As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 56 5
1999-2000 6
SENATORS WHITE-DRAKE-CUPP-CARNES-MUMPER-SHOEMAKER- 8
SCHAFRATH-PRENTISS 9
11
A B I L L
To amend section 4731.22 and to enact section 13
4731.31 of the Revised Code to permit rural 14
hospitals to employ physicians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 4731.22 be amended and section 18
4731.31 of the Revised Code be enacted to read as follows: 19
Sec. 4731.22. (A) The state medical board, pursuant to an 28
adjudication under Chapter 119. of the Revised Code and by a vote 30
of not fewer than six of its members, may revoke or may refuse to 31
grant a certificate to a person found by the board to have 32
committed fraud in passing the examination or to have committed 33
fraud, misrepresentation, or deception in applying for or 34
securing any license or certificate issued by the board.
(B) The board, pursuant to an adjudication under Chapter 37
119. of the Revised Code and by a vote of not fewer than six 38
members, shall, to the extent permitted by law, limit, revoke, or 39
suspend a certificate, refuse to register or refuse to reinstate 40
an applicant, or reprimand or place on probation the holder of a 41
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate of 43
registration to be used by a person, group, or corporation when 44
the individual concerned is not actually directing the treatment 45
given; 46
(2) Failure to use reasonable care discrimination in the 48
administration of drugs, or failure to employ acceptable 49
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scientific methods in the selection of drugs or other modalities 50
for treatment of disease; 51
(3) Selling, giving away, personally furnishing, 53
prescribing, or administering drugs for other than legal and 55
legitimate therapeutic purposes or a plea of guilty to, or a 56
judicial finding of guilt of, a violation of any federal or state 57
law regulating the possession, distribution, or use of any drug; 58
(4) Willfully betraying a professional confidence. For 60
purposes of this division, "willfully betraying a professional 61
confidence" does not include the making of a report of an 62
employee's use of a drug of abuse, or a report of a condition of 63
an employee other than one involving the use of a drug of abuse, 64
to the employer of the employee as described in division (B) of 65
section 2305.33 of the Revised Code, and nothing in this division 66
affects the immunity from civil liability conferred by that 68
section upon a physician who makes either type of report in 69
accordance with division (B) of that section. As used in this 70
division, "employee," "employer," and "physician" have the same 71
meanings as in section 2305.33 of the Revised Code. 72
(5) Soliciting patients or publishing a false, fraudulent, 74
deceptive, or misleading statement. 75
As used in this division, "false, fraudulent, deceptive, or 77
misleading statement" means a statement that includes a 78
misrepresentation of fact, is likely to mislead or deceive 79
because of a failure to disclose material facts, is intended or 80
is likely to create false or unjustified expectations of 81
favorable results, or includes representations or implications 82
that in reasonable probability will cause an ordinarily prudent 83
person to misunderstand or be deceived. 84
(6) A departure from, or the failure to conform to, 86
minimal standards of care of similar practitioners under the same 87
or similar circumstances, whether or not actual injury to a 88
patient is established; 89
(7) Representing, with the purpose of obtaining 91
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compensation or other advantage for self or for any other person, 93
that an incurable disease or injury, or other incurable
condition, can be permanently cured; 94
(8) The obtaining of, or attempting to obtain, money or 96
anything of value by fraudulent misrepresentations in the course 97
of practice; 98
(9) A plea of guilty to, or a judicial finding of guilt 100
of, a felony; 101
(10) Commission of an act that constitutes a felony in 103
this state regardless of the jurisdiction in which the act was 104
committed; 105
(11) A plea of guilty to, or a judicial finding of guilt 107
of, a misdemeanor committed in the course of practice; 108
(12) Commission of an act that constitutes a misdemeanor 110
in this state regardless of the jurisdiction in which the act was 111
committed, if the act was committed in the course of practice; 112
(13) A plea of guilty to, or a judicial finding of guilt 114
of, a misdemeanor involving moral turpitude; 115
(14) Commission of an act that constitutes a misdemeanor 117
in this state regardless of the jurisdiction in which the act was 118
committed, if the act involves moral turpitude; 119
(15) Violation of the conditions of limitation placed by 121
the board upon a certificate to practice or violation of the 122
conditions of limitation upon which a limited or temporary 123
registration or certificate to practice is issued; 124
(16) Failure to pay license renewal fees specified in this 126
chapter; 127
(17) Engaging EXCEPT AS AUTHORIZED IN SECTION 4731.31 OF 129
THE REVISED CODE, ENGAGING in the division of fees for referral 130
