REPRESENTATIVES Seitz, Manning, Aslanides, Niehaus, Schneider, Buehrer, Hoops, Clancy, Setzer, Lendrum, White, Hollister, Brinkman, Flowers, Cates, Reidelbach, Gilb, Hughes, G. Smith, Schmidt, McGregor, Latta, Carmichael, Husted, Schaffer, Young

To amend sections 109.36, 1751.21, 2305.25, 2305.251,

1

2305.38, 3701.74, 4715.03, 4723.28, 4730.26,

2

4731.22, 4731.36, 4734.45, 4760.14, and 4762.14; to

3

amend, for the purpose of adopting new section

4

numbers as indicated in parentheses, sections

5

2305.25 (2305.251) and 2305.251 (2305.252); and to

6

enact new section 2305.25 and section 2305.253 of

7

the Revised Code to modify the law regarding peer

8

review committees of health care entities.

9

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

Section 1. That sections 109.36, 1751.21, 2305.25, 2305.251,	10
2305.38, 3701.74, 4715.03, 4723.28, 4730.26, 4731.22, 4731.36,	11
4734.45, 4760.14, and 4762.14 be amended; sections 2305.25	12
(2305.251) and 2305.251 (2305.252) be amended for the purpose of	13
adopting new section numbers as indicated in parentheses; and new	14
section 2305.25 and section 2305.253 of the Revised Code be	15
enacted to read as follows:	16

Sec. 109.36.  As used in this section and sections 109.361 to	17
109.366 of the Revised Code:	18

(A)(1) "Officer or employee" means any of the following:

19

(a) A person who, at the time a cause of action against the	20
person arises, is serving in an elected or appointed office or	21
position with the state or is employed by the state or any.	22

(b) A person that, at the time a cause of action against the	23
person, partnership, or corporation arises, is rendering medical,	24
nursing, dental, podiatric, optometric, physical therapeutic,	25
psychiatric, or psychological services pursuant to a personal	26
services contract or purchased service contract with a department,	27
agency, or institution of the state; or.	28

(c) A person that, at the time a cause of action against the	29
person, partnership, or corporation arises, is rendering peer	30
review, utilization review, or drug utilization review services in	31
relation to medical, nursing, dental, podiatric, optometric,	32
physical therapeutic, psychiatric, or psychological services	33
pursuant to a personal services contract or purchased service	34
contract with a department, agency, or institution of the state.	35

(d) A person who, at the time a cause of action against the	36
person arises, is rendering medical services to patients in a	37
state institution operated by the department of mental health, is	38
a member of the institution's staff, and is performing the	39
services pursuant to an agreement between the state institution	40
and a board of alcohol, drug addiction, and mental health services	41
described in section 340.021 of the Revised Code. "Officer	42

(2) "Officer or employee" does not include any person	43
elected, appointed, or employed by any political subdivision of	44
the state.	45

(B) "State" means the state of Ohio, including but not	46
limited to, the general assembly, the supreme court, the offices	47
of all elected state officers, and all departments, boards,	48
offices, commissions, agencies, institutions, and other	49
instrumentalities of the state of Ohio. "State" does not include	50
political subdivisions.	51

(C) "Political subdivisions" of the state means municipal	52
corporations, townships, counties, school districts, and all other	53
bodies corporate and politic responsible for governmental	54
activities only in geographical areas smaller than that of the	55
state.	56

(D) "Employer" means the general assembly, the supreme	57
court, any office of an elected state officer, or any department,	58
board, office, commission, agency, institution, or other	59
instrumentality of the state of Ohio that employs or contracts	60
with an officer or employee or to which an officer or employee is	61
elected or appointed.	62

Sec. 1751.21.  (A) A peer review committee of a hospital or	63
other health care facility or provider, or of an intermediary	64
organization or health delivery network, with which a health	65
insuring corporation has a contract for health care services may	66
provide to a peer review committee of the health insuring	67
corporation any information, documents, testimony, or other	68
records relating to any matter that is the subject of evaluation	69
or review by the peer review committees, if consent is provided by	70
the health care facility and any physician or other provider whose	71
professional qualifications or activities are the subject of	72
evaluation or review.	73

(B) Any immunity from liability for damages that is provided	74
under section 2305.252305.251 of the Revised Code and that would	75
otherwise apply with respect to the conduct of any peer review	76
committee described in division (A) of this section shall continue	77
to apply, notwithstanding the provision of information as	78
permitted under division (A) of this section.	79

(C) The information, documents, testimony, or other records	80
described in division (A) of this section, if otherwise protected	81
under section 2305.2512305.252 of the Revised Code, shall not be	82
construed as being available for discovery or for use in any civil	83
action solely on the basis that they were provided by the peer	84
review committee as permitted under division (A) of this section.	85

Sec. 2305.25. As used in this section and sections 2305.251	86
to 2305.253 of the Revised Code:	87

(A)(1) "Health care entity" means an entity, whether acting	88
on its own behalf or on behalf of or in affiliation with other	89
health care entities, that conducts as part of its regular	90
business activities professional credentialing or quality review	91
activities involving the competence of, professional conduct of,	92
or quality of care provided by health care providers, including	93
both individuals who provide health care and entities that provide	94
health care.	95

(2) "Health care entity" includes any entity described in	96
division (A)(1) of this section, regardless of whether it is a	97
government entity; for-profit or nonprofit corporation; limited	98
liability company; partnership; professional corporation; state or	99
local society composed of physicians, dentists, optometrists,	100
psychologists, or pharmacists; or other health care organization.	101

(B) "Health insuring corporation" means an entity that holds	102
a certificate of authority under Chapter 1751. of the Revised	103
Code. "Health insuring corporation" includes wholly owned	104
subsidiaries of a health insuring corporation.	105

(C) "Hospital" means either of the following:

106

(1) An institution that has been registered or licensed by	107
the department of health as a hospital;	108

(2) An entity, other than an insurance company authorized to	109
do business in this state, that owns, controls, or is affiliated	110
with an institution that has been registered or licensed by the	111
department of health as a hospital.	112

(D) "Incident report or risk management report" means a	113
report of an incident involving injury or potential injury to a	114
patient as a result of patient care provided by health care	115
providers, including both individuals who provide health care and	116
entities that provide health care, that is prepared by or for the	117
use of a peer review committee of a health care entity and is	118
within the scope of the functions of that committee.	119

(E)(1) "Peer review committee" means a utilization review	120
committee, quality assessment committee, performance improvement	121
committee, tissue committee, credentialing committee, or other	122
committee that does either of the following:	123

(a) Conducts professional credentialing or quality review	124
activities involving the competence of, professional conduct of,	125
or quality of care provided by health care providers, including	126
both individuals who provide health care and entities that provide	127
health care;	128

(b) Conducts any other attendant hearing process initiated	129
as a result of a peer review committee's recommendations or	130
actions.	131

(2) "Peer review committee" includes all of the following:

132

(a) A peer review committee of a hospital or long-term care	133
facility or a peer review committee of a nonprofit health care	134
corporation that is a member of the hospital or long-term care	135
facility or of which the hospital or facility is a member;	136

(b) A peer review committee of a community mental health	137
center;	138

(c) A board or committee of a hospital, a long-term care	139
facility, or other health care entity when reviewing professional	140
qualifications or activities of health care providers, including	141
both individuals who provide health care and entities that provide	142
health care;	143

(d) A peer review committee, professional standards review	144
committee, or arbitration committee of a state or local society	145
composed of members who are in active practice as physicians,	146
dentists, optometrists, psychologists, or pharmacists;	147

(e) A peer review committee of a health insuring corporation	148
that has at least a two-thirds majority of member physicians in	149
active practice and that conducts professional credentialing and	150
quality review activities involving the competence or professional	151
conduct of health care providers that adversely affects or could	152
adversely affect the health or welfare of any patient;	153

(f) A peer review committee of a health insuring corporation	154
that has at least a two-thirds majority of member physicians in	155
active practice and that conducts professional credentialing and	156
quality review activities involving the competence or professional	157
conduct of a health care facility that has contracted with the	158
health insuring corporation to provide health care services to	159
enrollees, which conduct adversely affects, or could adversely	160
affect, the health or welfare of any patient;	161

(g) A peer review committee of a sickness and accident	162
insurer that has at least a two-thirds majority of physicians in	163
active practice and that conducts professional credentialing and	164
quality review activities involving the competence or professional	165
conduct of health care providers that adversely affects or could	166
adversely affect the health or welfare of any patient;	167

(h) A peer review committee of a sickness and accident	168
insurer that has at least a two-thirds majority of physicians in	169
active practice and that conducts professional credentialing and	170
quality review activities involving the competence or professional	171
conduct of a health care facility that has contracted with the	172
insurer to provide health care services to insureds, which conduct	173
adversely affects, or could adversely affect, the health or	174
welfare of any patient;	175

(i) A peer review committee of any insurer authorized under	176
Title XXXIX of the Revised Code to do the business of medical	177
professional liability insurance in this state that conducts	178
professional quality review activities involving the competence or	179
professional conduct of health care providers that adversely	180
affects or could affect the health or welfare of any patient;	181

(j) Any other peer review committee of a health care entity.

182

(F) "Physician" means an individual authorized to practice	183
medicine and surgery, osteopathic medicine and surgery, or	184
podiatric medicine and surgery.	185

(G) "Sickness and accident insurer" means an entity	186
authorized under Title XXXIX of the Revised Code to do the	187
business of sickness and accident insurance in this state.	188

(H) "Tort action" means a civil action for damages for	189
injury, death, or loss to a patient of a health care entity. "Tort	190
action" includes a product liability claim but does not include a	191
civil action for a breach of contract or another agreement between	192
persons.	193

Sec. 2305.25.        Sec. 2305.251. (A) No hospital, no state or local	194
society, and nohealth care entity shall be liable in damages to	195
any person for any acts, omissions, decisions, or other conduct	196
within the scope of the functions of a peer review committee of	197
the health care entity. No individual who is a member of or	198
employeeworks for or on behalf of any of the following committees	199
a peer review committee of a health care entity shall be liable in	200
damages to any person for any acts, omissions, decisions, or other	201
conduct within the scope of the functions of the peer review	202
committee:	203

(A) A utilization review committee, quality assurance, or	204
tissue committee of a hospital or long-term care facility, a	205
nonprofit health care corporation which is a member of the	206
hospital or long-term care facility or of which the hospital or	207
facility is a member, or a community mental health center;	208

(B) A board or committee of a hospital or long-term care	209
facility or of a nonprofit health care corporation which is a	210
member of the hospital or long-term care facility or of which the	211
hospital or long-term care facility is a member reviewing	212
professional qualifications or activities of the medical staff of	213
the hospital or long-term care facility or applicants for	214
admission to the medical staff;	215

(C) A utilization committee of a state or local society	216
composed of doctors of medicine, doctors of osteopathic medicine,	217
or doctors of podiatric medicine;	218

(D) A peer review committee, professional standards review	219
committee, or arbitration committee of a state or local society	220
composed of doctors of medicine, doctors of osteopathic medicine,	221
doctors of dentistry, doctors of optometry, doctors of podiatric	222
medicine, psychologists, or pharmacists;	223

(E) A peer review committee of a health insuring corporation	224
that has at least a two-thirds majority of member physicians in	225
active practice and that conducts professional credentialing and	226
quality review activities involving the competence or professional	227
conduct of health care providers, which conduct adversely affects,	228
or could adversely affect, the health or welfare of any patient.	229
For purposes of this division, "health insuring corporation"	230
includes wholly owned subsidiaries of a health insuring	231
corporation.	232

(F) A peer review committee of any insurer authorized under	233
Title XXXIX of the Revised Code to do the business of sickness and	234
accident insurance in this state that has at least a two-thirds	235
majority of physicians in active practice and that conducts	236
professional credentialing and quality review activities involving	237
the competence or professional conduct of health care providers,	238
which conduct adversely affects, or could adversely affect, the	239
health or welfare of any patient;	240

(G) A peer review committee of any insurer authorized under	241
Title XXXIX of the Revised Code to do the business of sickness and	242
accident insurance in this state that has at least a two-thirds	243
majority of physicians in active practice and that conducts	244
professional credentialing and quality review activities involving	245
the competence or professional conduct of a health care facility	246
that has contracted with the insurer to provide health care	247
services to insureds, which conduct adversely affects, or could	248
adversely affect, the health or welfare of any patient;.	249

(B)(1) A hospital shall be presumed to not be negligent in	250
the credentialing of an individual who has, or has applied for,	251
staff membership or professional privileges at the hospital	252
pursuant to section 3701.351 of the Revised Code, and a health	253
insuring corporation or sickness and accident insurer shall be	254
presumed to not be negligent in the credentialing of an individual	255
who is, or has applied to be, a participating provider with the	256
health insuring corporation or sickness and accident insurer, if	257
the hospital, health insuring corporation, or sickness and	258
accident insurer proves by a preponderance of the evidence that,	259
at the time of the alleged negligent credentialing of the	260
individual, the hospital, health insuring corporation, or sickness	261
and accident insurer was accredited by one of the following:	262

(a) The joint commission on accreditation of healthcare	263
organizations;	264

(b) The American osteopathic association;

265

(c) The national committee for quality assurance;

266

(d) The utilization review accreditation commission.

