SENATOR Wachtmann

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) "Health care entity" means a government entity, a	88
for-profit or nonprofit corporation, a limited liability company,	89
a partnership, a professional corporation, a state or local	90
society composed of physicians, or other health care organization,	91
whether acting on its own behalf or on behalf of or in affiliation	92
with other health care entities, that conducts as part of its	93
purpose professional credentialing or quality review activities	94
involving the competence, professional conduct, or quality of care	95
provided by health care providers, including both individuals and	96
entities.	97

(B) "Health insuring corporation" means an entity that holds	98
a certificate of authority under Chapter 1751. of the Revised	99
Code. "Health insuring corporation" includes wholly owned	100
subsidiaries of a health insuring corporation.	101

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

102

(1) An institution that has been registered or licensed by	103
the department of health as a hospital;	104

(2) An entity, other than an insurance company authorized to	105
do business in this state, that owns, controls, or is affiliated	106
with an institution that has been registered or licensed by the	107
department of health as a hospital.	108

(D) "Incident report or risk management report" means a	109
report of an incident involving injury or potential injury to a	110
patient as a result of patient care by a health care entity that	111
is prepared by or for the use of a peer review committee and is	112
within the scope of the functions of that committee.	113

(E)(1) "Peer review committee" means a utilization review	114
committee, quality assessment committee, performance improvement	115
committee, tissue committee, credentialing committee, or other	116
committee that does either of the following:	117

(a) Conducts professional credentialing or quality review	118
activities involving the competence, professional conduct, or	119
quality of care provided by health care providers, including both	120
individuals and entities;	121

(b) Conducts any other attendant hearing process initiated	122
as a result of a peer review committee's recommendations or	123
actions.	124

(2) "Peer review committee" includes, but is not limited to,	125
the following:	126

(a) A peer review committee of a hospital or long-term care	127
facility or a peer review committee of a nonprofit health care	128
corporation that is a member of the hospital or long-term care	129
facility or of which the hospital or facility is a member;	130

(b) A peer review committee of a community mental health	131
center;	132

(c) A board or committee of a hospital, a long-term care	133
facility, or other health care entity when reviewing professional	134
qualifications or activities of health care providers, including	135
both individuals and entities;	136

(d) A peer review committee, professional standards review	137
committee, or arbitration committee of a state or local society	138
composed of members who are in active practice as physicians,	139
dentists, optometrists, psychologists, or pharmacists;	140

(e) A peer review committee of a health insuring corporation	141
that has at least a two-thirds majority of member physicians in	142
active practice and that conducts professional credentialing and	143
quality review activities involving the competence or professional	144
conduct of health care providers that adversely affects or could	145
adversely affect the health or welfare of any patient;	146

(f) A peer review committee of a health insuring corporation	147
that has at least a two-thirds majority of physicians in active	148
practice and that conducts professional credentialing and quality	149
review activities involving the competence or professional conduct	150
of a health care facility that has contracted with the health	151
insuring corporation to provide health care services to enrollees,	152
which conduct adversely affects, or could adversely affect, the	153
health or welfare of any patient;	154

(g) A peer review committee of a sickness and accident	155
insurer that has at least a two-thirds majority of physicians in	156
active practice and that conducts professional credentialing and	157
quality review activities involving the competence or professional	158
conduct of health care providers that adversely affects or could	159
adversely affect the health or welfare of any patient;	160

(h) A peer review committee of a sickness and accident	161
insurer that has at least a two-thirds majority of physicians in	162
active practice and that conducts professional credentialing and	163
quality review activities involving the competence or professional	164
conduct of a health care facility that has contracted with the	165
insurer to provide health care services to insureds, which conduct	166
adversely affects, or could adversely affect, the health or	167
welfare of any patient;	168

(i) A peer review committee of any insurer authorized under	169
Title XXXIX of the Revised Code to do the business of medical	170
professional liability insurance in this state that conducts	171
professional quality review activities involving the competence or	172
professional conduct of health care providers that adversely	173
affects or could affect the health or welfare of any patient;	174

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

175

(F) "Physician" means an individual authorized to practice	176
medicine and surgery, osteopathic medicine and surgery, or	177
podiatric medicine and surgery.	178

(G) "Sickness and accident insurer" means an entity	179
authorized under Title XXXIX of the Revised Code to do the	180
business of sickness and accident insurance in this state.	181

(H) "Tort action" means a civil action for damages for	182
injury, death, or loss to a patient of a health care entity. "Tort	183
action" includes a product liability claim but does not include a	184
civil action for a breach of contract or another agreement between	185
persons.	186

Sec. 2305.25.        Sec. 2305.251. (A) No hospital, no state or local	187
society,health care entity and no individual who works for or on	188
behalf of a health care entity shall be liable in damages to any	189
person for any acts, omissions, decisions, or other conduct within	190
the scope of the functions of a peer review committee of the	191
health care entity. No individual who is a member of or employee	192
works for or on behalf of any of the following committeesa peer	193
review committee of a health care entity shall be liable in	194
damages to any person for any acts, omissions, decisions, or other	195
conduct within the scope of the functions of the peer review	196
committee:.	197

(A) A utilization review committee, quality assurance, or	198
tissue committee of a hospital or long-term care facility, a	199
nonprofit health care corporation which is a member of the	200
hospital or long-term care facility or of which the hospital or	201
facility is a member, or a community mental health center;	202

(B) A board or committee of a hospital or long-term care	203
facility or of a nonprofit health care corporation which is a	204
member of the hospital or long-term care facility or of which the	205
hospital or long-term care facility is a member reviewing	206
professional qualifications or activities of the medical staff of	207
the hospital or long-term care facility or applicants for	208
admission to the medical staff;	209

(C) A utilization committee of a state or local society	210
composed of doctors of medicine, doctors of osteopathic medicine,	211
or doctors of podiatric medicine;	212

(D) A peer review committee, professional standards review	213
committee, or arbitration committee of a state or local society	214
composed of doctors of medicine, doctors of osteopathic medicine,	215
doctors of dentistry, doctors of optometry, doctors of podiatric	216
medicine, psychologists, or pharmacists;	217

(E) A peer review committee of a health insuring corporation	218
that has at least a two-thirds majority of member physicians in	219
active practice and that conducts professional credentialing and	220
quality review activities involving the competence or professional	221
conduct of health care providers, which conduct adversely affects,	222
or could adversely affect, the health or welfare of any patient.	223
For purposes of this division, "health insuring corporation"	224
includes wholly owned subsidiaries of a health insuring	225
corporation.	226

(F) A peer review committee of any insurer authorized under	227
Title XXXIX of the Revised Code to do the business of sickness and	228
accident insurance in this state that has at least a two-thirds	229
majority of physicians in active practice and that conducts	230
professional credentialing and quality review activities involving	231
the competence or professional conduct of health care providers,	232
which conduct adversely affects, or could adversely affect, the	233
health or welfare of any patient;	234

(G) A peer review committee of any insurer authorized under	235
Title XXXIX of the Revised Code to do the business of sickness and	236
accident insurance in this state that has at least a two-thirds	237
majority of physicians in active practice and that conducts	238
professional credentialing and quality review activities involving	239
the competence or professional conduct of a health care facility	240
that has contracted with the insurer to provide health care	241
services to insureds, which conduct adversely affects, or could	242
adversely affect, the health or welfare of any patient;	243

(B)(1) A hospital shall be presumed to not be negligent in	244
the credentialing of an individual who has, or has applied for,	245
staff membership or professional privileges at the hospital	246
pursuant to section 3701.351 of the Revised Code, if the hospital	247
proves by a preponderance of the evidence that, at the time of the	248
alleged negligent credentialing of the individual, the hospital	249
was accredited by one of the following:	250

(a) The joint commission on accreditation of healthcare	251
organizations;	252

(b) The American osteopathic association;

253

(c) The national committee for quality assurance;

254

(d) The utilization review accreditation commission.

255

(2) The presumption that a hospital is not negligent as	256
provided in division (B)(1) of this section may be rebutted only	257
by proof, by a preponderance of the evidence, of any of the	258
following:	259

(a) The credentialing and review requirements of the	260
accrediting organization did not apply to the hospital, the	261
individual, or the type of professional care that is the basis of	262
the claim against the hospital.	263

(b) The hospital failed to comply with all material	264
credentialing and review requirements of the accrediting	265
organization that applied to the individual.	266

(c) The hospital, through its medical staff executive	267
committee or its governing body and sufficiently in advance to	268
take appropriate action, knew that a previously competent	269
individual who has, or has applied for, staff membership or	270
professional privileges at the hospital had developed a pattern of	271
incompetence or otherwise inappropriate behavior, either of which	272
indicated that the individual's staff membership or professional	273
privileges should have been limited prior to the individual's	274
provision of professional care to the plaintiff at the hospital.	275

(d) The hospital, through its medical staff executive	276
committee or its governing body and sufficiently in advance to	277
take appropriate action, knew that a previously competent	278
individual who has, or has applied for, staff membership or	279
professional privileges at the hospital would provide fraudulent	280
medical treatment but failed to limit the individual's staff	281
membership or professional privileges prior to the individual's	282
provision of professional care to the plaintiff at the hospital.	283

(3) If the plaintiff fails to rebut the presumption provided	284
in division (B)(1) of this section, upon the motion of the	285
hospital, the court shall enter judgment in favor of the hospital	286
on the claim of negligent credentialing.	287

(C) Nothing in this section otherwise shall relieve any	288
individual or hospitalhealth care entity from liability arising	289
from treatment of a patient or residentan individual. Nothing in	290
this section shall be construed as creating an exception to	291
section 2305.252 of the Revised Code.	292

This section shall also apply to any member or employee of a	293
nonprofit corporation engaged in performing the functions of a	294
peer review committee of nursing home providers or administrators	295
or of a peer review or professional standards review committee.	296

(D) No person who provides information under this section	297
without malice and in the reasonable belief that the information	298
is warranted by the facts known to the person shall be subject to	299
suit for civil damages as a result of providing the information.	300

Sec. 2305.251.        Sec. 2305.252.  Proceedings and records of all	301
review committees described in section 2305.25 of the Revised Code	302
within the scope of a peer review committee of a health care	303
entity shall be held in confidence and shall not be subject to	304
discovery or introduction in evidence in any civil action against	305
a health care entity or health care professional, a hospital, a	306
long-term care facility, a not-for-profit health care corporation	307
that is a member of a hospital or long-term care facility or of	308
which a hospital or long-term care facility is a member, or	309
another health care institution arising out of matters that are	310
the subject of evaluation and review by the peer review committee.	311
No person in attendance atindividual who attends a meeting of a	312
peer review committee or serving, serves as a member of a peer	313
review committee, works for or on behalf of a peer review	314
committee, or provides information to a peer review committee	315
shall be permitted or required to testify in any civil action as	316
to any evidence or other matters produced or presented during the	317
proceedings of the peer review committee or as to any finding,	318
recommendation, evaluation, opinion, or other action of the,	319
committee or a member thereof. Information, documents, or	320
records otherwise available from original sources are not to be	321
construed as being unavailable for discovery or for use in any	322
civil action merely because they were produced or presented during	323
proceedings of a peer review committee nor should any person	324
testifying, as long as the information, documents, or records are	325
obtained from the original sources and not from the peer review	326
committee's proceedings or records. An individual who testifies	327
before a peer review committee or who is, serves as a	328
representative of a peer review committee, serves as a member of	329
thea peer review committee, works for or on behalf of a peer	330
review committee, or provides information to a peer review	331
committee shall not be prevented from testifying as to matters	332
within the person'sindividual's knowledge, but the witness	333
individual cannot be asked about the witness'sindividual's	334
testimony before the peer review committee, information the	335
individual provided to the peer review committee, or any opinion	336
the individual formed by the witness as a result of the committee	337
hearingpeer review committee's activities. An order by a court	338
to produce for discovery or for use at trial the proceedings or	339
records described in this section is a final order.	340

Sec. 2305.253. (A) Notwithstanding any contrary provision of	341
section 149.43, 1751.21, 2305.24, 2305.25, 2305.251, 2305.252, or	342
2305.28 of the Revised Code, an incident report or risk management	343
report and the contents of an incident report or risk management	344
report are not subject to discovery in, and are not admissible in	345
evidence in the trial of, a tort action. An individual who	346
prepares or has knowledge of the contents of an incident report or	347
risk management report shall not testify and shall not be required	348
to testify in a tort action as to the contents of the report. This	349
division does not prohibit or limit the discovery or admissibility	350
of testimony or evidence relating to patient care that is within	351
an individual's personal knowledge.	352

