

TREATMENT AND AS LONG AS THE COMMITTEE MEMBER, REPRESENTATIVE, OR  2,487        

AGENT HAS NO REASON TO BELIEVE THAT THE ANESTHESIOLOGIST           2,488        

ASSISTANT HAS CEASED TO PARTICIPATE IN THE TREATMENT PROGRAM IN    2,489        

ACCORDANCE WITH SECTION 4731.25 OF THE REVISED CODE OR HAS         2,490        

VIOLATED ANY PROVISION OF THIS CHAPTER OR RULE ADOPTED UNDER IT,   2,491        

OTHER THAN BEING IMPAIRED BY ALCOHOL, DRUGS, OR OTHER SUBSTANCES.  2,492        

      (C)  ANY PROFESSIONAL ASSOCIATION OR SOCIETY COMPOSED        2,494        

PRIMARILY OF ANESTHESIOLOGIST ASSISTANTS THAT SUSPENDS OR REVOKES  2,495        

AN INDIVIDUAL'S MEMBERSHIP FOR VIOLATIONS OF PROFESSIONAL ETHICS,  2,496        

OR FOR REASONS OF PROFESSIONAL INCOMPETENCE OR PROFESSIONAL        2,497        

MALPRACTICE, WITHIN SIXTY DAYS AFTER A FINAL DECISION, SHALL       2,498        

REPORT TO THE BOARD, ON FORMS PRESCRIBED AND PROVIDED BY THE       2,499        

BOARD, THE NAME OF THE INDIVIDUAL, THE ACTION TAKEN BY THE         2,501        

PROFESSIONAL ORGANIZATION, AND A SUMMARY OF THE UNDERLYING FACTS   2,502        

LEADING TO THE ACTION TAKEN.                                       2,503        

      THE FILING OF A REPORT WITH THE BOARD OR DECISION NOT TO     2,505        

FILE A REPORT, INVESTIGATION BY THE BOARD, OR ANY DISCIPLINARY     2,506        

ACTION TAKEN BY THE BOARD, DOES NOT PRECLUDE A PROFESSIONAL        2,507        

ORGANIZATION FROM TAKING DISCIPLINARY ACTION AGAINST AN            2,509        

ANESTHESIOLOGIST ASSISTANT.                                                     

      (D)  ANY INSURER PROVIDING PROFESSIONAL LIABILITY INSURANCE  2,512        

TO ANY PERSON HOLDING A VALID CERTIFICATE OF REGISTRATION AS AN    2,513        

ANESTHESIOLOGIST ASSISTANT OR ANY OTHER ENTITY THAT SEEKS TO       2,514        

INDEMNIFY THE PROFESSIONAL LIABILITY OF AN ANESTHESIOLOGIST        2,515        

ASSISTANT SHALL NOTIFY THE BOARD WITHIN THIRTY DAYS AFTER THE                   

FINAL DISPOSITION OF ANY WRITTEN CLAIM FOR DAMAGES WHERE SUCH      2,516        

DISPOSITION RESULTS IN A PAYMENT EXCEEDING TWENTY-FIVE THOUSAND    2,517        

DOLLARS.  THE NOTICE SHALL CONTAIN THE FOLLOWING INFORMATION:      2,518        

                                                          57     


                                                                 
      (1)  THE NAME AND ADDRESS OF THE PERSON SUBMITTING THE       2,520        

NOTIFICATION;                                                      2,521        

      (2)  THE NAME AND ADDRESS OF THE INSURED WHO IS THE SUBJECT  2,524        

OF THE CLAIM;                                                                   

      (3)  THE NAME OF THE PERSON FILING THE WRITTEN CLAIM;        2,526        

      (4)  THE DATE OF FINAL DISPOSITION;                          2,528        

      (5)  IF APPLICABLE, THE IDENTITY OF THE COURT IN WHICH THE   2,531        

FINAL DISPOSITION OF THE CLAIM TOOK PLACE.                                      