267

(2) The presumption that a hospital, health insuring	268
corporation, or sickness and accident insurer is not negligent as	269
provided in division (B)(1) of this section may be rebutted only	270
by proof, by a preponderance of the evidence, of any of the	271
following:	272

(a) The credentialing and review requirements of the	273
accrediting organization did not apply to the hospital, health	274
insuring corporation, sickness and accident insurer, the	275
individual, or the type of professional care that is the basis of	276
the claim against the hospital, health insuring corporation, or	277
sickness and accident insurer.	278

(b) The hospital, health insuring corporation, or sickness	279
and accident insurer failed to comply with all material	280
credentialing and review requirements of the accrediting	281
organization that applied to the individual.	282

(c) The hospital, health insuring corporation, or sickness	283
and accident insurer, through its medical staff executive	284
committee or its governing body and sufficiently in advance to	285
take appropriate action, knew that a previously competent	286
individual had developed a pattern of incompetence or otherwise	287
inappropriate behavior, either of which indicated that the	288
individual's staff membership, professional privileges, or	289
participation as a provider should have been limited or terminated	290
prior to the individual's provision of professional care to the	291
plaintiff.	292

(d) The hospital, health insuring corporation, or sickness	293
and accident insurer, through its medical staff executive	294
committee or its governing body and sufficiently in advance to	295
take appropriate action, knew that a previously competent	296
individual would provide fraudulent medical treatment but failed	297
to limit or terminate the individual's staff membership,	298
professional privileges, or participation as a provider prior to	299
the individual's provision of professional care to the plaintiff.	300

(3) If the plaintiff fails to rebut the presumption provided	301
in division (B)(1) of this section, upon the motion of the	302
hospital, health insuring corporation, or sickness and accident	303
insurer, the court shall enter judgment in favor of the hospital,	304
health insuring corporation, or sickness and accident insurer on	305
the claim of negligent credentialing.	306

(C) Nothing in this section otherwise shall relieve any	307
individual or hospitalhealth care entity from liability arising	308
from treatment of a patient or residentan individual. Nothing in	309
this section shall be construed as creating an exception to	310
section 2305.252 of the Revised Code.	311

This section shall also apply to any member or employee of a	312
nonprofit corporation engaged in performing the functions of a	313
peer review committee of nursing home providers or administrators	314
or of a peer review or professional standards review committee.	315

(D) No person who provides information under this section	316
without malice and in the reasonable belief that the information	317
is warranted by the facts known to the person shall be subject to	318
suit for civil damages as a result of providing the information.	319

Sec. 2305.251.        Sec. 2305.252.  Proceedings and records of all	320
review committees described in section 2305.25 of the Revised Code	321
within the scope of a peer review committee of a health care	322
entity shall be held in confidence and shall not be subject to	323
discovery or introduction in evidence in any civil action against	324
a health care entity or health care professional, a hospital, a	325
long-term care facility, a not-for-profit health care corporation	326
that is a member of a hospital or long-term care facility or of	327
which a hospital or long-term care facility is a member, or	328
another health care institutionprovider, including both	329
individuals who provide health care and entities that provide	330
health care, arising out of matters that are the subject of	331
evaluation and review by the peer review committee. No person in	332
attendance atindividual who attends a meeting of a peer review	333
committee or serving, serves as a member of a peer review	334
committee, works for or on behalf of a peer review committee, or	335
provides information to a peer review committee shall be permitted	336
or required to testify in any civil action as to any evidence or	337
other matters produced or presented during the proceedings of the	338
peer review committee or as to any finding, recommendation,	339
evaluation, opinion, or other action of the, committee or a member	340
thereof. Information, documents, or records otherwise available	341
from original sources are not to be construed as being unavailable	342
for discovery or for use in any civil action merely because they	343
were produced or presented during proceedings of a peer review	344
committee nor should any person testifying, but the information,	345
documents, or records are available only from the original sources	346
and cannot be obtained from the peer review committee's	347
proceedings or records. An individual who testifies before a	348
peer review committee or who is, serves as a representative of a	349
peer review committee, serves as a member of thea peer review	350
committee, works for or on behalf of a peer review committee, or	351
provides information to a peer review committee shall not be	352
prevented from testifying as to matters within the person's	353
individual's knowledge, but the witnessindividual cannot be asked	354
about the witness'sindividual's testimony before the peer review	355
committee, information the individual provided to the peer review	356
committee, or any opinion the individual formed by the witness as	357
a result of the committee hearingpeer review committee's	358
activities. An order by a court to produce for discovery or for	359
use at trial the proceedings or records described in this section	360
is a final order.	361

Sec. 2305.253. (A) Notwithstanding any contrary provision of	362
section 149.43, 1751.21, 2305.24, 2305.25, 2305.251, 2305.252, or	363
2305.28 of the Revised Code, an incident report or risk management	364
report and the contents of an incident report or risk management	365
report are not subject to discovery in, and are not admissible in	366
evidence in the trial of, a tort action. An individual who	367
prepares or has knowledge of the contents of an incident report or	368
risk management report shall not testify and shall not be required	369
to testify in a tort action as to the contents of the report.	370

(B)(1) Except as specified in division (A) of this section,	371
this section does not affect any provision of section 149.43,	372
1751.21, 2305.24, 2305.25, 2305.251, 2305.252, or 2305.28 of the	373
Revised Code that describes, imposes, or confers any of the	374
following:	375

(a) An immunity from tort or other civil liability;

376

(b) A forfeiture of an immunity from tort or other civil	377
liability;	378

(c) A requirement of confidentiality;

379

(d) A limitation on the use of information, data, reports,	380
or records;	381

(e) Tort or other civil liability;

382

(f) A limitation on discovery of matter, introduction into	383
evidence of matter, or testimony pertaining to matter in a tort or	384
other civil action.	385

(2) Divisions (A) and (B)(1) of this section do not prohibit	386
or limit the discovery or admissibility of testimony or evidence	387
relating to patient care that is within an individual's personal	388
knowledge.	389

(3) Divisions (A) and (B)(1) and (2) of this section do not	390
affect a privileged communication between an attorney and the	391
attorney's client as described in section 2317.02 of the Revised	392
Code.	393

Sec. 2305.38.  (A) As used in this section:

394

(1) "Charitable organization" means either of the following:

395

(a) Any charitable nonprofit corporation that is organized	396
and operated pursuant to Chapter 1702. of the Revised Code,	397
including, but not limited to, any such corporation whose articles	398
of incorporation specify that it is organized and to be operated	399
for an education-related purpose;	400

(b) Any charitable association, group, institution, or	401
society that is not organized and not operated for profit,	402
including, but not limited to, any such association, group,	403
institution, or society that is organized and operated for any	404
education-related purpose.	405

(2) "Compensation" does not include actual and necessary	406
expenses that are incurred by a volunteer in connection with the	407
services that the volunteer performs for a charitable	408
organization, and that are reimbursed to the volunteer or	409
otherwise paid.	410

(3) "Corporate services" means services that are performed by	411
a volunteer who is associated with a charitable organization as	412
defined in division (A)(1)(a) of this section and that reflect	413
duties or responsibilities arising under Chapter 1702. of the	414
Revised Code.	415

(4) "Supervisory services" means services that are performed	416
by a volunteer who is associated with a charitable organization as	417
defined in division (A)(1)(a) or (b) of this section and that	418
involve duties and responsibilities in connection with the	419
supervision of one or more officers, employees, trustees, or other	420
volunteers of that charitable organization.	421

(5) "Volunteer" means an officer, trustee, or other person	422
who performs services for a charitable organization but does not	423
receive compensation, either directly or indirectly, for those	424
services.	425

(B) A volunteer is not liable in damages in a civil action	426
for injury, death, or loss to person or property that arises from	427
the actions or omissions of any of the officers, employees,	428
trustees, or other volunteers of the charitable organization for	429
which the volunteer performs services, unless either of the	430
following applies:	431

(1) With prior knowledge of an action or omission of a	432
particular officer, employee, trustee, or other volunteer, the	433
volunteer authorizes, approves, or otherwise actively participates	434
in that action or omission.	435

(2) After an action or omission of a particular officer,	436
employee, trustee, or other volunteer, the volunteer, with full	437
knowledge of that action or omission, ratifies it.	438

(C) A volunteer is not liable in damages in a civil action	439
for injury, death, or loss to person or property that arises from	440
the volunteer's actions or omissions in connection with any	441
supervisory or corporate services that the volunteer performs for	442
the charitable organization, unless either of the following	443
applies:	444

(1) An action or omission of the volunteer involves conduct	445
as described in division (B)(1) or (2) of this section;	446

(2) An action or omission of the volunteer constitutes	447
willful or wanton misconduct or intentionally tortious conduct.	448

(D) A volunteer is not liable in damages in a civil action	449
for injury, death, or loss to person or property that arises from	450
the volunteer's actions or omissions in connection with any	451
nonsupervisory or noncorporate services that the volunteer	452
performs for the charitable organization, unless either of the	453
following applies:	454

(1) An action or omission of the volunteer involves conduct	455
as described in division (B)(1) or (2) of this section;	456

(2) An action or omission of the volunteer constitutes	457
negligence, willful or wanton misconduct, or intentionally	458
tortious conduct.	459

(E)(1) This section does not create a new cause of action or	460
substantive legal right against a volunteer.	461

(2) This section does not affect any immunities from civil	462
liability or defenses established by another section of the	463
Revised Code or available at common law, to which a volunteer may	464
be entitled under circumstances not covered by this section. This	465
section does not diminish in any respect the immunities provided	466
in section 2305.252305.251 of the Revised Code. The immunities	467
conferred upon volunteers in this section are not intended to	468
affect the liability of a charitable organization in a civil	469
action for injury, death, or loss to person or property.	470

Sec. 3701.74. (A) As used in this section and section	471
3701.741 of the Revised Code:	472

(1) "Ambulatory care facility" means a facility that provides	473
medical, diagnostic, or surgical treatment to patients who do not	474
require hospitalization, including a dialysis center, ambulatory	475
surgical facility, cardiac catheterization facility, diagnostic	476
imaging center, extracorporeal shock wave lithotripsy center, home	477
health agency, inpatient hospice, birthing center, radiation	478
therapy center, emergency facility, and an urgent care center.	479
"Ambulatory care facility" does not include the private office of	480
a physician or dentist, whether the office is for an individual or	481
group practice.	482

(2) "Chiropractor" means an individual licensed under Charter	483
Chapter 4734. of the Revised Code to practice chiropractic.	484

(2)(3) "Emergency facility" means a hospital emergency	485
department or any other facility that provides emergency medical	486
services.	487

(4) "Health care practitioner" means all of the following:

488

(a) A dentist or dental hygienist licensed under Chapter	489
4715. of the Revised Code;	490

(b) A registered or licensed practical nurse licensed under	491
Chapter 4723. of the Revised Code;	492

(c) An optometrist licensed under Chapter 4725. of the	493
Revised Code;	494

(d) A dispensing optician, spectacle dispensing optician,	495
contact lens dispensing optician, or spectacle-contact lens	496
dispensing optician licensed under Chapter 4725. of the Revised	497
Code;	498

(e) A pharmacist licensed under Chapter 4729. of the Revised	499
Code;	500

(f) A physician;

501

(g) A physician assistant authorized under Chapter 4730. of	502
the Revised Code to practice as a physician assistant;	503

(h) A practitioner of a limited branch of medicine issued a	504
certificate under Chapter 4731. of the Revised Code;	505

(i) A psychologist licensed under Chapter 4732. of the	506
Revised Code;	507

(j) A chiropractor;

508

(k) A hearing aid dealer or fitter licensed under Chapter	509
4747. of the Revised Code;	510

(l) A speech-language pathologist or audiologist licensed	511
under Chapter 4753. of the Revised Code;	512

(m) An occupational therapist or occupational therapy	513
assistant licensed under Chapter 4755. of the Revised Code;	514

(n) A physical therapist or physical therapy assistant	515
licensed under Chapter 4755. of the Revised Code;	516

(o) A professional clinical counselor, professional	517
counselor, social worker, or independent social worker licensed,	518
or a social work assistant registered, under Chapter 4757. of the	519
Revised Code;	520

(p) A dietitian licensed under Chapter 4759. of the Revised	521
Code;	522

(q) A respiratory care professional licensed under Chapter	523
4761. of the Revised Code;	524

(r) An emergency medical technician-basic, emergency medical	525
technician-intermediate, or emergency medical technician-paramedic	526
certified under Chapter 4765. of the Revised Code.	527

(5) "Health care provider" has the same meaning as in	528
section 3729.01 of the Revised Codemeans a hospital, ambulatory	529
care facility, long-term care facility, pharmacy, emergency	530
facility, or health care practitioner.	531

(3)(6) "Hospital" has the same meaning as in section 3727.01	532
of the Revised Code.	533

(7) "Long-term care facility" means a nursing home,	534
residential care facility, or home for the aging, as those terms	535
are defined in section 3721.01 of the Revised Code; an adult care	536
facility, as defined in section 3722.01 of the Revised Code; a	537
nursing facility or intermediate care facility for the mentally	538
retarded, as those terms are defined in section 5111.20 of the	539
Revised Code; a facility or portion of a facility certified as a	540
skilled nursing facility under Title XVIII of the "Social Security	541
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	542

(8) "Medical record" means data in any form that pertains	543
to a patient's medical history, diagnosis, prognosis, or medical	544
condition and that is generated and maintained by a health care	545
provider in the process of the patient's health care treatment.	546

