As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 56 5
1999-2000 6
SENATORS WHITE-DRAKE-CUPP-CARNES-MUMPER-SHOEMAKER- 8
SCHAFRATH-PRENTISS-KEARNS-GARDNER-WACHTMANN-DiDONATO- 9
ARMBRUSTER-NEIN-REPRESENTATIVES OGG-VAN VYVEN-HOOD-PRINGLE- 10
BOYD-OPFER-D.MILLER-PADGETT-HARTNETT-WINKLER-SULZER-ALLEN- 11
FORD-BENDER-TERWILLEGER-BARNES-BRADING-HOLLISTER-WILLAMOWSKI- 12
GRENDELL-GERBERRY-STAPLETON-WILSON-HOUSEHOLDER-HAINES-DISTEL- 13
VERICH-BRITTON-GOODING-BEATTY-CATES-O'BRIEN-SALERNO-BUEHRER 14
_________________________________________________________________ 15
A B I L L
To amend section 4731.22 and to enact section 17
4731.31 of the Revised Code to permit rural 18
hospitals to employ physicians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 4731.22 be amended and section 22
4731.31 of the Revised Code be enacted to read as follows: 23
Sec. 4731.22. (A) The state medical board, by an 33
affirmative vote of not fewer than six of its members, may revoke 34
or may refuse to grant a certificate to a person found by the 35
board to have committed fraud during the administration of the 36
examination for a certificate to practice or to have committed 38
fraud, misrepresentation, or deception in applying for or 39
securing any certificate to practice or certificate of
registration issued by the board. 40
(B) The board, by an affirmative vote of not fewer than 43
six members, shall, to the extent permitted by law, limit, 44
revoke, or suspend an individual's certificate to practice, 46
refuse to register an individual, refuse to reinstate a 48
certificate, or reprimand or place on probation the holder of a 50
certificate for one or more of the following reasons:
2
(1) Permitting one's name or one's certificate to practice 52
or certificate of registration to be used by a person, group, or 54
corporation when the individual concerned is not actually 55
directing the treatment given; 56
(2) Failure to maintain minimal standards applicable to 59
the selection or administration of drugs, or failure to employ 60
acceptable scientific methods in the selection of drugs or other 61
modalities for treatment of disease; 62
(3) Selling, giving away, personally furnishing, 64
prescribing, or administering drugs for other than legal and 65
legitimate therapeutic purposes or a plea of guilty to, a 67
judicial finding of guilt of, or a judicial finding of 68
eligibility for treatment in lieu of conviction of, a violation 70
of any federal or state law regulating the possession,
distribution, or use of any drug; 71
(4) Willfully betraying a professional confidence. 73
For purposes of this division, "willfully betraying a 75
professional confidence" does not include the making of a report 76
of an employee's use of a drug of abuse, or a report of a 77
condition of an employee other than one involving the use of a 78
drug of abuse, to the employer of the employee as described in 79
division (B) of section 2305.33 of the Revised Code. Nothing in 81
this division affects the immunity from civil liability conferred 83
by that section upon a physician who makes either type of report 84
in accordance with division (B) of that section. As used in this 85
division, "employee," "employer," and "physician" have the same 86
meanings as in section 2305.33 of the Revised Code. 87
(5) Making a false, fraudulent, deceptive, or misleading 90
statement in the solicitation of or advertising for patients; in 92
relation to the practice of medicine and surgery, osteopathic 93
medicine and surgery, podiatry, or a limited branch of medicine; 94
or in securing or attempting to secure any certificate to 96
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 98
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misleading statement" means a statement that includes a 99
misrepresentation of fact, is likely to mislead or deceive 100
because of a failure to disclose material facts, is intended or 101
is likely to create false or unjustified expectations of 102
favorable results, or includes representations or implications 103
that in reasonable probability will cause an ordinarily prudent 104
person to misunderstand or be deceived. 105
(6) A departure from, or the failure to conform to, 107
minimal standards of care of similar practitioners under the same 108
or similar circumstances, whether or not actual injury to a 109
patient is established; 110
(7) Representing, with the purpose of obtaining 112
compensation or other advantage as personal gain or for any other 114
person, that an incurable disease or injury, or other incurable 115
condition, can be permanently cured; 116
(8) The obtaining of, or attempting to obtain, money or 118
anything of value by fraudulent misrepresentations in the course 119
of practice; 120
(9) A plea of guilty to, a judicial finding of guilt of, 123
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 124
(10) Commission of an act that constitutes a felony in 126
this state, regardless of the jurisdiction in which the act was 127
committed; 128
(11) A plea of guilty to, a judicial finding of guilt of, 131