      (E)  THE BOARD MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS   2,534        

CHAPTER OR THE RULES ADOPTED UNDER IT THAT ARE BROUGHT TO ITS                   

ATTENTION AS A RESULT OF THE REPORTING REQUIREMENTS OF THIS        2,537        

SECTION, EXCEPT THAT THE BOARD SHALL CONDUCT AN INVESTIGATION IF   2,538        

A POSSIBLE VIOLATION INVOLVES REPEATED MALPRACTICE.  AS USED IN    2,539        

THIS DIVISION, "REPEATED MALPRACTICE" MEANS THREE OR MORE CLAIMS   2,540        

FOR MALPRACTICE WITHIN THE PREVIOUS FIVE-YEAR PERIOD, EACH         2,541        

RESULTING IN A JUDGMENT OR SETTLEMENT IN EXCESS OF TWENTY-FIVE     2,543        

THOUSAND DOLLARS IN FAVOR OF THE CLAIMANT, AND EACH INVOLVING      2,544        

NEGLIGENT CONDUCT BY THE ANESTHESIOLOGIST ASSISTANT.               2,545        

      (F)  ALL SUMMARIES, REPORTS, AND RECORDS RECEIVED AND        2,548        

MAINTAINED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE HELD IN  2,549        

CONFIDENCE AND SHALL NOT BE SUBJECT TO DISCOVERY OR INTRODUCTION   2,550        

IN EVIDENCE IN ANY FEDERAL OR STATE CIVIL ACTION INVOLVING AN      2,551        

ANESTHESIOLOGIST ASSISTANT, SUPERVISING PHYSICIAN, OR HEALTH CARE               

FACILITY ARISING OUT OF MATTERS THAT ARE THE SUBJECT OF THE        2,553        

REPORTING REQUIRED BY THIS SECTION.  THE BOARD MAY USE THE         2,554        

INFORMATION OBTAINED ONLY AS THE BASIS FOR AN INVESTIGATION, AS    2,556        

EVIDENCE IN A DISCIPLINARY HEARING AGAINST AN ANESTHESIOLOGIST     2,557        

ASSISTANT OR SUPERVISING PHYSICIAN, OR IN ANY SUBSEQUENT TRIAL OR  2,558        

APPEAL OF A BOARD ACTION OR ORDER.                                 2,560        

      THE BOARD MAY DISCLOSE THE SUMMARIES AND REPORTS IT          2,562        

RECEIVES UNDER THIS SECTION ONLY TO HEALTH CARE FACILITY           2,563        

COMMITTEES WITHIN OR OUTSIDE THIS STATE THAT ARE INVOLVED IN       2,565        

CREDENTIALING OR RECREDENTIALING AN ANESTHESIOLOGIST ASSISTANT OR  2,566        

SUPERVISING PHYSICIAN OR REVIEWING THEIR PRIVILEGE TO PRACTICE     2,568        

                                                          58     


                                                                 
WITHIN A PARTICULAR FACILITY.  THE BOARD SHALL INDICATE WHETHER    2,569        

OR NOT THE INFORMATION HAS BEEN VERIFIED.  INFORMATION                          

TRANSMITTED BY THE BOARD SHALL BE SUBJECT TO THE SAME              2,570        

CONFIDENTIALITY PROVISIONS AS WHEN MAINTAINED BY THE BOARD.        2,571        

      (G)  EXCEPT FOR REPORTS FILED BY AN INDIVIDUAL PURSUANT TO   2,574        

DIVISION (B) OF THIS SECTION, THE BOARD SHALL SEND A COPY OF ANY   2,575        

REPORTS OR SUMMARIES IT RECEIVES PURSUANT TO THIS SECTION TO THE   2,576        

ANESTHESIOLOGIST ASSISTANT.  THE ANESTHESIOLOGIST ASSISTANT SHALL  2,578        

HAVE THE RIGHT TO FILE A STATEMENT WITH THE BOARD CONCERNING THE   2,579        

CORRECTNESS OR RELEVANCE OF THE INFORMATION.  THE STATEMENT SHALL  2,580        

AT ALL TIMES ACCOMPANY THAT PART OF THE RECORD IN CONTENTION.      2,582        

      (H)  AN INDIVIDUAL OR ENTITY THAT REPORTS TO THE BOARD OR    2,585        

REFERS AN IMPAIRED ANESTHESIOLOGIST ASSISTANT TO A TREATMENT       2,586        

PROVIDER APPROVED BY THE BOARD UNDER SECTION 4731.25 OF THE        2,588        

REVISED CODE SHALL NOT BE SUBJECT TO SUIT FOR CIVIL DAMAGES AS A   2,589        

RESULT OF THE REPORT, REFERRAL, OR PROVISION OF THE INFORMATION.   2,590        

      (I)  IN THE ABSENCE OF FRAUD OR BAD FAITH, A PROFESSIONAL    2,593        

ASSOCIATION OR SOCIETY OF ANESTHESIOLOGIST ASSISTANTS THAT                      

SPONSORS A COMMITTEE OR PROGRAM TO PROVIDE PEER ASSISTANCE TO AN   2,596        