(4)(9) "Medical records company" means a person who stores,	547
locates, or copies medical records for a health care provider, or	548
is compensated for doing so by a health care provider, and charges	549
a fee for providing medical records to a patient or patient's	550
representative.	551

(5)(10) "Patient" means either of the following:

552

(a) An individual who received health care treatment from a	553
health care provider or from a practitioner;	554

(b) A guardian, as defined in section 1337.11 of the Revised	555
Code, of an individual described in division (A)(5)(10)(a) of this	556
section.	557

(6)(11) "Patient's representative" means a person to whom a	558
patient has given written authorization to act on the patient's	559
behalf regarding the patient's medical records, except that if the	560
patient is deceased, "patient's representative" means the executor	561
or administrator of the patient's estate or the person responsible	562
for the patient's estate if it is not to be probated. "Patient's	563
representative" does not include an insurer authorized under Title	564
XXXIX of the Revised Code to do the business of sickness and	565
accident insurance in this state or a health insuring corporation	566
holding a certificate of authority under Chapter 1751. of the	567
Revised Code.	568

(7)(12) "Pharmacy" has the same meaning as in section 4729.01	569
of the Revised Code.	570

(13) "Physician" means a person authorized under Chapter	571
4731. of the Revised Code to practice medicine and surgery,	572
osteopathic medicine and surgery, or podiatrypodiatric medicine	573
and surgery.	574

(5) "Practitioner" means an individual authorized under	575
Chapter 4731. of the Revised Code to practice medicine and	576
surgery, osteopathic medicine and surgery, or podiatry or an	577
individual licensed under Chapter 4734. of the Revised Code to	578
practice chiropractic.	579

(B) A patient or patient's representative who wishes to	580
examine or obtain a copy of part or all of a medical record	581
shall submit to the health care provider or practitioner a	582
written request signed by the patient dated not more than sixty	583
days before the date on which it is submitted. The patient or	584
patient's representative who wishes to obtain a copy of the record	585
shall indicate in the request whether the copy is to be sent to	586
the patient's residence, physician or chiropractor, or	587
representative, or held for the patient at the office of the	588
health care provider or by the practitioner. Within a reasonable	589
time after receiving a request that meets the requirements of this	590
division and includes sufficient information to identify the	591
record requested, a health care provider that has the patient's	592
medical records or practitioner shall permit the patient to	593
examine the record during regular business hours without charge	594
or, on request, shall provide a copy of the record in accordance	595
with section 3701.741 of the Revised Code, except that if a	596
physician or chiropractor practitioner who has treated the	597
patient determines for clearly stated treatment reasons that	598
disclosure of the requested record is likely to have an adverse	599
effect on the patient, the health care provider or practitioner	600
shall provide the record to a physician or chiropractor	601
practitioner designated by the patient. The health care provider	602
or practitioner shall take reasonable steps to establish the	603
identity of the person making the request to examine or obtain a	604
copy of the patient's record.	605

(C) If a health care provider or practitioner fails to	606
furnish a medical record as required by division (B) of this	607
section, the patient or patient's representative who requested the	608
record may bring a civil action to enforce the patient's right of	609
access to the record.	610

(D)(1) This section does not apply to medical records whose	611
release is covered by section 173.20 or 3721.13 of the Revised	612
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	613
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	614
Records," or by 42 C.F.R. 483.10.	615

(2) Nothing in this section is intended to supersede the	616
confidentiality provisions of sections 2305.24 to, 2305.25,	617
2305.251, and 2305.252 of the Revised Code.	618

Sec. 4715.03.  (A) The state dental board shall organize by	619
the election from its members of a president and a secretary. It	620
shall hold meetings monthly at least eight months a year at such	621
times and places as the board designates. A majority of the	622
members of the board shall constitute a quorum. The board shall	623
make such reasonable rules as it determines necessary pursuant to	624
Chapter 119. of the Revised Code.	625

(B) A concurrence of a majority of the members of the board	626
shall be required to grant, refuse, suspend, place on probationary	627
status, revoke, refuse to renew, or refuse to reinstate a license	628
or censure a license holder.	629

(C) The board shall adopt rules establishing standards for	630
the safe practice of dentistry and dental hygiene by qualified	631
practitioners and shall, through its policies and activities,	632
promote such practice.	633

The board shall adopt rules in accordance with Chapter 119.	634
of the Revised Code establishing universal blood and body fluid	635
precautions that shall be used by each person licensed under this	636
chapter who performs exposure prone invasive procedures. The	637
rules shall define and establish requirements for universal blood	638
and body fluid precautions that include the following:	639

(1) Appropriate use of hand washing;

640

(2) Disinfection and sterilization of equipment;

641

(3) Handling and disposal of needles and other sharp	642
instruments;	643

(4) Wearing and disposal of gloves and other protective	644
garments and devices.	645

(D) The board shall administer and enforce the provisions of	646
this chapter. The board shall investigate evidence which appears	647
to show that any person has violated any provision of this	648
chapter. Any person may report to the board under oath any	649
information such person may have appearing to show a violation of	650
any provision of this chapter. In the absence of bad faith, any	651
person who reports such information or who testifies before the	652
board in any disciplinary proceeding conducted pursuant to Chapter	653
119. of the Revised Code is not liable for civil damages as a	654
result of making the report or providing testimony. If after	655
investigation the board determines that there are reasonable	656
grounds to believe that a violation of this chapter has occurred,	657
the board shall conduct disciplinary proceedings pursuant to	658
Chapter 119. of the Revised Code or provide for a license holder	659
to participate in the quality intervention program established	660
under section 4715.031 of the Revised Code. The board shall not	661
dismiss any complaint or terminate any investigation except by a	662
majority vote of its members. For the purpose of any disciplinary	663
proceeding or any investigation conducted under this division,	664
the board may administer oaths, order the taking of depositions,	665
issue subpoenas, compel the attendance and testimony of persons at	666
depositions and compel the production of books, accounts, papers,	667
documents, or other tangible things. The hearings and	668
investigations of the board shall be considered civil actions for	669
the purposes of section 2305.2512305.252 of the Revised Code.	670
Notwithstanding section 121.22 of the Revised Code, proceedings of	671
the board relative to the investigation of a complaint or the	672
determination whether there are reasonable grounds to believe that	673
a violation of this chapter has occurred are confidential and are	674
not subject to discovery in any civil action.	675

(E) The board shall examine or cause to be examined eligible	676
applicants to practice dentistry and dental hygiene. The board may	677
distinguish by rule different classes of qualified personnel	678
according to skill levels and require all or only certain of these	679
classes of qualified personnel to be examined and certified by the	680
board.	681

(F) In accordance with Chapter 119. of the Revised Code, the	682
board shall adopt, and may amend or rescind, rules establishing	683
the eligibility criteria, the application and permit renewal	684
procedures, and safety standards applicable to a dentist licensed	685
under this chapter who applies for a permit to employ or use	686
conscious intravenous sedation. These rules shall include all of	687
the following:	688

(1) The eligibility requirements and application procedures	689
for an eligible dentist to obtain a conscious intravenous sedation	690
permit;	691

(2) The minimum educational and clinical training standards	692
required of applicants, which shall include satisfactory	693
completion of an advanced cardiac life support course;	694

(3) The facility equipment and inspection requirements;

695

(4) Safety standards;

696

(5) Requirements for reporting adverse occurrences.

697

Sec. 4723.28.  (A) The board of nursing, by a vote of a	698
quorum, may revoke or may refuse to grant a nursing license,	699
certificate of authority, or dialysis technician certificate to a	700
person found by the board to have committed fraud in passing an	701
examination required to obtain the license, certificate of	702
authority, or dialysis technician certificate or to have committed	703
fraud, misrepresentation, or deception in applying for or securing	704
any nursing license, certificate of authority, or dialysis	705
technician certificate issued by the board.	706

(B) Subject to division (N) of this section, the board of	707
nursing, by a vote of a quorum, may impose one or more of the	708
following sanctions: deny, revoke, suspend, or place restrictions	709
on any nursing license, certificate of authority, or dialysis	710
technician certificate issued by the board; reprimand or otherwise	711
discipline a holder of a nursing license, certificate of	712
authority, or dialysis technician certificate; or impose a fine of	713
not more than five hundred dollars per violation. The sanctions	714
may be imposed for any of the following:	715

(1) Denial, revocation, suspension, or restriction of	716
authority to practice a health care occupation, including nursing	717
or practice as a dialysis technician, for any reason other than a	718
failure to renew, in Ohio or another state or jurisdiction;	719

(2) Engaging in the practice of nursing or engaging in	720
practice as a dialysis technician, having failed to renew a	721
nursing license or dialysis technician certificate issued under	722
this chapter, or while a nursing license or dialysis technician	723
certificate is under suspension;	724

(3) Conviction of, a plea of guilty to, a judicial finding	725
of guilt of, a judicial finding of guilt resulting from a plea of	726
no contest to, or a judicial finding of eligibility for	727
intervention in lieu of conviction for, a misdemeanor committed in	728
the course of practice;	729

(4) Conviction of, a plea of guilty to, a judicial finding	730
of guilt of, a judicial finding of guilt resulting from a plea of	731
no contest to, or a judicial finding of eligibility for	732
intervention in lieu of conviction for, any felony or of any crime	733
involving gross immorality or moral turpitude;	734

(5) Selling, giving away, or administering drugs or	735
therapeutic devices for other than legal and legitimate	736
therapeutic purposes; or conviction of, a plea of guilty to, a	737
judicial finding of guilt of, a judicial finding of guilt	738
resulting from a plea of no contest to, or a judicial finding of	739
eligibility for intervention in lieu of conviction for, violating	740
any municipal, state, county, or federal drug law;	741

(6) Conviction of, a plea of guilty to, a judicial finding	742
of guilt of, a judicial finding of guilt resulting from a plea of	743
no contest to, or a judicial finding of eligibility for	744
intervention in lieu of conviction for, an act in another	745
jurisdiction that would constitute a felony or a crime of moral	746
turpitude in Ohio;	747

(7) Conviction of, a plea of guilty to, a judicial finding	748
of guilt of, a judicial finding of guilt resulting from a plea of	749
no contest to, or a judicial finding of eligibility for	750
intervention in lieu of conviction for, an act in the course of	751
practice in another jurisdiction that would constitute a	752
misdemeanor in Ohio;	753

(8) Self-administering or otherwise taking into the body any	754
dangerous drug, as defined in section 4729.01 of the Revised Code,	755
in any way not in accordance with a legal, valid prescription	756
issued for that individual;	757

(9) Habitual indulgence in the use of controlled substances,	758
other habit-forming drugs, or alcohol or other chemical substances	759
to an extent that impairs ability to practice;	760

(10) Impairment of the ability to practice according to	761
acceptable and prevailing standards of safe nursing care because	762
of habitual or excessive use of drugs, alcohol, or other chemical	763
substances that impair the ability to practice;	764

(11) Impairment of the ability to practice according to	765
acceptable and prevailing standards of safe nursing care because	766
of a physical or mental disability;	767

(12) Assaulting or causing harm to a patient or depriving a	768
patient of the means to summon assistance;	769

(13) Obtaining or attempting to obtain money or anything of	770
value by intentional misrepresentation or material deception in	771
the course of practice;	772

(14) Adjudication by a probate court of being mentally ill	773
or mentally incompetent. The board may restore the person's	774
nursing license or dialysis technician certificate upon	775
adjudication by a probate court of the person's restoration to	776
competency or upon submission to the board of other proof of	777
competency.	778

(15) The suspension or termination of employment by the	779
department of defense or the veterans administration of the United	780
States for any act that violates or would violate this chapter;	781

(16) Violation of this chapter or any rules adopted under	782
it;	783

(17) Violation of any restrictions placed on a nursing	784
license or dialysis technician certificate by the board;	785

(18) Failure to use universal blood and body fluid	786
precautions established by rules adopted under section 4723.07 of	787
the Revised Code;	788

(19) Failure to practice in accordance with acceptable and	789
prevailing standards of safe nursing care or safe dialysis care;	790

(20) In the case of a registered nurse, engaging in	791
activities that exceed the practice of nursing as a registered	792
nurse;	793

(21) In the case of a licensed practical nurse, engaging in	794
activities that exceed the practice of nursing as a licensed	795
practical nurse;	796

(22) In the case of a dialysis technician, engaging in	797
activities that exceed those permitted under section 4723.72 of	798
the Revised Code;	799

(23) Aiding and abetting a person in that person's practice	800
of nursing without a license or practice as a dialysis technician	801
without a certificate issued under this chapter;	802

(24) In the case of a certified registered nurse	803
anesthetist, clinical nurse specialist, certified nurse-midwife,	804
certified nurse practitioner, or advanced practice nurse, except	805
as provided in division (M) of this section, either of the	806
following:	807

(a) Waiving the payment of all or any part of a deductible	808
or copayment that a patient, pursuant to a health insurance or	809
health care policy, contract, or plan that covers such nursing	810
services, would otherwise be required to pay if the waiver is used	811
as an enticement to a patient or group of patients to receive	812
health care services from that provider;	813

(b) Advertising that the nurse will waive the payment of all	814
or any part of a deductible or copayment that a patient, pursuant	815
to a health insurance or health care policy, contract, or plan	816
that covers such nursing services, would otherwise be required to	817
pay.	818