of patients, or the receiving of a thing of value in return for a 132
specific referral of a patient to utilize a particular service or 133
business;
(18)(a) Subject to section 4731.226 of the Revised Code, 136
violation of any provision of a code of ethics of the American 137
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medical association, the American osteopathic association, the 138
American podiatric medical association, or any other national 140
professional organizations as are determined, by rule, by the 141
state medical board. The state medical board shall obtain and 142
keep on file current copies of the codes of ethics of the various 143
national professional organizations. The practitioner whose 144
certificate is being suspended or revoked shall not be found to 145
have violated any provision of a code of ethics of an 146
organization not appropriate to the practitioner's profession. 147
(b) For purposes of this division, a "provision of a code 149
of ethics of a national professional organization" does not 150
include any provision of a code of ethics of a specified national 151
professional organization that would preclude the making of a 152
report by a physician of an employee's use of a drug of abuse, or 153
of a condition of an employee other than one involving the use of 154
a drug of abuse, to the employer of the employee as described in 155
division (B) of section 2305.33 of the Revised Code, and nothing 156
in this division affects the immunity from civil liability 158
conferred by that section upon a physician who makes either type 159
of report in accordance with division (B) of that section. As 160
used in this division, "employee," "employer," and "physician" 161
have the same meanings as in section 2305.33 of the Revised Code. 162
(19) Inability to practice according to acceptable and 164
prevailing standards of care by reason of mental illness or 165
physical illness, including, but not limited to, physical 166
deterioration that adversely affects cognitive, motor, or 167
perceptive skills. In enforcing this division, the board, upon a 168
showing of a possible violation, may compel any individual 169
licensed or certified to practice by this chapter or who has 170
applied for licensure or certification pursuant to this chapter 171
to submit to a mental or physical examination, or both, as 172
required by and at the expense of the board. Failure of any 173
individual to submit to a mental or physical examination when 174
directed constitutes an admission of the allegations against the 175
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individual unless the failure is due to circumstances beyond the 176
individual's control, and a default and final order may be 177
entered without the taking of testimony or presentation of 178
evidence. If the board finds a physician unable to practice 179
because of the reasons set forth in this division, the board 180
shall require the physician to submit to care, counseling, or 181
treatment by physicians approved or designated by the board, as a 182
condition for initial, continued, reinstated, or renewed 183
licensure to practice. An individual licensed by this chapter 184
affected under this division shall be afforded an opportunity to 185
demonstrate to the board that the individual can resume practice 186
in compliance with acceptable and prevailing standards under the 187
provisions of the individual's certificate. For the purpose of 189
this division, any individual licensed or certified to practice 190
by this chapter accepts the privilege of practicing in this state 191
and, by so doing or by the making and filing of a registration or 192
application to practice in this state, shall be deemed to have 193
given consent to submit to a mental or physical examination when 194
directed to do so in writing by the board, and to have waived all 195
objections to the admissibility of testimony or examination 196
reports that constitute a privileged communication. 197
(20) Except as provided in division (B)(27) of this 199
section and section 4731.225 of the Revised Code, and subject to 200
section 4731.226 of the Revised Code, violating or attempting to 202
violate, directly or indirectly, or assisting in or abetting the 203
violation of, or conspiring to violate, any provisions of this 204
chapter or any rule promulgated by the board. This division does 205
not apply to a violation or attempted violation of, assisting in 206
or abetting the violation of, or a conspiracy to violate, any 207
provision of this chapter or any rule promulgated by the board 208
that would preclude the making of a report by a physician of an 209
employee's use of a drug of abuse, or of a condition of an 210
employee other than one involving the use of a drug of abuse, to 211
the employer of the employee as described in division (B) of 212
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section 2305.33 of the Revised Code, and nothing in this division 213
affects the immunity from civil liability conferred by that 214
section upon a physician who makes either type of report in 215
accordance with division (B) of that section. As used in this 216
division, "employee," "employer," and "physician" have the same 217
meanings as in section 2305.33 of the Revised Code. 218