(B)(1) Except as specified in division (A) of this section,	353
this section does not affect any provision of section 1751.21,	354
2305.24, 2305.25, 2305.251, 2305.252, or 2305.28 of the Revised	355
Code that describes, imposes, or confers any of the following:	356

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

357

(b) A forfeiture of an immunity from tort or other civil	358
liability;	359

(c) A requirement of confidentiality;

360

(d) A limitation on the use of information, data, reports,	361
or records;	362

(e) Tort or other civil liability;

363

(f) A limitation on discovery of matter, introduction into	364
evidence of matter, or testimony pertaining to matter in a tort or	365
other civil action.	366

(2) This section does not affect a privileged communication	367
between an attorney and the attorney's client as described in	368
section 2317.02 of the Revised Code.	369

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

370

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

371

(a) Any charitable nonprofit corporation that is organized	372
and operated pursuant to Chapter 1702. of the Revised Code,	373
including, but not limited to, any such corporation whose articles	374
of incorporation specify that it is organized and to be operated	375
for an education-related purpose;	376

(b) Any charitable association, group, institution, or	377
society that is not organized and not operated for profit,	378
including, but not limited to, any such association, group,	379
institution, or society that is organized and operated for any	380
education-related purpose.	381

(2) "Compensation" does not include actual and necessary	382
expenses that are incurred by a volunteer in connection with the	383
services that the volunteer performs for a charitable	384
organization, and that are reimbursed to the volunteer or	385
otherwise paid.	386

(3) "Corporate services" means services that are performed by	387
a volunteer who is associated with a charitable organization as	388
defined in division (A)(1)(a) of this section and that reflect	389
duties or responsibilities arising under Chapter 1702. of the	390
Revised Code.	391

(4) "Supervisory services" means services that are performed	392
by a volunteer who is associated with a charitable organization as	393
defined in division (A)(1)(a) or (b) of this section and that	394
involve duties and responsibilities in connection with the	395
supervision of one or more officers, employees, trustees, or other	396
volunteers of that charitable organization.	397

(5) "Volunteer" means an officer, trustee, or other person	398
who performs services for a charitable organization but does not	399
receive compensation, either directly or indirectly, for those	400
services.	401

(B) A volunteer is not liable in damages in a civil action	402
for injury, death, or loss to person or property that arises from	403
the actions or omissions of any of the officers, employees,	404
trustees, or other volunteers of the charitable organization for	405
which the volunteer performs services, unless either of the	406
following applies:	407

(1) With prior knowledge of an action or omission of a	408
particular officer, employee, trustee, or other volunteer, the	409
volunteer authorizes, approves, or otherwise actively participates	410
in that action or omission.	411

(2) After an action or omission of a particular officer,	412
employee, trustee, or other volunteer, the volunteer, with full	413
knowledge of that action or omission, ratifies it.	414

(C) A volunteer is not liable in damages in a civil action	415
for injury, death, or loss to person or property that arises from	416
the volunteer's actions or omissions in connection with any	417
supervisory or corporate services that the volunteer performs for	418
the charitable organization, unless either of the following	419
applies:	420

(1) An action or omission of the volunteer involves conduct	421
as described in division (B)(1) or (2) of this section;	422

(2) An action or omission of the volunteer constitutes	423
willful or wanton misconduct or intentionally tortious conduct.	424

(D) A volunteer is not liable in damages in a civil action	425
for injury, death, or loss to person or property that arises from	426
the volunteer's actions or omissions in connection with any	427
nonsupervisory or noncorporate services that the volunteer	428
performs for the charitable organization, unless either of the	429
following applies:	430

(1) An action or omission of the volunteer involves conduct	431
as described in division (B)(1) or (2) of this section;	432

(2) An action or omission of the volunteer constitutes	433
negligence, willful or wanton misconduct, or intentionally	434
tortious conduct.	435

(E)(1) This section does not create a new cause of action or	436
substantive legal right against a volunteer.	437

(2) This section does not affect any immunities from civil	438
liability or defenses established by another section of the	439
Revised Code or available at common law, to which a volunteer may	440
be entitled under circumstances not covered by this section. This	441
section does not diminish in any respect the immunities provided	442
in section 2305.252305.251 of the Revised Code. The immunities	443
conferred upon volunteers in this section are not intended to	444
affect the liability of a charitable organization in a civil	445
action for injury, death, or loss to person or property.	446

Sec. 3701.74. (A) As used in this section and section	447
3701.741 of the Revised Code:	448

(1) "Ambulatory care facility" means a facility that provides	449
medical, diagnostic, or surgical treatment to patients who do not	450
require hospitalization, including a dialysis center, ambulatory	451
surgical facility, cardiac catheterization facility, diagnostic	452
imaging center, extracorporeal shock wave lithotripsy center, home	453
health agency, inpatient hospice, birthing center, radiation	454
therapy center, emergency facility, and an urgent care center.	455
"Ambulatory care facility" does not include the private office of	456
a physician or dentist, whether the office is for an individual or	457
group practice.	458

(2) "Chiropractor" means an individual licensed under Charter	459
Chapter 4734. of the Revised Code to practice chiropractic.	460

(2)(3) "Emergency facility" means a hospital emergency	461
department or any other facility that provides emergency medical	462
services.	463

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

464

(a) A dentist or dental hygienist licensed under Chapter	465
4715. of the Revised Code;	466

(b) A registered or licensed practical nurse licensed under	467
Chapter 4723. of the Revised Code;	468

(c) An optometrist licensed under Chapter 4725. of the	469
Revised Code;	470

(d) A dispensing optician, spectacle dispensing optician,	471
contact lens dispensing optician, or spectacle-contact lens	472
dispensing optician licensed under Chapter 4725. of the Revised	473
Code;	474

(e) A pharmacist licensed under Chapter 4729. of the Revised	475
Code;	476

(f) A physician;

477

(g) A physician assistant authorized under Chapter 4730. of	478
the Revised Code to practice as a physician assistant;	479

(h) A practitioner of a limited branch of medicine issued a	480
certificate under Chapter 4731. of the Revised Code;	481

(i) A psychologist licensed under Chapter 4732. of the	482
Revised Code;	483

(j) A chiropractor;

484

(k) A hearing aid dealer or fitter licensed under Chapter	485
4747. of the Revised Code;	486

(l) A speech-language pathologist or audiologist licensed	487
under Chapter 4753. of the Revised Code;	488

(m) An occupational therapist or occupational therapy	489
assistant licensed under Chapter 4755. of the Revised Code;	490

(n) A physical therapist or physical therapy assistant	491
licensed under Chapter 4755. of the Revised Code;	492

(o) A professional clinical counselor, professional	493
counselor, social worker, or independent social worker licensed,	494
or a social work assistant registered, under Chapter 4757. of the	495
Revised Code;	496

(p) A dietitian licensed under Chapter 4759. of the Revised	497
Code;	498

(q) A respiratory care professional licensed under Chapter	499
4761. of the Revised Code;	500

(r) An emergency medical technician-basic, emergency medical	501
technician-intermediate, or emergency medical technician-paramedic	502
certified under Chapter 4765. of the Revised Code.	503

(5) "Health care provider" has the same meaning as in	504
section 3729.01 of the Revised Codemeans a hospital, ambulatory	505
care facility, long-term care facility, pharmacy, emergency	506
facility, or health care practitioner.	507

(3)(6) "Hospital" has the same meaning as in section 3727.01	508
of the Revised Code.	509

(7) "Long-term care facility" means a nursing home,	510
residential care facility, or home for the aging, as those terms	511
are defined in section 3721.01 of the Revised Code; an adult care	512
facility, as defined in section 3722.01 of the Revised Code; a	513
nursing facility or intermediate care facility for the mentally	514
retarded, as those terms are defined in section 5111.20 of the	515
Revised Code; a facility or portion of a facility certified as a	516
skilled nursing facility under Title XVIII of the "Social Security	517
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	518

(8) "Medical record" means data in any form that pertains	519
to a patient's medical history, diagnosis, prognosis, or medical	520
condition and that is generated and maintained by a health care	521
provider in the process of the patient's health care treatment.	522

(4)(9) "Medical records company" means a person who stores,	523
locates, or copies medical records for a health care provider, or	524
is compensated for doing so by a health care provider, and charges	525
a fee for providing medical records to a patient or patient's	526
representative.	527

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

528

(a) An individual who received health care treatment from a	529
health care provider or from a practitioner;	530

(b) A guardian, as defined in section 1337.11 of the Revised	531
Code, of an individual described in division (A)(5)(10)(a) of this	532
section.	533

(6)(11) "Patient's representative" means a person to whom a	534
patient has given written authorization to act on the patient's	535
behalf regarding the patient's medical records, except that if the	536
patient is deceased, "patient's representative" means the executor	537
or administrator of the patient's estate or the person responsible	538
for the patient's estate if it is not to be probated. "Patient's	539
representative" does not include an insurer authorized under Title	540
XXXIX of the Revised Code to do the business of sickness and	541
accident insurance in this state or a health insuring corporation	542
holding a certificate of authority under Chapter 1751. of the	543
Revised Code.	544

(7)(12) "Pharmacy" has the same meaning as in section 4729.01	545
of the Revised Code.	546

(13) "Physician" means a person authorized under Chapter	547
4731. of the Revised Code to practice medicine and surgery,	548
osteopathic medicine and surgery, or podiatrypodiatric medicine	549
and surgery.	550

(5) "Practitioner" means an individual authorized under	551
Chapter 4731. of the Revised Code to practice medicine and	552
surgery, osteopathic medicine and surgery, or podiatry or an	553
individual licensed under Chapter 4734. of the Revised Code to	554
practice chiropractic.	555

(B) A patient or patient's representative who wishes to	556
examine or obtain a copy of part or all of a medical record	557
shall submit to the health care provider or practitioner a	558
written request signed by the patient dated not more than sixty	559
days before the date on which it is submitted. The patient or	560
patient's representative who wishes to obtain a copy of the record	561
shall indicate in the request whether the copy is to be sent to	562
the patient's residence, physician or chiropractor, or	563
representative, or held for the patient at the office of the	564
health care provider or by the practitioner. Within a reasonable	565
time after receiving a request that meets the requirements of this	566
division and includes sufficient information to identify the	567
record requested, a health care provider that has the patient's	568
medical records or practitioner shall permit the patient to	569
examine the record during regular business hours without charge	570
or, on request, shall provide a copy of the record in accordance	571
with section 3701.741 of the Revised Code, except that if a	572
physician or chiropractor practitioner who has treated the	573
patient determines for clearly stated treatment reasons that	574
disclosure of the requested record is likely to have an adverse	575
effect on the patient, the health care provider or practitioner	576
shall provide the record to a physician or chiropractor	577
practitioner designated by the patient. The health care provider	578
or practitioner shall take reasonable steps to establish the	579
identity of the person making the request to examine or obtain a	580
copy of the patient's record.	581

(C) If a health care provider or practitioner fails to	582
furnish a medical record as required by division (B) of this	583
section, the patient or patient's representative who requested the	584
record may bring a civil action to enforce the patient's right of	585
access to the record.	586

(D)(1) This section does not apply to medical records whose	587
release is covered by section 173.20 or 3721.13 of the Revised	588
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	589
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	590
Records," or by 42 C.F.R. 483.10.	591

(2) Nothing in this section is intended to supersede the	592
confidentiality provisions of sections 2305.24 to, 2305.25,	593
2305.251, and 2305.252 of the Revised Code.	594

Sec. 4715.03.  (A) The state dental board shall organize by	595
the election from its members of a president and a secretary. It	596
shall hold meetings monthly at least eight months a year at such	597
times and places as the board designates. A majority of the	598
members of the board shall constitute a quorum. The board shall	599
make such reasonable rules as it determines necessary pursuant to	600
Chapter 119. of the Revised Code.	601

(B) A concurrence of a majority of the members of the board	602
shall be required to grant, refuse, suspend, place on probationary	603
status, revoke, refuse to renew, or refuse to reinstate a license	604
or censure a license holder.	605