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 132
practice;
(12) Commission of an act in the course of practice that 134
constitutes a misdemeanor in this state, regardless of the 136
jurisdiction in which the act was committed; 137
(13) A plea of guilty to, a judicial finding of guilt of, 140
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 141
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(14) Commission of an act involving moral turpitude that 143
constitutes a misdemeanor in this state, regardless of the 145
jurisdiction in which the act was committed; 146
(15) Violation of the conditions of limitation placed by 148
the board upon a certificate to practice; 149
(16) Failure to pay license renewal fees specified in this 151
chapter; 152
(17) Engaging EXCEPT AS AUTHORIZED IN SECTION 4731.31 OF 154
THE REVISED CODE, ENGAGING in the division of fees for referral 156
of patients, or the receiving of a thing of value in return for a 157
specific referral of a patient to utilize a particular service or 158
business;
(18) Subject to section 4731.226 of the Revised Code, 160
violation of any provision of a code of ethics of the American 162
medical association, the American osteopathic association, the 163
American podiatric medical association, or any other national 164
professional organizations that the board specifies by rule. The 166
state medical board shall obtain and keep on file current copies 167
of the codes of ethics of the various national professional 168
organizations. The individual whose certificate is being 169
suspended or revoked shall not be found to have violated any 171
provision of a code of ethics of an organization not appropriate 172
to the individual's profession. 173
For purposes of this division, a "provision of a code of 176
ethics of a national professional organization" does not include 177
any provision that would preclude the making of a report by a 178
physician of an employee's use of a drug of abuse, or of a 179
condition of an employee other than one involving the use of a 180
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 182
this division affects the immunity from civil liability conferred 183
by that section upon a physician who makes either type of report 184
in accordance with division (B) of that section. As used in this 185
division, "employee," "employer," and "physician" have the same 186
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meanings as in section 2305.33 of the Revised Code. 187
(19) Inability to practice according to acceptable and 189
prevailing standards of care by reason of mental illness or 190
physical illness, including, but not limited to, physical 191
deterioration that adversely affects cognitive, motor, or 192
perceptive skills. 193
In enforcing this division, the board, upon a showing of a 196
possible violation, may compel any individual authorized to 197
practice by this chapter or who has submitted an application 199
pursuant to this chapter to submit to a mental examination, 201
physical examination, including an HIV test, or both a mental and 203
a physical examination. The expense of the examination is the 205
responsibility of the individual compelled to be examined. 206
Failure to submit to a mental or physical examination or consent 207
to an HIV test ordered by the board constitutes an admission of 208
the allegations against the individual unless the failure is due 210
to circumstances beyond the individual's control, and a default 211
and final order may be entered without the taking of testimony or 212
presentation of evidence. If the board finds an individual 213
unable to practice because of the reasons set forth in this 215
division, the board shall require the individual to submit to 216
care, counseling, or treatment by physicians approved or 217
designated by the board, as a condition for initial, continued, 218
reinstated, or renewed authority to practice. An individual 220
affected under this division shall be afforded an opportunity to 222
demonstrate to the board the ability to resume practice in 223
compliance with acceptable and prevailing standards under the 224
provisions of the individual's certificate. For the purpose of 226
this division, any individual who applies for or receives a 227
certificate to practice under this chapter accepts the privilege 228
of practicing in this state and, by so doing, shall be deemed to 231
have given consent to submit to a mental or physical examination 232
when directed to do so in writing by the board, and to have 233
waived all objections to the admissibility of testimony or 234
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examination reports that constitute a privileged communication. 235
(20) Except when civil penalties are imposed under section 237
4731.225 or 4731.281 of the Revised Code, and subject to section 238
4731.226 of the Revised Code, violating or attempting to violate, 240
directly or indirectly, or assisting in or abetting the violation 241
of, or conspiring to violate, any provisions of this chapter or 242
any rule promulgated by the board.