(21) The violation of any abortion rule adopted by the 220
public health council pursuant to section 3701.341 of the Revised 221
Code; 222
(22) The limitation, revocation, or suspension by another 224
state of a license or certificate to practice issued by the 225
proper licensing authority of that state, the refusal to license, 226
register, or reinstate an applicant by that authority, the 227
imposition of probation by that authority, or the issuance of an 229
order of censure or other reprimand by that authority for any 230
reason, other than nonpayment of fees; 231
(23) The violation of section 2919.12 of the Revised Code 233
or the performance or inducement of an abortion upon a pregnant 234
woman with actual knowledge that the conditions specified in 235
division (B) of section 2317.56 of the Revised Code have not been 236
satisfied or with a heedless indifference as to whether those 237
conditions have been satisfied, unless an affirmative defense as 238
specified in division (H)(2) of that section would apply in a 239
civil action authorized by division (H)(1) of that section; 240
(24) The revocation, suspension, restriction, reduction, 242
or termination of clinical privileges by the department of 243
defense, or the veterans administration of the United States, for 244
any act or acts that also would constitute a violation of this 246
chapter;
(25) Termination or suspension from medicare or medicaid 248
programs by the department of health and human services or other 249
responsible agency for any act or acts that also would constitute 251
a violation of division (B)(2), (3), (6), (8), or (19) of this 252
section;
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(26) Impairment of ability to practice according to 254
acceptable and prevailing standards of care because of habitual 255
or excessive use or abuse of drugs, alcohol, or other substances 256
that impair ability to practice. 257
For the purposes of this division, any individual licensed 259
or certified under this chapter accepts the privilege of 260
practicing in this state subject to supervision by the board. By 261
filing a registration or application for licensure or by holding 262
a license or certificate under this chapter, an individual shall 263
be deemed to have given consent to submit to a mental or physical 265
examination when ordered to do so by the board in writing, and to 266
have waived all objections to the admissibility of testimony or 267
examination reports that constitute privileged communications. 268
If it has reason to believe that any individual licensed or 270
certified under this chapter or any applicant for a license or 271
certification suffers such impairment, the board may compel the 272
individual to submit to a mental or physical examination, or 273
both. The examination shall be at the expense of the board. Any 274
mental or physical examination required under this division shall 275
be undertaken by a treatment provider or physician who is 276
qualified to conduct the examination and who is chosen by the 277
board. 278
Failure of the individual to submit to a mental or physical 280
examination ordered by the board constitutes an admission of the 281
allegations against the individual unless the failure is due to 282
circumstances beyond the individual's control, and a default and 283
final order may be entered without the taking of testimony or 284
presentation of evidence. If the board determines that the 285
individual's ability to practice is impaired, the board shall 286
suspend the individual's certificate or deny the individual's 288
application and shall require the individual, as a condition for 289
initial, continued, reinstated, or renewed licensure to practice, 290
to submit to treatment. 291
Before being eligible to apply for reinstatement of a 293
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license suspended under this division, the practitioner shall 294
demonstrate to the board that the practitioner can resume 295
practice in compliance with acceptable and prevailing standards 296
of care under the provisions of the practitioner's certificate. 297
The demonstration shall include, but shall not be limited to, the 299
following:
(a) Certification from a treatment provider approved under 301
section 4731.25 of the Revised Code that the practitioner has 302
successfully completed any required inpatient treatment; 303
(b) Evidence of continuing full compliance with an 305
aftercare contract or consent agreement; 306
(c) Two written reports indicating that the individual's 308
ability to practice has been assessed and that the individual has 309
been found capable of practicing according to acceptable and 310
prevailing standards of care. The reports shall be made by 311
individuals or providers approved by the board for making the 312
assessments and shall describe the basis for this determination. 314
The board may reinstate a license suspended under this 316
division after that demonstration and after the individual has 318
entered into a written consent agreement. 319
When the impaired practitioner resumes practice after 321
reinstatement of the practitioner's license, the board shall 322
require continued monitoring of the practitioner, which shall 324
