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
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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
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(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
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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
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(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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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