This division does not apply to a violation or attempted 244
violation of, assisting in or abetting the violation of, or a 245
conspiracy to violate, any provision of this chapter or any rule 246
adopted by the board that would preclude the making of a report 249
by a physician of an employee's use of a drug of abuse, or of a 250
condition of an employee other than one involving the use of a 251
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 253
this division affects the immunity from civil liability conferred 254
by that section upon a physician who makes either type of report 255
in accordance with division (B) of that section. As used in this 256
division, "employee," "employer," and "physician" have the same 257
meanings as in section 2305.33 of the Revised Code. 258
(21) The violation of any abortion rule adopted by the 260
public health council pursuant to section 3701.341 of the Revised 261
Code; 262
(22) Any of the following actions taken by the state 264
agency responsible for regulating the practice of medicine and 265
surgery, osteopathic medicine and surgery, podiatry, or the 266
limited branches of medicine in another state, for any reason 267
other than the nonpayment of fees: the limitation, revocation, 268
or suspension of an individual's license to practice; acceptance 269
of an individual's license surrender; denial of a license; 270
refusal to renew or reinstate a license; imposition of probation; 272
or issuance of an order of censure or other reprimand; 273
(23) The violation of section 2919.12 of the Revised Code 275
or the performance or inducement of an abortion upon a pregnant 276
7
woman with actual knowledge that the conditions specified in 277
division (B) of section 2317.56 of the Revised Code have not been 278
satisfied or with a heedless indifference as to whether those 279
conditions have been satisfied, unless an affirmative defense as 280
specified in division (H)(2) of that section would apply in a 281
civil action authorized by division (H)(1) of that section; 282
(24) The revocation, suspension, restriction, reduction, 284
or termination of clinical privileges by the United States 286
department of defense or department of veterans affairs or the 288
termination or suspension of a certificate of registration to 289
prescribe drugs by the drug enforcement administration of the 290
United States department of justice; 291
(25) Termination or suspension from participation in the 293
medicare or medicaid programs by the department of health and 295
human services or other responsible agency for any act or acts 296
that also would constitute a violation of division (B)(2), (3), 297
(6), (8), or (19) of this section; 298
(26) Impairment of ability to practice according to 300
acceptable and prevailing standards of care because of habitual 301
or excessive use or abuse of drugs, alcohol, or other substances 302
that impair ability to practice. 303
For the purposes of this division, any individual 305
authorized to practice by this chapter accepts the privilege of 307
practicing in this state subject to supervision by the board. By 308
filing an application for or holding a certificate to practice 311
under this chapter, an individual shall be deemed to have given 313
consent to submit to a mental or physical examination when 314
ordered to do so by the board in writing, and to have waived all 315
objections to the admissibility of testimony or examination 316
reports that constitute privileged communications. 317
If it has reason to believe that any individual authorized 319
to practice by this chapter or any applicant for certification to 321
practice suffers such impairment, the board may compel the 322
individual to submit to a mental or physical examination, or 323
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both. The expense of the examination is the responsibility of 325
the individual compelled to be examined. Any mental or physical 327
examination required under this division shall be undertaken by a 328
treatment provider or physician who is qualified to conduct the 329
examination and who is chosen by the board. 330
Failure to submit to a mental or physical examination 333
ordered by the board constitutes an admission of the allegations 334
against the individual unless the failure is due to circumstances 335
beyond the individual's control, and a default and final order 336
may be entered without the taking of testimony or presentation of 337
evidence. If the board determines that the individual's ability 338
to practice is impaired, the board shall suspend the individual's 339
certificate or deny the individual's application and shall 340
require the individual, as a condition for initial, continued, 341
reinstated, or renewed certification to practice, to submit to 343
treatment.