include, but not be limited to, compliance with the written 325
consent agreement entered into before reinstatement or with 326
conditions imposed by board order after a hearing, and, upon 327
termination of the consent agreement, submission to the board for 328
at least two years of annual written progress reports made under 329
penalty of perjury stating whether the practitioner has 330
maintained sobriety. 331
(27) A second or subsequent violation of section 4731.66 333
or 4731.69 of the Revised Code; 334
(28) Except as provided in division (J) of this section: 336
(a) Waiving the payment of all or any part of a deductible 339
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or copayment that a patient, pursuant to a health insurance or 340
health care policy, contract, or plan that covers the 341
practitioner's services, otherwise would be required to pay if 342
the waiver is used as an enticement to a patient or group of
patients to receive health care services from that provider; 343
(b) Advertising that the practitioner will waive the 345
payment of all or any part of a deductible or copayment that a 347
patient, pursuant to a health insurance or health care policy, 348
contract, or plan that covers the practitioner's services, 349
otherwise would be required to pay. 350
(29) Failure to use universal blood and body fluid 352
precautions established by rules adopted under section 4731.051 353
of the Revised Code; 354
(30) Failure of a collaborating physician to perform the 357
responsibilities agreed to by the physician in the protocol 358
established between the physician and an advanced practice nurse 359
in accordance with section 4723.56 of the Revised Code; 360
(31) Failure to provide notice to, and receive 362
acknowledgment of the notice from, a patient when required by 364
section 4731.143 of the Revised Code prior to providing 365
nonemergency professional services, or failure to maintain that 366
notice in the patient's file;
(32) Failure of a physician supervising a physician 368
assistant to maintain supervision in accordance with the 369
requirements of Chapter 4730. of the Revised Code and the rules 370
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 372
standard care arrangement with a clinical nurse specialist, 373
certified nurse-midwife, or certified nurse practitioner with 374
whom the physician or podiatrist is in collaboration pursuant to 375
section 4731.27 of the Revised Code and practice in accordance 376
with the arrangement; 377
(34) Failure to comply with the terms of a consult 379
agreement entered into with a pharmacist pursuant to section 380
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4729.39 of the Revised Code. 381
For purposes of divisions (B)(10), (12), and (14) of this 383
section, the commission of the act may be established by a 384
finding by the board, pursuant to an adjudication under Chapter 386
119. of the Revised Code, that the applicant or certificate 387
holder committed the act. The board does not have jurisdiction 388
under those divisions if the trial court renders a final judgment 390
in the certificate holder's favor and that judgment is based upon 391
an adjudication on the merits. The board has jurisdiction under 392
those divisions if the trial court issues an order of dismissal 395
upon technical or procedural grounds.
The sealing of conviction records shall have no effect upon 397
a prior board order entered under this section or upon the 399
board's jurisdiction to take action under this section if a
notice of an opportunity for a hearing has been issued based upon 401
a conviction, plea of guilty, or judicial finding of guilt prior 402
to the court order.
(C)(1) The board shall investigate evidence that appears 404
to show that any person has violated any provision of this 405
chapter or any rule adopted under it. Any person may report to 406
the board in a signed writing any information that the person may 408
have that appears to show a violation of any provision of this 409
chapter or any rule adopted under it. In the absence of bad 410
faith, any person who reports information of that nature or who 412
testifies before the board in any adjudication hearing conducted 413
under Chapter 119. of the Revised Code shall not be liable in 415
damages in a civil action as a result of the report or testimony. 416
Each complaint or allegation of a violation received by the 418
board shall be assigned a case number and shall be recorded by 419
the board. Information received by the board pursuant to an 420
investigation shall be confidential and not subject to discovery 421
in any civil action. 422
Investigations of alleged violations of this chapter or any 424
rule adopted under it shall be supervised by the supervising 426
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member elected by the board in accordance with section 4731.02 of 427
the Revised Code and by the secretary as provided in section 428
4731.39 of the Revised Code. The president may designate another 429
member of the board to supervise the investigation in place of 430
the supervising member. No member of the board who supervises 431
the investigation of a case shall participate in further 432
adjudication of the case.
