| Sec. 2919.123. (A) No person shall knowingly give, sell, | 8 |
|
dispense, administer, otherwise provide, or prescribe RU-486 | 9 |
|
(mifepristone) to
another for the purpose of inducing an abortion | 10 |
|
in any person or
enabling the other person to induce an abortion | 11 |
|
in any person,
unless the person who gives, sells, dispenses, | 12 |
| administers, or
otherwise provides or prescribes the RU-486 | 13 |
| (mifepristone) is a
physician, the physician satisfies all the | 14 |
| criteria established by
federal law that a physician must satisfy | 15 |
| in order to provide RU-486 (mifepristone) for inducing
abortions, | 16 |
| and the physician provides the RU-486 (mifepristone) to the other | 17 |
| person for the purpose
of inducing an abortion in accordance with | 18 |
| all provisions of
federal law that govern the use of RU-486 | 19 |
| (mifepristone) for
inducing abortions. A person who gives, sells, | 20 |
| dispenses, administers, otherwise provides, or prescribes RU-486 | 21 |
| (mifepristone) to another as described in division (A) of this | 22 |
| section shall not be prosecuted based on a violation of the | 23 |
| criteria contained in this division unless the person knows that | 24 |
| the person is not a physician, that the person did not satisfy all | 25 |
| the specified criteria established by federal law, or that the | 26 |
| person did not provide the RU-486 (mifepristone) in accordance | 27 |
| with the specified provisions of federal law, whichever is | 28 |
| applicable. | 29 |
|
(C)(1) If a physician provides RU-486 (mifepristone) to | 37 |
| another for the purpose of inducing an
abortion as authorized | 38 |
| under division (A) of this section and if
the physician knows that | 39 |
| the person who uses the RU-486 (mifepristone) for the purpose of | 40 |
|
inducing an abortion experiences during or after the use an | 41 |
|
incomplete abortion, severe bleeding, or an adverse reaction to | 42 |
|
the RU-486 (mifepristone) or is hospitalized, receives a | 43 |
|
transfusion, or experiences any other serious event, the physician | 44 |
|
promptly must provide a written report of the incomplete abortion, | 45 |
|
severe bleeding, adverse reaction, hospitalization, transfusion, | 46 |
|
or serious event to the state medical board. The board shall | 47 |
|
compile and retain all reports it receives under this division. | 48 |
|
Except as otherwise provided in this division, all reports the | 49 |
|
board receives under this division are public records open to | 50 |
|
inspection under section 149.43 of the Revised Code. In no case | 51 |
|
shall the board release to any person the name or any other | 52 |
|
personal identifying information regarding a person who uses | 53 |
|
RU-486 (mifepristone) for the purpose of inducing an abortion and | 54 |
|
who is the subject of a report the board receives under this | 55 |
|
division. | 56 |
| (E) Whoever violates this section is guilty of unlawful | 77 |
|
distribution of an abortion-inducing drug, a felony of the fourth | 78 |
|
degree. If the offender previously has been convicted of or | 79 |
|
pleaded guilty to a violation of this section or of section | 80 |
|
2919.12, 2919.121, 2919.13, 2919.14, 2919.151, 2919.17, or 2919.18 | 81 |
|
of the Revised Code, unlawful distribution of an abortion-inducing | 82 |
|
drug is a felony of the third degree. | 83 |
| If the offender is a professionally licensed person, in | 84 |
|
addition to any other sanction imposed by law for the offense, the | 85 |
|
offender is subject to sanctioning as provided by law by the | 86 |
|
regulatory or licensing board or agency that has the | 87 |
|
administrative authority to suspend or revoke the offender's | 88 |
|
professional license, including the sanctioning provided in | 89 |
|
section 4731.22 of the Revised Code for offenders who have a | 90 |
|
certificate to practice or certificate of registration issued | 91 |
|
under that chapter. | 92 |
| (2) Apply to the sale of oxygen, peritoneal dialysis | 113 |
|
solutions, or the sale of
drugs that are not dangerous drugs by a | 114 |
| retail
dealer, in original packages when
labeled as required by | 115 |
| the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), | 116 |
| 21 U.S.C.A. 301, as amended. | 117 |
| (B) When a prescriber
personally furnishes drugs to a patient | 118 |
| pursuant to division
(A)(1) of this section, the
prescriber shall | 119 |
| ensure that the drugs are labeled and packaged
in accordance with | 120 |
| state and federal drug laws and any rules and
regulations adopted | 121 |
| pursuant to those laws. Records of purchase
and disposition of all | 122 |
| drugs personally furnished to patients
shall be maintained by the | 123 |
| prescriber in accordance with state
and federal drug statutes and | 124 |
| any rules adopted
pursuant to those statutes. | 125 |
| Sec. 4731.22. (A) The state medical board,
by an
affirmative | 131 |
| vote of not fewer than six of its members,
may revoke
or may | 132 |
|
refuse to grant a certificate to a person found by the
board to | 133 |
|
have committed fraud during the administration of the
examination | 134 |