(C) The board shall adopt rules establishing standards for	606
the safe practice of dentistry and dental hygiene by qualified	607
practitioners and shall, through its policies and activities,	608
promote such practice.	609

The board shall adopt rules in accordance with Chapter 119.	610
of the Revised Code establishing universal blood and body fluid	611
precautions that shall be used by each person licensed under this	612
chapter who performs exposure prone invasive procedures. The	613
rules shall define and establish requirements for universal blood	614
and body fluid precautions that include the following:	615

(1) Appropriate use of hand washing;

616

(2) Disinfection and sterilization of equipment;

617

(3) Handling and disposal of needles and other sharp	618
instruments;	619

(4) Wearing and disposal of gloves and other protective	620
garments and devices.	621

(D) The board shall administer and enforce the provisions of	622
this chapter. The board shall investigate evidence which appears	623
to show that any person has violated any provision of this	624
chapter. Any person may report to the board under oath any	625
information such person may have appearing to show a violation of	626
any provision of this chapter. In the absence of bad faith, any	627
person who reports such information or who testifies before the	628
board in any disciplinary proceeding conducted pursuant to Chapter	629
119. of the Revised Code is not liable for civil damages as a	630
result of making the report or providing testimony. If after	631
investigation the board determines that there are reasonable	632
grounds to believe that a violation of this chapter has occurred,	633
the board shall conduct disciplinary proceedings pursuant to	634
Chapter 119. of the Revised Code or provide for a license holder	635
to participate in the quality intervention program established	636
under section 4715.031 of the Revised Code. The board shall not	637
dismiss any complaint or terminate any investigation except by a	638
majority vote of its members. For the purpose of any disciplinary	639
proceeding or any investigation conducted under this division,	640
the board may administer oaths, order the taking of depositions,	641
issue subpoenas, compel the attendance and testimony of persons at	642
depositions and compel the production of books, accounts, papers,	643
documents, or other tangible things. The hearings and	644
investigations of the board shall be considered civil actions for	645
the purposes of section 2305.2512305.252 of the Revised Code.	646
Notwithstanding section 121.22 of the Revised Code, proceedings of	647
the board relative to the investigation of a complaint or the	648
determination whether there are reasonable grounds to believe that	649
a violation of this chapter has occurred are confidential and are	650
not subject to discovery in any civil action.	651

(E) The board shall examine or cause to be examined eligible	652
applicants to practice dentistry and dental hygiene. The board may	653
distinguish by rule different classes of qualified personnel	654
according to skill levels and require all or only certain of these	655
classes of qualified personnel to be examined and certified by the	656
board.	657

(F) In accordance with Chapter 119. of the Revised Code, the	658
board shall adopt, and may amend or rescind, rules establishing	659
the eligibility criteria, the application and permit renewal	660
procedures, and safety standards applicable to a dentist licensed	661
under this chapter who applies for a permit to employ or use	662
conscious intravenous sedation. These rules shall include all of	663
the following:	664

(1) The eligibility requirements and application procedures	665
for an eligible dentist to obtain a conscious intravenous sedation	666
permit;	667

(2) The minimum educational and clinical training standards	668
required of applicants, which shall include satisfactory	669
completion of an advanced cardiac life support course;	670

(3) The facility equipment and inspection requirements;

671

(4) Safety standards;

672

(5) Requirements for reporting adverse occurrences.

673

Sec. 4723.28.  (A) The board of nursing, by a vote of a	674
quorum, may revoke or may refuse to grant a nursing license,	675
certificate of authority, or dialysis technician certificate to a	676
person found by the board to have committed fraud in passing an	677
examination required to obtain the license, certificate of	678
authority, or dialysis technician certificate or to have committed	679
fraud, misrepresentation, or deception in applying for or securing	680
any nursing license, certificate of authority, or dialysis	681
technician certificate issued by the board.	682

(B) The board of nursing, and by a vote of a quorum, may	683
impose one or more of the following sanctions: deny, revoke,	684
suspend, or place restrictions on any nursing license, certificate	685
of authority, or dialysis technician certificate issued by the	686
board; reprimand or otherwise discipline a holder of a nursing	687
license, certificate of authority, or dialysis technician	688
certificate; or impose a fine of not more than five hundred	689
dollars per violation. The sanctions may be imposed for any of	690
the following:	691

(1) Denial, revocation, suspension, or restriction of	692
authority to practice a health care occupation, including nursing	693
or practice as a dialysis technician, for any reason other than a	694
failure to renew, in Ohio or another state or jurisdiction;	695

(2) Engaging in the practice of nursing or engaging in	696
practice as a dialysis technician, having failed to renew a	697
nursing license or dialysis technician certificate issued under	698
this chapter, or while a nursing license or dialysis technician	699
certificate is under suspension;	700

(3) Conviction of, a plea of guilty to, a judicial finding	701
of guilt of, a judicial finding of guilt resulting from a plea of	702
no contest to, or a judicial finding of eligibility for	703
intervention in lieu of conviction for, a misdemeanor committed in	704
the course of practice;	705

(4) Conviction of, a plea of guilty to, a judicial finding	706
of guilt of, a judicial finding of guilt resulting from a plea of	707
no contest to, or a judicial finding of eligibility for	708
intervention in lieu of conviction for, any felony or of any crime	709
involving gross immorality or moral turpitude;	710

(5) Selling, giving away, or administering drugs or	711
therapeutic devices for other than legal and legitimate	712
therapeutic purposes; or conviction of, a plea of guilty to, a	713
judicial finding of guilt of, a judicial finding of guilt	714
resulting from a plea of no contest to, or a judicial finding of	715
eligibility for intervention in lieu of conviction for, violating	716
any municipal, state, county, or federal drug law;	717

(6) Conviction of, a plea of guilty to, a judicial finding	718
of guilt of, a judicial finding of guilt resulting from a plea of	719
no contest to, or a judicial finding of eligibility for	720
intervention in lieu of conviction for, an act in another	721
jurisdiction that would constitute a felony or a crime of moral	722
turpitude in Ohio;	723

(7) Conviction of, a plea of guilty to, a judicial finding	724
of guilt of, a judicial finding of guilt resulting from a plea of	725
no contest to, or a judicial finding of eligibility for	726
intervention in lieu of conviction for, an act in the course of	727
practice in another jurisdiction that would constitute a	728
misdemeanor in Ohio;	729

(8) Self-administering or otherwise taking into the body any	730
dangerous drug, as defined in section 4729.01 of the Revised Code,	731
in any way not in accordance with a legal, valid presription	732
prescription issued for that individual;	733

(9) Habitual indulgence in the use of controlled substances,	734
other habit-forming drugs, or alcohol or other chemical substances	735
to an extent that impairs ability to practice;	736

(10) Impairment of the ability to practice according to	737
acceptable and prevailing standards of safe nursing care because	738
of habitual or excessive use of drugs, alcohol, or other chemical	739
substances that impair the ability to practice;	740

(11) Impairment of the ability to practice according to	741
acceptable and prevailing standards of safe nursing care because	742
of a physical or mental disability;	743

(12) Assaulting or causing harm to a patient or depriving a	744
patient of the means to summon assistance;	745

(13) Obtaining or attempting to obtain money or anything of	746
value by intentional misrepresentation or material deception in	747
the course of practice;	748

(14) Adjudication by a probate court of being mentally ill	749
or mentally incompetent. The board may restore the person's	750
nursing license or dialysis technician certificate upon	751
adjudication by a probate court of the person's restoration to	752
competency or upon submission to the board of other proof of	753
competency.	754

(15) The suspension or termination of employment by the	755
department of defense or the veterans administration of the United	756
States for any act that violates or would violate this chapter;	757

(16) Violation of this chapter or any rules adopted under	758
it;	759

(17) Violation of any restrictions placed on a nursing	760
license or dialysis technician certificate by the board;	761

(18) Failure to use universal blood and body fluid	762
precautions established by rules adopted under section 4723.07 of	763
the Revised Code;	764

(19) Failure to practice in accordance with acceptable and	765
prevailing standards of safe nursing care or safe dialysis care;	766

(20) In the case of a registered nurse, engaging in	767
activities that exceed the practice of nursing as a registered	768
nurse;	769

(21) In the case of a licensed practical nurse, engaging in	770
activities that exceed the practice of nursing as a licensed	771
practical nurse;	772

(22) In the case of a dialysis technician, engaging in	773
activities that exceed those permitted under section 4723.72 of	774
the Revised Code;	775

(23) Aiding and abetting a person in that person's practice	776
of nursing without a license or practice as a dialysis technician	777
without a certificate issued under this chapter;	778

(24) In the case of a certified registered nurse	779
anesthetist, clinical nurse specialist, certified nurse-midwife,	780
certified nurse practitioner, or advanced practice nurse, except	781
as provided in division (M) of this section, either of the	782
following:	783

(a) Waiving the payment of all or any part of a deductible	784
or copayment that a patient, pursuant to a health insurance or	785
health care policy, contract, or plan that covers such nursing	786
services, would otherwise be required to pay if the waiver is used	787
as an enticement to a patient or group of patients to receive	788
health care services from that provider;	789

(b) Advertising that the nurse will waive the payment of all	790
or any part of a deductible or copayment that a patient, pursuant	791
to a health insurance or health care policy, contract, or plan	792
that covers such nursing services, would otherwise be required to	793
pay.	794

(25) Failure to comply with the terms and conditions of	795
participation in the chemical dependency monitoring program	796
established under section 4723.35 of the Revised Code;	797

(26) Failure to comply with the terms and conditions	798
required under the practice intervention and improvement program	799
established under section 4723.282 of the Revised Code;	800

(27) In the case of a certified registered nurse	801
anesthetist, clinical nurse specialist, certified nurse-midwife,	802
or certified nurse practitioner:	803

(a) Engaging in activities that exceed those permitted for	804
the nurse's nursing specialty under section 4723.43 of the Revised	805
Code;	806

(b) Failure to meet the quality assurance standards	807
established under section 4723.07 of the Revised Code.	808

(28) In the case of a clinical nurse specialist, certified	809
nurse-midwife, or certified nurse practitioner, failure to	810
maintain a standard care arrangement in accordance with section	811
4723.431 of the Revised Code or to practice in accordance with the	812
standard care arrangement;	813

(29) In the case of a clinical nurse specialist, certified	814
nurse-midwife, or certified nurse practitioner who holds a	815
certificate to prescribe issued under section 4723.48 of the	816
Revised Code, failure to prescribe drugs and therapeutic devices	817
in accordance with section 4723.481 of the Revised Code;	818

(30) Prescribing any drug or device to perform or induce an	819
abortion, or otherwise performing or inducing an abortion;	820

(31) Failure to establish and maintain professional	821
boundaries with a patient, as specified in rules adopted under	822
section 4723.07 of the Revised Code;	823

(32) Regardless of whether the contact or verbal behavior is	824
consensual, engaging with a patient other than the spouse of the	825
registered nurse, licensed practical nurse, or dialysis technician	826
in any of the following:	827

(a) Sexual contact, as defined in section 2907.01 of the	828
Revised Code;	829

(b) Verbal behavior that is sexually demeaning to the	830
patient or may be reasonably interpreted by the patient as	831
sexually demeaning.	832

(C) Disciplinary actions taken by the board under divisions	833
(A) and (B) of this section shall be taken pursuant to an	834
adjudication conducted under Chapter 119. of the Revised Code,	835
except that in lieu of a hearing, the board may enter into a	836
consent agreement with an individual to resolve an allegation of a	837
violation of this chapter or any rule adopted under it. A consent	838
agreement, when ratified by a vote of a quorum, shall constitute	839
the findings and order of the board with respect to the matter	840
addressed in the agreement. If the board refuses to ratify a	841
consent agreement, the admissions and findings contained in the	842
agreement shall be of no effect.	843

(D) The hearings of the board shall be conducted in	844
accordance with Chapter 119. of the Revised Code, the board may	845
appoint a hearing examiner, as provided in section 119.09 of the	846
Revised Code, to conduct any hearing the board is authorized to	847
hold under Chapter 119. of the Revised Code.	848

In any instance in which the board is required under Chapter	849
119. of the Revised Code to give notice of an opportunity for a	850
hearing and the applicant or license holder does not make a timely	851
request for a hearing in accordance with section 119.07 of the	852
Revised Code, the board is not required to hold a hearing, but may	853
adopt, by a vote of a quorum, a final order that contains the	854
board's findings. In the final order, the board may order any of	855
the sanctions listed in division (A) or (B) of this section.	856