(25) Failure to comply with the terms and conditions of	819
participation in the chemical dependency monitoring program	820
established under section 4723.35 of the Revised Code;	821

(26) Failure to comply with the terms and conditions	822
required under the practice intervention and improvement program	823
established under section 4723.282 of the Revised Code;	824

(27) In the case of a certified registered nurse	825
anesthetist, clinical nurse specialist, certified nurse-midwife,	826
or certified nurse practitioner:	827

(a) Engaging in activities that exceed those permitted for	828
the nurse's nursing specialty under section 4723.43 of the Revised	829
Code;	830

(b) Failure to meet the quality assurance standards	831
established under section 4723.07 of the Revised Code.	832

(28) In the case of a clinical nurse specialist, certified	833
nurse-midwife, or certified nurse practitioner, failure to	834
maintain a standard care arrangement in accordance with section	835
4723.431 of the Revised Code or to practice in accordance with the	836
standard care arrangement;	837

(29) In the case of a clinical nurse specialist, certified	838
nurse-midwife, or certified nurse practitioner who holds a	839
certificate to prescribe issued under section 4723.48 of the	840
Revised Code, failure to prescribe drugs and therapeutic devices	841
in accordance with section 4723.481 of the Revised Code;	842

(30) Prescribing any drug or device to perform or induce an	843
abortion, or otherwise performing or inducing an abortion;	844

(31) Failure to establish and maintain professional	845
boundaries with a patient, as specified in rules adopted under	846
section 4723.07 of the Revised Code;	847

(32) Regardless of whether the contact or verbal behavior is	848
consensual, engaging with a patient other than the spouse of the	849
registered nurse, licensed practical nurse, or dialysis technician	850
in any of the following:	851

(a) Sexual contact, as defined in section 2907.01 of the	852
Revised Code;	853

(b) Verbal behavior that is sexually demeaning to the	854
patient or may be reasonably interpreted by the patient as	855
sexually demeaning.	856

(C) Disciplinary actions taken by the board under divisions	857
(A) and (B) of this section shall be taken pursuant to an	858
adjudication conducted under Chapter 119. of the Revised Code,	859
except that in lieu of a hearing, the board may enter into a	860
consent agreement with an individual to resolve an allegation of a	861
violation of this chapter or any rule adopted under it. A consent	862
agreement, when ratified by a vote of a quorum, shall constitute	863
the findings and order of the board with respect to the matter	864
addressed in the agreement. If the board refuses to ratify a	865
consent agreement, the admissions and findings contained in the	866
agreement shall be of no effect.	867

(D) The hearings of the board shall be conducted in	868
accordance with Chapter 119. of the Revised Code, the board may	869
appoint a hearing examiner, as provided in section 119.09 of the	870
Revised Code, to conduct any hearing the board is authorized to	871
hold under Chapter 119. of the Revised Code.	872

In any instance in which the board is required under Chapter	873
119. of the Revised Code to give notice of an opportunity for a	874
hearing and the applicant or license holder does not make a timely	875
request for a hearing in accordance with section 119.07 of the	876
Revised Code, the board is not required to hold a hearing, but may	877
adopt, by a vote of a quorum, a final order that contains the	878
board's findings. In the final order, the board may order any of	879
the sanctions listed in division (A) or (B) of this section.	880

(E) If a criminal action is brought against a registered	881
nurse, licensed practical nurse, or dialysis technician for an act	882
or crime described in divisions (B)(3) to (7) of this section and	883
the action is dismissed by the trial court other than on the	884
merits, the board shall conduct an adjudication to determine	885
whether the registered nurse, licensed practical nurse, or	886
dialysis technician committed the act on which the action was	887
based. If the board determines on the basis of the adjudication	888
that the registered nurse, licensed practical nurse, or dialysis	889
technician committed the act, or if the registered nurse, licensed	890
practical nurse, or dialysis technician fails to participate in	891
the adjudication, the board may take action as though the	892
registered nurse, licensed practical nurse, or dialysis technician	893
had been convicted of the act.	894

If the board takes action on the basis of a conviction, plea,	895
or a judicial finding as described in divisions (B)(3) to (7) of	896
this section that is overturned on appeal, the registered nurse,	897
licensed practical nurse, or dialysis technician may, on	898
exhaustion of the appeal process, petition the board for	899
reconsideration of its action. On receipt of the petition and	900
supporting court documents, the board shall temporarily rescind	901
its action. If the board determines that the decision on appeal	902
was a decision on the merits, it shall permanently rescind its	903
action. If the board determines that the decision on appeal was	904
not a decision on the merits, it shall conduct an adjudication	905
to determine whether the registered nurse, licensed practical	906
nurse, or dialysis technician committed the act on which the	907
original conviction, plea, or judicial finding was based. If the	908
board determines on the basis of the adjudication that the	909
registered nurse, licensed practical nurse, or dialysis technician	910
committed such act, or if the registered nurse, licensed practical	911
nurse, or dialysis technician does not request an adjudication,	912
the board shall reinstate its action; otherwise, the board shall	913
permanently rescind its action.	914

Notwithstanding the provision of division (C)(2) of section	915
2953.32 of the Revised Code specifying that if records pertaining	916
to a criminal case are sealed under that section the proceedings	917
in the case shall be deemed not to have occurred, sealing of the	918
records of a conviction on which the board has based an action	919
under this section shall have no effect on the board's action or	920
any sanction imposed by the board under this section.	921

The board shall not be required to seal, destroy, redact, or	922
otherwise modify its records to reflect the court's sealing of	923
conviction records.	924

(F) The board may investigate an individual's criminal	925
background in performing its duties under this section.	926

(G) During the course of an investigation conducted under	927
this section, the board may compel any registered nurse, licensed	928
practical nurse, or dialysis technician or applicant under this	929
chapter to submit to a mental or physical examination, or both, as	930
required by the board and at the expense of the individual, if the	931
board finds reason to believe that the individual under	932
investigation may have a physical or mental impairment that may	933
affect the individual's ability to provide safe nursing care.	934
Failure of any individual to submit to a mental or physical	935
examination when directed constitutes an admission of the	936
allegations, unless the failure is due to circumstances beyond the	937
individual's control, and a default and final order may be entered	938
without the taking of testimony or presentation of evidence.	939

If the board finds that an individual is impaired, the board	940
shall require the individual to submit to care, counseling, or	941
treatment approved or designated by the board, as a condition for	942
initial, continued, reinstated, or renewed authority to practice.	943
The individual shall be afforded an opportunity to demonstrate to	944
the board that the individual can begin or resume the individual's	945
occupation in compliance with acceptable and prevailing standards	946
of care under the provisions of the individual's authority to	947
practice.	948

For purposes of this division, any registered nurse,	949
licensed practical nurse, or dialysis technician or applicant	950
under this chapter shall be deemed to have given consent to submit	951
to a mental or physical examination when directed to do so in	952
writing by the board, and to have waived all objections to the	953
admissibility of testimony or examination reports that constitute	954
a privileged communication.	955

(H) The board shall investigate evidence that appears to	956
show that any person has violated any provision of this chapter or	957
any rule of the board. Any person may report to the board any	958
information the person may have that appears to show a violation	959
of any provision of this chapter or rule of the board. In the	960
absence of bad faith, any person who reports such information or	961
who testifies before the board in any adjudication conducted under	962
Chapter 119. of the Revised Code shall not be liable for civil	963
damages as a result of the report or testimony.	964

(I) All of the following apply under this chapter with	965
respect to the confidentiality of information:	966

(1) Information received by the board pursuant to an	967
investigation is confidential and not subject to discovery in any	968
civil action, except that the board may disclose information to	969
law enforcement officers and government entities investigating a	970
registered nurse, licensed practical nurse, or dialysis technician	971
or a person who may have engaged in the unauthorized practice of	972
nursing. No law enforcement officer or government entity with	973
knowledge of any information disclosed by the board pursuant to	974
this division shall divulge the information to any other person or	975
government entity except for the purpose of an adjudication by a	976
court or licensing or registration board or officer to which the	977
person to whom the information relates is a party.	978

(2) If an investigation requires a review of patient	979
records, the investigation and proceeding shall be conducted in	980
such a manner as to protect patient confidentiality.	981

(3) All adjudications and investigations of the board shall	982
be considered civil actions for the purposes of section 2305.251	983
2305.252 of the Revised Code.	984

(4) Any board activity that involves continued monitoring of	985
an individual as part of or following any disciplinary action	986
taken under this section shall be conducted in a manner that	987
maintains the individual's confidentiality. Information received	988
or maintained by the board with respect to the board's monitoring	989
activities is confidential and not subject to discovery in any	990
civil action.	991

(J) Any action taken by the board under this section	992
resulting in a suspension from practice shall be accompanied by a	993
written statement of the conditions under which the person may be	994
reinstated to practice.	995

(K) When the board refuses to grant a license or certificate	996
to an applicant, revokes a license or certificate, or refuses to	997
reinstate a license or certificate, the board may specify that its	998
action is permanent. An individual subject to permanent action	999
taken by the board is forever ineligible to hold a license or	1000
certificate of the type that was refused or revoked and the board	1001
shall not accept from the individual an application for	1002
reinstatement of the license or certificate or for a new license	1003
or certificate.	1004

(L) No unilateral surrender of a nursing license,	1005
certificate of authority, or dialysis technician certificate	1006
issued under this chapter shall be effective unless accepted by	1007
majority vote of the board. No application for a nursing license,	1008
certificate of authority, or dialysis technician certificate	1009
issued under this chapter may be withdrawn without a majority vote	1010
of the board. The board's jurisdiction to take disciplinary	1011
action under this section is not removed or limited when an	1012
individual has a license or certificate classified as inactive or	1013
fails to renew a license or certificate.	1014

(M) Sanctions shall not be imposed under division (B)(24) of	1015
this section against any licensee who waives deductibles and	1016
copayments as follows:	1017

(1) In compliance with the health benefit plan that	1018
expressly allows such a practice. Waiver of the deductibles or	1019
copayments shall be made only with the full knowledge and consent	1020
of the plan purchaser, payer, and third-party administrator.	1021
Documentation of the consent shall be made available to the board	1022
upon request.	1023

(2) For professional services rendered to any other person	1024
licensed pursuant to this chapter to the extent allowed by this	1025
chapter and the rules of the board.	1026

(N)(1) Any person who enters a prelicensure nursing	1027
education program on or after June 1, 2003, and who subsequently	1028
applies under division (A) of section 4723.09 of the Revised Code	1029
for licensure to practice as a registered nurse or as a licensed	1030
practical nurse and any person who applies under division (B) of	1031
that section for license by endorsement to practice nursing as a	1032
registered nurse or as a licensed practical nurse shall submit a	1033
request to the bureau of criminal identification and investigation	1034
for the bureau to conduct a criminal records check of the	1035
applicant and to send the results to the board, in accordance with	1036
section 4723.09 of the Revised Code.	1037

The board shall refuse to grant a license to practice nursing	1038
as a registered nurse or as a licensed practical nurse under	1039
section 4723.09 of the Revised Code to a person who entered a	1040
prelicensure nursing education program on or after June 1, 2003,	1041
and applied under division (A) of section 4723.09 of the Revised	1042
Code for the license or a person who applied under division (B) of	1043
that section for the license, if the criminal records check	1044
performed in accordance with division (C) of that section	1045
indicates that the person has pleaded guilty to, been convicted	1046
of, or has had a judicial finding of guilt for violating section	1047
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	1048
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	1049
substantially similar law of another state, the United States, or	1050
another country.	1051

(2) Any person who enters a dialysis training program on or	1052
after June 1, 2003, and who subsequently applies for a certificate	1053
to practice as a dialysis technician shall submit a request to the	1054
bureau of criminal identification and investigation for the bureau	1055
to conduct a criminal records check of the applicant and to send	1056
the results to the board, in accordance with section 4723.75 of	1057
the Revised Code.	1058

The board shall refuse to issue a certificate to practice as	1059
a dialysis technician under section 4723.75 of the Revised Code to	1060
a person who entered a dialysis training program on or after June	1061
1, 2003, and whose criminal records check performed in accordance	1062
with division (C) of that section indicates that the person has	1063
pleaded guilty to, been convicted of, or has had a judicial	1064
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	1065
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	1066
2911.11 of the Revised Code or a substantially similar law of	1067
another state, the United States, or another country.	1068

Sec. 4730.26.  (A) The state medical board shall investigate	1069
evidence that appears to show that any person has violated this	1070
chapter or a rule adopted under it. Any person may report to the	1071
board in a signed writing any information the person has that	1072
appears to show a violation of any provision of this chapter or	1073
rule adopted under it. In the absence of bad faith, a person who	1074
reports such information or testifies before the board in an	1075
adjudication conducted under Chapter 119. of the Revised Code	1076
shall not be liable for civil damages as a result of reporting the	1077
information or providing testimony. Each complaint or allegation	1078
of a violation received by the board shall be assigned a case	1079
number and be recorded by the board.	1080

(B) Investigations of alleged violations of this chapter or	1081
rules adopted under it shall be supervised by the supervising	1082
member elected by the board in accordance with section 4731.02 of	1083
the Revised Code and by the secretary as provided in section	1084
4730.33 of the Revised Code. The president may designate another	1085
member of the board to supervise the investigation in place of the	1086
supervising member. A member of the board who supervises the	1087
investigation of a case shall not participate in further	1088
adjudication of the case.	1089