ANESTHESIOLOGIST ASSISTANT WITH SUBSTANCE ABUSE PROBLEMS, A                     

REPRESENTATIVE OR AGENT OF SUCH A COMMITTEE OR PROGRAM, AND A      2,598        

MEMBER OF THE STATE MEDICAL BOARD SHALL NOT BE HELD LIABLE IN      2,599        

DAMAGES TO ANY PERSON BY REASON OF ACTIONS TAKEN TO REFER AN       2,600        

ANESTHESIOLOGIST ASSISTANT TO A TREATMENT PROVIDER APPROVED UNDER  2,601        

SECTION 4731.25 OF THE REVISED CODE FOR EXAMINATION OR TREATMENT.  2,602        

      Sec. 4760.17.  THE SECRETARY OF THE STATE MEDICAL BOARD      2,605        

SHALL ENFORCE THE LAWS RELATING TO THE PRACTICE OF                 2,606        

ANESTHESIOLOGIST ASSISTANTS.  IF THE SECRETARY HAS KNOWLEDGE OR                 

NOTICE OF A VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED UNDER   2,608        

IT, THE SECRETARY SHALL INVESTIGATE THE MATTER, AND, UPON          2,609        

PROBABLE CAUSE APPEARING, FILE A COMPLAINT AND PROSECUTE THE       2,610        

OFFENDER.  WHEN REQUESTED BY THE SECRETARY, THE PROSECUTING        2,611        

ATTORNEY OF THE PROPER COUNTY SHALL TAKE CHARGE OF AND CONDUCT     2,612        

THE PROSECUTION.                                                                

                                                          59     


                                                                 
      Sec. 4760.18.  THE ATTORNEY GENERAL, THE PROSECUTING         2,615        

ATTORNEY OF ANY COUNTY IN WHICH THE OFFENSE WAS COMMITTED OR THE   2,616        

OFFENDER RESIDES, THE STATE MEDICAL BOARD, OR ANY OTHER PERSON     2,617        

HAVING KNOWLEDGE OF A PERSON ENGAGED EITHER DIRECTLY OR BY         2,618        

COMPLICITY IN PRACTICING AS AN ANESTHESIOLOGIST ASSISTANT WITHOUT  2,620        

HAVING FIRST OBTAINED A CERTIFICATE OF REGISTRATION PURSUANT TO    2,621        

THIS CHAPTER, MAY, IN ACCORDANCE WITH PROVISIONS OF THE REVISED    2,622        

CODE GOVERNING INJUNCTIONS, MAINTAIN AN ACTION IN THE NAME OF THE  2,623        

STATE TO ENJOIN ANY PERSON FROM ENGAGING EITHER DIRECTLY OR BY     2,624        

COMPLICITY IN UNLAWFULLY PRACTICING AS AN ANESTHESIOLOGIST         2,626        

ASSISTANT BY APPLYING FOR AN INJUNCTION IN ANY COURT OF COMPETENT  2,627        

JURISDICTION.                                                      2,628        

      PRIOR TO APPLICATION FOR AN INJUNCTION, THE SECRETARY OF     2,630        

THE STATE MEDICAL BOARD SHALL NOTIFY THE PERSON ALLEGEDLY ENGAGED  2,631        

EITHER DIRECTLY OR BY COMPLICITY IN THE UNLAWFUL PRACTICE BY       2,633        

REGISTERED MAIL THAT THE SECRETARY HAS RECEIVED INFORMATION        2,634        

INDICATING THAT THIS PERSON IS SO ENGAGED.  THE PERSON SHALL       2,635        

ANSWER THE SECRETARY WITHIN THIRTY DAYS SHOWING THAT THE PERSON    2,636        

IS EITHER PROPERLY LICENSED FOR THE STATED ACTIVITY OR THAT THE    2,638        

PERSON IS NOT IN VIOLATION OF THIS CHAPTER.  IF THE ANSWER IS NOT  2,641        

FORTHCOMING WITHIN THIRTY DAYS AFTER NOTICE BY THE SECRETARY, THE  2,643        

SECRETARY SHALL REQUEST THAT THE ATTORNEY GENERAL, THE             2,644        

PROSECUTING ATTORNEY OF THE COUNTY IN WHICH THE OFFENSE WAS                     

COMMITTED OR THE OFFENDER RESIDES, OR THE STATE MEDICAL BOARD      2,645        

PROCEED AS AUTHORIZED IN THIS SECTION.                             2,646        

      UPON THE FILING OF A VERIFIED PETITION IN COURT, THE COURT   2,648        

SHALL CONDUCT A HEARING ON THE PETITION AND SHALL GIVE THE SAME    2,649        

PREFERENCE TO THIS PROCEEDING AS IS GIVEN ALL PROCEEDINGS UNDER    2,651        

CHAPTER 119. OF THE REVISED CODE, IRRESPECTIVE OF THE POSITION OF  2,653        

THE PROCEEDING ON THE CALENDAR OF THE COURT.                                    