| for a certificate to practice or to have
committed
fraud, | 135 |
| misrepresentation, or deception in applying for
or securing
any | 136 |
| certificate to practice or certificate of
registration issued
by | 137 |
| the board. | 138 |
| (B) The board, by an affirmative
vote of not fewer than
six | 139 |
|
members, shall, to the extent permitted by law, limit,
revoke, or | 140 |
|
suspend an individual's certificate to
practice, refuse to | 141 |
|
register an individual, refuse
to reinstate a certificate, or | 142 |
|
reprimand or place on
probation the
holder of a certificate for | 143 |
|
one or more of the following reasons: | 144 |
| (3) Selling, giving away, personally furnishing,
prescribing, | 153 |
| or
administering drugs for other than legal and
legitimate | 154 |
| therapeutic purposes
or a plea of guilty to, a judicial
finding of | 155 |
| guilt of, or a
judicial finding of eligibility for
intervention in | 156 |
|
lieu of conviction
of, a violation of any federal
or state law | 157 |
| regulating the possession,
distribution, or use of
any drug; | 158 |
| For purposes of this division, "willfully betraying a | 160 |
|
professional
confidence" does not include providing any | 161 |
|
information, documents, or reports
to a child fatality review | 162 |
|
board under sections 307.621 to 307.629 of the
Revised Code and | 163 |
|
does not include the making of a report of an
employee's use of a | 164 |
|
drug of abuse, or a report of a condition of
an employee other | 165 |
|
than one involving the use of a drug of abuse,
to the employer of | 166 |
|
the employee as described in division (B) of
section 2305.33 of | 167 |
|
the Revised Code.
Nothing in this division
affects the immunity | 168 |
|
from
civil liability conferred by that section upon a physician | 169 |
|
who
makes either type of report in accordance with division (B) of | 170 |
|
that section. As used in this division, "employee," "employer," | 171 |
|
and "physician" have the same meanings as in section 2305.33 of | 172 |
|
the Revised Code. | 173 |
| (5) Making a false, fraudulent,
deceptive, or misleading | 174 |
|
statement
in the solicitation of or advertising
for patients; in | 175 |
|
relation
to the practice of medicine and surgery, osteopathic | 176 |
|
medicine
and surgery, podiatric medicine and surgery, or a
limited | 177 |
| branch of medicine;
or in securing or attempting to secure
any | 178 |
| certificate
to practice or certificate of registration issued
by | 179 |
| the board. | 180 |
| As used in this division, "false, fraudulent, deceptive, or | 181 |
|
misleading statement" means a statement that includes a | 182 |
|
misrepresentation of fact, is likely to mislead or deceive
because | 183 |
|
of a failure to disclose material facts, is intended or
is likely | 184 |
|
to create false or unjustified expectations of
favorable results, | 185 |
|
or includes representations or implications
that in reasonable | 186 |
|
probability will cause an ordinarily prudent
person to | 187 |
|
misunderstand or be deceived. | 188 |
| (18) Subject to section 4731.226 of the Revised Code, | 226 |
|
violation of
any provision of a code of ethics
of the American | 227 |
|
medical association, the American osteopathic
association, the | 228 |
|
American podiatric medical association, or any
other national | 229 |
|
professional organizations that
the board specifies by
rule. The | 230 |
|
state medical board shall
obtain and keep on file current copies | 231 |
|
of the codes of ethics of
the various national professional | 232 |
|
organizations. The
individual whose certificate is being
suspended | 233 |
| or
revoked
shall not be found to have violated any
provision of a | 234 |
| code of
ethics of an organization not appropriate
to the | 235 |
|
individual's profession. | 236 |
| For purposes of this division, a "provision of a code
of | 237 |
|
ethics of a national professional organization" does not
include | 238 |
|
any provision that would preclude the making of a
report by a | 239 |
|
physician of an employee's use of a drug of abuse, or
of a | 240 |
|
condition of an employee other than one involving the use of
a | 241 |
|
drug of abuse, to the employer of the employee as described in | 242 |
|
division (B) of section 2305.33 of the Revised Code. Nothing
in | 243 |
|
this division affects the
immunity from civil liability conferred | 244 |
|
by that section upon a
physician who makes either type of report | 245 |
|
in accordance with
division (B) of that section. As used in this | 246 |
|
division,
"employee," "employer," and "physician" have the same | 247 |
|
meanings as
in section 2305.33 of the Revised Code. | 248 |
| In enforcing this division, the board, upon a
showing of a | 254 |
|
possible violation, may compel any individual
authorized to | 255 |
|
practice by this chapter or
who has
submitted an application | 256 |
|
pursuant to this chapter
to submit to a mental examination, | 257 |
|
physical
examination, including an HIV test, or both a mental
and | 258 |
|
a physical
examination. The expense of the
examination is the | 259 |
|
responsibility of the individual compelled to be
examined.
