As Reported by the Senate Health, Human Services 1
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 56 6
1999-2000 7
SENATORS WHITE-DRAKE-CUPP-CARNES-MUMPER-SHOEMAKER- 9
SCHAFRATH-PRENTISS-KEARNS 10
_________________________________________________________________ 12
A B I L L
To amend section 4731.22 and to enact section 14
4731.31 of the Revised Code to permit rural 15
hospitals to employ physicians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 4731.22 be amended and section 19
4731.31 of the Revised Code be enacted to read as follows: 20
Sec. 4731.22. (A) The state medical board, by an 30
affirmative vote of not fewer than six of its members, may revoke 31
or may refuse to grant a certificate to a person found by the 32
board to have committed fraud during the administration of the 33
examination for a certificate to practice or to have committed 35
fraud, misrepresentation, or deception in applying for or 36
securing any certificate to practice or certificate of
registration issued by the board. 37
(B) The board, by an affirmative vote of not fewer than 40
six members, shall, to the extent permitted by law, limit, 41
revoke, or suspend an individual's certificate to practice, 43
refuse to register an individual, refuse to reinstate a 45
certificate, or reprimand or place on probation the holder of a 47
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 49
or certificate of registration to be used by a person, group, or 51
corporation when the individual concerned is not actually 52
directing the treatment given; 53
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(2) Failure to maintain minimal standards applicable to 56
the selection or administration of drugs, or failure to employ 57
acceptable scientific methods in the selection of drugs or other 58
modalities for treatment of disease; 59
(3) Selling, giving away, personally furnishing, 61
prescribing, or administering drugs for other than legal and 62
legitimate therapeutic purposes or a plea of guilty to, a 64
judicial finding of guilt of, or a judicial finding of 65
eligibility for treatment in lieu of conviction of, a violation 67
of any federal or state law regulating the possession,
distribution, or use of any drug; 68
(4) Willfully betraying a professional confidence. 70
For purposes of this division, "willfully betraying a 72
professional confidence" does not include the making of a report 73
of an employee's use of a drug of abuse, or a report of a 74
condition of an employee other than one involving the use of a 75
drug of abuse, to the employer of the employee as described in 76
division (B) of section 2305.33 of the Revised Code. Nothing in 78
this division affects the immunity from civil liability conferred 80
by that section upon a physician who makes either type of report 81
in accordance with division (B) of that section. As used in this 82
division, "employee," "employer," and "physician" have the same 83
meanings as in section 2305.33 of the Revised Code. 84
(5) Making a false, fraudulent, deceptive, or misleading 87
statement in the solicitation of or advertising for patients; in 89
relation to the practice of medicine and surgery, osteopathic 90
medicine and surgery, podiatry, or a limited branch of medicine; 91
or in securing or attempting to secure any certificate to 93
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 95
misleading statement" means a statement that includes a 96
misrepresentation of fact, is likely to mislead or deceive 97
because of a failure to disclose material facts, is intended or 98
is likely to create false or unjustified expectations of 99
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favorable results, or includes representations or implications 100
that in reasonable probability will cause an ordinarily prudent 101
person to misunderstand or be deceived. 102
(6) A departure from, or the failure to conform to, 104
minimal standards of care of similar practitioners under the same 105
or similar circumstances, whether or not actual injury to a 106
patient is established; 107
(7) Representing, with the purpose of obtaining 109
compensation or other advantage as personal gain or for any other 111
person, that an incurable disease or injury, or other incurable 112
condition, can be permanently cured; 113
(8) The obtaining of, or attempting to obtain, money or 115
anything of value by fraudulent misrepresentations in the course 116
of practice; 117
(9) A plea of guilty to, a judicial finding of guilt of, 120
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 121
(10) Commission of an act that constitutes a felony in 123
this state, regardless of the jurisdiction in which the act was 124
committed; 125
(11) A plea of guilty to, a judicial finding of guilt of, 128
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 129
practice;
(12) Commission of an act in the course of practice that 131
constitutes a misdemeanor in this state, regardless of the 133