      INJUNCTION PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN   2,656        

LIEU OF, ALL PENALTIES AND OTHER REMEDIES PROVIDED IN THIS         2,657        

CHAPTER.                                                                        

      Sec. 4760.19.  THE STATE MEDICAL BOARD MAY ADOPT ANY RULES   2,659        

                                                          60     


                                                                 
NECESSARY TO GOVERN THE PRACTICE OF ANESTHESIOLOGIST ASSISTANTS,   2,661        

THE SUPERVISORY RELATIONSHIP BETWEEN ANESTHESIOLOGIST ASSISTANTS   2,663        

AND SUPERVISING ANESTHESIOLOGISTS, AND THE ADMINISTRATION AND      2,664        

ENFORCEMENT OF THIS CHAPTER.  RULES ADOPTED UNDER THIS SECTION     2,665        

SHALL BE ADOPTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED    2,666        

CODE.                                                                           

      Sec. 4760.20.  THE STATE MEDICAL BOARD, SUBJECT TO THE       2,668        

APPROVAL OF THE CONTROLLING BOARD, MAY ESTABLISH FEES IN EXCESS    2,670        

OF THE AMOUNTS SPECIFIED IN THIS CHAPTER, EXCEPT THAT THE FEES     2,673        

MAY NOT EXCEED THE SPECIFIED AMOUNTS BY MORE THAN FIFTY PER CENT.  2,675        

      ALL FEES, PENALTIES, AND OTHER FUNDS RECEIVED BY THE BOARD   2,677        

UNDER THIS CHAPTER SHALL BE DEPOSITED IN ACCORDANCE WITH SECTION   2,678        

4731.24 OF THE REVISED CODE.                                                    

      Sec. 4760.21.  IN THE ABSENCE OF FRAUD OR BAD FAITH, THE     2,681        

STATE MEDICAL BOARD, A CURRENT OR FORMER BOARD MEMBER, AN AGENT                 

OF THE BOARD, A PERSON FORMALLY REQUESTED BY THE BOARD TO BE THE   2,683        

BOARD'S REPRESENTATIVE, OR AN EMPLOYEE OF THE BOARD SHALL NOT BE   2,684        

HELD LIABLE IN DAMAGES TO ANY PERSON AS THE RESULT OF ANY ACT,     2,685        

OMISSION, PROCEEDING, CONDUCT, OR DECISION RELATED TO OFFICIAL     2,686        

DUTIES UNDERTAKEN OR PERFORMED PURSUANT TO THIS CHAPTER.  IF ANY   2,688        

SUCH PERSON ASKS TO BE DEFENDED BY THE STATE AGAINST ANY CLAIM OR  2,689        

ACTION ARISING OUT OF ANY ACT, OMISSION, PROCEEDING, CONDUCT, OR   2,690        

DECISION RELATED TO THE PERSON'S OFFICIAL DUTIES, AND IF THE       2,691        

REQUEST IS MADE IN WRITING AT A REASONABLE TIME BEFORE TRIAL AND   2,692        

THE PERSON REQUESTING DEFENSE COOPERATES IN GOOD FAITH IN THE      2,693        

DEFENSE OF THE CLAIM OR ACTION, THE STATE SHALL PROVIDE AND PAY    2,694        

FOR THE PERSON'S DEFENSE AND SHALL PAY ANY RESULTING JUDGMENT,     2,695        

COMPROMISE, OR SETTLEMENT.  AT NO TIME SHALL THE STATE PAY ANY     2,696        

PART OF A CLAIM OR JUDGMENT THAT IS FOR PUNITIVE OR EXEMPLARY      2,697        

DAMAGES.                                                                        

      Sec. 4760.99.  (A)  WHOEVER VIOLATES SECTION 4760.02 OF THE  2,699        

REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE ON A   2,701        

FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE, THE PERSON IS GUILTY    2,703        

OF A FELONY OF THE FOURTH DEGREE.                                               