(C) In investigating a possible violation of this chapter or	1090
a rule adopted under it, the board may administer oaths, order the	1091
taking of depositions, issue subpoenas, and compel the attendance	1092
of witnesses and production of books, accounts, papers, records,	1093
documents, and testimony, except that a subpoena for patient	1094
record information shall not be issued without consultation with	1095
the attorney general's office and approval of the secretary and	1096
supervising member of the board. Before issuance of a subpoena	1097
for patient record information, the secretary and supervising	1098
member shall determine whether there is probable cause to believe	1099
that the complaint filed alleges a violation of this chapter or a	1100
rule adopted under it and that the records sought are relevant to	1101
the alleged violation and material to the investigation. The	1102
subpoena may apply only to records that cover a reasonable period	1103
of time surrounding the alleged violation.	1104

On failure to comply with any subpoena issued by the board	1105
and after reasonable notice to the person being subpoenaed, the	1106
board may move for an order compelling the production of persons	1107
or records pursuant to the Rules of Civil Procedure.	1108

A subpoena issued by the board may be served by a sheriff,	1109
the sheriff's deputy, or a board employee designated by the board.	1110
Service of a subpoena issued by the board may be made by	1111
delivering a copy of the subpoena to the person named therein,	1112
reading it to the person, or leaving it at the person's usual	1113
place of residence. When the person being served is a physician	1114
assistant, service of the subpoena may be made by certified mail,	1115
restricted delivery, return receipt requested, and the subpoena	1116
shall be deemed served on the date delivery is made or the date	1117
the person refuses to accept delivery.	1118

A sheriff's deputy who serves a subpoena shall receive the	1119
same fees as a sheriff. Each witness who appears before the board	1120
in obedience to a subpoena shall receive the fees and mileage	1121
provided for witnesses in civil cases in the courts of common	1122
pleas.	1123

(D) All hearings and investigations of the board shall be	1124
considered civil actions for the purposes of section 2305.251	1125
2305.252 of the Revised Code.	1126

(E) Information received by the board pursuant to an	1127
investigation is confidential and not subject to discovery in any	1128
civil action.	1129

The board shall conduct all investigations and proceedings in	1130
a manner that protects the confidentiality of patients and persons	1131
who file complaints with the board. The board shall not make	1132
public the names or any other identifying information about	1133
patients or complainants unless proper consent is given or, in the	1134
case of a patient, a waiver of the patient privilege exists under	1135
division (B) of section 2317.02 of the Revised Code, except that	1136
consent or a waiver is not required if the board possesses	1137
reliable and substantial evidence that no bona fide	1138
physician-patient relationship exists.	1139

The board may share any information it receives pursuant to	1140
an investigation, including patient records and patient record	1141
information, with law enforcement agencies, other licensing	1142
boards, and other governmental agencies that are prosecuting,	1143
adjudicating, or investigating alleged violations of statutes or	1144
administrative rules. An agency or board that receives the	1145
information shall comply with the same requirements regarding	1146
confidentiality as those with which the state medical board must	1147
comply, notwithstanding any conflicting provision of the Revised	1148
Code or procedure of the agency or board that applies when it is	1149
dealing with other information in its possession. In a judicial	1150
proceeding, the information may be admitted into evidence only in	1151
accordance with the Rules of Evidence, but the court shall require	1152
that appropriate measures are taken to ensure that confidentiality	1153
is maintained with respect to any part of the information that	1154
contains names or other identifying information about patients or	1155
complainants whose confidentiality was protected by the state	1156
medical board when the information was in the board's possession.	1157
Measures to ensure confidentiality that may be taken by the court	1158
include sealing its records or deleting specific information from	1159
its records.	1160

(F) The state medical board shall develop requirements for	1161
and provide appropriate initial and continuing training for	1162
investigators employed by the board to carry out its duties under	1163
this chapter. The training and continuing education may include	1164
enrollment in courses operated or approved by the Ohio peace	1165
officer training council that the board considers appropriate	1166
under conditions set forth in section 109.79 of the Revised Code.	1167

(G) On a quarterly basis, the board shall prepare a report	1168
that documents the disposition of all cases during the preceding	1169
three months. The report shall contain the following information	1170
for each case with which the board has completed its activities:	1171

(1) The case number assigned to the complaint or alleged	1172
violation;	1173

(2) The type of certificate to practice, if any, held by the	1174
individual against whom the complaint is directed;	1175

(3) A description of the allegations contained in the	1176
complaint;	1177

(4) The disposition of the case.

1178

The report shall state how many cases are still pending, and	1179
shall be prepared in a manner that protects the identity of each	1180
person involved in each case. The report shall be submitted to	1181
the physician assistant policy committee of the board and is a	1182
public record for purposes of section 149.43 of the Revised Code.	1183

Sec. 4731.22.  (A) The state medical board, by an	1184
affirmative vote of not fewer than six of its members, may revoke	1185
or may refuse to grant a certificate to a person found by the	1186
board to have committed fraud during the administration of the	1187
examination for a certificate to practice or to have committed	1188
fraud, misrepresentation, or deception in applying for or securing	1189
any certificate to practice or certificate of registration issued	1190
by the board.	1191

(B) The board, by an affirmative vote of not fewer than six	1192
members, shall, to the extent permitted by law, limit, revoke, or	1193
suspend an individual's certificate to practice, refuse to	1194
register an individual, refuse to reinstate a certificate, or	1195
reprimand or place on probation the holder of a certificate for	1196
one or more of the following reasons:	1197

(1) Permitting one's name or one's certificate to practice	1198
or certificate of registration to be used by a person, group, or	1199
corporation when the individual concerned is not actually	1200
directing the treatment given;	1201

(2) Failure to maintain minimal standards applicable to the	1202
selection or administration of drugs, or failure to employ	1203
acceptable scientific methods in the selection of drugs or other	1204
modalities for treatment of disease;	1205

(3) Selling, giving away, personally furnishing,	1206
prescribing, or administering drugs for other than legal and	1207
legitimate therapeutic purposes or a plea of guilty to, a judicial	1208
finding of guilt of, or a judicial finding of eligibility for	1209
intervention in lieu of conviction of, a violation of any federal	1210
or state law regulating the possession, distribution, or use of	1211
any drug;	1212

(4) Willfully betraying a professional confidence.

1213

For purposes of this division, "willfully betraying a	1214
professional confidence" does not include providing any	1215
information, documents, or reports to a child fatality review	1216
board under sections 307.621 to 307.629 of the Revised Code and	1217
does not include the making of a report of an employee's use of a	1218
drug of abuse, or a report of a condition of an employee other	1219
than one involving the use of a drug of abuse, to the employer of	1220
the employee as described in division (B) of section 2305.33 of	1221
the Revised Code. Nothing in this division affects the immunity	1222
from civil liability conferred by that section upon a physician	1223
who makes either type of report in accordance with division (B) of	1224
that section. As used in this division, "employee," "employer,"	1225
and "physician" have the same meanings as in section 2305.33 of	1226
the Revised Code.	1227

(5) Making a false, fraudulent, deceptive, or misleading	1228
statement in the solicitation of or advertising for patients; in	1229
relation to the practice of medicine and surgery, osteopathic	1230
medicine and surgery, podiatric medicine and surgery, or a	1231
limited branch of medicine; or in securing or attempting to secure	1232
any certificate to practice or certificate of registration issued	1233
by the board.	1234

As used in this division, "false, fraudulent, deceptive, or	1235
misleading statement" means a statement that includes a	1236
misrepresentation of fact, is likely to mislead or deceive because	1237
of a failure to disclose material facts, is intended or is likely	1238
to create false or unjustified expectations of favorable results,	1239
or includes representations or implications that in reasonable	1240
probability will cause an ordinarily prudent person to	1241
misunderstand or be deceived.	1242

(6) A departure from, or the failure to conform to, minimal	1243
standards of care of similar practitioners under the same or	1244
similar circumstances, whether or not actual injury to a patient	1245
is established;	1246

(7) Representing, with the purpose of obtaining compensation	1247
or other advantage as personal gain or for any other person, that	1248
an incurable disease or injury, or other incurable condition, can	1249
be permanently cured;	1250

(8) The obtaining of, or attempting to obtain, money or	1251
anything of value by fraudulent misrepresentations in the course	1252
of practice;	1253

(9) A plea of guilty to, a judicial finding of guilt of, or	1254
a judicial finding of eligibility for intervention in lieu of	1255
conviction for, a felony;	1256

(10) Commission of an act that constitutes a felony in this	1257
state, regardless of the jurisdiction in which the act was	1258
committed;	1259

(11) A plea of guilty to, a judicial finding of guilt of, or	1260
a judicial finding of eligibility for intervention in lieu of	1261
conviction for, a misdemeanor committed in the course of practice;	1262

(12) Commission of an act in the course of practice that	1263
constitutes a misdemeanor in this state, regardless of the	1264
jurisdiction in which the act was committed;	1265

(13) A plea of guilty to, a judicial finding of guilt of, or	1266
a judicial finding of eligibility for intervention in lieu of	1267
conviction for, a misdemeanor involving moral turpitude;	1268

(14) Commission of an act involving moral turpitude that	1269
constitutes a misdemeanor in this state, regardless of the	1270
jurisdiction in which the act was committed;	1271

(15) Violation of the conditions of limitation placed by the	1272
board upon a certificate to practice;	1273

(16) Failure to pay license renewal fees specified in this	1274
chapter;	1275

(17) Except as authorized in section 4731.31 of the Revised	1276
Code, engaging in the division of fees for referral of patients,	1277
or the receiving of a thing of value in return for a specific	1278
referral of a patient to utilize a particular service or business;	1279

(18) Subject to section 4731.226 of the Revised Code,	1280
violation of any provision of a code of ethics of the American	1281
medical association, the American osteopathic association, the	1282
American podiatric medical association, or any other national	1283
professional organizations that the board specifies by rule. The	1284
state medical board shall obtain and keep on file current copies	1285
of the codes of ethics of the various national professional	1286
organizations. The individual whose certificate is being	1287
suspended or revoked shall not be found to have violated any	1288
provision of a code of ethics of an organization not appropriate	1289
to the individual's profession.	1290

For purposes of this division, a "provision of a code of	1291
ethics of a national professional organization" does not include	1292
any provision that would preclude the making of a report by a	1293
physician of an employee's use of a drug of abuse, or of a	1294
condition of an employee other than one involving the use of a	1295
drug of abuse, to the employer of the employee as described in	1296
division (B) of section 2305.33 of the Revised Code. Nothing in	1297
this division affects the immunity from civil liability conferred	1298
by that section upon a physician who makes either type of report	1299
in accordance with division (B) of that section. As used in this	1300
division, "employee," "employer," and "physician" have the same	1301
meanings as in section 2305.33 of the Revised Code.	1302

(19) Inability to practice according to acceptable and	1303
prevailing standards of care by reason of mental illness or	1304
physical illness, including, but not limited to, physical	1305
deterioration that adversely affects cognitive, motor, or	1306
perceptive skills.	1307

In enforcing this division, the board, upon a showing of a	1308
possible violation, may compel any individual authorized to	1309
practice by this chapter or who has submitted an application	1310
pursuant to this chapter to submit to a mental examination,	1311
physical examination, including an HIV test, or both a mental and	1312
a physical examination. The expense of the examination is the	1313
responsibility of the individual compelled to be examined. Failure	1314
to submit to a mental or physical examination or consent to an HIV	1315
test ordered by the board constitutes an admission of the	1316
allegations against the individual unless the failure is due to	1317
circumstances beyond the individual's control, and a default and	1318
final order may be entered without the taking of testimony or	1319
presentation of evidence. If the board finds an individual unable	1320
to practice because of the reasons set forth in this division, the	1321
board shall require the individual to submit to care, counseling,	1322
or treatment by physicians approved or designated by the board, as	1323
a condition for initial, continued, reinstated, or renewed	1324
authority to practice. An individual affected under this division	1325
shall be afforded an opportunity to demonstrate to the board the	1326
ability to resume practice in compliance with acceptable and	1327
prevailing standards under the provisions of the individual's	1328
certificate. For the purpose of this division, any individual who	1329
applies for or receives a certificate to practice under this	1330
chapter accepts the privilege of practicing in this state and, by	1331
so doing, shall be deemed to have given consent to submit to a	1332
mental or physical examination when directed to do so in writing	1333
by the board, and to have waived all objections to the	1334
admissibility of testimony or examination reports that constitute	1335
a privileged communication.	1336

(20) Except when civil penalties are imposed under section	1337
4731.225 or 4731.281 of the Revised Code, and subject to section	1338
4731.226 of the Revised Code, violating or attempting to violate,	1339
directly or indirectly, or assisting in or abetting the violation	1340
of, or conspiring to violate, any provisions of this chapter or	1341
any rule promulgated by the board.	1342

This division does not apply to a violation or attempted	1343
violation of, assisting in or abetting the violation of, or a	1344
conspiracy to violate, any provision of this chapter or any rule	1345
adopted by the board that would preclude the making of a report by	1346
a physician of an employee's use of a drug of abuse, or of a	1347
condition of an employee other than one involving the use of a	1348
drug of abuse, to the employer of the employee as described in	1349
division (B) of section 2305.33 of the Revised Code. Nothing in	1350
this division affects the immunity from civil liability conferred	1351
by that section upon a physician who makes either type of report	1352
in accordance with division (B) of that section. As used in this	1353
division, "employee," "employer," and "physician" have the same	1354
meanings as in section 2305.33 of the Revised Code.	1355