Failure | 260 |
|
to submit to a mental or physical examination
or consent
to an HIV | 261 |
|
test ordered by the board
constitutes an admission of
the | 262 |
|
allegations against the
individual
unless the failure is due
to | 263 |
|
circumstances beyond the individual's control,
and a default
and | 264 |
|
final order may be entered without the taking
of testimony or | 265 |
|
presentation of evidence. If the board finds an
individual unable | 266 |
|
to practice because of the reasons
set forth in
this division, the | 267 |
|
board shall require the individual
to submit to
care, counseling, | 268 |
|
or treatment by physicians approved or
designated by the board, as | 269 |
|
a condition for initial, continued,
reinstated, or renewed | 270 |
|
authority to practice. An
individual
affected under this division | 271 |
|
shall be
afforded an opportunity to demonstrate to the board the | 272 |
|
ability to
resume practice in compliance with acceptable and | 273 |
|
prevailing
standards under the provisions of the individual's | 274 |
|
certificate.
For the
purpose of this division, any individual who | 275 |
|
applies for or receives a certificate to
practice under this | 276 |
|
chapter accepts the privilege of
practicing in
this state and, by | 277 |
|
so doing, shall be
deemed to have given consent to submit to a | 278 |
|
mental or
physical examination when directed to do so in writing | 279 |
|
by the
board, and to have waived all objections to the | 280 |
|
admissibility of
testimony or examination reports that constitute | 281 |
|
a privileged
communication. | 282 |
| (20) Except when civil penalties are imposed under section | 283 |
|
4731.225
or 4731.281 of the Revised Code, and subject to section | 284 |
|
4731.226 of the Revised Code, violating or
attempting to violate, | 285 |
|
directly or indirectly, or assisting in or
abetting the violation | 286 |
|
of, or conspiring to violate, any
provisions of this chapter or | 287 |
|
any rule promulgated by the board. | 288 |
| This division does not apply to a violation or attempted | 289 |
|
violation of, assisting in or abetting the violation of, or a | 290 |
|
conspiracy to violate, any provision of this chapter or any rule | 291 |
|
adopted by the board that would preclude the making
of a
report by | 292 |
|
a physician of an employee's use of a drug of abuse, or
of a | 293 |
|
condition of an employee other than one involving the use of
a | 294 |
|
drug of abuse, to the employer of the employee as described in | 295 |
|
division (B) of section 2305.33 of the Revised Code. Nothing
in | 296 |
|
this division affects the
immunity from civil liability conferred | 297 |
|
by that section upon a
physician who makes either type of report | 298 |
|
in accordance with
division (B) of that section. As used in this | 299 |
|
division,
"employee," "employer," and "physician" have the same | 300 |
|
meanings as
in section 2305.33 of the Revised Code. | 301 |
| (22) Any of the following actions taken by the agency | 304 |
|
responsible for regulating the practice of medicine and surgery, | 305 |
|
osteopathic
medicine and surgery, podiatric medicine and surgery, | 306 |
|
or the limited branches of medicine in
another jurisdiction, for | 307 |
|
any reason other than the
nonpayment of fees: the
limitation, | 308 |
|
revocation, or suspension of an individual's license
to practice; | 309 |
|
acceptance of an
individual's license surrender; denial of a | 310 |
|
license; refusal to
renew or reinstate
a license; imposition of | 311 |
|
probation; or
issuance of an order of censure or other reprimand; | 312 |
| (23) The violation of section 2919.12 of the Revised Code
or | 313 |
|
the performance or inducement of an abortion upon a pregnant
woman | 314 |
|
with actual knowledge that the conditions specified in
division | 315 |
|
(B) of section 2317.56 of the Revised Code have not been
satisfied | 316 |
|
or with a heedless indifference as to whether those
conditions | 317 |
|
have been satisfied, unless an affirmative defense as
specified in | 318 |
|
division (H)(2) of that section would apply in a
civil action | 319 |
|
authorized by division (H)(1) of that section; | 320 |
| For the purposes of this division, any individual authorized | 336 |
|
to practice
by this chapter accepts
the privilege of
practicing in | 337 |
|
this state subject to supervision by the board. By