For the purpose of investigation of a possible violation of 434
division (B)(3), (8), (9), (11), or (15) of this section, the 435
board may administer oaths, order the taking of depositions, 436
issue subpoenas, and compel the attendance of witnesses and 437
production of books, accounts, papers, records, documents, and 438
testimony. 439
In investigating possible violations of all remaining 441
divisions of this section and sections of this chapter or any 442
rule adopted under this chapter, the board also may administer 444
oaths, order the taking of depositions, issue subpoenas, and 445
compel the attendance of witnesses and production of books, 446
accounts, papers, records, documents, and testimony. However, in 447
those instances, other than for patient records provided to the 448
board pursuant to the reporting provisions of division (A) of 449
section 4731.224 of the Revised Code, a subpoena for patient 450
record information shall not be issued without consultation with 451
the attorney general's office and approval of the secretary of 452
the board, the supervising member, and a member of the board who 453
holds a certificate issued under this chapter authorizing the 454
practice of medicine and surgery, osteopathic medicine and 456
surgery, or podiatry. Before issuance of a subpoena of that 457
nature, the three board members shall determine whether there is 458
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 459
the records sought are relevant to the alleged violation and 462
material to the investigation. Those records must cover a 464
reasonable period of time surrounding the alleged violation. 465
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Upon failure to comply with any subpoena issued by the board and 466
after reasonable notice to the person being subpoenaed, the board 467
may move for an order compelling the production of persons or 468
records pursuant to the Rules of Civil Procedure. Each officer 469
who serves a subpoena of that nature shall receive the same fees 470
as a sheriff, and each witness who appears, in obedience to a 472
subpoena, before the board, shall receive the fees and mileage 473
provided for witnesses in civil cases in the courts of common 474
pleas.
All hearings and investigations of the board shall be 476
considered civil actions for the purposes of section 2305.251 of 477
the Revised Code. 478
The board shall conduct all investigations and proceedings 480
in a manner that protects patient confidentiality. The board 483
shall not make public names or other identifying information 484
about patients unless proper consent is given or a waiver of the 485
patient privilege exists under division (B) of section 2317.02 of 486
the Revised Code, except that no consent or waiver of that nature 487
is required if the board possesses reliable and substantial 489
evidence that no bona fide physician-patient relationship exists. 490
(2) In the absence of fraud or bad faith, neither the 492
board, nor any current or former member, agent, representative, 493
or employee of the board, nor any provider of educational and 494
assessment services selected by the board for the quality 495
intervention program shall be held liable in damages to any 496
person as the result of any act, omission, proceeding, conduct, 497
or decision related to official duties undertaken or performed 499
pursuant to this chapter. If a current or former member, agent,
representative, or employee of the board or a provider of 500
educational and assessment services selected by the board for the 501
quality intervention program requests the state to defend against 502
any claim or action arising out of any act, omission, proceeding, 503
conduct, or decision related to the person's official duties, if 504
the request is made in writing at a reasonable time before trial, 505
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and if the person requesting defense cooperates in good faith in 506
the defense of the claim or action, the state shall provide and 507
pay for the defense and shall pay any resulting judgment, 508
compromise, or settlement. At no time shall the state pay that 509
part of a claim or judgment that is for punitive or exemplary 510
damages.
(3) On a quarterly basis, the board shall prepare a report 512
that documents the disposition of all cases during the preceding 513
three months. The report shall contain the following information 514
for each case with which the board has completed its activities: 515
(a) The case number assigned to the complaint or alleged 517
violation pursuant to division (C)(1) of this section; 518
(b) The type of license or certificate to practice, if 520
any, held by the individual against whom the complaint is 521
directed; 522
(c) A description of the allegations contained in the 524
complaint; 525
(d) The disposition of the case. 527
The report shall state how many cases are still pending and 530
shall be prepared in a manner that protects the identity of each 532
person involved in each case. The report shall be a public 533
record under section 149.43 of the Revised Code.