(21) The violation of any abortion rule adopted by the	1356
public health council pursuant to section 3701.341 of the Revised	1357
Code;	1358

(22) Any of the following actions taken by the agency	1359
responsible for regulating the practice of medicine and surgery,	1360
osteopathic medicine and surgery, podiatric medicine and surgery,	1361
or the limited branches of medicine in another jurisdiction, for	1362
any reason other than the nonpayment of fees: the limitation,	1363
revocation, or suspension of an individual's license to practice;	1364
acceptance of an individual's license surrender; denial of a	1365
license; refusal to renew or reinstate a license; imposition of	1366
probation; or issuance of an order of censure or other reprimand;	1367

(23) The violation of section 2919.12 of the Revised Code or	1368
the performance or inducement of an abortion upon a pregnant woman	1369
with actual knowledge that the conditions specified in division	1370
(B) of section 2317.56 of the Revised Code have not been satisfied	1371
or with a heedless indifference as to whether those conditions	1372
have been satisfied, unless an affirmative defense as specified in	1373
division (H)(2) of that section would apply in a civil action	1374
authorized by division (H)(1) of that section;	1375

(24) The revocation, suspension, restriction, reduction, or	1376
termination of clinical privileges by the United States department	1377
of defense or department of veterans affairs or the termination or	1378
suspension of a certificate of registration to prescribe drugs by	1379
the drug enforcement administration of the United States	1380
department of justice;	1381

(25) Termination or suspension from participation in the	1382
medicare or medicaid programs by the department of health and	1383
human services or other responsible agency for any act or acts	1384
that also would constitute a violation of division (B)(2), (3),	1385
(6), (8), or (19) of this section;	1386

(26) Impairment of ability to practice according to	1387
acceptable and prevailing standards of care because of habitual or	1388
excessive use or abuse of drugs, alcohol, or other substances that	1389
impair ability to practice.	1390

For the purposes of this division, any individual authorized	1391
to practice by this chapter accepts the privilege of practicing in	1392
this state subject to supervision by the board. By filing an	1393
application for or holding a certificate to practice under this	1394
chapter, an individual shall be deemed to have given consent to	1395
submit to a mental or physical examination when ordered to do so	1396
by the board in writing, and to have waived all objections to the	1397
admissibility of testimony or examination reports that constitute	1398
privileged communications.	1399

If it has reason to believe that any individual authorized to	1400
practice by this chapter or any applicant for certification to	1401
practice suffers such impairment, the board may compel the	1402
individual to submit to a mental or physical examination, or both.	1403
The expense of the examination is the responsibility of the	1404
individual compelled to be examined. Any mental or physical	1405
examination required under this division shall be undertaken by a	1406
treatment provider or physician who is qualified to conduct the	1407
examination and who is chosen by the board.	1408

Failure to submit to a mental or physical examination ordered	1409
by the board constitutes an admission of the allegations against	1410
the individual unless the failure is due to circumstances beyond	1411
the individual's control, and a default and final order may be	1412
entered without the taking of testimony or presentation of	1413
evidence. If the board determines that the individual's ability	1414
to practice is impaired, the board shall suspend the individual's	1415
certificate or deny the individual's application and shall require	1416
the individual, as a condition for initial, continued, reinstated,	1417
or renewed certification to practice, to submit to treatment.	1418

Before being eligible to apply for reinstatement of a	1419
certificate suspended under this division, the impaired	1420
practitioner shall demonstrate to the board the ability to resume	1421
practice in compliance with acceptable and prevailing standards of	1422
care under the provisions of the practitioner's certificate. The	1423
demonstration shall include, but shall not be limited to, the	1424
following:	1425

(a) Certification from a treatment provider approved under	1426
section 4731.25 of the Revised Code that the individual has	1427
successfully completed any required inpatient treatment;	1428

(b) Evidence of continuing full compliance with an aftercare	1429
contract or consent agreement;	1430

(c) Two written reports indicating that the individual's	1431
ability to practice has been assessed and that the individual has	1432
been found capable of practicing according to acceptable and	1433
prevailing standards of care. The reports shall be made by	1434
individuals or providers approved by the board for making the	1435
assessments and shall describe the basis for their determination.	1436

The board may reinstate a certificate suspended under this	1437
division after that demonstration and after the individual has	1438
entered into a written consent agreement.	1439

When the impaired practitioner resumes practice, the board	1440
shall require continued monitoring of the individual. The	1441
monitoring shall include, but not be limited to, compliance with	1442
the written consent agreement entered into before reinstatement or	1443
with conditions imposed by board order after a hearing, and, upon	1444
termination of the consent agreement, submission to the board for	1445
at least two years of annual written progress reports made under	1446
penalty of perjury stating whether the individual has maintained	1447
sobriety.	1448

(27) A second or subsequent violation of section 4731.66 or	1449
4731.69 of the Revised Code;	1450

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

1451

(a) Waiving the payment of all or any part of a deductible	1452
or copayment that a patient, pursuant to a health insurance or	1453
health care policy, contract, or plan that covers the individual's	1454
services, otherwise would be required to pay if the waiver is used	1455
as an enticement to a patient or group of patients to receive	1456
health care services from that individual;	1457

(b) Advertising that the individual will waive the payment	1458
of all or any part of a deductible or copayment that a patient,	1459
pursuant to a health insurance or health care policy, contract, or	1460
plan that covers the individual's services, otherwise would be	1461
required to pay.	1462

(29) Failure to use universal blood and body fluid	1463
precautions established by rules adopted under section 4731.051 of	1464
the Revised Code;	1465

(30) Failure of a collaborating physician to fulfill the	1466
responsibilities agreed to by the physician and an advanced	1467
practice nurse participating in a pilot program under section	1468
4723.52 of the Revised Code;	1469

(31) Failure to provide notice to, and receive	1470
acknowledgment of the notice from, a patient when required by	1471
section 4731.143 of the Revised Code prior to providing	1472
nonemergency professional services, or failure to maintain that	1473
notice in the patient's file;	1474

(32) Failure of a physician supervising a physician	1475
assistant to maintain supervision in accordance with the	1476
requirements of Chapter 4730. of the Revised Code and the rules	1477
adopted under that chapter;	1478

(33) Failure of a physician or podiatrist to enter into a	1479
standard care arrangement with a clinical nurse specialist,	1480
certified nurse-midwife, or certified nurse practitioner with whom	1481
the physician or podiatrist is in collaboration pursuant to	1482
section 4731.27 of the Revised Code or failure to fulfill the	1483
responsibilities of collaboration after entering into a standard	1484
care arrangement;	1485

(34) Failure to comply with the terms of a consult agreement	1486
entered into with a pharmacist pursuant to section 4729.39 of the	1487
Revised Code;	1488

(35) Failure to cooperate in an investigation conducted by	1489
the board under division (F) of this section, including failure to	1490
comply with a subpoena or order issued by the board or failure to	1491
answer truthfully a question presented by the board at a	1492
deposition or in written interrogatories, except that failure to	1493
cooperate with an investigation shall not constitute grounds for	1494
discipline under this section if a court of competent jurisdiction	1495
has issued an order that either quashes a subpoena or permits the	1496
individual to withhold the testimony or evidence in issue;	1497

(36) Failure to supervise an acupuncturist in accordance	1498
with Chapter 4762. of the Revised Code and the board's rules for	1499
supervision of an acupuncturist;	1500

(37) Failure to supervise an anesthesiologist assistant in	1501
accordance with Chapter 4760. of the Revised Code and the board's	1502
rules for supervision of an anesthesiologist assistant.	1503

(C) Disciplinary actions taken by the board under divisions	1504
(A) and (B) of this section shall be taken pursuant to an	1505
adjudication under Chapter 119. of the Revised Code, except that	1506
in lieu of an adjudication, the board may enter into a consent	1507
agreement with an individual to resolve an allegation of a	1508
violation of this chapter or any rule adopted under it. A consent	1509
agreement, when ratified by an affirmative vote of not fewer than	1510
six members of the board, shall constitute the findings and order	1511
of the board with respect to the matter addressed in the	1512
agreement. If the board refuses to ratify a consent agreement,	1513
the admissions and findings contained in the consent agreement	1514
shall be of no force or effect.	1515

(D) For purposes of divisions (B)(10), (12), and (14) of	1516
this section, the commission of the act may be established by a	1517
finding by the board, pursuant to an adjudication under Chapter	1518
119. of the Revised Code, that the individual committed the act.	1519
The board does not have jurisdiction under those divisions if the	1520
trial court renders a final judgment in the individual's favor and	1521
that judgment is based upon an adjudication on the merits. The	1522
board has jurisdiction under those divisions if the trial court	1523
issues an order of dismissal upon technical or procedural grounds.	1524

(E) The sealing of conviction records by any court shall	1525
have no effect upon a prior board order entered under this section	1526
or upon the board's jurisdiction to take action under this section	1527
if, based upon a plea of guilty, a judicial finding of guilt, or a	1528
judicial finding of eligibility for intervention in lieu of	1529
conviction, the board issued a notice of opportunity for a hearing	1530
prior to the court's order to seal the records. The board shall	1531
not be required to seal, destroy, redact, or otherwise modify its	1532
records to reflect the court's sealing of conviction records.	1533

(F)(1) The board shall investigate evidence that appears to	1534
show that a person has violated any provision of this chapter or	1535
any rule adopted under it. Any person may report to the board in	1536
a signed writing any information that the person may have that	1537
appears to show a violation of any provision of this chapter or	1538
any rule adopted under it. In the absence of bad faith, any	1539
person who reports information of that nature or who testifies	1540
before the board in any adjudication conducted under Chapter 119.	1541
of the Revised Code shall not be liable in damages in a civil	1542
action as a result of the report or testimony. Each complaint or	1543
allegation of a violation received by the board shall be assigned	1544
a case number and shall be recorded by the board.	1545

(2) Investigations of alleged violations of this chapter or	1546
any rule adopted under it shall be supervised by the supervising	1547
member elected by the board in accordance with section 4731.02 of	1548
the Revised Code and by the secretary as provided in section	1549
4731.39 of the Revised Code. The president may designate another	1550
member of the board to supervise the investigation in place of the	1551
supervising member. No member of the board who supervises the	1552
investigation of a case shall participate in further adjudication	1553
of the case.	1554

(3) In investigating a possible violation of this chapter or	1555
any rule adopted under this chapter, the board may administer	1556
oaths, order the taking of depositions, issue subpoenas, and	1557
compel the attendance of witnesses and production of books,	1558
accounts, papers, records, documents, and testimony, except that a	1559
subpoena for patient record information shall not be issued	1560
without consultation with the attorney general's office and	1561
approval of the secretary and supervising member of the board.	1562
Before issuance of a subpoena for patient record information, the	1563
secretary and supervising member shall determine whether there is	1564
probable cause to believe that the complaint filed alleges a	1565
violation of this chapter or any rule adopted under it and that	1566
the records sought are relevant to the alleged violation and	1567
material to the investigation. The subpoena may apply only to	1568
records that cover a reasonable period of time surrounding the	1569
alleged violation.	1570

On failure to comply with any subpoena issued by the board	1571
and after reasonable notice to the person being subpoenaed, the	1572
board may move for an order compelling the production of persons	1573
or records pursuant to the Rules of Civil Procedure.	1574

A subpoena issued by the board may be served by a sheriff,	1575
the sheriff's deputy, or a board employee designated by the board.	1576
Service of a subpoena issued by the board may be made by	1577
delivering a copy of the subpoena to the person named therein,	1578
reading it to the person, or leaving it at the person's usual	1579
place of residence. When the person being served is a person	1580
whose practice is authorized by this chapter, service of the	1581
subpoena may be made by certified mail, restricted delivery,	1582
return receipt requested, and the subpoena shall be deemed served	1583
on the date delivery is made or the date the person refuses to	1584
accept delivery.	1585

A sheriff's deputy who serves a subpoena shall receive the	1586
same fees as a sheriff. Each witness who appears before the board	1587
in obedience to a subpoena shall receive the fees and mileage	1588
provided for witnesses in civil cases in the courts of common	1589
pleas.	1590

(4) All hearings and investigations of the board shall be	1591
considered civil actions for the purposes of section 2305.251	1592
2305.252 of the Revised Code.	1593

(5) Information received by the board pursuant to an	1594
investigation is confidential and not subject to discovery in any	1595
civil action.	1596

The board shall conduct all investigations and proceedings in	1597
a manner that protects the confidentiality of patients and persons	1598
who file complaints with the board. The board shall not make	1599
public the names or any other identifying information about	1600
patients or complainants unless proper consent is given or, in the	1601
case of a patient, a waiver of the patient privilege exists under	1602
division (B) of section 2317.02 of the Revised Code, except that	1603
consent or a waiver of that nature is not required if the board	1604
possesses reliable and substantial evidence that no bona fide	1605
physician-patient relationship exists.	1606

The board may share any information it receives pursuant to	1607
an investigation, including patient records and patient record	1608
information, with law enforcement agencies, other licensing	1609
boards, and other governmental agencies that are prosecuting,	1610
adjudicating, or investigating alleged violations of statutes or	1611
administrative rules. An agency or board that receives the	1612
information shall comply with the same requirements regarding	1613
confidentiality as those with which the state medical board must	1614
comply, notwithstanding any conflicting provision of the Revised	1615
Code or procedure of the agency or board that applies when it is	1616
dealing with other information in its possession. In a judicial	1617
proceeding, the information may be admitted into evidence only in	1618
accordance with the Rules of Evidence, but the court shall require	1619
that appropriate measures are taken to ensure that confidentiality	1620
is maintained with respect to any part of the information that	1621
contains names or other identifying information about patients or	1622
complainants whose confidentiality was protected by the state	1623
medical board when the information was in the board's possession.	1624
Measures to ensure confidentiality that may be taken by the court	1625
include sealing its records or deleting specific information from	1626
its records.	1627

(6) On a quarterly basis, the board shall prepare a report	1628
that documents the disposition of all cases during the preceding	1629
three months. The report shall contain the following information	1630
for each case with which the board has completed its activities:	1631

(a) The case number assigned to the complaint or alleged	1632
violation;	1633

(b) The type of certificate to practice, if any, held by the	1634
individual against whom the complaint is directed;	1635

(c) A description of the allegations contained in the	1636
complaint;	1637

(d) The disposition of the case.