Before being eligible to apply for reinstatement of a 345
certificate suspended under this division, the impaired 347
practitioner shall demonstrate to the board the ability to resume 349
practice in compliance with acceptable and prevailing standards 350
of care under the provisions of the practitioner's certificate. 351
The demonstration shall include, but shall not be limited to, the 353
following:
(a) Certification from a treatment provider approved under 355
section 4731.25 of the Revised Code that the individual has 357
successfully completed any required inpatient treatment; 358
(b) Evidence of continuing full compliance with an 360
aftercare contract or consent agreement; 361
(c) Two written reports indicating that the individual's 363
ability to practice has been assessed and that the individual has 364
been found capable of practicing according to acceptable and 365
prevailing standards of care. The reports shall be made by 366
individuals or providers approved by the board for making the 367
assessments and shall describe the basis for their determination. 368
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The board may reinstate a certificate suspended under this 371
division after that demonstration and after the individual has 372
entered into a written consent agreement. 373
When the impaired practitioner resumes practice, the board 375
shall require continued monitoring of the individual. The 377
monitoring shall include, but not be limited to, compliance with 379
the written consent agreement entered into before reinstatement 380
or with conditions imposed by board order after a hearing, and, 381
upon termination of the consent agreement, submission to the 382
board for at least two years of annual written progress reports 383
made under penalty of perjury stating whether the individual has 384
maintained sobriety. 385
(27) A second or subsequent violation of section 4731.66 387
or 4731.69 of the Revised Code; 388
(28) Except as provided in division (N) of this section: 390
(a) Waiving the payment of all or any part of a deductible 393
or copayment that a patient, pursuant to a health insurance or 394
health care policy, contract, or plan that covers the 395
individual's services, otherwise would be required to pay if the 397
waiver is used as an enticement to a patient or group of patients 398
to receive health care services from that individual; 399
(b) Advertising that the individual will waive the payment 402
of all or any part of a deductible or copayment that a patient, 403
pursuant to a health insurance or health care policy, contract, 404
or plan that covers the individual's services, otherwise would be 406
required to pay. 407
(29) Failure to use universal blood and body fluid 409
precautions established by rules adopted under section 4731.051 410
of the Revised Code; 411
(30) Failure of a collaborating physician to perform the 414
responsibilities agreed to by the physician in the protocol 415
established between the physician and an advanced practice nurse 416
in accordance with section 4723.56 of the Revised Code; 417
(31) Failure to provide notice to, and receive 419
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acknowledgment of the notice from, a patient when required by 421
section 4731.143 of the Revised Code prior to providing 422
nonemergency professional services, or failure to maintain that 423
notice in the patient's file;
(32) Failure of a physician supervising a physician 425
assistant to maintain supervision in accordance with the 426
requirements of Chapter 4730. of the Revised Code and the rules 427
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 429
standard care arrangement with a clinical nurse specialist, 430
certified nurse-midwife, or certified nurse practitioner with 431
whom the physician or podiatrist is in collaboration pursuant to 432
section 4731.27 of the Revised Code and practice in accordance 433
with the arrangement;
(34) Failure to comply with the terms of a consult 435
agreement entered into with a pharmacist pursuant to section 436
4729.39 of the Revised Code; 437
(35) Failure to cooperate in an investigation conducted by 439
the board under division (F) of this section, including failure 441
to comply with a subpoena or order issued by the board or failure 442
to answer truthfully a question presented by the board at a 443
deposition or in written interrogatories, except that failure to 444
cooperate with an investigation shall not constitute grounds for 445
discipline under this section if a court of competent 446
jurisdiction has issued an order that either quashes a subpoena 447
or permits the individual to withhold the testimony or evidence 448
in issue.