jurisdiction in which the act was committed; 134
(13) A plea of guilty to, a judicial finding of guilt of, 137
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 138
(14) Commission of an act involving moral turpitude that 140
constitutes a misdemeanor in this state, regardless of the 142
jurisdiction in which the act was committed; 143
(15) Violation of the conditions of limitation placed by 145
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the board upon a certificate to practice; 146
(16) Failure to pay license renewal fees specified in this 148
chapter; 149
(17) Engaging EXCEPT AS AUTHORIZED IN SECTION 4731.31 OF 151
THE REVISED CODE, ENGAGING in the division of fees for referral 153
of patients, or the receiving of a thing of value in return for a 154
specific referral of a patient to utilize a particular service or 155
business;
(18) Subject to section 4731.226 of the Revised Code, 157
violation of any provision of a code of ethics of the American 159
medical association, the American osteopathic association, the 160
American podiatric medical association, or any other national 161
professional organizations that the board specifies by rule. The 163
state medical board shall obtain and keep on file current copies 164
of the codes of ethics of the various national professional 165
organizations. The individual whose certificate is being 166
suspended or revoked shall not be found to have violated any 168
provision of a code of ethics of an organization not appropriate 169
to the individual's profession. 170
For purposes of this division, a "provision of a code of 173
ethics of a national professional organization" does not include 174
any provision that would preclude the making of a report by a 175
physician of an employee's use of a drug of abuse, or of a 176
condition of an employee other than one involving the use of a 177
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 179
this division affects the immunity from civil liability conferred 180
by that section upon a physician who makes either type of report 181
in accordance with division (B) of that section. As used in this 182
division, "employee," "employer," and "physician" have the same 183
meanings as in section 2305.33 of the Revised Code. 184
(19) Inability to practice according to acceptable and 186
prevailing standards of care by reason of mental illness or 187
physical illness, including, but not limited to, physical 188
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deterioration that adversely affects cognitive, motor, or 189
perceptive skills. 190
In enforcing this division, the board, upon a showing of a 193
possible violation, may compel any individual authorized to 194
practice by this chapter or who has submitted an application 196
pursuant to this chapter to submit to a mental examination, 198
physical examination, including an HIV test, or both a mental and 200
a physical examination. The expense of the examination is the 202
responsibility of the individual compelled to be examined. 203
Failure to submit to a mental or physical examination or consent 204
to an HIV test ordered by the board constitutes an admission of 205
the allegations against the individual unless the failure is due 207
to circumstances beyond the individual's control, and a default 208
and final order may be entered without the taking of testimony or 209
presentation of evidence. If the board finds an individual 210
unable to practice because of the reasons set forth in this 212
division, the board shall require the individual to submit to 213
care, counseling, or treatment by physicians approved or 214
designated by the board, as a condition for initial, continued, 215
reinstated, or renewed authority to practice. An individual 217
affected under this division shall be afforded an opportunity to 219
demonstrate to the board the ability to resume practice in 220
compliance with acceptable and prevailing standards under the 221
provisions of the individual's certificate. For the purpose of 223
this division, any individual who applies for or receives a 224
certificate to practice under this chapter accepts the privilege 225
of practicing in this state and, by so doing, shall be deemed to 228
have given consent to submit to a mental or physical examination 229
when directed to do so in writing by the board, and to have 230
waived all objections to the admissibility of testimony or 231
examination reports that constitute a privileged communication. 232
(20) Except when civil penalties are imposed under section 234
4731.225 or 4731.281 of the Revised Code, and subject to section 235
4731.226 of the Revised Code, violating or attempting to violate, 237
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directly or indirectly, or assisting in or abetting the violation 238
of, or conspiring to violate, any provisions of this chapter or 239
any rule promulgated by the board.