1638

The report shall state how many cases are still pending and	1639
shall be prepared in a manner that protects the identity of each	1640
person involved in each case. The report shall be a public record	1641
under section 149.43 of the Revised Code.	1642

(G) If the secretary and supervising member determine that	1643
there is clear and convincing evidence that an individual has	1644
violated division (B) of this section and that the individual's	1645
continued practice presents a danger of immediate and serious harm	1646
to the public, they may recommend that the board suspend the	1647
individual's certificate to practice without a prior hearing.	1648
Written allegations shall be prepared for consideration by the	1649
board.	1650

The board, upon review of those allegations and by an	1651
affirmative vote of not fewer than six of its members, excluding	1652
the secretary and supervising member, may suspend a certificate	1653
without a prior hearing. A telephone conference call may be	1654
utilized for reviewing the allegations and taking the vote on the	1655
summary suspension.	1656

The board shall issue a written order of suspension by	1657
certified mail or in person in accordance with section 119.07 of	1658
the Revised Code. The order shall not be subject to suspension by	1659
the court during pendency of any appeal filed under section 119.12	1660
of the Revised Code. If the individual subject to the summary	1661
suspension requests an adjudicatory hearing by the board, the date	1662
set for the hearing shall be within fifteen days, but not earlier	1663
than seven days, after the individual requests the hearing, unless	1664
otherwise agreed to by both the board and the individual.	1665

Any summary suspension imposed under this division shall	1666
remain in effect, unless reversed on appeal, until a final	1667
adjudicative order issued by the board pursuant to this section	1668
and Chapter 119. of the Revised Code becomes effective. The board	1669
shall issue its final adjudicative order within sixty days after	1670
completion of its hearing. A failure to issue the order within	1671
sixty days shall result in dissolution of the summary suspension	1672
order but shall not invalidate any subsequent, final adjudicative	1673
order.	1674

(H) If the board takes action under division (B)(9), (11),	1675
or (13) of this section and the judicial finding of guilt, guilty	1676
plea, or judicial finding of eligibility for intervention in lieu	1677
of conviction is overturned on appeal, upon exhaustion of the	1678
criminal appeal, a petition for reconsideration of the order may	1679
be filed with the board along with appropriate court documents.	1680
Upon receipt of a petition of that nature and supporting court	1681
documents, the board shall reinstate the individual's certificate	1682
to practice. The board may then hold an adjudication under	1683
Chapter 119. of the Revised Code to determine whether the	1684
individual committed the act in question. Notice of an	1685
opportunity for a hearing shall be given in accordance with	1686
Chapter 119. of the Revised Code. If the board finds, pursuant to	1687
an adjudication held under this division, that the individual	1688
committed the act or if no hearing is requested, the board may	1689
order any of the sanctions identified under division (B) of this	1690
section.	1691

(I) The certificate to practice issued to an individual	1692
under this chapter and the individual's practice in this state are	1693
automatically suspended as of the date the individual pleads	1694
guilty to, is found by a judge or jury to be guilty of, or is	1695
subject to a judicial finding of eligibility for intervention in	1696
lieu of conviction in this state or treatment or intervention in	1697
lieu of conviction in another jurisdiction for any of the	1698
following criminal offenses in this state or a substantially	1699
equivalent criminal offense in another jurisdiction: aggravated	1700
murder, murder, voluntary manslaughter, felonious assault,	1701
kidnapping, rape, sexual battery, gross sexual imposition,	1702
aggravated arson, aggravated robbery, or aggravated burglary.	1703
Continued practice after suspension shall be considered practicing	1704
without a certificate.	1705

The board shall notify the individual subject to the	1706
suspension by certified mail or in person in accordance with	1707
section 119.07 of the Revised Code. If an individual whose	1708
certificate is suspended under this division fails to make a	1709
timely request for an adjudication under Chapter 119. of the	1710
Revised Code, the board shall enter a final order permanently	1711
revoking the individual's certificate to practice.	1712

(J) If the board is required by Chapter 119. of the Revised	1713
Code to give notice of an opportunity for a hearing and if the	1714
individual subject to the notice does not timely request a hearing	1715
in accordance with section 119.07 of the Revised Code, the board	1716
is not required to hold a hearing, but may adopt, by an	1717
affirmative vote of not fewer than six of its members, a final	1718
order that contains the board's findings. In that final order,	1719
the board may order any of the sanctions identified under division	1720
(A) or (B) of this section.	1721

(K) Any action taken by the board under division (B) of this	1722
section resulting in a suspension from practice shall be	1723
accompanied by a written statement of the conditions under which	1724
the individual's certificate to practice may be reinstated. The	1725
board shall adopt rules governing conditions to be imposed for	1726
reinstatement. Reinstatement of a certificate suspended pursuant	1727
to division (B) of this section requires an affirmative vote of	1728
not fewer than six members of the board.	1729

(L) When the board refuses to grant a certificate to an	1730
applicant, revokes an individual's certificate to practice,	1731
refuses to register an applicant, or refuses to reinstate an	1732
individual's certificate to practice, the board may specify that	1733
its action is permanent. An individual subject to a permanent	1734
action taken by the board is forever thereafter ineligible to hold	1735
a certificate to practice and the board shall not accept an	1736
application for reinstatement of the certificate or for issuance	1737
of a new certificate.	1738

(M) Notwithstanding any other provision of the Revised Code,	1739
all of the following apply:	1740

(1) The surrender of a certificate issued under this chapter	1741
shall not be effective unless or until accepted by the board.	1742
Reinstatement of a certificate surrendered to the board requires	1743
an affirmative vote of not fewer than six members of the board.	1744

(2) An application for a certificate made under the	1745
provisions of this chapter may not be withdrawn without approval	1746
of the board.	1747

(3) Failure by an individual to renew a certificate of	1748
registration in accordance with this chapter shall not remove or	1749
limit the board's jurisdiction to take any disciplinary action	1750
under this section against the individual.	1751

(N) Sanctions shall not be imposed under division (B)(28) of	1752
this section against any person who waives deductibles and	1753
copayments as follows:	1754

(1) In compliance with the health benefit plan that	1755
expressly allows such a practice. Waiver of the deductibles or	1756
copayments shall be made only with the full knowledge and consent	1757
of the plan purchaser, payer, and third-party administrator.	1758
Documentation of the consent shall be made available to the board	1759
upon request.	1760

(2) For professional services rendered to any other person	1761
authorized to practice pursuant to this chapter, to the extent	1762
allowed by this chapter and rules adopted by the board.	1763

(O) Under the board's investigative duties described in this	1764
section and subject to division (F) of this section, the board	1765
shall develop and implement a quality intervention program	1766
designed to improve through remedial education the clinical and	1767
communication skills of individuals authorized under this chapter	1768
to practice medicine and surgery, osteopathic medicine and	1769
surgery, and podiatric medicine and surgery. In developing and	1770
implementing the quality intervention program, the board may do	1771
all of the following:	1772

(1) Offer in appropriate cases as determined by the board an	1773
educational and assessment program pursuant to an investigation	1774
the board conducts under this section;	1775

(2) Select providers of educational and assessment services,	1776
including a quality intervention program panel of case reviewers;	1777

(3) Make referrals to educational and assessment service	1778
providers and approve individual educational programs recommended	1779
by those providers. The board shall monitor the progress of each	1780
individual undertaking a recommended individual educational	1781
program.	1782

(4) Determine what constitutes successful completion of an	1783
individual educational program and require further monitoring of	1784
the individual who completed the program or other action that the	1785
board determines to be appropriate;	1786

(5) Adopt rules in accordance with Chapter 119. of the	1787
Revised Code to further implement the quality intervention	1788
program.	1789

An individual who participates in an individual educational	1790
program pursuant to this division shall pay the financial	1791
obligations arising from that educational program.	1792

Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the	1793
Revised Code shall not prohibit service in case of emergency,	1794
domestic administration of family remedies, or provision of	1795
assistance to another individual who is self-administering drugs.	1796

Sections 4731.01 to 4731.47 of the Revised Code shall not	1797
apply to any of the following:	1798

(1) A commissioned medical officer of the United States	1799
armed forces, as defined in section 5903.11 of the Revised Code,	1800
or an employee of the veterans administration of the United States	1801
or the United States public health service in the discharge of the	1802
officer's or employee's professional duties;	1803

(2) A dentist authorized under Chapter 4715. of the Revised	1804
Code to practice dentistry when engaged exclusively in the	1805
practice of dentistry or when administering anesthetics in the	1806
practice of dentistry;	1807

(3) A physician or surgeon in another state or territory	1808
who is a legal practitioner of medicine or surgery therein when	1809
providing consultation to an individual holding a certificate to	1810
practice issued under this chapter who is responsible for the	1811
examination, diagnosis, and treatment of the patient who is the	1812
subject of the consultation, if one of the following applies:	1813

(a) The physician or surgeon does not provide consultation	1814
in this state on a regular or frequent basis.	1815

(b) The physician or surgeon provides the consultation	1816
without compensation of any kind, direct or indirect, for the	1817
consultation.	1818

(c) The consultation is part of the curriculum of a medical	1819
school or osteopathic medical school of this state or a program	1820
described in division (A)(2) of section 4731.291 of the Revised	1821
Code.	1822

(4) A physician or surgeon in another state or territory who	1823
is a legal practitioner of medicine or surgery therein and	1824
provided services to a patient in that state or territory, when	1825
providing, not later than one year after the last date services	1826
were provided in another state or territory, follow-up services in	1827
person or through the use of any communication, including oral,	1828
written, or electronic communication, in this state to the patient	1829
for the same condition;	1830

(5) A physician or surgeon residing on the border of a	1831
contiguous state and authorized under the laws thereof to practice	1832
medicine and surgery therein, whose practice extends within the	1833
limits of this state. Such practitioner shall not either in	1834
person or through the use of any communication, including oral,	1835
written, or electronic communication, open an office or appoint a	1836
place to see patients or receive calls within the limits of this	1837
state.	1838

(6) A board, committee, or corporation engaged in the	1839
conduct described in division (A) of section 2305.252305.251 of	1840
the Revised Code when acting within the scope of the functions of	1841
the board, committee, or corporation;	1842

(7) The conduct of an independent review organization	1843
accredited by the superintendent of insurance under section	1844
3901.80 of the Revised Code for the purpose of external reviews	1845
conducted under sections 1751.84, 1751.85, 3923.67, 3923.68,	1846
3923.76, and 3923.77 of the Revised Code.	1847

(B) Sections 4731.51 to 4731.61 of the Revised Code do not	1848
apply to any graduate of a podiatric school or college while	1849
performing those acts that may be prescribed by or incidental to	1850
participation in an accredited podiatric internship, residency, or	1851
fellowship program situated in this state approved by the state	1852
medical board.	1853

(C) This chapter does not apply to an acupuncturist who	1854
complies with Chapter 4762. of the Revised Code.	1855

(D) This chapter does not prohibit the administration of	1856
drugs by any of the following:	1857

(1) An individual who is licensed or otherwise specifically	1858
authorized by the Revised Code to administer drugs;	1859

(2) An individual who is not licensed or otherwise	1860
specifically authorized by the Revised Code to administer drugs,	1861
but is acting pursuant to the rules for delegation of medical	1862
tasks adopted under section 4731.053 of the Revised Code;	1863

(3) An individual specifically authorized to administer	1864
drugs pursuant to a rule adopted under the Revised Code that is in	1865
effect on the effective date of this amendment, as long as the	1866
rule remains in effect, specifically authorizing an individual to	1867
administer drugs.	1868

(E) The exemptions described in divisions (A)(3), (4), and	1869
(5) of this section do not apply to a physician or surgeon whose	1870
certificate to practice issued under this chapter is under	1871
suspension or has been revoked or permanently revoked by action of	1872
the state medical board.	1873

Sec. 4734.45.  (A) The state chiropractic board shall	1874
investigate evidence that appears to show that a person has	1875
violated any provision of this chapter or the rules adopted under	1876
it. Any person may report to the board in writing or by other	1877
means any information the person has that appears to show a	1878
violation of any provision of this chapter or the rules adopted	1879
under it. In the absence of bad faith, a person who reports to	1880
the board, cooperates in an investigation, or testifies before the	1881
board in an adjudication shall not be liable for civil damages as	1882
a result of reporting, cooperating, or providing testimony.	1883