(C) Disciplinary actions taken by the board under 450
divisions (A) and (B) of this section shall be taken pursuant to 451
an adjudication under Chapter 119. of the Revised Code, except 452
that in lieu of an adjudication, the board may enter into a 453
consent agreement with an individual to resolve an allegation of 454
a violation of this chapter or any rule adopted under it. A 455
consent agreement, when ratified by an affirmative vote of not 456
11
fewer than six members of the board, shall constitute the 457
findings and order of the board with respect to the matter 458
addressed in the agreement. If the board refuses to ratify a 459
consent agreement, the admissions and findings contained in the 460
consent agreement shall be of no force or effect. 461
(D) For purposes of divisions (B)(10), (12), and (14) of 463
this section, the commission of the act may be established by a 464
finding by the board, pursuant to an adjudication under Chapter 466
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 469
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 472
The board has jurisdiction under those divisions if the trial 473
court issues an order of dismissal upon technical or procedural 474
grounds.
(E) The sealing of conviction records by any court shall 476
have no effect upon a prior board order entered under this 477
section or upon the board's jurisdiction to take action under 478
this section if, based upon a plea of guilty, a judicial finding 480
of guilt, or a judicial finding of eligibility for treatment in 481
lieu of conviction, the board issued a notice of opportunity for 482
a hearing prior to the court's order to seal the records. The 483
board shall not be required to seal, destroy, redact, or 484
otherwise modify its records to reflect the court's sealing of 485
conviction records. 486
(F)(1) The board shall investigate evidence that appears 488
to show that a person has violated any provision of this chapter 490
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 492
appears to show a violation of any provision of this chapter or 493
any rule adopted under it. In the absence of bad faith, any 495
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 497
of the Revised Code shall not be liable in damages in a civil 498
12
action as a result of the report or testimony. Each complaint or 500
allegation of a violation received by the board shall be assigned 501
a case number and shall be recorded by the board. 502
(2) Investigations of alleged violations of this chapter 504
or any rule adopted under it shall be supervised by the 506
supervising member elected by the board in accordance with 507
section 4731.02 of the Revised Code and by the secretary as 508
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 510
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 512
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 515
or any rule adopted under this chapter, the board may administer 517
oaths, order the taking of depositions, issue subpoenas, and 518
compel the attendance of witnesses and production of books, 519
accounts, papers, records, documents, and testimony, except that 520
a subpoena for patient record information shall not be issued 521
without consultation with the attorney general's office and 522
approval of the secretary and supervising member of the board. 524
Before issuance of a subpoena for patient record information, the 525
secretary and supervising member shall determine whether there is 528
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 529
the records sought are relevant to the alleged violation and 531
material to the investigation. The subpoena may apply only to 532
records that cover a reasonable period of time surrounding the 533
alleged violation. 534
On failure to comply with any subpoena issued by the board 537
and after reasonable notice to the person being subpoenaed, the 538
board may move for an order compelling the production of persons 539
or records pursuant to the Rules of Civil Procedure. 540
A subpoena issued by the board may be served by a sheriff, 542
the sheriff's deputy, or a board employee designated by the 543
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board. Service of a subpoena issued by the board may be made by 545
delivering a copy of the subpoena to the person named therein, 546
reading it to the person, or leaving it at the person's usual 547
place of residence. When the person being served is a person 548
whose practice is authorized by this chapter, service of the 549
subpoena may be made by certified mail, restricted delivery, 550
return receipt requested, and the subpoena shall be deemed served 551
on the date delivery is made or the date the person refuses to 552
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 554
same fees as a sheriff. Each witness who appears before the 556
board in obedience to a subpoena shall receive the fees and 558
mileage provided for witnesses in civil cases in the courts of 559
common pleas.