This division does not apply to a violation or attempted 241
violation of, assisting in or abetting the violation of, or a 242
conspiracy to violate, any provision of this chapter or any rule 243
adopted by the board that would preclude the making of a report 246
by a physician of an employee's use of a drug of abuse, or of a 247
condition of an employee other than one involving the use of a 248
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 250
this division affects the immunity from civil liability conferred 251
by that section upon a physician who makes either type of report 252
in accordance with division (B) of that section. As used in this 253
division, "employee," "employer," and "physician" have the same 254
meanings as in section 2305.33 of the Revised Code. 255
(21) The violation of any abortion rule adopted by the 257
public health council pursuant to section 3701.341 of the Revised 258
Code; 259
(22) Any of the following actions taken by the state 261
agency responsible for regulating the practice of medicine and 262
surgery, osteopathic medicine and surgery, podiatry, or the 263
limited branches of medicine in another state, for any reason 264
other than the nonpayment of fees: the limitation, revocation, 265
or suspension of an individual's license to practice; acceptance 266
of an individual's license surrender; denial of a license; 267
refusal to renew or reinstate a license; imposition of probation; 269
or issuance of an order of censure or other reprimand; 270
(23) The violation of section 2919.12 of the Revised Code 272
or the performance or inducement of an abortion upon a pregnant 273
woman with actual knowledge that the conditions specified in 274
division (B) of section 2317.56 of the Revised Code have not been 275
satisfied or with a heedless indifference as to whether those 276
conditions have been satisfied, unless an affirmative defense as 277
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specified in division (H)(2) of that section would apply in a 278
civil action authorized by division (H)(1) of that section; 279
(24) The revocation, suspension, restriction, reduction, 281
or termination of clinical privileges by the United States 283
department of defense or department of veterans affairs or the 285
termination or suspension of a certificate of registration to 286
prescribe drugs by the drug enforcement administration of the 287
United States department of justice; 288
(25) Termination or suspension from participation in the 290
medicare or medicaid programs by the department of health and 292
human services or other responsible agency for any act or acts 293
that also would constitute a violation of division (B)(2), (3), 294
(6), (8), or (19) of this section; 295
(26) Impairment of ability to practice according to 297
acceptable and prevailing standards of care because of habitual 298
or excessive use or abuse of drugs, alcohol, or other substances 299
that impair ability to practice. 300
For the purposes of this division, any individual 302
authorized to practice by this chapter accepts the privilege of 304
practicing in this state subject to supervision by the board. By 305
filing an application for or holding a certificate to practice 308
under this chapter, an individual shall be deemed to have given 310
consent to submit to a mental or physical examination when 311
ordered to do so by the board in writing, and to have waived all 312
objections to the admissibility of testimony or examination 313
reports that constitute privileged communications. 314
If it has reason to believe that any individual authorized 316
to practice by this chapter or any applicant for certification to 318
practice suffers such impairment, the board may compel the 319
individual to submit to a mental or physical examination, or 320
both. The expense of the examination is the responsibility of 322
the individual compelled to be examined. Any mental or physical 324
examination required under this division shall be undertaken by a 325
treatment provider or physician who is qualified to conduct the 326
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examination and who is chosen by the board. 327
Failure to submit to a mental or physical examination 330
ordered by the board constitutes an admission of the allegations 331
against the individual unless the failure is due to circumstances 332
beyond the individual's control, and a default and final order 333
may be entered without the taking of testimony or presentation of 334
evidence. If the board determines that the individual's ability 335
to practice is impaired, the board shall suspend the individual's 336
certificate or deny the individual's application and shall 337
require the individual, as a condition for initial, continued, 338
reinstated, or renewed certification to practice, to submit to 340
treatment.
Before being eligible to apply for reinstatement of a 342
certificate suspended under this division, the impaired 344
practitioner shall demonstrate to the board the ability to resume 346
practice in compliance with acceptable and prevailing standards 347
of care under the provisions of the practitioner's certificate. 348
The demonstration shall include, but shall not be limited to, the 350
following:
(a) Certification from a treatment provider approved under 352
section 4731.25 of the Revised Code that the individual has 354