(E) If a criminal action is brought against a registered	857
nurse, licensed practical nurse, or dialysis technician for an act	858
or crime described in divisions (B)(3) to (7) of this section and	859
the action is dismissed by the trial court other than on the	860
merits, the board shall conduct an adjudication to determine	861
whether the registered nurse, licensed practical nurse, or	862
dialysis technician committed the act on which the action was	863
based. If the board determines on the basis of the adjudication	864
that the registered nurse, licensed practical nurse, or dialysis	865
technician committed the act, or if the registered nurse, licensed	866
practical nurse, or dialysis technician fails to participate in	867
the adjudication, the board may take action as though the	868
registered nurse, licensed practical nurse, or dialysis technician	869
had been convicted of the act.	870

If the board takes action on the basis of a conviction, plea,	871
or a judicial finding as described in divisions (B)(3) to (7) of	872
this section that is overturned on appeal, the registered nurse,	873
licensed practical nurse, or dialysis technician may, on	874
exhaustion of the appeal process, petition the board for	875
reconsideration of its action. On receipt of the petition and	876
supporting court documents, the board shall temporarily rescind	877
its action. If the board determines that the decision on appeal	878
was a decision on the merits, it shall permanently rescind its	879
action. If the board determines that the decision on appeal was	880
not a decision on the merits, it shall conduct an adjudication	881
to determine whether the registered nurse, licensed practical	882
nurse, or dialysis technician committed the act on which the	883
original conviction, plea, or judicial finding was based. If the	884
board determines on the basis of the adjudication that the	885
registered nurse, licensed practical nurse, or dialysis technician	886
committed such act, or if the registered nurse, licensed practical	887
nurse, or dialysis technician does not request an adjudication,	888
the board shall reinstate its action; otherwise, the board shall	889
permanently rescind its action.	890

Notwithstanding the provision of division (C)(2) of section	891
2953.32 of the Revised Code specifying that if records pertaining	892
to a criminal case are sealed under that section the proceedings	893
in the case shall be deemed not to have occurred, sealing of the	894
records of a conviction on which the board has based an action	895
under this section shall have no effect on the board's action or	896
any sanction imposed by the board under this section.	897

The board shall not be required to seal, destroy, redact, or	898
otherwise modify its records to reflect the court's sealing of	899
conviction records.	900

(F) The board may investigate an individual's criminal	901
background in performing its duties under this section.	902

(G) During the course of an investigation conducted under	903
this section, the board may compel any registered nurse, licensed	904
practical nurse, or dialysis technician or applicant under this	905
chapter to submit to a mental or physical examination, or both, as	906
required by the board and at the expense of the individual, if the	907
board finds reason to believe that the individual under	908
investigation may have a physical or mental impairment that may	909
affect the individual's ability to provide safe nursing care.	910
Failure of any individual to submit to a mental or physical	911
examination when directed constitutes an admission of the	912
allegations, unless the failure is due to circumstances beyond the	913
individual's control, and a default and final order may be entered	914
without the taking of testimony or presentation of evidence.	915

If the board finds that an individual is impaired, the board	916
shall require the individual to submit to care, counseling, or	917
treatment approved or designated by the board, as a condition for	918
initial, continued, reinstated, or renewed authority to practice.	919
The individual shall be afforded an opportunity to demonstrate to	920
the board that the individual can begin or resume the individual's	921
occupation in compliance with acceptable and prevailing standards	922
of care under the provisions of the individual's authority to	923
practice.	924

For purposes of this division, any registered nurse,	925
licensed practical nurse, or dialysis technician or applicant	926
under this chapter shall be deemed to have given consent to submit	927
to a mental or physical examination when directed to do so in	928
writing by the board, and to have waived all objections to the	929
admissibility of testimony or examination reports that constitute	930
a privileged communication.	931

(H) The board shall investigate evidence that appears to	932
show that any person has violated any provision of this chapter or	933
any rule of the board. Any person may report to the board any	934
information the person may have that appears to show a violation	935
of any provision of this chapter or rule of the board. In the	936
absence of bad faith, any person who reports such information or	937
who testifies before the board in any adjudication conducted under	938
Chapter 119. of the Revised Code shall not be liable for civil	939
damages as a result of the report or testimony.	940

(I) All of the following apply under this chapter with	941
respect to the confidentiality of information:	942

(1) Information received by the board pursuant to an	943
investigation is confidential and not subject to discovery in any	944
civil action, except that the board may disclose information to	945
law enforcement officers and government entities investigating a	946
registered nurse, licensed practical nurse, or dialysis technician	947
or a person who may have engaged in the unauthorized practice of	948
nursing. No law enforcement officer or government entity with	949
knowledge of any information disclosed by the board pursuant to	950
this division shall divulge the information to any other person or	951
government entity except for the purpose of an adjudication by a	952
court or licensing or registration board or officer to which the	953
person to whom the information relates is a party.	954

(2) If an investigation requires a review of patient	955
records, the investigation and proceeding shall be conducted in	956
such a manner as to protect patient confidentiality.	957

(3) All adjudications and investigations of the board shall	958
be considered civil actions for the purposes of section 2305.251	959
2305.252 of the Revised Code.	960

(4) Any board activity that involves continued monitoring of	961
an individual as part of or following any disciplinary action	962
taken under this section shall be conducted in a manner that	963
maintains the individual's confidentiality. Information received	964
or maintained by the board with respect to the board's monitoring	965
activities is confidential and not subject to discovery in any	966
civil action.	967

(J) Any action taken by the board under this section	968
resulting in a suspension from practice shall be accompanied by a	969
written statement of the conditions under which the person may be	970
reinstated to practice.	971

(K) When the board refuses to grant a license or certificate	972
to an applicant, revokes a license or certificate, or refuses to	973
reinstate a license or certificate, the board may specify that its	974
action is permanent. An individual subject to permanent action	975
taken by the board is forever ineligible to hold a license or	976
certificate of the type that was refused or revoked and the board	977
shall not accept from the individual an application for	978
reinstatement of the license or certificate or for a new license	979
or certificate.	980

(L) No unilateral surrender of a nursing license,	981
certificate of authority, or dialysis technician certificate	982
issued under this chapter shall be effective unless accepted by	983
majority vote of the board. No application for a nursing license,	984
certificate of authority, or dialysis technician certificate	985
issued under this chapter may be withdrawn without a majority vote	986
of the board. The board's jurisdiction to take disciplinary	987
action under this section is not removed or limited when an	988
individual has a license or certificate classified as inactive or	989
fails to renew a license or certificate.	990

(M) Sanctions shall not be imposed under division (B)(24) of	991
this section against any licensee who waives deductibles and	992
copayments as follows:	993

(1) In compliance with the health benefit plan that	994
expressly allows such a practice. Waiver of the deductibles or	995
copayments shall be made only with the full knowledge and consent	996
of the plan purchaser, payer, and third-party administrator.	997
Documentation of the consent shall be made available to the board	998
upon request.	999

(2) For professional services rendered to any other person	1000
licensed pursuant to this chapter to the extent allowed by this	1001
chapter and the rules of the board.	1002

Sec. 4730.26.  (A) The state medical board shall investigate	1003
evidence that appears to show that any person has violated this	1004
chapter or a rule adopted under it. Any person may report to the	1005
board in a signed writing any information the person has that	1006
appears to show a violation of any provision of this chapter or	1007
rule adopted under it. In the absence of bad faith, a person who	1008
reports such information or testifies before the board in an	1009
adjudication conducted under Chapter 119. of the Revised Code	1010
shall not be liable for civil damages as a result of reporting the	1011
information or providing testimony. Each complaint or allegation	1012
of a violation received by the board shall be assigned a case	1013
number and be recorded by the board.	1014

(B) Investigations of alleged violations of this chapter or	1015
rules adopted under it shall be supervised by the supervising	1016
member elected by the board in accordance with section 4731.02 of	1017
the Revised Code and by the secretary as provided in section	1018
4730.33 of the Revised Code. The president may designate another	1019
member of the board to supervise the investigation in place of the	1020
supervising member. A member of the board who supervises the	1021
investigation of a case shall not participate in further	1022
adjudication of the case.	1023

(C) In investigating a possible violation of this chapter or	1024
a rule adopted under it, the board may administer oaths, order the	1025
taking of depositions, issue subpoenas, and compel the attendance	1026
of witnesses and production of books, accounts, papers, records,	1027
documents, and testimony, except that a subpoena for patient	1028
record information shall not be issued without consultation with	1029
the attorney general's office and approval of the secretary and	1030
supervising member of the board. Before issuance of a subpoena	1031
for patient record information, the secretary and supervising	1032
member shall determine whether there is probable cause to believe	1033
that the complaint filed alleges a violation of this chapter or a	1034
rule adopted under it and that the records sought are relevant to	1035
the alleged violation and material to the investigation. The	1036
subpoena may apply only to records that cover a reasonable period	1037
of time surrounding the alleged violation.	1038

On failure to comply with any subpoena issued by the board	1039
and after reasonable notice to the person being subpoenaed, the	1040
board may move for an order compelling the production of persons	1041
or records pursuant to the Rules of Civil Procedure.	1042

A subpoena issued by the board may be served by a sheriff,	1043
the sheriff's deputy, or a board employee designated by the board.	1044
Service of a subpoena issued by the board may be made by	1045
delivering a copy of the subpoena to the person named therein,	1046
reading it to the person, or leaving it at the person's usual	1047
place of residence. When the person being served is a physician	1048
assistant, service of the subpoena may be made by certified mail,	1049
restricted delivery, return receipt requested, and the subpoena	1050
shall be deemed served on the date delivery is made or the date	1051
the person refuses to accept delivery.	1052

A sheriff's deputy who serves a subpoena shall receive the	1053
same fees as a sheriff. Each witness who appears before the board	1054
in obedience to a subpoena shall receive the fees and mileage	1055
provided for witnesses in civil cases in the courts of common	1056
pleas.	1057

(D) All hearings and investigations of the board shall be	1058
considered civil actions for the purposes of section 2305.251	1059
2305.252 of the Revised Code.	1060

(E) Information received by the board pursuant to an	1061
investigation is confidential and not subject to discovery in any	1062
civil action.	1063

The board shall conduct all investigations and proceedings in	1064
a manner that protects the confidentiality of patients and persons	1065
who file complaints with the board. The board shall not make	1066
public the names or any other identifying information about	1067
patients or complainants unless proper consent is given or, in the	1068
case of a patient, a waiver of the patient privilege exists under	1069
division (B) of section 2317.02 of the Revised Code, except that	1070
consent or a waiver is not required if the board possesses	1071
reliable and substantial evidence that no bona fide	1072
physician-patient relationship exists.	1073

The board may share any information it receives pursuant to	1074
an investigation, including patient records and patient record	1075
information, with law enforcement agencies, other licensing	1076
boards, and other governmental agencies that are prosecuting,	1077
adjudicating, or investigating alleged violations of statutes or	1078
administrative rules. An agency or board that receives the	1079
information shall comply with the same requirements regarding	1080
confidentiality as those with which the state medical board must	1081
comply, notwithstanding any conflicting provision of the Revised	1082
Code or procedure of the agency or board that applies when it is	1083
dealing with other information in its possession. In a judicial	1084
proceeding, the information may be admitted into evidence only in	1085
accordance with the Rules of Evidence, but the court shall require	1086
that appropriate measures are taken to ensure that confidentiality	1087
is maintained with respect to any part of the information that	1088
contains names or other identifying information about patients or	1089
complainants whose confidentiality was protected by the state	1090
medical board when the information was in the board's possession.	1091
Measures to ensure confidentiality that may be taken by the court	1092
include sealing its records or deleting specific information from	1093
its records.	1094

(F) The state medical board shall develop requirements for	1095
and provide appropriate initial and continuing training for	1096
investigators employed by the board to carry out its duties under	1097
this chapter. The training and continuing education may include	1098
enrollment in courses operated or approved by the Ohio peace	1099
officer training council that the board considers appropriate	1100
under conditions set forth in section 109.79 of the Revised Code.	1101

(G) On a quarterly basis, the board shall prepare a report	1102
that documents the disposition of all cases during the preceding	1103
three months. The report shall contain the following information	1104
for each case with which the board has completed its activities:	1105

(1) The case number assigned to the complaint or alleged	1106
violation;	1107

(2) The type of certificate to practice, if any, held by the	1108
individual against whom the complaint is directed;	1109

(3) A description of the allegations contained in the	1110
complaint;	1111

(4) The disposition of the case.