(4) All hearings and investigations of the board shall be 561
considered civil actions for the purposes of section 2305.251 of 562
the Revised Code. 563
(5) Information received by the board pursuant to an 565
investigation is confidential and not subject to discovery in any 566
civil action. 567
The board shall conduct all investigations and proceedings 569
in a manner that protects the confidentiality of patients and 571
persons who file complaints with the board. The board shall not 573
make public the names or any other identifying information about 574
patients or complainants unless proper consent is given or, in 575
the case of a patient, a waiver of the patient privilege exists 576
under division (B) of section 2317.02 of the Revised Code, except 577
that consent or a waiver of that nature is not required if the 578
board possesses reliable and substantial evidence that no bona 580
fide physician-patient relationship exists. 581
The board may share any information it receives pursuant to 584
an investigation, including patient records and patient record 585
information, with other licensing boards and governmental 586
agencies that are investigating alleged professional misconduct 587
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and with law enforcement agencies and other governmental agencies 589
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 590
the same requirements regarding confidentiality as those with 591
which the state medical board must comply, notwithstanding any 592
conflicting provision of the Revised Code or procedure of the 594
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 596
admitted into evidence in a criminal trial in accordance with the 597
Rules of Evidence, but the court shall require that appropriate 598
measures are taken to ensure that confidentiality is maintained 599
with respect to any part of the information that contains names 600
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 601
when the information was in the board's possession. Measures to 602
ensure confidentiality that may be taken by the court include 603
sealing its records or deleting specific information from its 605
records.
(6) On a quarterly basis, the board shall prepare a report 607
that documents the disposition of all cases during the preceding 608
three months. The report shall contain the following information 609
for each case with which the board has completed its activities: 610
(a) The case number assigned to the complaint or alleged 612
violation; 613
(b) The type of certificate to practice, if any, held by 616
the individual against whom the complaint is directed; 617
(c) A description of the allegations contained in the 619
complaint; 620
(d) The disposition of the case. 622
The report shall state how many cases are still pending and 625
shall be prepared in a manner that protects the identity of each 627
person involved in each case. The report shall be a public 628
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 630
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there is clear and convincing evidence that an individual has 632
violated division (B) of this section and that the individual's 633
continued practice presents a danger of immediate and serious 635
harm to the public, they may recommend that the board suspend the 636
individual's certificate to practice without a prior hearing. 638
Written allegations shall be prepared for consideration by the
board. 639
The board, upon review of those allegations and by an 641
affirmative vote of not fewer than six of its members, excluding 643
the secretary and supervising member, may suspend a certificate 644
without a prior hearing. A telephone conference call may be 645
utilized for reviewing the allegations and taking the vote on the 646
summary suspension. 647
The board shall issue a written order of suspension by 649
certified mail or in person in accordance with section 119.07 of 650
the Revised Code. The order shall not be subject to suspension 652
by the court during pendency of any appeal filed under section 653
119.12 of the Revised Code. If the individual subject to the 655
summary suspension requests an adjudicatory hearing by the board, 656
the date set for the hearing shall be within fifteen days, but 657
not earlier than seven days, after the individual requests the 659
hearing, unless otherwise agreed to by both the board and the 660
individual.