successfully completed any required inpatient treatment; 355
(b) Evidence of continuing full compliance with an 357
aftercare contract or consent agreement; 358
(c) Two written reports indicating that the individual's 360
ability to practice has been assessed and that the individual has 361
been found capable of practicing according to acceptable and 362
prevailing standards of care. The reports shall be made by 363
individuals or providers approved by the board for making the 364
assessments and shall describe the basis for their determination. 365
The board may reinstate a certificate suspended under this 368
division after that demonstration and after the individual has 369
entered into a written consent agreement. 370
When the impaired practitioner resumes practice, the board 372
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shall require continued monitoring of the individual. The 374
monitoring shall include, but not be limited to, compliance with 376
the written consent agreement entered into before reinstatement 377
or with conditions imposed by board order after a hearing, and, 378
upon termination of the consent agreement, submission to the 379
board for at least two years of annual written progress reports 380
made under penalty of perjury stating whether the individual has 381
maintained sobriety. 382
(27) A second or subsequent violation of section 4731.66 384
or 4731.69 of the Revised Code; 385
(28) Except as provided in division (N) of this section: 387
(a) Waiving the payment of all or any part of a deductible 390
or copayment that a patient, pursuant to a health insurance or 391
health care policy, contract, or plan that covers the 392
individual's services, otherwise would be required to pay if the 394
waiver is used as an enticement to a patient or group of patients 395
to receive health care services from that individual; 396
(b) Advertising that the individual will waive the payment 399
of all or any part of a deductible or copayment that a patient, 400
pursuant to a health insurance or health care policy, contract, 401
or plan that covers the individual's services, otherwise would be 403
required to pay. 404
(29) Failure to use universal blood and body fluid 406
precautions established by rules adopted under section 4731.051 407
of the Revised Code; 408
(30) Failure of a collaborating physician to perform the 411
responsibilities agreed to by the physician in the protocol 412
established between the physician and an advanced practice nurse 413
in accordance with section 4723.56 of the Revised Code; 414
(31) Failure to provide notice to, and receive 416
acknowledgment of the notice from, a patient when required by 418
section 4731.143 of the Revised Code prior to providing 419
nonemergency professional services, or failure to maintain that 420
notice in the patient's file;
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(32) Failure of a physician supervising a physician 422
assistant to maintain supervision in accordance with the 423
requirements of Chapter 4730. of the Revised Code and the rules 424
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 426
standard care arrangement with a clinical nurse specialist, 427
certified nurse-midwife, or certified nurse practitioner with 428
whom the physician or podiatrist is in collaboration pursuant to 429
section 4731.27 of the Revised Code and practice in accordance 430
with the arrangement;
(34) Failure to comply with the terms of a consult 432
agreement entered into with a pharmacist pursuant to section 433
4729.39 of the Revised Code; 434
(35) Failure to cooperate in an investigation conducted by 436
the board under division (F) of this section, including failure 438
to comply with a subpoena or order issued by the board or failure 439
to answer truthfully a question presented by the board at a 440
deposition or in written interrogatories, except that failure to 441
cooperate with an investigation shall not constitute grounds for 442
discipline under this section if a court of competent 443
jurisdiction has issued an order that either quashes a subpoena 444
or permits the individual to withhold the testimony or evidence 445
in issue.
(C) Disciplinary actions taken by the board under 447
divisions (A) and (B) of this section shall be taken pursuant to 448
an adjudication under Chapter 119. of the Revised Code, except 449
that in lieu of an adjudication, the board may enter into a 450
consent agreement with an individual to resolve an allegation of 451
a violation of this chapter or any rule adopted under it. A 452
consent agreement, when ratified by an affirmative vote of not 453
fewer than six members of the board, shall constitute the 454
findings and order of the board with respect to the matter 455
addressed in the agreement. If the board refuses to ratify a 456
consent agreement, the admissions and findings contained in the 457
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consent agreement shall be of no force or effect. 458
(D) For purposes of divisions (B)(10), (12), and (14) of 460
this section, the commission of the act may be established by a 461
finding by the board, pursuant to an adjudication under Chapter 463
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 466
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 469
The board has jurisdiction under those divisions if the trial 470
court issues an order of dismissal upon technical or procedural 471
grounds.