                                                          61     


                                                                 
      (B)  WHOEVER VIOLATES DIVISION (A), (B), (C), OR (D) OF      2,706        

SECTION 4760.16 OF THE REVISED CODE IS GUILTY OF A MINOR           2,707        

MISDEMEANOR ON A FIRST OFFENSE; ON EACH SUBSEQUENT OFFENSE THE     2,708        

PERSON IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE, EXCEPT     2,709        

THAT AN INDIVIDUAL GUILTY OF A SUBSEQUENT OFFENSE SHALL NOT BE     2,710        

SUBJECT TO IMPRISONMENT, BUT TO A FINE ALONE OF UP TO ONE          2,711        

THOUSAND DOLLARS FOR EACH OFFENSE.                                 2,712        

      Section 2.  That existing sections 4731.051, 4731.07,        2,714        

4731.091, 4731.14, 4731.22, 4731.224, 4731.24, 4731.25, and        2,716        

4731.35 of the Revised Code are hereby repealed.                                

      Section 3.  Section 4760.02 of the Revised Code as enacted   2,718        

by this act shall take effect one year after the effective date    2,719        

of this section.                                                                

      Section 4.  Until the day that is one year after the         2,722        

effective date of this section all of the following are the case:  2,723        

      (A)  An individual who practices as an anesthesiologist      2,725        

assistant under the direct supervision and in the immediate        2,726        

presence of an anesthesiologist may continue to practice without   2,727        

a valid certificate of registration from the State Medical Board   2,728        

if the anesthesiologist assistant holds current certification      2,729        

from the National Commission for Certification of                  2,730        

Anesthesiologist Assistants and maintains a written protocol with  2,731        

the supervising anesthesiologist.                                  2,732        

      (B)  An anesthesiologist may continue to supervise           2,734        

anesthesiologist assistants who do not hold a valid certificate    2,735        

of registration from the State Medical Board if the                2,736        

anesthesiologist complies with the practice and supervision        2,737        

requirements in sections 4760.08 and 4760.09 of the Revised Code.  2,738        

      (C)  Notwithstanding division (C) of section 4760.03 of the  2,740        

Revised Code, the State Medical Board may use a reasonable amount  2,741        

of time for reviewing applications filed under section 4760.03 of  2,742        

the Revised Code for a certificate of registration.  If an         2,743        

application is filed under section 4760.03 not later then four     2,744        

months after the effective date of this section, the Board shall   2,745        

                                                          62     


                                                                 
determine prior to the effective date of section 4760.02 of the    2,746        

Revised Code whether the applicant meets the requirements to       2,747        

receive a certificate of registration.                             2,748        

      Section 5.  No physician shall be subject to professional    2,750        

discipline by the State Medical Board under section 4731.22 of     2,751        

the Revised Code because on or after April 20, 2000, but before    2,752        

the effective date of section 4760.02 of the Revised Code the      2,753        

physician supervised an anesthesiologist assistant who practiced   2,754        

without a valid certificate of registration if the                 2,755        

anesthesiologist acted in accordance with division (B) of Section  2,756        

4 of this act.  No anesthesiologist assistant shall be subject to  2,757        

professional discipline by the State Medical Board under section   2,758        

4760.13 of the Revised Code or refused a certificate of            2,759        

registration under section 4760.03 solely because on or after      2,760        

April 20, 2000, but before the effective date of section 4760.02   2,761        

of the Revised Code the anesthesiologist assistant practiced       2,762        

without a valid certificate of registration if the                 2,763        

anesthesiologist assistant practiced in accordance division (A)    2,764        

of Section 4 of this act.                                          2,765        

      Section 6.  The authority this act grants to the State       2,767        

Medical Board to take disciplinary action under section 4760.13    2,768        

of the Revised Code against a person who has been found eligible   2,769        

for intervention in lieu of conviction extends to a person who,    2,770        

prior to the effective date of Am. Sub. S.B. 107 of the 123rd      2,771        

General Assembly, was found eligible for treatment in lieu of      2,772        

conviction.                                                                     

      Section 7.  This act is hereby declared to be an emergency   2,774        

measure necessary for the immediate preservation of the public     2,775        

peace, health, and safety.  The reason for such necessity is that  2,776        

the authority to regulate the practice of anesthesiologist         2,777        

assistants granted by the act to the State Medical Board will      2,778        

enhance the quality and safety of health care provided to the      2,779        

residents of this state.  Therefore, this act shall go into        2,780        

immediate effect.                                                  2,781