filing an | 338 |
|
application for or
holding a
certificate to practice under this | 339 |
|
chapter, an
individual shall
be deemed to have given consent to | 340 |
|
submit to a mental or
physical examination when ordered to do so | 341 |
|
by the board in
writing, and to have waived all objections to the | 342 |
|
admissibility
of testimony or examination reports that constitute | 343 |
|
privileged
communications. | 344 |
| If it has reason to believe that any individual authorized to | 345 |
|
practice by
this chapter or any applicant for
certification to | 346 |
|
practice suffers such impairment, the board may compel
the | 347 |
|
individual to submit to a mental or physical examination, or
both. | 348 |
|
The expense of the examination is the
responsibility of the | 349 |
|
individual
compelled to be examined. Any
mental or physical | 350 |
|
examination required under this division shall
be undertaken by a | 351 |
|
treatment provider or physician who is qualified to
conduct the | 352 |
|
examination and who is chosen by the
board. | 353 |
| Failure to submit to a mental or physical
examination ordered | 354 |
|
by the board constitutes an admission of the
allegations against | 355 |
|
the individual unless the failure is due to
circumstances beyond | 356 |
|
the individual's control, and a default and
final order may be | 357 |
|
entered without the taking of testimony or
presentation of | 358 |
|
evidence. If the board determines that the
individual's ability
to | 359 |
| practice is impaired, the board shall
suspend the individual's | 360 |
|
certificate or deny the
individual's application and shall require | 361 |
|
the individual, as a condition for initial, continued,
reinstated, | 362 |
|
or renewed certification to practice, to
submit to treatment. | 363 |
| When the impaired practitioner resumes practice, the board | 385 |
|
shall
require continued
monitoring of the individual. The | 386 |
|
monitoring shall include, but not be
limited to, compliance with | 387 |
|
the written consent agreement entered
into before reinstatement or | 388 |
|
with conditions imposed by board
order after a hearing, and, upon | 389 |
|
termination of the consent
agreement, submission to the board for | 390 |
|
at least two years of
annual written progress reports made under | 391 |
|
penalty of perjury
stating whether the individual has maintained | 392 |
|
sobriety. | 393 |
| (35) Failure to cooperate in an investigation conducted by | 434 |
|
the board under division (F) of this section, including
failure to | 435 |
|
comply with a subpoena or order issued by the board
or failure to | 436 |
|
answer truthfully a question presented by the
board at a | 437 |
|
deposition or in written interrogatories, except that
failure to | 438 |
|
cooperate with an investigation shall not constitute
grounds for | 439 |
|
discipline under this section if a court of
competent jurisdiction | 440 |
|
has issued an order that either quashes a
subpoena or permits the | 441 |
|
individual to withhold the testimony or
evidence in issue; | 442 |
| (C) Disciplinary actions taken by the board under divisions | 451 |
|
(A) and (B) of this section shall be taken pursuant to an | 452 |
|
adjudication under Chapter 119. of the Revised Code, except that | 453 |
|
in lieu of an
adjudication, the board may enter into a consent | 454 |
|
agreement with an
individual to resolve an allegation of a | 455 |
|
violation of this chapter or any rule
adopted under it. A consent | 456 |
|
agreement, when ratified by an
affirmative vote of not fewer than | 457 |
|
six members of the board,
shall constitute the findings and order | 458 |
|
of the board with
respect to the matter addressed in the | 459 |
|
agreement. If the board
refuses to ratify a consent agreement,
the | 460 |
| admissions and
findings contained in the consent agreement
shall | 461 |
| be of no force
or effect. | 462 |
| If the board takes disciplinary action against an individual | 463 |
|
under division (B) of this section for a second or subsequent plea | 464 |
|
of guilty to, or judicial finding of guilt of, a violation of | 465 |
|
section 2919.123 of the Revised Code, the disciplinary action | 466 |
|
shall consist of a suspension of the individual's certificate to | 467 |
|
practice for a period of at least one year or, if determined | 468 |
|