(E) The sealing of conviction records by any court shall 473
have no effect upon a prior board order entered under this 474
section or upon the board's jurisdiction to take action under 475
this section if, based upon a plea of guilty, a judicial finding 477
of guilt, or a judicial finding of eligibility for treatment in 478
lieu of conviction, the board issued a notice of opportunity for 479
a hearing prior to the court's order to seal the records. The 480
board shall not be required to seal, destroy, redact, or 481
otherwise modify its records to reflect the court's sealing of 482
conviction records. 483
(F)(1) The board shall investigate evidence that appears 485
to show that a person has violated any provision of this chapter 487
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 489
appears to show a violation of any provision of this chapter or 490
any rule adopted under it. In the absence of bad faith, any 492
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 494
of the Revised Code shall not be liable in damages in a civil 495
action as a result of the report or testimony. Each complaint or 497
allegation of a violation received by the board shall be assigned 498
a case number and shall be recorded by the board. 499
(2) Investigations of alleged violations of this chapter 501
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or any rule adopted under it shall be supervised by the 503
supervising member elected by the board in accordance with 504
section 4731.02 of the Revised Code and by the secretary as 505
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 507
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 509
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 512
or any rule adopted under this chapter, the board may administer 514
oaths, order the taking of depositions, issue subpoenas, and 515
compel the attendance of witnesses and production of books, 516
accounts, papers, records, documents, and testimony, except that 517
a subpoena for patient record information shall not be issued 518
without consultation with the attorney general's office and 519
approval of the secretary and supervising member of the board. 521
Before issuance of a subpoena for patient record information, the 522
secretary and supervising member shall determine whether there is 525
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 526
the records sought are relevant to the alleged violation and 528
material to the investigation. The subpoena may apply only to 529
records that cover a reasonable period of time surrounding the 530
alleged violation. 531
On failure to comply with any subpoena issued by the board 534
and after reasonable notice to the person being subpoenaed, the 535
board may move for an order compelling the production of persons 536
or records pursuant to the Rules of Civil Procedure. 537
A subpoena issued by the board may be served by a sheriff, 539
the sheriff's deputy, or a board employee designated by the 540
board. Service of a subpoena issued by the board may be made by 542
delivering a copy of the subpoena to the person named therein, 543
reading it to the person, or leaving it at the person's usual 544
place of residence. When the person being served is a person 545
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whose practice is authorized by this chapter, service of the 546
subpoena may be made by certified mail, restricted delivery, 547
return receipt requested, and the subpoena shall be deemed served 548
on the date delivery is made or the date the person refuses to 549
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 551
same fees as a sheriff. Each witness who appears before the 553
board in obedience to a subpoena shall receive the fees and 555
mileage provided for witnesses in civil cases in the courts of 556
common pleas.
(4) All hearings and investigations of the board shall be 558
considered civil actions for the purposes of section 2305.251 of 559
the Revised Code. 560
(5) Information received by the board pursuant to an 562
investigation is confidential and not subject to discovery in any 563
civil action. 564
The board shall conduct all investigations and proceedings 566
in a manner that protects the confidentiality of patients and 568
persons who file complaints with the board. The board shall not 570
make public the names or any other identifying information about 571
patients or complainants unless proper consent is given or, in 572
the case of a patient, a waiver of the patient privilege exists 573
under division (B) of section 2317.02 of the Revised Code, except 574
that consent or a waiver of that nature is not required if the 575
board possesses reliable and substantial evidence that no bona 577
fide physician-patient relationship exists. 578
The board may share any information it receives pursuant to 581
an investigation, including patient records and patient record 582
information, with other licensing boards and governmental 583
agencies that are investigating alleged professional misconduct 584
and with law enforcement agencies and other governmental agencies 586
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 587
the same requirements regarding confidentiality as those with 588
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which the state medical board must comply, notwithstanding any 589
conflicting provision of the Revised Code or procedure of the 591
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 593
admitted into evidence in a criminal trial in accordance with the 594
Rules of Evidence, but the court shall require that appropriate 595
measures are taken to ensure that confidentiality is maintained 596
with respect to any part of the information that contains names 597
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 598
when the information was in the board's possession. Measures to 599
ensure confidentiality that may be taken by the court include 600
sealing its records or deleting specific information from its 602
records.
(6) On a quarterly basis, the board shall prepare a report 604
that documents the disposition of all cases during the preceding 605
three months. The report shall contain the following information 606
for each case with which the board has completed its activities: 607
(a) The case number assigned to the complaint or alleged 609
violation; 610
(b) The type of certificate to practice, if any, held by 613
the individual against whom the complaint is directed; 614
(c) A description of the allegations contained in the 616
complaint; 617
(d) The disposition of the case. 619
The report shall state how many cases are still pending and 622
shall be prepared in a manner that protects the identity of each 624
person involved in each case. The report shall be a public 625
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 627
there is clear and convincing evidence that an individual has 629
violated division (B) of this section and that the individual's 630
continued practice presents a danger of immediate and serious 632
harm to the public, they may recommend that the board suspend the 633
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individual's certificate to practice without a prior hearing. 635
Written allegations shall be prepared for consideration by the
board. 636
The board, upon review of those allegations and by an 638
affirmative vote of not fewer than six of its members, excluding 640
the secretary and supervising member, may suspend a certificate 641
without a prior hearing. A telephone conference call may be 642
utilized for reviewing the allegations and taking the vote on the 643
summary suspension. 644
The board shall issue a written order of suspension by 646
certified mail or in person in accordance with section 119.07 of 647
the Revised Code. The order shall not be subject to suspension 649
by the court during pendency of any appeal filed under section 650
119.12 of the Revised Code. If the individual subject to the 652
summary suspension requests an adjudicatory hearing by the board, 653
the date set for the hearing shall be within fifteen days, but 654
not earlier than seven days, after the individual requests the 656
hearing, unless otherwise agreed to by both the board and the 657
individual.