1112

The report shall state how many cases are still pending, and	1113
shall be prepared in a manner that protects the identity of each	1114
person involved in each case. The report shall be submitted to	1115
the physician assistant policy committee of the board and is a	1116
public record for purposes of section 149.43 of the Revised Code.	1117

Sec. 4731.22.  (A) The state medical board, by an	1118
affirmative vote of not fewer than six of its members, may revoke	1119
or may refuse to grant a certificate to a person found by the	1120
board to have committed fraud during the administration of the	1121
examination for a certificate to practice or to have committed	1122
fraud, misrepresentation, or deception in applying for or securing	1123
any certificate to practice or certificate of registration issued	1124
by the board.	1125

(B) The board, by an affirmative vote of not fewer than six	1126
members, shall, to the extent permitted by law, limit, revoke, or	1127
suspend an individual's certificate to practice, refuse to	1128
register an individual, refuse to reinstate a certificate, or	1129
reprimand or place on probation the holder of a certificate for	1130
one or more of the following reasons:	1131

(1) Permitting one's name or one's certificate to practice	1132
or certificate of registration to be used by a person, group, or	1133
corporation when the individual concerned is not actually	1134
directing the treatment given;	1135

(2) Failure to maintain minimal standards applicable to the	1136
selection or administration of drugs, or failure to employ	1137
acceptable scientific methods in the selection of drugs or other	1138
modalities for treatment of disease;	1139

(3) Selling, giving away, personally furnishing,	1140
prescribing, or administering drugs for other than legal and	1141
legitimate therapeutic purposes or a plea of guilty to, a judicial	1142
finding of guilt of, or a judicial finding of eligibility for	1143
intervention in lieu of conviction of, a violation of any federal	1144
or state law regulating the possession, distribution, or use of	1145
any drug;	1146

(4) Willfully betraying a professional confidence.

1147

For purposes of this division, "willfully betraying a	1148
professional confidence" does not include providing any	1149
information, documents, or reports to a child fatality review	1150
board under sections 307.621 to 307.629 of the Revised Code and	1151
does not include the making of a report of an employee's use of a	1152
drug of abuse, or a report of a condition of an employee other	1153
than one involving the use of a drug of abuse, to the employer of	1154
the employee as described in division (B) of section 2305.33 of	1155
the Revised Code. Nothing in this division affects the immunity	1156
from civil liability conferred by that section upon a physician	1157
who makes either type of report in accordance with division (B) of	1158
that section. As used in this division, "employee," "employer,"	1159
and "physician" have the same meanings as in section 2305.33 of	1160
the Revised Code.	1161

(5) Making a false, fraudulent, deceptive, or misleading	1162
statement in the solicitation of or advertising for patients; in	1163
relation to the practice of medicine and surgery, osteopathic	1164
medicine and surgery, podiatric medicine and surgery, or a	1165
limited branch of medicine; or in securing or attempting to secure	1166
any certificate to practice or certificate of registration issued	1167
by the board.	1168

As used in this division, "false, fraudulent, deceptive, or	1169
misleading statement" means a statement that includes a	1170
misrepresentation of fact, is likely to mislead or deceive because	1171
of a failure to disclose material facts, is intended or is likely	1172
to create false or unjustified expectations of favorable results,	1173
or includes representations or implications that in reasonable	1174
probability will cause an ordinarily prudent person to	1175
misunderstand or be deceived.	1176

(6) A departure from, or the failure to conform to, minimal	1177
standards of care of similar practitioners under the same or	1178
similar circumstances, whether or not actual injury to a patient	1179
is established;	1180

(7) Representing, with the purpose of obtaining compensation	1181
or other advantage as personal gain or for any other person, that	1182
an incurable disease or injury, or other incurable condition, can	1183
be permanently cured;	1184

(8) The obtaining of, or attempting to obtain, money or	1185
anything of value by fraudulent misrepresentations in the course	1186
of practice;	1187

(9) A plea of guilty to, a judicial finding of guilt of, or	1188
a judicial finding of eligibility for intervention in lieu of	1189
conviction for, a felony;	1190

(10) Commission of an act that constitutes a felony in this	1191
state, regardless of the jurisdiction in which the act was	1192
committed;	1193

(11) A plea of guilty to, a judicial finding of guilt of, or	1194
a judicial finding of eligibility for intervention in lieu of	1195
conviction for, a misdemeanor committed in the course of practice;	1196

(12) Commission of an act in the course of practice that	1197
constitutes a misdemeanor in this state, regardless of the	1198
jurisdiction in which the act was committed;	1199

(13) A plea of guilty to, a judicial finding of guilt of, or	1200
a judicial finding of eligibility for intervention in lieu of	1201
conviction for, a misdemeanor involving moral turpitude;	1202

(14) Commission of an act involving moral turpitude that	1203
constitutes a misdemeanor in this state, regardless of the	1204
jurisdiction in which the act was committed;	1205

(15) Violation of the conditions of limitation placed by the	1206
board upon a certificate to practice;	1207

(16) Failure to pay license renewal fees specified in this	1208
chapter;	1209

(17) Except as authorized in section 4731.31 of the Revised	1210
Code, engaging in the division of fees for referral of patients,	1211
or the receiving of a thing of value in return for a specific	1212
referral of a patient to utilize a particular service or business;	1213

(18) Subject to section 4731.226 of the Revised Code,	1214
violation of any provision of a code of ethics of the American	1215
medical association, the American osteopathic association, the	1216
American podiatric medical association, or any other national	1217
professional organizations that the board specifies by rule. The	1218
state medical board shall obtain and keep on file current copies	1219
of the codes of ethics of the various national professional	1220
organizations. The individual whose certificate is being	1221
suspended or revoked shall not be found to have violated any	1222
provision of a code of ethics of an organization not appropriate	1223
to the individual's profession.	1224

For purposes of this division, a "provision of a code of	1225
ethics of a national professional organization" does not include	1226
any provision that would preclude the making of a report by a	1227
physician of an employee's use of a drug of abuse, or of a	1228
condition of an employee other than one involving the use of a	1229
drug of abuse, to the employer of the employee as described in	1230
division (B) of section 2305.33 of the Revised Code. Nothing in	1231
this division affects the immunity from civil liability conferred	1232
by that section upon a physician who makes either type of report	1233
in accordance with division (B) of that section. As used in this	1234
division, "employee," "employer," and "physician" have the same	1235
meanings as in section 2305.33 of the Revised Code.	1236

(19) Inability to practice according to acceptable and	1237
prevailing standards of care by reason of mental illness or	1238
physical illness, including, but not limited to, physical	1239
deterioration that adversely affects cognitive, motor, or	1240
perceptive skills.	1241

In enforcing this division, the board, upon a showing of a	1242
possible violation, may compel any individual authorized to	1243
practice by this chapter or who has submitted an application	1244
pursuant to this chapter to submit to a mental examination,	1245
physical examination, including an HIV test, or both a mental and	1246
a physical examination. The expense of the examination is the	1247
responsibility of the individual compelled to be examined. Failure	1248
to submit to a mental or physical examination or consent to an HIV	1249
test ordered by the board constitutes an admission of the	1250
allegations against the individual unless the failure is due to	1251
circumstances beyond the individual's control, and a default and	1252
final order may be entered without the taking of testimony or	1253
presentation of evidence. If the board finds an individual unable	1254
to practice because of the reasons set forth in this division, the	1255
board shall require the individual to submit to care, counseling,	1256
or treatment by physicians approved or designated by the board, as	1257
a condition for initial, continued, reinstated, or renewed	1258
authority to practice. An individual affected under this division	1259
shall be afforded an opportunity to demonstrate to the board the	1260
ability to resume practice in compliance with acceptable and	1261
prevailing standards under the provisions of the individual's	1262
certificate. For the purpose of this division, any individual who	1263
applies for or receives a certificate to practice under this	1264
chapter accepts the privilege of practicing in this state and, by	1265
so doing, shall be deemed to have given consent to submit to a	1266
mental or physical examination when directed to do so in writing	1267
by the board, and to have waived all objections to the	1268
admissibility of testimony or examination reports that constitute	1269
a privileged communication.	1270

(20) Except when civil penalties are imposed under section	1271
4731.225 or 4731.281 of the Revised Code, and subject to section	1272
4731.226 of the Revised Code, violating or attempting to violate,	1273
directly or indirectly, or assisting in or abetting the violation	1274
of, or conspiring to violate, any provisions of this chapter or	1275
any rule promulgated by the board.	1276

This division does not apply to a violation or attempted	1277
violation of, assisting in or abetting the violation of, or a	1278
conspiracy to violate, any provision of this chapter or any rule	1279
adopted by the board that would preclude the making of a report by	1280
a physician of an employee's use of a drug of abuse, or of a	1281
condition of an employee other than one involving the use of a	1282
drug of abuse, to the employer of the employee as described in	1283
division (B) of section 2305.33 of the Revised Code. Nothing in	1284
this division affects the immunity from civil liability conferred	1285
by that section upon a physician who makes either type of report	1286
in accordance with division (B) of that section. As used in this	1287
division, "employee," "employer," and "physician" have the same	1288
meanings as in section 2305.33 of the Revised Code.	1289

(21) The violation of any abortion rule adopted by the	1290
public health council pursuant to section 3701.341 of the Revised	1291
Code;	1292

(22) Any of the following actions taken by the agency	1293
responsible for regulating the practice of medicine and surgery,	1294
osteopathic medicine and surgery, podiatric medicine and surgery,	1295
or the limited branches of medicine in another jurisdiction, for	1296
any reason other than the nonpayment of fees: the limitation,	1297
revocation, or suspension of an individual's license to practice;	1298
acceptance of an individual's license surrender; denial of a	1299
license; refusal to renew or reinstate a license; imposition of	1300
probation; or issuance of an order of censure or other reprimand;	1301

(23) The violation of section 2919.12 of the Revised Code or	1302
the performance or inducement of an abortion upon a pregnant woman	1303
with actual knowledge that the conditions specified in division	1304
(B) of section 2317.56 of the Revised Code have not been satisfied	1305
or with a heedless indifference as to whether those conditions	1306
have been satisfied, unless an affirmative defense as specified in	1307
division (H)(2) of that section would apply in a civil action	1308
authorized by division (H)(1) of that section;	1309

(24) The revocation, suspension, restriction, reduction, or	1310
termination of clinical privileges by the United States department	1311
of defense or department of veterans affairs or the termination or	1312
suspension of a certificate of registration to prescribe drugs by	1313
the drug enforcement administration of the United States	1314
department of justice;	1315

(25) Termination or suspension from participation in the	1316
medicare or medicaid programs by the department of health and	1317
human services or other responsible agency for any act or acts	1318
that also would constitute a violation of division (B)(2), (3),	1319
(6), (8), or (19) of this section;	1320

(26) Impairment of ability to practice according to	1321
acceptable and prevailing standards of care because of habitual or	1322
excessive use or abuse of drugs, alcohol, or other substances that	1323
impair ability to practice.	1324

For the purposes of this division, any individual authorized	1325
to practice by this chapter accepts the privilege of practicing in	1326
this state subject to supervision by the board. By filing an	1327
application for or holding a certificate to practice under this	1328
chapter, an individual shall be deemed to have given consent to	1329
submit to a mental or physical examination when ordered to do so	1330
by the board in writing, and to have waived all objections to the	1331
admissibility of testimony or examination reports that constitute	1332
privileged communications.	1333

If it has reason to believe that any individual authorized to	1334
practice by this chapter or any applicant for certification to	1335
practice suffers such impairment, the board may compel the	1336
individual to submit to a mental or physical examination, or both.	1337
The expense of the examination is the responsibility of the	1338
individual compelled to be examined. Any mental or physical	1339
examination required under this division shall be undertaken by a	1340
treatment provider or physician who is qualified to conduct the	1341
examination and who is chosen by the board.	1342