appropriate by the board, a more serious sanction involving the | 469 |
|
individual's certificate to practice. Any consent agreement | 470 |
|
entered into under this division with an individual that pertains | 471 |
|
to a second or subsequent plea of guilty to, or judicial finding | 472 |
|
of guilt of, a violation of that section shall provide for a | 473 |
|
suspension of the individual's certificate to practice for a | 474 |
|
period of at least one year or, if determined appropriate by the | 475 |
|
board, a more serious sanction involving the individual's | 476 |
|
certificate to practice. | 477 |
| (D) For purposes of divisions (B)(10), (12), and (14) of
this | 478 |
|
section, the commission of the act may be established by a
finding | 479 |
| by the board, pursuant to an adjudication under
Chapter
119. of | 480 |
| the Revised Code, that the individual committed the act.
The board | 481 |
|
does not have jurisdiction under those divisions if
the
trial | 482 |
| court renders a final judgment in the individual's favor and
that | 483 |
| judgment is based upon an
adjudication on
the merits. The
board | 484 |
| has jurisdiction under those
divisions if the trial court
issues | 485 |
| an order of
dismissal upon technical or procedural grounds. | 486 |
| (E) The sealing of conviction records by any court shall
have | 487 |
|
no effect upon a prior board order entered under this section
or | 488 |
| upon the board's jurisdiction to take action under this section | 489 |
|
if,
based upon a plea of guilty,
a judicial finding of guilt, or a | 490 |
|
judicial finding of eligibility for intervention in
lieu of | 491 |
|
conviction, the board issued a notice of opportunity for
a hearing | 492 |
|
prior to the court's order to seal the records. The
board shall | 493 |
|
not be required to seal, destroy, redact, or
otherwise modify its | 494 |
|
records to reflect the court's sealing of
conviction records. | 495 |
| (F)(1) The board shall investigate evidence that appears
to | 496 |
|
show that a person has violated any provision of this
chapter or | 497 |
|
any rule adopted under it. Any person may report to the board
in
a | 498 |
| signed writing
any information that the person may have that | 499 |
|
appears to show a
violation of any provision of this chapter or | 500 |
|
any rule
adopted under it. In the absence of bad
faith, any
person | 501 |
| who reports information of that nature or who testifies
before the | 502 |
| board in any adjudication conducted under
Chapter 119.
of the | 503 |
| Revised Code shall not be liable
in damages in a civil
action as a | 504 |
| result of the report or
testimony. Each
complaint or
allegation of | 505 |
| a violation received by the
board shall be assigned
a case number | 506 |
| and shall be recorded by
the board. | 507 |
| (2) Investigations of alleged violations of this chapter or | 508 |
|
any rule
adopted under it shall
be supervised by the supervising | 509 |
|
member elected by the board in
accordance with section 4731.02 of | 510 |
|
the Revised Code and by the
secretary as provided in section | 511 |
|
4731.39 of the Revised Code. The president
may designate another | 512 |
|
member of the board to
supervise the investigation in place of the | 513 |
|
supervising member. No member of
the board who supervises the | 514 |
|
investigation of a case
shall participate in further adjudication | 515 |
|
of the case. | 516 |
| (3) In investigating a possible violation of
this chapter or | 517 |
|
any rule adopted
under this chapter, the board
may administer | 518 |
|
oaths, order the taking of depositions, issue
subpoenas, and | 519 |
|
compel the attendance of witnesses and production
of books, | 520 |
|
accounts, papers, records, documents, and testimony, except
that a | 521 |
|
subpoena for patient record information shall not be issued | 522 |
|
without
consultation with the attorney general's office and | 523 |
|
approval of
the secretary and supervising member
of the board. | 524 |
|
Before issuance of a
subpoena for patient record information, the | 525 |
|
secretary and supervising member shall
determine
whether there is | 526 |
|
probable cause to believe that the complaint filed alleges a | 527 |
|
violation of this chapter or any rule adopted under it and that | 528 |
|
the records
sought are relevant
to the alleged violation and | 529 |
|
material to the investigation.