Any summary suspension imposed under this division shall 659
remain in effect, unless reversed on appeal, until a final 660
adjudicative order issued by the board pursuant to this section 661
and Chapter 119. of the Revised Code becomes effective. The 662
board shall issue its final adjudicative order within sixty days 663
after completion of its hearing. A failure to issue the order 664
within sixty days shall result in dissolution of the summary 665
suspension order but shall not invalidate any subsequent, final 666
adjudicative order. 667
(H) If the board takes action under division (B)(9), (11), 670
or (13) of this section and the judicial finding of guilt, guilty 671
plea, or judicial finding of eligibility for treatment in lieu of 672
conviction is overturned on appeal, upon exhaustion of the 674
criminal appeal, a petition for reconsideration of the order may 675
be filed with the board along with appropriate court documents. 676
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Upon receipt of a petition of that nature and supporting court 677
documents, the board shall reinstate the individual's certificate 678
to practice. The board may then hold an adjudication under 679
Chapter 119. of the Revised Code to determine whether the 680
individual committed the act in question. Notice of an 682
opportunity for a hearing shall be given in accordance with 683
Chapter 119. of the Revised Code. If the board finds, pursuant 684
to an adjudication held under this division, that the individual 685
committed the act or if no hearing is requested, the board may 687
order any of the sanctions identified under division (B) of this 688
section.
(I) The certificate to practice issued to an individual 690
under this chapter and the individual's practice in this state 692
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 694
subject to a judicial finding of eligibility for treatment in 695
lieu of conviction for any of the following criminal offenses in 697
this state or a substantially equivalent criminal offense in 698
another jurisdiction: aggravated murder, murder, voluntary 699
manslaughter, felonious assault, kidnapping, rape, sexual 700
battery, gross sexual imposition, aggravated arson, aggravated 701
robbery, or aggravated burglary. Continued practice after 703
suspension shall be considered practicing without a certificate. 704
The board shall notify the individual subject to the 707
suspension by certified mail or in person in accordance with 708
section 119.07 of the Revised Code. If an individual whose 709
certificate is suspended under this division fails to make a 710
timely request for an adjudication under Chapter 119. of the 711
Revised Code, the board shall enter a final order permanently 712
revoking the individual's certificate to practice. 713
(J) If the board is required by Chapter 119. of the 716
Revised Code to give notice of an opportunity for a hearing and 717
if the individual subject to the notice does not timely request a 718
hearing in accordance with section 119.07 of the Revised Code, 720
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the board is not required to hold a hearing, but may adopt, by an 721
affirmative vote of not fewer than six of its members, a final 723
order that contains the board's findings. In that final order, 724
the board may order any of the sanctions identified under 725
division (A) or (B) of this section. 726
(K) Any action taken by the board under division (B) of 728
this section resulting in a suspension from practice shall be 729
accompanied by a written statement of the conditions under which 730
the individual's certificate to practice may be reinstated. The 732
board shall adopt rules governing conditions to be imposed for 733
reinstatement. Reinstatement of a certificate suspended pursuant 734
to division (B) of this section requires an affirmative vote of 735
not fewer than six members of the board. 736
(L) When the board refuses to grant a certificate to an 739
applicant, revokes an individual's certificate to practice, 741
refuses to register an applicant, or refuses to reinstate an 742
individual's certificate to practice, the board may specify that 743
its action is permanent. An individual subject to a permanent 744
action taken by the board is forever thereafter ineligible to 745
hold a certificate to practice and the board shall not accept an 746
application for reinstatement of the certificate or for issuance 747
of a new certificate.
(M) Notwithstanding any other provision of the Revised 749
Code, all of the following apply: 750
(1) The surrender of a certificate issued under this 752
chapter shall not be effective unless or until accepted by the 754
board. Reinstatement of a certificate surrendered to the board 755
requires an affirmative vote of not fewer than six members of the 756
board.