Failure to submit to a mental or physical examination ordered	1343
by the board constitutes an admission of the allegations against	1344
the individual unless the failure is due to circumstances beyond	1345
the individual's control, and a default and final order may be	1346
entered without the taking of testimony or presentation of	1347
evidence. If the board determines that the individual's ability	1348
to practice is impaired, the board shall suspend the individual's	1349
certificate or deny the individual's application and shall require	1350
the individual, as a condition for initial, continued, reinstated,	1351
or renewed certification to practice, to submit to treatment.	1352

Before being eligible to apply for reinstatement of a	1353
certificate suspended under this division, the impaired	1354
practitioner shall demonstrate to the board the ability to resume	1355
practice in compliance with acceptable and prevailing standards of	1356
care under the provisions of the practitioner's certificate. The	1357
demonstration shall include, but shall not be limited to, the	1358
following:	1359

(a) Certification from a treatment provider approved under	1360
section 4731.25 of the Revised Code that the individual has	1361
successfully completed any required inpatient treatment;	1362

(b) Evidence of continuing full compliance with an aftercare	1363
contract or consent agreement;	1364

(c) Two written reports indicating that the individual's	1365
ability to practice has been assessed and that the individual has	1366
been found capable of practicing according to acceptable and	1367
prevailing standards of care. The reports shall be made by	1368
individuals or providers approved by the board for making the	1369
assessments and shall describe the basis for their determination.	1370

The board may reinstate a certificate suspended under this	1371
division after that demonstration and after the individual has	1372
entered into a written consent agreement.	1373

When the impaired practitioner resumes practice, the board	1374
shall require continued monitoring of the individual. The	1375
monitoring shall include, but not be limited to, compliance with	1376
the written consent agreement entered into before reinstatement or	1377
with conditions imposed by board order after a hearing, and, upon	1378
termination of the consent agreement, submission to the board for	1379
at least two years of annual written progress reports made under	1380
penalty of perjury stating whether the individual has maintained	1381
sobriety.	1382

(27) A second or subsequent violation of section 4731.66 or	1383
4731.69 of the Revised Code;	1384

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

1385

(a) Waiving the payment of all or any part of a deductible	1386
or copayment that a patient, pursuant to a health insurance or	1387
health care policy, contract, or plan that covers the individual's	1388
services, otherwise would be required to pay if the waiver is used	1389
as an enticement to a patient or group of patients to receive	1390
health care services from that individual;	1391

(b) Advertising that the individual will waive the payment	1392
of all or any part of a deductible or copayment that a patient,	1393
pursuant to a health insurance or health care policy, contract, or	1394
plan that covers the individual's services, otherwise would be	1395
required to pay.	1396

(29) Failure to use universal blood and body fluid	1397
precautions established by rules adopted under section 4731.051 of	1398
the Revised Code;	1399

(30) Failure of a collaborating physician to fulfill the	1400
responsibilities agreed to by the physician and an advanced	1401
practice nurse participating in a pilot program under section	1402
4723.52 of the Revised Code;	1403

(31) Failure to provide notice to, and receive	1404
acknowledgment of the notice from, a patient when required by	1405
section 4731.143 of the Revised Code prior to providing	1406
nonemergency professional services, or failure to maintain that	1407
notice in the patient's file;	1408

(32) Failure of a physician supervising a physician	1409
assistant to maintain supervision in accordance with the	1410
requirements of Chapter 4730. of the Revised Code and the rules	1411
adopted under that chapter;	1412

(33) Failure of a physician or podiatrist to enter into a	1413
standard care arrangement with a clinical nurse specialist,	1414
certified nurse-midwife, or certified nurse practitioner with whom	1415
the physician or podiatrist is in collaboration pursuant to	1416
section 4731.27 of the Revised Code or failure to fulfill the	1417
responsibilities of collaboration after entering into a standard	1418
care arrangement;	1419

(34) Failure to comply with the terms of a consult agreement	1420
entered into with a pharmacist pursuant to section 4729.39 of the	1421
Revised Code;	1422

(35) Failure to cooperate in an investigation conducted by	1423
the board under division (F) of this section, including failure to	1424
comply with a subpoena or order issued by the board or failure to	1425
answer truthfully a question presented by the board at a	1426
deposition or in written interrogatories, except that failure to	1427
cooperate with an investigation shall not constitute grounds for	1428
discipline under this section if a court of competent jurisdiction	1429
has issued an order that either quashes a subpoena or permits the	1430
individual to withhold the testimony or evidence in issue;	1431

(36) Failure to supervise an acupuncturist in accordance	1432
with Chapter 4762. of the Revised Code and the board's rules for	1433
supervision of an acupuncturist;	1434

(37) Failure to supervise an anesthesiologist assistant in	1435
accordance with Chapter 4760. of the Revised Code and the board's	1436
rules for supervision of an anesthesiologist assistant.	1437

(C) Disciplinary actions taken by the board under divisions	1438
(A) and (B) of this section shall be taken pursuant to an	1439
adjudication under Chapter 119. of the Revised Code, except that	1440
in lieu of an adjudication, the board may enter into a consent	1441
agreement with an individual to resolve an allegation of a	1442
violation of this chapter or any rule adopted under it. A consent	1443
agreement, when ratified by an affirmative vote of not fewer than	1444
six members of the board, shall constitute the findings and order	1445
of the board with respect to the matter addressed in the	1446
agreement. If the board refuses to ratify a consent agreement,	1447
the admissions and findings contained in the consent agreement	1448
shall be of no force or effect.	1449

(D) For purposes of divisions (B)(10), (12), and (14) of	1450
this section, the commission of the act may be established by a	1451
finding by the board, pursuant to an adjudication under Chapter	1452
119. of the Revised Code, that the individual committed the act.	1453
The board does not have jurisdiction under those divisions if the	1454
trial court renders a final judgment in the individual's favor and	1455
that judgment is based upon an adjudication on the merits. The	1456
board has jurisdiction under those divisions if the trial court	1457
issues an order of dismissal upon technical or procedural grounds.	1458

(E) The sealing of conviction records by any court shall	1459
have no effect upon a prior board order entered under this section	1460
or upon the board's jurisdiction to take action under this section	1461
if, based upon a plea of guilty, a judicial finding of guilt, or a	1462
judicial finding of eligibility for intervention in lieu of	1463
conviction, the board issued a notice of opportunity for a hearing	1464
prior to the court's order to seal the records. The board shall	1465
not be required to seal, destroy, redact, or otherwise modify its	1466
records to reflect the court's sealing of conviction records.	1467

(F)(1) The board shall investigate evidence that appears to	1468
show that a person has violated any provision of this chapter or	1469
any rule adopted under it. Any person may report to the board in	1470
a signed writing any information that the person may have that	1471
appears to show a violation of any provision of this chapter or	1472
any rule adopted under it. In the absence of bad faith, any	1473
person who reports information of that nature or who testifies	1474
before the board in any adjudication conducted under Chapter 119.	1475
of the Revised Code shall not be liable in damages in a civil	1476
action as a result of the report or testimony. Each complaint or	1477
allegation of a violation received by the board shall be assigned	1478
a case number and shall be recorded by the board.	1479

(2) Investigations of alleged violations of this chapter or	1480
any rule adopted under it shall be supervised by the supervising	1481
member elected by the board in accordance with section 4731.02 of	1482
the Revised Code and by the secretary as provided in section	1483
4731.39 of the Revised Code. The president may designate another	1484
member of the board to supervise the investigation in place of the	1485
supervising member. No member of the board who supervises the	1486
investigation of a case shall participate in further adjudication	1487
of the case.	1488

(3) In investigating a possible violation of this chapter or	1489
any rule adopted under this chapter, the board may administer	1490
oaths, order the taking of depositions, issue subpoenas, and	1491
compel the attendance of witnesses and production of books,	1492
accounts, papers, records, documents, and testimony, except that a	1493
subpoena for patient record information shall not be issued	1494
without consultation with the attorney general's office and	1495
approval of the secretary and supervising member of the board.	1496
Before issuance of a subpoena for patient record information, the	1497
secretary and supervising member shall determine whether there is	1498
probable cause to believe that the complaint filed alleges a	1499
violation of this chapter or any rule adopted under it and that	1500
the records sought are relevant to the alleged violation and	1501
material to the investigation. The subpoena may apply only to	1502
records that cover a reasonable period of time surrounding the	1503
alleged violation.	1504

On failure to comply with any subpoena issued by the board	1505
and after reasonable notice to the person being subpoenaed, the	1506
board may move for an order compelling the production of persons	1507
or records pursuant to the Rules of Civil Procedure.	1508

A subpoena issued by the board may be served by a sheriff,	1509
the sheriff's deputy, or a board employee designated by the board.	1510
Service of a subpoena issued by the board may be made by	1511
delivering a copy of the subpoena to the person named therein,	1512
reading it to the person, or leaving it at the person's usual	1513
place of residence. When the person being served is a person	1514
whose practice is authorized by this chapter, service of the	1515
subpoena may be made by certified mail, restricted delivery,	1516
return receipt requested, and the subpoena shall be deemed served	1517
on the date delivery is made or the date the person refuses to	1518
accept delivery.	1519

A sheriff's deputy who serves a subpoena shall receive the	1520
same fees as a sheriff. Each witness who appears before the board	1521
in obedience to a subpoena shall receive the fees and mileage	1522
provided for witnesses in civil cases in the courts of common	1523
pleas.	1524

(4) All hearings and investigations of the board shall be	1525
considered civil actions for the purposes of section 2305.251	1526
2305.252 of the Revised Code.	1527

(5) Information received by the board pursuant to an	1528
investigation is confidential and not subject to discovery in any	1529
civil action.	1530

The board shall conduct all investigations and proceedings in	1531
a manner that protects the confidentiality of patients and persons	1532
who file complaints with the board. The board shall not make	1533
public the names or any other identifying information about	1534
patients or complainants unless proper consent is given or, in the	1535
case of a patient, a waiver of the patient privilege exists under	1536
division (B) of section 2317.02 of the Revised Code, except that	1537
consent or a waiver of that nature is not required if the board	1538
possesses reliable and substantial evidence that no bona fide	1539
physician-patient relationship exists.	1540

The board may share any information it receives pursuant to	1541
an investigation, including patient records and patient record	1542
information, with law enforcement agencies, other licensing	1543
boards, and other governmental agencies that are prosecuting,	1544
adjudicating, or investigating alleged violations of statutes or	1545
administrative rules. An agency or board that receives the	1546
information shall comply with the same requirements regarding	1547
confidentiality as those with which the state medical board must	1548
comply, notwithstanding any conflicting provision of the Revised	1549
Code or procedure of the agency or board that applies when it is	1550
dealing with other information in its possession. In a judicial	1551
proceeding, the information may be admitted into evidence only in	1552
accordance with the Rules of Evidence, but the court shall require	1553
that appropriate measures are taken to ensure that confidentiality	1554
is maintained with respect to any part of the information that	1555
contains names or other identifying information about patients or	1556
complainants whose confidentiality was protected by the state	1557
medical board when the information was in the board's possession.	1558
Measures to ensure confidentiality that may be taken by the court	1559
include sealing its records or deleting specific information from	1560
its records.	1561

(6) On a quarterly basis, the board shall prepare a report	1562
that documents the disposition of all cases during the preceding	1563
three months. The report shall contain the following information	1564
for each case with which the board has completed its activities:	1565

(a) The case number assigned to the complaint or alleged	1566
violation;	1567

(b) The type of certificate to practice, if any, held by the	1568
individual against whom the complaint is directed;	1569

(c) A description of the allegations contained in the	1570
complaint;	1571

(d) The disposition of the case.