The subpoena may apply only to | 530 |
|
records that cover a
reasonable period of time surrounding the | 531 |
|
alleged violation. | 532 |
| A subpoena issued by the board may be served by a sheriff, | 537 |
|
the sheriff's deputy, or a board employee designated by the
board. | 538 |
|
Service of a subpoena issued by the board may be
made by | 539 |
|
delivering a copy of the subpoena to the
person named therein, | 540 |
|
reading it to the person, or leaving it at
the person's usual | 541 |
|
place of residence. When the person being
served is a person
whose | 542 |
| practice is authorized by this chapter,
service of the
subpoena | 543 |
| may be made by certified mail,
restricted delivery,
return receipt | 544 |
| requested, and the subpoena
shall be deemed served
on the date | 545 |
| delivery is made or the date
the person refuses to
accept | 546 |
| delivery. | 547 |
| The board shall conduct all investigations and proceedings
in | 559 |
|
a manner that protects the
confidentiality of patients and persons | 560 |
|
who file complaints with the
board. The
board shall not make | 561 |
|
public the names or any other identifying
information about | 562 |
|
patients or complainants unless proper consent is
given or, in the | 563 |
|
case of a patient, a
waiver of the patient privilege exists under | 564 |
|
division (B) of
section 2317.02 of the Revised Code, except that | 565 |
|
consent
or a waiver of that nature is not required if the board | 566 |
|
possesses reliable and
substantial evidence that no bona fide | 567 |
|
physician-patient
relationship exists. | 568 |
| The board may
share any information it receives pursuant to | 569 |
|
an investigation, including
patient records and patient record | 570 |
|
information, with law
enforcement agencies, other licensing | 571 |
|
boards, and other
governmental
agencies that are prosecuting, | 572 |
|
adjudicating, or investigating alleged
violations of statutes or | 573 |
|
administrative rules. An agency
or board that receives the | 574 |
|
information shall comply with the same
requirements regarding | 575 |
|
confidentiality as those with which the state medical
board must | 576 |
|
comply, notwithstanding any conflicting provision
of the Revised | 577 |
|
Code or procedure
of the agency or board that applies when it is | 578 |
|
dealing with
other information in its possession. In a judicial | 579 |
|
proceeding,
the information
may
be admitted into evidence only in | 580 |
|
accordance with
the Rules of Evidence, but the court shall require | 581 |
|
that appropriate measures are taken to ensure that
confidentiality | 582 |
|
is maintained with respect to any part of the information that | 583 |
|
contains names or other identifying information about patients or | 584 |
|
complainants
whose confidentiality was protected by the state | 585 |
|
medical board when the
information was in the board's possession. | 586 |
|
Measures to ensure confidentiality
that may be taken by the court | 587 |
|
include sealing its records or deleting
specific information
from | 588 |
|
its records. | 589 |
| The board shall issue a written order of suspension by | 619 |
|
certified mail or in person in accordance with section 119.07 of | 620 |
|
the Revised Code. The order shall not be subject to
suspension
by | 621 |
|
the court during pendency of any appeal filed under section
119.12 | 622 |
|
of the Revised Code. If the individual
subject to the summary | 623 |
|
suspension requests
an adjudicatory hearing by the board, the date | 624 |
|
set for the
hearing shall be within fifteen days, but not earlier | 625 |
|
than seven
days, after the individual
requests the hearing,
unless | 626 |
|
otherwise agreed to by both the board and the individual. | 627 |
| Any summary suspension imposed under this division shall | 628 |
|
remain in effect, unless reversed on appeal, until a final | 629 |
|
adjudicative order issued by the board pursuant to this section | 630 |
|
and Chapter 119. of the Revised Code becomes effective. The
board | 631 |
|
shall issue its final adjudicative order within sixty days
after | 632 |
|
completion of its hearing. A failure to issue the order
within | 633 |
|
sixty days shall result in dissolution of the summary
suspension | 634 |
|
order but shall not invalidate any subsequent, final
adjudicative | 635 |
|
order. | 636 |
| (H) If the board takes action under division
(B)(9), (11),
or | 637 |
| (13) of this section and the judicial
finding of guilt, guilty | 638 |
|