(2) An application for a certificate made under the 759
provisions of this chapter may not be withdrawn without approval 761
of the board.
(3) Failure by an individual to renew a certificate of 764
registration in accordance with this chapter shall not remove or
18
limit the board's jurisdiction to take any disciplinary action 766
under this section against the individual. 767
(N) Sanctions shall not be imposed under division (B)(28) 770
of this section against any person who waives deductibles and 771
copayments as follows:
(1) In compliance with the health benefit plan that 773
expressly allows such a practice. Waiver of the deductibles or 774
copayments shall be made only with the full knowledge and consent 775
of the plan purchaser, payer, and third-party administrator. 776
Documentation of the consent shall be made available to the board 777
upon request.
(2) For professional services rendered to any other person 779
authorized to practice pursuant to this chapter, to the extent 781
allowed by this chapter and rules adopted by the board. 782
(O) Under the board's investigative duties described in 784
this section and subject to division (F) of this section, the 786
board shall develop and implement a quality intervention program 788
designed to improve through remedial education the clinical and 790
communication skills of individuals authorized under this chapter 791
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 793
quality intervention program, the board may do all of the 794
following:
(1) Offer in appropriate cases as determined by the board 796
an educational and assessment program pursuant to an 797
investigation the board conducts under this section; 798
(2) Select providers of educational and assessment 800
services, including a quality intervention program panel of case 801
reviewers;
(3) Make referrals to educational and assessment service 804
providers and approve individual educational programs recommended 805
by those providers. The board shall monitor the progress of each 806
individual undertaking a recommended individual educational 807
program. 808
19
(4) Determine what constitutes successful completion of an 810
individual educational program and require further monitoring of 811
the individual who completed the program or other action that the 813
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 815
Revised Code to further implement the quality intervention 817
program.
An individual who participates in an individual educational 820
program pursuant to this division shall pay the financial 821
obligations arising from that educational program. 822
Sec. 4731.31. (A) AS USED IN THIS SECTION: 825
(1) "RURAL HOSPITAL" MEANS A HOSPITAL AGENCY, AS DEFINED 827
IN SECTION 140.01 OF THE REVISED CODE, THAT MEETS ALL OF THE 829
FOLLOWING CRITERIA: 830
(a) IS IN COMPLIANCE WITH SECTION 3727.02 OF THE REVISED 833
CODE AND THE REGISTRATION REQUIREMENT OF DIVISION (A) OF SECTION 835
3701.07 OF THE REVISED CODE; 837
(b) IS LOCATED IN A COUNTY THAT HAS A POPULATION OF LESS 840
THAN ONE HUNDRED TWENTY-FIVE THOUSAND.
(2) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 843
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 844
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY. 845
(B) SUBJECT TO DIVISION (C) OF THIS SECTION, A RURAL 848
HOSPITAL OR A HEALTH CARE FACILITY THAT IS OWNED OR OPERATED BY A 849
RURAL HOSPITAL MAY EMPLOY A PHYSICIAN. A HOSPITAL OR FACILITY 850
THAT EMPLOYS A PHYSICIAN IN ACCORDANCE WITH THIS SECTION IS NOT 851
ENGAGED IN THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC 852
MEDICINE AND SURGERY, OR PODIATRY IN VIOLATION OF SECTION
4731.41, 4731.43, OR 4731.60 OF THE REVISED CODE. 853
(C) NO RURAL HOSPITAL OR HEALTH CARE FACILITY OWNED OR 856
OPERATED BY A RURAL HOSPITAL SHALL DO EITHER OF THE FOLLOWING: 857
(1) CONTROL THE PROFESSIONAL CLINICAL JUDGMENT EXERCISED 859
WITHIN ACCEPTED AND PREVAILING STANDARDS OF PRACTICE OF A 861
PHYSICIAN EMPLOYED PURSUANT TO THIS SECTION IN RENDERING CARE, 862
20
TREATMENT, OR PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT; 863
(2) REQUIRE THAT A PHYSICIAN BE EMPLOYED BY THE HOSPITAL 865
OR FACILITY AS A CONDITION OF GRANTING THE PHYSICIAN PRIVILEGES 866
TO PRACTICE WITHIN THE HOSPITAL OR FACILITY. 867
Section 2. That existing section 4731.22 of the Revised 869
Code is hereby repealed. 870