1572

The report shall state how many cases are still pending and	1573
shall be prepared in a manner that protects the identity of each	1574
person involved in each case. The report shall be a public record	1575
under section 149.43 of the Revised Code.	1576

(G) If the secretary and supervising member determine that	1577
there is clear and convincing evidence that an individual has	1578
violated division (B) of this section and that the individual's	1579
continued practice presents a danger of immediate and serious harm	1580
to the public, they may recommend that the board suspend the	1581
individual's certificate to practice without a prior hearing.	1582
Written allegations shall be prepared for consideration by the	1583
board.	1584

The board, upon review of those allegations and by an	1585
affirmative vote of not fewer than six of its members, excluding	1586
the secretary and supervising member, may suspend a certificate	1587
without a prior hearing. A telephone conference call may be	1588
utilized for reviewing the allegations and taking the vote on the	1589
summary suspension.	1590

The board shall issue a written order of suspension by	1591
certified mail or in person in accordance with section 119.07 of	1592
the Revised Code. The order shall not be subject to suspension by	1593
the court during pendency of any appeal filed under section 119.12	1594
of the Revised Code. If the individual subject to the summary	1595
suspension requests an adjudicatory hearing by the board, the date	1596
set for the hearing shall be within fifteen days, but not earlier	1597
than seven days, after the individual requests the hearing, unless	1598
otherwise agreed to by both the board and the individual.	1599

Any summary suspension imposed under this division shall	1600
remain in effect, unless reversed on appeal, until a final	1601
adjudicative order issued by the board pursuant to this section	1602
and Chapter 119. of the Revised Code becomes effective. The board	1603
shall issue its final adjudicative order within sixty days after	1604
completion of its hearing. A failure to issue the order within	1605
sixty days shall result in dissolution of the summary suspension	1606
order but shall not invalidate any subsequent, final adjudicative	1607
order.	1608

(H) If the board takes action under division (B)(9), (11),	1609
or (13) of this section and the judicial finding of guilt, guilty	1610
plea, or judicial finding of eligibility for intervention in lieu	1611
of conviction is overturned on appeal, upon exhaustion of the	1612
criminal appeal, a petition for reconsideration of the order may	1613
be filed with the board along with appropriate court documents.	1614
Upon receipt of a petition of that nature and supporting court	1615
documents, the board shall reinstate the individual's certificate	1616
to practice. The board may then hold an adjudication under	1617
Chapter 119. of the Revised Code to determine whether the	1618
individual committed the act in question. Notice of an	1619
opportunity for a hearing shall be given in accordance with	1620
Chapter 119. of the Revised Code. If the board finds, pursuant to	1621
an adjudication held under this division, that the individual	1622
committed the act or if no hearing is requested, the board may	1623
order any of the sanctions identified under division (B) of this	1624
section.	1625

(I) The certificate to practice issued to an individual	1626
under this chapter and the individual's practice in this state are	1627
automatically suspended as of the date the individual pleads	1628
guilty to, is found by a judge or jury to be guilty of, or is	1629
subject to a judicial finding of eligibility for intervention in	1630
lieu of conviction in this state or treatment or intervention in	1631
lieu of conviction in another jurisdiction for any of the	1632
following criminal offenses in this state or a substantially	1633
equivalent criminal offense in another jurisdiction: aggravated	1634
murder, murder, voluntary manslaughter, felonious assault,	1635
kidnapping, rape, sexual battery, gross sexual imposition,	1636
aggravated arson, aggravated robbery, or aggravated burglary.	1637
Continued practice after suspension shall be considered practicing	1638
without a certificate.	1639

The board shall notify the individual subject to the	1640
suspension by certified mail or in person in accordance with	1641
section 119.07 of the Revised Code. If an individual whose	1642
certificate is suspended under this division fails to make a	1643
timely request for an adjudication under Chapter 119. of the	1644
Revised Code, the board shall enter a final order permanently	1645
revoking the individual's certificate to practice.	1646

(J) If the board is required by Chapter 119. of the Revised	1647
Code to give notice of an opportunity for a hearing and if the	1648
individual subject to the notice does not timely request a hearing	1649
in accordance with section 119.07 of the Revised Code, the board	1650
is not required to hold a hearing, but may adopt, by an	1651
affirmative vote of not fewer than six of its members, a final	1652
order that contains the board's findings. In that final order,	1653
the board may order any of the sanctions identified under division	1654
(A) or (B) of this section.	1655

(K) Any action taken by the board under division (B) of this	1656
section resulting in a suspension from practice shall be	1657
accompanied by a written statement of the conditions under which	1658
the individual's certificate to practice may be reinstated. The	1659
board shall adopt rules governing conditions to be imposed for	1660
reinstatement. Reinstatement of a certificate suspended pursuant	1661
to division (B) of this section requires an affirmative vote of	1662
not fewer than six members of the board.	1663

(L) When the board refuses to grant a certificate to an	1664
applicant, revokes an individual's certificate to practice,	1665
refuses to register an applicant, or refuses to reinstate an	1666
individual's certificate to practice, the board may specify that	1667
its action is permanent. An individual subject to a permanent	1668
action taken by the board is forever thereafter ineligible to hold	1669
a certificate to practice and the board shall not accept an	1670
application for reinstatement of the certificate or for issuance	1671
of a new certificate.	1672

(M) Notwithstanding any other provision of the Revised Code,	1673
all of the following apply:	1674

(1) The surrender of a certificate issued under this chapter	1675
shall not be effective unless or until accepted by the board.	1676
Reinstatement of a certificate surrendered to the board requires	1677
an affirmative vote of not fewer than six members of the board.	1678

(2) An application for a certificate made under the	1679
provisions of this chapter may not be withdrawn without approval	1680
of the board.	1681

(3) Failure by an individual to renew a certificate of	1682
registration in accordance with this chapter shall not remove or	1683
limit the board's jurisdiction to take any disciplinary action	1684
under this section against the individual.	1685

(N) Sanctions shall not be imposed under division (B)(28) of	1686
this section against any person who waives deductibles and	1687
copayments as follows:	1688

(1) In compliance with the health benefit plan that	1689
expressly allows such a practice. Waiver of the deductibles or	1690
copayments shall be made only with the full knowledge and consent	1691
of the plan purchaser, payer, and third-party administrator.	1692
Documentation of the consent shall be made available to the board	1693
upon request.	1694

(2) For professional services rendered to any other person	1695
authorized to practice pursuant to this chapter, to the extent	1696
allowed by this chapter and rules adopted by the board.	1697

(O) Under the board's investigative duties described in this	1698
section and subject to division (F) of this section, the board	1699
shall develop and implement a quality intervention program	1700
designed to improve through remedial education the clinical and	1701
communication skills of individuals authorized under this chapter	1702
to practice medicine and surgery, osteopathic medicine and	1703
surgery, and podiatric medicine and surgery. In developing and	1704
implementing the quality intervention program, the board may do	1705
all of the following:	1706

(1) Offer in appropriate cases as determined by the board an	1707
educational and assessment program pursuant to an investigation	1708
the board conducts under this section;	1709

(2) Select providers of educational and assessment services,	1710
including a quality intervention program panel of case reviewers;	1711

(3) Make referrals to educational and assessment service	1712
providers and approve individual educational programs recommended	1713
by those providers. The board shall monitor the progress of each	1714
individual undertaking a recommended individual educational	1715
program.	1716

(4) Determine what constitutes successful completion of an	1717
individual educational program and require further monitoring of	1718
the individual who completed the program or other action that the	1719
board determines to be appropriate;	1720

(5) Adopt rules in accordance with Chapter 119. of the	1721
Revised Code to further implement the quality intervention	1722
program.	1723

An individual who participates in an individual educational	1724
program pursuant to this division shall pay the financial	1725
obligations arising from that educational program.	1726

Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the	1727
Revised Code shall not prohibit service in case of emergency,	1728
domestic administration of family remedies, or provision of	1729
assistance to another individual who is self-administering drugs.	1730

Sections 4731.01 to 4731.47 of the Revised Code shall not	1731
apply to any of the following:	1732

(1) A commissioned medical officer of the United States	1733
armed forces, as defined in section 5903.11 of the Revised Code,	1734
or an employee of the veterans administration of the United States	1735
or the United States public health service in the discharge of the	1736
officer's or employee's professional duties;	1737

(2) A dentist authorized under Chapter 4715. of the Revised	1738
Code to practice dentistry when engaged exclusively in the	1739
practice of dentistry or when administering anesthetics in the	1740
practice of dentistry;	1741

(3) A physician or surgeon in another state or territory	1742
who is a legal practitioner of medicine or surgery therein when	1743
providing consultation to an individual holding a certificate to	1744
practice issued under this chapter who is responsible for the	1745
examination, diagnosis, and treatment of the patient who is the	1746
subject of the consultation, if one of the following applies:	1747

(a) The physician or surgeon does not provide consultation	1748
in this state on a regular or frequent basis.	1749

(b) The physician or surgeon provides the consultation	1750
without compensation of any kind, direct or indirect, for the	1751
consultation.	1752

(c) The consultation is part of the curriculum of a medical	1753
school or osteopathic medical school of this state or a program	1754
described in division (A)(2) of section 4731.291 of the Revised	1755
Code.	1756

(4) A physician or surgeon in another state or territory who	1757
is a legal practitioner of medicine or surgery therein and	1758
provided services to a patient in that state or territory, when	1759
providing, not later than one year after the last date services	1760
were provided in another state or territory, follow-up services in	1761
person or through the use of any communication, including oral,	1762
written, or electronic communication, in this state to the patient	1763
for the same condition;	1764

(5) A physician or surgeon residing on the border of a	1765
contiguous state and authorized under the laws thereof to practice	1766
medicine and surgery therein, whose practice extends within the	1767
limits of this state. Such practitioner shall not either in	1768
person or through the use of any communication, including oral,	1769
written, or electronic communication, open an office or appoint a	1770
place to see patients or receive calls within the limits of this	1771
state.	1772

(6) A board, committee, or corporation engaged in the	1773
conduct described in division (A) of section 2305.252305.251 of	1774
the Revised Code when acting within the scope of the functions of	1775
the board, committee, or corporation;	1776

(7) The conduct of an independent review organization	1777
accredited by the superintendent of insurance under section	1778
3901.80 of the Revised Code for the purpose of external reviews	1779
conducted under sections 1751.84, 1751.85, 3923.67, 3923.68,	1780
3923.76, and 3923.77 of the Revised Code.	1781

(B) Sections 4731.51 to 4731.61 of the Revised Code do not	1782
apply to any graduate of a podiatric school or college while	1783
performing those acts that may be prescribed by or incidental to	1784
participation in an accredited podiatric internship, residency, or	1785
fellowship program situated in this state approved by the state	1786
medical board.	1787

(C) This chapter does not apply to an acupuncturist who	1788
complies with Chapter 4762. of the Revised Code.	1789

(D) This chapter does not prohibit the administration of	1790
drugs by any of the following:	1791

(1) An individual who is licensed or otherwise specifically	1792
authorized by the Revised Code to administer drugs;	1793

(2) An individual who is not licensed or otherwise	1794
specifically authorized by the Revised Code to administer drugs,	1795
but is acting pursuant to the rules for delegation of medical	1796
tasks adopted under section 4731.053 of the Revised Code;	1797

(3) An individual specifically authorized to administer	1798
drugs pursuant to a rule adopted under the Revised Code that is in	1799
effect on the effective date of this amendment, as long as the	1800
rule remains in effect, specifically authorizing an individual to	1801
administer drugs.	1802

(E) The exemptions described in divisions (A)(3), (4), and	1803
(5) of this section do not apply to a physician or surgeon whose	1804
certificate to practice issued under this chapter is under	1805
suspension or has been revoked or permanently revoked by action of	1806
the state medical board.	1807

Sec. 4734.45.  (A) The state chiropractic board shall	1808
investigate evidence that appears to show that a person has	1809
violated any provision of this chapter or the rules adopted under	1810
it. Any person may report to the board in writing or by other	1811
means any information the person has that appears to show a	1812
violation of any provision of this chapter or the rules adopted	1813
under it. In the absence of bad faith, a person who reports to	1814
the board, cooperates in an investigation, or testifies before the	1815
board in an adjudication shall not be liable for civil damages as	1816
a result of reporting, cooperating, or providing testimony.	1817

(B) Information received by the board pursuant to an	1818
investigation is confidential and not subject to discovery in any	1819
civil action, except that for good cause, the board or its	1820
executive director may disclose or authorize disclosure of	1821
information gathered pursuant to an investigation.	1822

The board and its employees may share appropriate information	1823
in the board's possession with any federal, state, or local law	1824
enforcement, prosecutorial, or regulatory agency or its officers	1825
or agents engaging in an investigation. The board and its	1826
employees may cooperate in any other manner with the agency or its	1827
officers or agents engaging in an investigation.	1828