Any summary suspension imposed under this division shall 662
remain in effect, unless reversed on appeal, until a final 663
adjudicative order issued by the board pursuant to this section 664
and Chapter 119. of the Revised Code becomes effective. The 665
board shall issue its final adjudicative order within sixty days 666
after completion of its hearing. A failure to issue the order 667
within sixty days shall result in dissolution of the summary 668
suspension order but shall not invalidate any subsequent, final 669
adjudicative order. 670
(H) If the board takes action under division (B)(9), (11), 673
or (13) of this section and the judicial finding of guilt, guilty 674
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plea, or judicial finding of eligibility for treatment in lieu of 675
conviction is overturned on appeal, upon exhaustion of the 677
criminal appeal, a petition for reconsideration of the order may 678
be filed with the board along with appropriate court documents. 679
Upon receipt of a petition of that nature and supporting court 680
documents, the board shall reinstate the individual's certificate 681
to practice. The board may then hold an adjudication under 682
Chapter 119. of the Revised Code to determine whether the 683
individual committed the act in question. Notice of an 685
opportunity for a hearing shall be given in accordance with 686
Chapter 119. of the Revised Code. If the board finds, pursuant 687
to an adjudication held under this division, that the individual 688
committed the act or if no hearing is requested, the board may 690
order any of the sanctions identified under division (B) of this 691
section.
(I) The certificate to practice issued to an individual 693
under this chapter and the individual's practice in this state 695
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 697
subject to a judicial finding of eligibility for treatment in 698
lieu of conviction for any of the following criminal offenses in 700
this state or a substantially equivalent criminal offense in 701
another jurisdiction: aggravated murder, murder, voluntary 702
manslaughter, felonious assault, kidnapping, rape, sexual 703
battery, gross sexual imposition, aggravated arson, aggravated 704
robbery, or aggravated burglary. Continued practice after 706
suspension shall be considered practicing without a certificate. 707
The board shall notify the individual subject to the 710
suspension by certified mail or in person in accordance with 711
section 119.07 of the Revised Code. If an individual whose 712
certificate is suspended under this division fails to make a 713
timely request for an adjudication under Chapter 119. of the 714
Revised Code, the board shall enter a final order permanently 715
revoking the individual's certificate to practice. 716
17
(J) If the board is required by Chapter 119. of the 719
Revised Code to give notice of an opportunity for a hearing and 720
if the individual subject to the notice does not timely request a 721
hearing in accordance with section 119.07 of the Revised Code, 723
the board is not required to hold a hearing, but may adopt, by an 724
affirmative vote of not fewer than six of its members, a final 726
order that contains the board's findings. In that final order, 727
the board may order any of the sanctions identified under 728
division (A) or (B) of this section. 729
(K) Any action taken by the board under division (B) of 731
this section resulting in a suspension from practice shall be 732
accompanied by a written statement of the conditions under which 733
the individual's certificate to practice may be reinstated. The 735
board shall adopt rules governing conditions to be imposed for 736
reinstatement. Reinstatement of a certificate suspended pursuant 737
to division (B) of this section requires an affirmative vote of 738
not fewer than six members of the board. 739
(L) When the board refuses to grant a certificate to an 742
applicant, revokes an individual's certificate to practice, 744
refuses to register an applicant, or refuses to reinstate an 745
individual's certificate to practice, the board may specify that 746
its action is permanent. An individual subject to a permanent 747
action taken by the board is forever thereafter ineligible to 748
hold a certificate to practice and the board shall not accept an 749
application for reinstatement of the certificate or for issuance 750
of a new certificate.
(M) Notwithstanding any other provision of the Revised 752
Code, all of the following apply: 753
(1) The surrender of a certificate issued under this 755
chapter shall not be effective unless or until accepted by the 757
board. Reinstatement of a certificate surrendered to the board 758
requires an affirmative vote of not fewer than six members of the 759
board.
(2) An application for a certificate made under the 762
18
provisions of this chapter may not be withdrawn without approval 764
of the board.
(3) Failure by an individual to renew a certificate of 767
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 769
under this section against the individual. 770
(N) Sanctions shall not be imposed under division (B)(28) 773
of this section against any person who waives deductibles and 774
copayments as follows:
(1) In compliance with the health benefit plan that 776
expressly allows such a practice. Waiver of the deductibles or 777
copayments shall be made only with the full knowledge and consent 778
of the plan purchaser, payer, and third-party administrator. 779
Documentation of the consent shall be made available to the board 780
upon request.