(D) If the secretary and supervising member determine that 535
there is clear and convincing evidence that a certificate holder 536
has violated division (B) of this section and that the 537
certificate holder's continued practice presents a danger of 538
immediate and serious harm to the public, they may recommend that 539
the board suspend the certificate holder's certificate without a 540
prior hearing. Written allegations shall be prepared for 541
consideration by the board members. 542
The board, upon review of those allegations and by a vote 544
of not fewer than six of its members, excluding the secretary and 545
supervising member, may suspend a certificate without a prior 546
hearing. A telephone conference call may be utilized for 547
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reviewing the allegations and taking the vote. 548
The board shall issue a written order of suspension by 550
certified mail or in person in accordance with section 119.07 of 551
the Revised Code. The order shall not be subject to suspension 553
by the court during pendency of any appeal filed under section 554
119.12 of the Revised Code. If the certificate holder requests 555
an adjudicatory hearing by the board, the date set for that 556
hearing shall be within fifteen days, but not earlier than seven 557
days, after the certificate holder has requested a hearing, 558
unless otherwise agreed to by both the board and the certificate 559
holder. 560
Any summary suspension imposed under this division shall 562
remain in effect, unless reversed on appeal, until a final 563
adjudicative order issued by the board pursuant to this section 564
and Chapter 119. of the Revised Code becomes effective. The 565
board shall issue its final adjudicative order within sixty days 566
after completion of its hearing. A failure to issue the order 567
within sixty days shall result in dissolution of the summary 568
suspension order but shall not invalidate any subsequent, final 569
adjudicative order. 570
(E) If the board takes action under division (B)(9), (11), 573
or (13) of this section and the conviction, judicial finding of 574
guilt, or guilty plea is overturned on appeal, upon exhaustion of 575
the criminal appeal, a petition for reconsideration of the order 576
may be filed with the board along with appropriate court 577
documents. Upon receipt of a petition of that nature and 578
supporting court documents, the board shall reinstate the
petitioner's certificate. The board may then hold an 579
adjudication to determine whether the applicant or certificate 580
holder committed the act in question. Notice of an opportunity 581
for a hearing shall be given in accordance with Chapter 119. of 582
the Revised Code. If the board finds, pursuant to an 583
adjudication held under this division, that the applicant or 584
certificate holder committed the act or if no hearing is 585
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requested, the board may order any of the sanctions identified 587
under division (B) of this section. The board does not have 589
jurisdiction under division (B)(10), (12), or (14) of this 590
section if the trial court renders a final judgment in the 591
certificate holder's favor and that judgment is based upon an 592
adjudication on the merits. The board has jurisdiction under 594
those divisions if the trial court issues an order of dismissal 596
upon technical or procedural grounds. 597
(F) The certificate or license issued to an individual 600
under this chapter and the individual's practice in this state 602
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 604
subject to a judicial finding of eligibility for treatment in 605
lieu of conviction for either of the following: 606
(1) In this state, aggravated murder, murder, voluntary 608
manslaughter, felonious assault, kidnapping, rape, sexual 609
battery, gross sexual imposition, aggravated arson, aggravated 610
robbery, or aggravated burglary; 611
(2) In another jurisdiction, any criminal offense 613
substantially equivalent to those specified in division (F)(1) of 614
this section. 615
Continued practice after suspension of the individual's 617
certificate or license shall be considered practicing without a 619
certificate or license. The board shall notify the individual 620
subject to the suspension by certified mail or in person in
accordance with section 119.07 of the Revised Code. If an 621
individual whose certificate or license is suspended under this 622
division fails to make a timely request for an adjudicatory 623
hearing, the board shall enter a final order revoking the 624
certificate or license. 625
(G) If the board is required by Chapter 119. of the 628
Revised Code to give notice of an opportunity for a hearing and 629
if the applicant or certificate holder does not timely request a 630
hearing in accordance with section 119.07 of the Revised Code, 631
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the board is not required to hold a hearing, but may adopt, by a 632
vote of not fewer than six of its members, a final order that 633
contains the board's findings. In that final order, the board 634
may order any of the sanctions identified under division (B) of 636
this section.