(B) Information received by the board pursuant to an	1884
investigation is confidential and not subject to discovery in any	1885
civil action, except that for good cause, the board or its	1886
executive director may disclose or authorize disclosure of	1887
information gathered pursuant to an investigation.	1888

The board and its employees may share appropriate information	1889
in the board's possession with any federal, state, or local law	1890
enforcement, prosecutorial, or regulatory agency or its officers	1891
or agents engaging in an investigation. The board and its	1892
employees may cooperate in any other manner with the agency or its	1893
officers or agents engaging in an investigation.	1894

An agency that receives confidential information shall comply	1895
with the same requirements regarding confidentiality as those with	1896
which the board must comply, notwithstanding any conflicting	1897
provision of the Revised Code or procedure of the agency that	1898
applies when the agency is dealing with other information in its	1899
possession. The information may be admitted into evidence in a	1900
criminal trial in accordance with the Rules of Evidence, or in an	1901
administrative hearing conducted by an agency, but the court or	1902
agency shall require that appropriate measures be taken to ensure	1903
that confidentiality is maintained with respect to any part of the	1904
information that contains names or other identifying information	1905
about patients, complainants, or others whose confidentiality was	1906
protected by the state chiropractic board when the information was	1907
in the board's possession. Measures to ensure confidentiality	1908
that may be taken by the court or agency include sealing its	1909
records or redacting specific information from its records.	1910

(C) All hearings and investigations of the board shall be	1911
considered civil actions for the purposes of section 2305.251	1912
2305.252 of the Revised Code.	1913

Sec. 4760.14.  (A) The state medical board shall investigate	1914
evidence that appears to show that any person has violated this	1915
chapter or the rules adopted under it. Any person may report to	1916
the board in a signed writing any information the person has that	1917
appears to show a violation of any provision of this chapter or	1918
the rules adopted under it. In the absence of bad faith, a person	1919
who reports such information or testifies before the board in an	1920
adjudication conducted under Chapter 119. of the Revised Code	1921
shall not be liable for civil damages as a result of reporting the	1922
information or providing testimony. Each complaint or allegation	1923
of a violation received by the board shall be assigned a case	1924
number and be recorded by the board.	1925

(B) Investigations of alleged violations of this chapter or	1926
rules adopted under it shall be supervised by the supervising	1927
member elected by the board in accordance with section 4731.02 of	1928
the Revised Code and by the secretary as provided in section	1929
4760.15 of the Revised Code. The board's president may designate	1930
another member of the board to supervise the investigation in	1931
place of the supervising member. A member of the board who	1932
supervises the investigation of a case shall not participate in	1933
further adjudication of the case.	1934

(C) In investigating a possible violation of this chapter or	1935
the rules adopted under it, the board may administer oaths, order	1936
the taking of depositions, issue subpoenas, and compel the	1937
attendance of witnesses and production of books, accounts, papers,	1938
records, documents, and testimony, except that a subpoena for	1939
patient record information shall not be issued without	1940
consultation with the attorney general's office and approval of	1941
the secretary and supervising member of the board. Before	1942
issuance of a subpoena for patient record information, the	1943
secretary and supervising member shall determine whether there is	1944
probable cause to believe that the complaint filed alleges a	1945
violation of this chapter or the rules adopted under it and that	1946
the records sought are relevant to the alleged violation and	1947
material to the investigation. The subpoena may apply only to	1948
records that cover a reasonable period of time surrounding the	1949
alleged violation.	1950

On failure to comply with any subpoena issued by the board	1951
and after reasonable notice to the person being subpoenaed, the	1952
board may move for an order compelling the production of persons	1953
or records pursuant to the Rules of Civil Procedure.	1954

A subpoena issued by the board may be served by a sheriff,	1955
the sheriff's deputy, or a board employee designated by the board.	1956
Service of a subpoena issued by the board may be made by	1957
delivering a copy of the subpoena to the person named therein,	1958
reading it to the person, or leaving it at the person's usual	1959
place of residence. When the person being served is an	1960
anesthesiologist assistant, service of the subpoena may be made by	1961
certified mail, restricted delivery, return receipt requested, and	1962
the subpoena shall be deemed served on the date delivery is made	1963
or the date the person refuses to accept delivery.	1964

A sheriff's deputy who serves a subpoena shall receive the	1965
same fees as a sheriff. Each witness who appears before the board	1966
in obedience to a subpoena shall receive the fees and mileage	1967
provided for witnesses in civil cases in the courts of common	1968
pleas.	1969

(D) All hearings and investigations of the board shall be	1970
considered civil actions for the purposes of section 2305.251	1971
2305.252 of the Revised Code.	1972

(E) Information received by the board pursuant to an	1973
investigation is confidential and not subject to discovery in any	1974
civil action.	1975

The board shall conduct all investigations and proceedings in	1976
a manner that protects the confidentiality of patients and persons	1977
who file complaints with the board. The board shall not make	1978
public the names or any other identifying information about	1979
patients or complainants unless proper consent is given.	1980

The board may share any information it receives pursuant to	1981
an investigation, including patient records and patient record	1982
information, with law enforcement agencies, other licensing	1983
boards, and other governmental agencies that are prosecuting,	1984
adjudicating, or investigating alleged violations of statutes or	1985
administrative rules. An agency or board that receives the	1986
information shall comply with the same requirements regarding	1987
confidentiality as those with which the state medical board must	1988
comply, notwithstanding any conflicting provision of the Revised	1989
Code or procedure of the agency or board that applies when it is	1990
dealing with other information in its possession. In a judicial	1991
proceeding, the information may be admitted into evidence only in	1992
accordance with the Rules of Evidence, but the court shall require	1993
that appropriate measures are taken to ensure that confidentiality	1994
is maintained with respect to any part of the information that	1995
contains names or other identifying information about patients or	1996
complainants whose confidentiality was protected by the state	1997
medical board when the information was in the board's possession.	1998
Measures to ensure confidentiality that may be taken by the court	1999
include sealing its records or deleting specific information from	2000
its records.	2001

(F) The state medical board shall develop requirements for	2002
and provide appropriate initial training and continuing education	2003
for investigators employed by the board to carry out its duties	2004
under this chapter. The training and continuing education may	2005
include enrollment in courses operated or approved by the Ohio	2006
peace officer training council that the board considers	2007
appropriate under conditions set forth in section 109.79 of the	2008
Revised Code.	2009

(G) On a quarterly basis, the board shall prepare a report	2010
that documents the disposition of all cases during the preceding	2011
three months. The report shall contain the following information	2012
for each case with which the board has completed its activities:	2013

(1) The case number assigned to the complaint or alleged	2014
violation;	2015

(2) The type of certificate to practice, if any, held by the	2016
individual against whom the complaint is directed;	2017

(3) A description of the allegations contained in the	2018
complaint;	2019

(4) The disposition of the case.

2020

The report shall state how many cases are still pending, and	2021
shall be prepared in a manner that protects the identity of each	2022
person involved in each case. The report is a public record for	2023
purposes of section 149.43 of the Revised Code.	2024

Sec. 4762.14.  (A) The state medical board shall investigate	2025
evidence that appears to show that any person has violated this	2026
chapter or the rules adopted under it. Any person may report to	2027
the board in a signed writing any information the person has that	2028
appears to show a violation of any provision of this chapter or	2029
the rules adopted under it. In the absence of bad faith, a person	2030
who reports such information or testifies before the board in an	2031
adjudication conducted under Chapter 119. of the Revised Code	2032
shall not be liable for civil damages as a result of reporting the	2033
information or providing testimony. Each complaint or allegation	2034
of a violation received by the board shall be assigned a case	2035
number and be recorded by the board.	2036

(B) Investigations of alleged violations of this chapter or	2037
rules adopted under it shall be supervised by the supervising	2038
member elected by the board in accordance with section 4731.02 of	2039
the Revised Code and by the secretary as provided in section	2040
4762.15 of the Revised Code. The board's president may designate	2041
another member of the board to supervise the investigation in	2042
place of the supervising member. A member of the board who	2043
supervises the investigation of a case shall not participate in	2044
further adjudication of the case.	2045

(C) In investigating a possible violation of this chapter or	2046
the rules adopted under it, the board may administer oaths, order	2047
the taking of depositions, issue subpoenas, and compel the	2048
attendance of witnesses and production of books, accounts, papers,	2049
records, documents, and testimony, except that a subpoena for	2050
patient record information shall not be issued without	2051
consultation with the attorney general's office and approval of	2052
the secretary and supervising member of the board. Before	2053
issuance of a subpoena for patient record information, the	2054
secretary and supervising member shall determine whether there is	2055
probable cause to believe that the complaint filed alleges a	2056
violation of this chapter or the rules adopted under it and that	2057
the records sought are relevant to the alleged violation and	2058
material to the investigation. The subpoena may apply only to	2059
records that cover a reasonable period of time surrounding the	2060
alleged violation.	2061

On failure to comply with any subpoena issued by the board	2062
and after reasonable notice to the person being subpoenaed, the	2063
board may move for an order compelling the production of persons	2064
or records pursuant to the Rules of Civil Procedure.	2065

A subpoena issued by the board may be served by a sheriff,	2066
the sheriff's deputy, or a board employee designated by the board.	2067
Service of a subpoena issued by the board may be made by	2068
delivering a copy of the subpoena to the person named therein,	2069
reading it to the person, or leaving it at the person's usual	2070
place of residence. When the person being served is an	2071
acupuncturist, service of the subpoena may be made by certified	2072
mail, restricted delivery, return receipt requested, and the	2073
subpoena shall be deemed served on the date delivery is made or	2074
the date the person refuses to accept delivery.	2075

A sheriff's deputy who serves a subpoena shall receive the	2076
same fees as a sheriff. Each witness who appears before the board	2077
in obedience to a subpoena shall receive the fees and mileage	2078
provided for witnesses in civil cases in the courts of common	2079
pleas.	2080

(D) All hearings and investigations of the board shall be	2081
considered civil actions for the purposes of section 2305.251	2082
2305.252 of the Revised Code.	2083

(E) Information received by the board pursuant to an	2084
investigation is confidential and not subject to discovery in any	2085
civil action.	2086

The board shall conduct all investigations and proceedings in	2087
a manner that protects the confidentiality of patients and persons	2088
who file complaints with the board. The board shall not make	2089
public the names or any other identifying information about	2090
patients or complainants unless proper consent is given.	2091

The board may share any information it receives pursuant to	2092
an investigation, including patient records and patient record	2093
information, with law enforcement agencies, other licensing	2094
boards, and other governmental agencies that are prosecuting,	2095
adjudicating, or investigating alleged violations of statutes or	2096
administrative rules. An agency or board that receives the	2097
information shall comply with the same requirements regarding	2098
confidentiality as those with which the state medical board must	2099
comply, notwithstanding any conflicting provision of the Revised	2100
Code or procedure of the agency or board that applies when it is	2101
dealing with other information in its possession. In a judicial	2102
proceeding, the information may be admitted into evidence only in	2103
accordance with the Rules of Evidence, but the court shall require	2104
that appropriate measures are taken to ensure that confidentiality	2105
is maintained with respect to any part of the information that	2106
contains names or other identifying information about patients or	2107
complainants whose confidentiality was protected by the state	2108
medical board when the information was in the board's possession.	2109
Measures to ensure confidentiality that may be taken by the court	2110
include sealing its records or deleting specific information from	2111
its records.	2112

(F) The state medical board shall develop requirements for	2113
and provide appropriate initial training and continuing education	2114
for investigators employed by the board to carry out its duties	2115
under this chapter. The training and continuing education may	2116
include enrollment in courses operated or approved by the Ohio	2117
peace officer training council that the board considers	2118
appropriate under conditions set forth in section 109.79 of the	2119
Revised Code.	2120

(G) On a quarterly basis, the board shall prepare a report	2121
that documents the disposition of all cases during the preceding	2122
three months. The report shall contain the following information	2123
for each case with which the board has completed its activities:	2124

(1) The case number assigned to the complaint or alleged	2125
violation;	2126

(2) The type of certificate to practice, if any, held by the	2127
individual against whom the complaint is directed;	2128

(3) A description of the allegations contained in the	2129
complaint;	2130

(4) The disposition of the case.

2131

The report shall state how many cases are still pending, and	2132
shall be prepared in a manner that protects the identity of each	2133
person involved in each case. The report is a public record for	2134
purposes of section 149.43 of the Revised Code.	2135

Section 2. That existing sections 109.36, 1751.21, 2305.25,	2136
2305.251, 2305.38, 3701.74, 4715.03, 4723.28, 4730.26, 4731.22,	2137
4731.36, 4734.45, 4760.14, and 4762.14 of the Revised Code are	2138
hereby repealed.	2139

Section 3.  Section 3701.74 of the Revised Code is presented	2140
in this act as a composite of the section as amended by both Am.	2141
Sub. H.B. 508 and Sub. H.B. 506 of the 123rd General Assembly. The	2142
General Assembly, applying the principle stated in division (B) of	2143
section 1.52 of the Revised Code that amendments are to be	2144
harmonized if reasonably capable of simultaneous operation, finds	2145
that the composite is the resulting version of the section in	2146
effect prior to the effective date of the section as presented in	2147
this act.	2148