(2) For professional services rendered to any other person 782
authorized to practice pursuant to this chapter, to the extent 784
allowed by this chapter and rules adopted by the board. 785
(O) Under the board's investigative duties described in 787
this section and subject to division (F) of this section, the 789
board shall develop and implement a quality intervention program 791
designed to improve through remedial education the clinical and 793
communication skills of individuals authorized under this chapter 794
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 796
quality intervention program, the board may do all of the 797
following:
(1) Offer in appropriate cases as determined by the board 799
an educational and assessment program pursuant to an 800
investigation the board conducts under this section; 801
(2) Select providers of educational and assessment 803
services, including a quality intervention program panel of case 804
reviewers;
(3) Make referrals to educational and assessment service 807
19
providers and approve individual educational programs recommended 808
by those providers. The board shall monitor the progress of each 809
individual undertaking a recommended individual educational 810
program. 811
(4) Determine what constitutes successful completion of an 813
individual educational program and require further monitoring of 814
the individual who completed the program or other action that the 816
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 818
Revised Code to further implement the quality intervention 820
program.
An individual who participates in an individual educational 823
program pursuant to this division shall pay the financial 824
obligations arising from that educational program. 825
Sec. 4731.31. (A) AS USED IN THIS SECTION: 828
(1) "RURAL HOSPITAL" MEANS A HOSPITAL AGENCY, AS DEFINED 830
IN SECTION 140.01 OF THE REVISED CODE, THAT MEETS ALL OF THE 832
FOLLOWING CRITERIA: 833
(a) IS IN COMPLIANCE WITH SECTION 3727.02 OF THE REVISED 836
CODE AND THE REGISTRATION REQUIREMENT OF DIVISION (A) OF SECTION 838
3701.07 OF THE REVISED CODE; 840
(b) IS LOCATED IN A COUNTY THAT HAS A POPULATION OF LESS 843
THAN ONE HUNDRED TWENTY-FIVE THOUSAND.
(2) "PHYSICIAN" MEANS AN INDIVIDUAL AUTHORIZED UNDER 846
CHAPTER 4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND 847
SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY. 848
(B) SUBJECT TO DIVISION (C) OF THIS SECTION, A RURAL 851
HOSPITAL OR A HEALTH CARE FACILITY THAT IS OWNED OR OPERATED BY A 852
RURAL HOSPITAL MAY EMPLOY A PHYSICIAN. A HOSPITAL OR FACILITY 853
THAT EMPLOYS A PHYSICIAN IN ACCORDANCE WITH THIS SECTION IS NOT 854
ENGAGED IN THE PRACTICE OF MEDICINE AND SURGERY, OSTEOPATHIC 855
MEDICINE AND SURGERY, OR PODIATRY IN VIOLATION OF SECTION
4731.41, 4731.43, OR 4731.60 OF THE REVISED CODE. 856
(C) NO RURAL HOSPITAL OR HEALTH CARE FACILITY OWNED OR 859
20
OPERATED BY A RURAL HOSPITAL SHALL DO EITHER OF THE FOLLOWING: 860
(1) CONTROL THE PROFESSIONAL CLINICAL JUDGMENT EXERCISED 862
WITHIN ACCEPTED AND PREVAILING STANDARDS OF PRACTICE OF A 864
PHYSICIAN EMPLOYED PURSUANT TO THIS SECTION IN RENDERING CARE, 865
TREATMENT, OR PROFESSIONAL ADVICE TO AN INDIVIDUAL PATIENT; 866
(2) REQUIRE THAT A PHYSICIAN BE EMPLOYED BY THE HOSPITAL 868
OR FACILITY AS A CONDITION OF GRANTING THE PHYSICIAN PRIVILEGES 869
TO PRACTICE WITHIN THE HOSPITAL OR FACILITY. 870
Section 2. That existing section 4731.22 of the Revised 872
Code is hereby repealed. 873