(H) Any action taken by the board under division (B) of 638
this section resulting in a suspension from practice shall be 639
accompanied by a written statement of the conditions under which 640
the certificate holder may be reinstated to practice. The board 641
shall adopt rules governing conditions to be imposed for 642
reinstatement. Reinstatement of a certificate suspended pursuant 643
to division (B) of this section requires an affirmative vote of 644
not fewer than six members of the board. 645
(I) Notwithstanding any other provision of the Revised 647
Code, no surrender of a license or certificate issued under this 648
chapter shall be effective unless or until accepted by the board. 650
Reinstatement of a certificate surrendered to the board requires 651
an affirmative vote of not fewer than six members of the board. 652
Notwithstanding any other provision of the Revised Code, no 654
application for a license or certificate made under the 655
provisions of this chapter may be withdrawn without approval of 657
the board.
(J) Sanctions shall not be imposed under division (B)(28) 660
of this section against any person who waives deductibles and 661
copayments as follows:
(1) In compliance with the health benefit plan that 663
expressly allows such a practice. Waiver of the deductibles or 664
copayments shall be made only with the full knowledge and consent 665
of the plan purchaser, payer, and third-party administrator. 666
Documentation of the consent shall be made available to the board 667
upon request.
(2) For professional services rendered to any other person 669
authorized to practice pursuant to this chapter, to the extent 671
allowed by this chapter and rules adopted by the board. 672
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(K) Under the board's investigative duties described in 674
this section and subject to division (C) of this section, the 675
board shall develop and implement a quality intervention program 676
designed to improve physicians' clinical and communication skills 677
through remedial education. In developing and implementing the 678
quality intervention program, the board may do all of the 679
following:
(1) Offer in appropriate cases as determined by the board 681
an educational and assessment program to physicians pursuant to 682
an investigation the board conducts under this section; 683
(2) Select providers of educational and assessment 685
services for physicians, including a quality intervention program 686
panel of case reviewers;
(3) Refer physicians to educational and assessment service 688
providers and approve individual educational programs recommended 689
by those providers. The board shall monitor the progress of each 690
physician undertaking an educational program of that nature. 691
(4) Determine successful completion of an educational 693
program undertaken by a referred physician and require further 694
monitoring of a physician or other action that the board 695
determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 697
Revised Code to further implement the quality intervention 699
program.
A physician who participates in an individual educational 701
program pursuant to this division shall pay the financial 702
obligations arising from that educational program. 703
Sec. 4731.31. (A) AS USED IN THIS SECTION: 707
(1) "RURAL HOSPITAL" MEANS A HOSPITAL AGENCY, AS DEFINED 709
IN SECTION 140.01 OF THE REVISED CODE, THAT MEETS ALL OF THE 711
FOLLOWING CRITERIA: 712
(a) IS IN COMPLIANCE WITH SECTION 3727.02 OF THE REVISED 715
CODE AND THE REGISTRATION REQUIREMENT OF DIVISION (A) OF SECTION 717
3701.07 OF THE REVISED CODE; 719
18
(b) IS LOCATED IN A COUNTY THAT HAS A POPULATION OF LESS 722
THAN ONE HUNDRED TWENTY-FIVE THOUSAND.
(2) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 725
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 726
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY. 727
(B) SUBJECT TO DIVISION (C) OF THIS SECTION, A RURAL 730
HOSPITAL OR A HEALTH CARE FACILITY THAT IS OWNED OR OPERATED BY A 731
RURAL HOSPITAL MAY EMPLOY A PHYSICIAN. A HOSPITAL OR FACILITY 732
THAT EMPLOYS A PHYSICIAN IN ACCORDANCE WITH THIS SECTION IS NOT 733
ENGAGED IN THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC 734
MEDICINE AND SURGERY, OR PODIATRY IN VIOLATION OF SECTION
4731.41, 4731.43, OR 4731.60 OF THE REVISED CODE. 735
(C) NO RURAL HOSPITAL OR HEALTH CARE FACILITY OWNED OR 738
OPERATED BY A RURAL HOSPITAL SHALL CONTROL THE PROFESSIONAL 739
CLINICAL JUDGMENT EXERCISED WITHIN ACCEPTED AND PREVAILING 740
STANDARDS OF PRACTICE OF A PHYSICIAN EMPLOYED PURSUANT TO THIS 741
SECTION IN RENDERING CARE, TREATMENT, OR PROFESSIONAL ADVICE TO
AN INDIVIDUAL PATIENT. 742
Section 2. That existing section 4731.22 of the Revised 744
Code is hereby repealed. 745