An agency that receives confidential information shall comply	1829
with the same requirements regarding confidentiality as those with	1830
which the board must comply, notwithstanding any conflicting	1831
provision of the Revised Code or procedure of the agency that	1832
applies when the agency is dealing with other information in its	1833
possession. The information may be admitted into evidence in a	1834
criminal trial in accordance with the Rules of Evidence, or in an	1835
administrative hearing conducted by an agency, but the court or	1836
agency shall require that appropriate measures be taken to ensure	1837
that confidentiality is maintained with respect to any part of the	1838
information that contains names or other identifying information	1839
about patients, complainants, or others whose confidentiality was	1840
protected by the state chiropractic board when the information was	1841
in the board's possession. Measures to ensure confidentiality	1842
that may be taken by the court or agency include sealing its	1843
records or redacting specific information from its records.	1844

(C) All hearings and investigations of the board shall be	1845
considered civil actions for the purposes of section 2305.251	1846
2305.252 of the Revised Code.	1847

Sec. 4760.14.  (A) The state medical board shall investigate	1848
evidence that appears to show that any person has violated this	1849
chapter or the rules adopted under it. Any person may report to	1850
the board in a signed writing any information the person has that	1851
appears to show a violation of any provision of this chapter or	1852
the rules adopted under it. In the absence of bad faith, a person	1853
who reports such information or testifies before the board in an	1854
adjudication conducted under Chapter 119. of the Revised Code	1855
shall not be liable for civil damages as a result of reporting the	1856
information or providing testimony. Each complaint or allegation	1857
of a violation received by the board shall be assigned a case	1858
number and be recorded by the board.	1859

(B) Investigations of alleged violations of this chapter or	1860
rules adopted under it shall be supervised by the supervising	1861
member elected by the board in accordance with section 4731.02 of	1862
the Revised Code and by the secretary as provided in section	1863
4760.15 of the Revised Code. The board's president may designate	1864
another member of the board to supervise the investigation in	1865
place of the supervising member. A member of the board who	1866
supervises the investigation of a case shall not participate in	1867
further adjudication of the case.	1868

(C) In investigating a possible violation of this chapter or	1869
the rules adopted under it, the board may administer oaths, order	1870
the taking of depositions, issue subpoenas, and compel the	1871
attendance of witnesses and production of books, accounts, papers,	1872
records, documents, and testimony, except that a subpoena for	1873
patient record information shall not be issued without	1874
consultation with the attorney general's office and approval of	1875
the secretary and supervising member of the board. Before	1876
issuance of a subpoena for patient record information, the	1877
secretary and supervising member shall determine whether there is	1878
probable cause to believe that the complaint filed alleges a	1879
violation of this chapter or the rules adopted under it and that	1880
the records sought are relevant to the alleged violation and	1881
material to the investigation. The subpoena may apply only to	1882
records that cover a reasonable period of time surrounding the	1883
alleged violation.	1884

On failure to comply with any subpoena issued by the board	1885
and after reasonable notice to the person being subpoenaed, the	1886
board may move for an order compelling the production of persons	1887
or records pursuant to the Rules of Civil Procedure.	1888

A subpoena issued by the board may be served by a sheriff,	1889
the sheriff's deputy, or a board employee designated by the board.	1890
Service of a subpoena issued by the board may be made by	1891
delivering a copy of the subpoena to the person named therein,	1892
reading it to the person, or leaving it at the person's usual	1893
place of residence. When the person being served is an	1894
anesthesiologist assistant, service of the subpoena may be made by	1895
certified mail, restricted delivery, return receipt requested, and	1896
the subpoena shall be deemed served on the date delivery is made	1897
or the date the person refuses to accept delivery.	1898

A sheriff's deputy who serves a subpoena shall receive the	1899
same fees as a sheriff. Each witness who appears before the board	1900
in obedience to a subpoena shall receive the fees and mileage	1901
provided for witnesses in civil cases in the courts of common	1902
pleas.	1903

(D) All hearings and investigations of the board shall be	1904
considered civil actions for the purposes of section 2305.251	1905
2305.252 of the Revised Code.	1906

(E) Information received by the board pursuant to an	1907
investigation is confidential and not subject to discovery in any	1908
civil action.	1909

The board shall conduct all investigations and proceedings in	1910
a manner that protects the confidentiality of patients and persons	1911
who file complaints with the board. The board shall not make	1912
public the names or any other identifying information about	1913
patients or complainants unless proper consent is given.	1914

The board may share any information it receives pursuant to	1915
an investigation, including patient records and patient record	1916
information, with law enforcement agencies, other licensing	1917
boards, and other governmental agencies that are prosecuting,	1918
adjudicating, or investigating alleged violations of statutes or	1919
administrative rules. An agency or board that receives the	1920
information shall comply with the same requirements regarding	1921
confidentiality as those with which the state medical board must	1922
comply, notwithstanding any conflicting provision of the Revised	1923
Code or procedure of the agency or board that applies when it is	1924
dealing with other information in its possession. In a judicial	1925
proceeding, the information may be admitted into evidence only in	1926
accordance with the Rules of Evidence, but the court shall require	1927
that appropriate measures are taken to ensure that confidentiality	1928
is maintained with respect to any part of the information that	1929
contains names or other identifying information about patients or	1930
complainants whose confidentiality was protected by the state	1931
medical board when the information was in the board's possession.	1932
Measures to ensure confidentiality that may be taken by the court	1933
include sealing its records or deleting specific information from	1934
its records.	1935

(F) The state medical board shall develop requirements for	1936
and provide appropriate initial training and continuing education	1937
for investigators employed by the board to carry out its duties	1938
under this chapter. The training and continuing education may	1939
include enrollment in courses operated or approved by the Ohio	1940
peace officer training council that the board considers	1941
appropriate under conditions set forth in section 109.79 of the	1942
Revised Code.	1943

(G) On a quarterly basis, the board shall prepare a report	1944
that documents the disposition of all cases during the preceding	1945
three months. The report shall contain the following information	1946
for each case with which the board has completed its activities:	1947

(1) The case number assigned to the complaint or alleged	1948
violation;	1949

(2) The type of certificate to practice, if any, held by the	1950
individual against whom the complaint is directed;	1951

(3) A description of the allegations contained in the	1952
complaint;	1953

(4) The disposition of the case.

1954

The report shall state how many cases are still pending, and	1955
shall be prepared in a manner that protects the identity of each	1956
person involved in each case. The report is a public record for	1957
purposes of section 149.43 of the Revised Code.	1958

Sec. 4762.14.  (A) The state medical board shall investigate	1959
evidence that appears to show that any person has violated this	1960
chapter or the rules adopted under it. Any person may report to	1961
the board in a signed writing any information the person has that	1962
appears to show a violation of any provision of this chapter or	1963
the rules adopted under it. In the absence of bad faith, a person	1964
who reports such information or testifies before the board in an	1965
adjudication conducted under Chapter 119. of the Revised Code	1966
shall not be liable for civil damages as a result of reporting the	1967
information or providing testimony. Each complaint or allegation	1968
of a violation received by the board shall be assigned a case	1969
number and be recorded by the board.	1970

(B) Investigations of alleged violations of this chapter or	1971
rules adopted under it shall be supervised by the supervising	1972
member elected by the board in accordance with section 4731.02 of	1973
the Revised Code and by the secretary as provided in section	1974
4762.15 of the Revised Code. The board's president may designate	1975
another member of the board to supervise the investigation in	1976
place of the supervising member. A member of the board who	1977
supervises the investigation of a case shall not participate in	1978
further adjudication of the case.	1979

(C) In investigating a possible violation of this chapter or	1980
the rules adopted under it, the board may administer oaths, order	1981
the taking of depositions, issue subpoenas, and compel the	1982
attendance of witnesses and production of books, accounts, papers,	1983
records, documents, and testimony, except that a subpoena for	1984
patient record information shall not be issued without	1985
consultation with the attorney general's office and approval of	1986
the secretary and supervising member of the board. Before	1987
issuance of a subpoena for patient record information, the	1988
secretary and supervising member shall determine whether there is	1989
probable cause to believe that the complaint filed alleges a	1990
violation of this chapter or the rules adopted under it and that	1991
the records sought are relevant to the alleged violation and	1992
material to the investigation. The subpoena may apply only to	1993
records that cover a reasonable period of time surrounding the	1994
alleged violation.	1995

On failure to comply with any subpoena issued by the board	1996
and after reasonable notice to the person being subpoenaed, the	1997
board may move for an order compelling the production of persons	1998
or records pursuant to the Rules of Civil Procedure.	1999

A subpoena issued by the board may be served by a sheriff,	2000
the sheriff's deputy, or a board employee designated by the board.	2001
Service of a subpoena issued by the board may be made by	2002
delivering a copy of the subpoena to the person named therein,	2003
reading it to the person, or leaving it at the person's usual	2004
place of residence. When the person being served is an	2005
acupuncturist, service of the subpoena may be made by certified	2006
mail, restricted delivery, return receipt requested, and the	2007
subpoena shall be deemed served on the date delivery is made or	2008
the date the person refuses to accept delivery.	2009

A sheriff's deputy who serves a subpoena shall receive the	2010
same fees as a sheriff. Each witness who appears before the board	2011
in obedience to a subpoena shall receive the fees and mileage	2012
provided for witnesses in civil cases in the courts of common	2013
pleas.	2014

(D) All hearings and investigations of the board shall be	2015
considered civil actions for the purposes of section 2305.251	2016
2305.252 of the Revised Code.	2017

(E) Information received by the board pursuant to an	2018
investigation is confidential and not subject to discovery in any	2019
civil action.	2020

The board shall conduct all investigations and proceedings in	2021
a manner that protects the confidentiality of patients and persons	2022
who file complaints with the board. The board shall not make	2023
public the names or any other identifying information about	2024
patients or complainants unless proper consent is given.	2025

The board may share any information it receives pursuant to	2026
an investigation, including patient records and patient record	2027
information, with law enforcement agencies, other licensing	2028
boards, and other governmental agencies that are prosecuting,	2029
adjudicating, or investigating alleged violations of statutes or	2030
administrative rules. An agency or board that receives the	2031
information shall comply with the same requirements regarding	2032
confidentiality as those with which the state medical board must	2033
comply, notwithstanding any conflicting provision of the Revised	2034
Code or procedure of the agency or board that applies when it is	2035
dealing with other information in its possession. In a judicial	2036
proceeding, the information may be admitted into evidence only in	2037
accordance with the Rules of Evidence, but the court shall require	2038
that appropriate measures are taken to ensure that confidentiality	2039
is maintained with respect to any part of the information that	2040
contains names or other identifying information about patients or	2041
complainants whose confidentiality was protected by the state	2042
medical board when the information was in the board's possession.	2043
Measures to ensure confidentiality that may be taken by the court	2044
include sealing its records or deleting specific information from	2045
its records.	2046

(F) The state medical board shall develop requirements for	2047
and provide appropriate initial training and continuing education	2048
for investigators employed by the board to carry out its duties	2049
under this chapter. The training and continuing education may	2050
include enrollment in courses operated or approved by the Ohio	2051
peace officer training council that the board considers	2052
appropriate under conditions set forth in section 109.79 of the	2053
Revised Code.	2054

(G) On a quarterly basis, the board shall prepare a report	2055
that documents the disposition of all cases during the preceding	2056
three months. The report shall contain the following information	2057
for each case with which the board has completed its activities:	2058

(1) The case number assigned to the complaint or alleged	2059
violation;	2060

(2) The type of certificate to practice, if any, held by the	2061
individual against whom the complaint is directed;	2062

(3) A description of the allegations contained in the	2063
complaint;	2064

(4) The disposition of the case.

2065

The report shall state how many cases are still pending, and	2066
shall be prepared in a manner that protects the identity of each	2067
person involved in each case. The report is a public record for	2068
purposes of section 149.43 of the Revised Code.	2069

Section 2. That existing sections 109.36, 1751.21, 2305.25,	2070
2305.251, 2305.38, 3701.74, 4715.03, 4723.28, 4730.26, 4731.22,	2071
4731.36, 4734.45, 4760.14, and 4762.14 of the Revised Code are	2072
hereby repealed.	2073

Section 3.  Section 3701.74 of the Revised Code is presented	2074
in this act as a composite of the section as amended by both Am.	2075
Sub. H.B. 508 and Sub. H.B. 506 of the 123rd General Assembly. The	2076
General Assembly, applying the principle stated in division (B) of	2077
section 1.52 of the Revised Code that amendments are to be	2078
harmonized if reasonably capable of simultaneous operation, finds	2079
that the composite is the resulting version of the section in	2080
effect prior to the effective date of the section as presented in	2081
this act.	2082