plea, or judicial finding of
eligibility for intervention in lieu | 639 |
|
of conviction is
overturned on appeal,
upon
exhaustion of the | 640 |
|
criminal appeal, a petition for reconsideration
of the order may | 641 |
|
be filed with the board along with appropriate
court documents. | 642 |
|
Upon receipt of a petition of that
nature and supporting court | 643 |
|
documents, the board shall reinstate the
individual's certificate | 644 |
|
to practice. The
board may then hold an adjudication under
Chapter | 645 |
| 119. of the Revised Code to
determine whether the
individual | 646 |
|
committed
the act in question. Notice of an
opportunity for a | 647 |
| hearing
shall be given in accordance with
Chapter 119. of the | 648 |
| Revised Code. If the
board finds, pursuant to
an adjudication held | 649 |
| under this division,
that the individual
committed
the act or if | 650 |
|
no hearing is requested, the board may
order any of the sanctions | 651 |
|
identified under division (B) of this
section. | 652 |
| (I) The certificate to practice issued to an individual
under | 653 |
|
this chapter and the individual's practice in this
state are | 654 |
|
automatically suspended as of the date of the individual's second | 655 |
|
or subsequent plea of guilty to, or judicial finding of guilt of, | 656 |
|
a violation of section 2919.123 of the Revised Code, or the date | 657 |
| the individual pleads
guilty to, is found by a judge
or jury to be | 658 |
| guilty of, or is
subject to a judicial
finding of eligibility for | 659 |
| intervention in
lieu of conviction in this state
or treatment or | 660 |
| intervention in
lieu of conviction in another
jurisdiction for
any | 661 |
| of the
following
criminal offenses in this state or a | 662 |
|
substantially
equivalent criminal offense in another jurisdiction: | 663 |
| aggravated
murder, murder, voluntary
manslaughter, felonious | 664 |
| assault,
kidnapping, rape, sexual
battery, gross sexual | 665 |
| imposition,
aggravated arson, aggravated
robbery, or aggravated | 666 |
| burglary.
Continued
practice after suspension shall be considered | 667 |
| practicing
without a certificate. | 668 |
| (1) If the automatic suspension under this division is for a | 676 |
|
second or subsequent plea of guilty to, or judicial finding of | 677 |
|
guilt of, a violation of section 2919.123 of the Revised Code, the | 678 |
|
board shall enter an order suspending the individual's certificate | 679 |
|
to practice for a period of at least one year or, if determined | 680 |
|
appropriate by the board, imposing a more serious sanction | 681 |
|
involving the individual's certificate to practice. | 682 |
| (J) If the board is required by
Chapter 119. of the Revised | 686 |
|
Code to give notice of an
opportunity for a hearing and if the | 687 |
|
individual subject to the notice
does not timely request a
hearing | 688 |
|
in accordance with section
119.07 of the Revised Code, the board | 689 |
|
is not required
to hold a hearing, but may adopt, by an | 690 |
|
affirmative vote of
not fewer than
six of its members, a final | 691 |
|
order that contains the board's
findings. In that final order,
the | 692 |
| board may order any of the
sanctions identified under division
(A) | 693 |
| or (B) of this section. | 694 |
| (K) Any action taken by the board under division (B) of
this | 695 |
|
section resulting in a suspension from practice shall be | 696 |
|
accompanied by a written statement of the conditions under which | 697 |
|
the individual's certificate to practice may be
reinstated. The | 698 |
|
board
shall adopt rules governing conditions to be imposed for | 699 |
|
reinstatement. Reinstatement of a certificate suspended pursuant | 700 |
|
to division (B) of this section requires an affirmative vote of | 701 |
|
not fewer than six members of the board. | 702 |
| (L) When the board
refuses to grant a certificate to an | 703 |
|
applicant,
revokes an individual's
certificate to practice, | 704 |
|
refuses to register an applicant, or
refuses to reinstate an | 705 |
|
individual's certificate to practice,
the board may specify that | 706 |
|
its action is permanent. An
individual subject to a permanent | 707 |
|
action taken by the board is
forever thereafter ineligible to hold | 708 |
|
a certificate to practice
and the board shall not accept an | 709 |
|
application for reinstatement of the
certificate or for issuance | 710 |
|
of a new certificate. | 711 |
| (O) Under the board's investigative duties described in
this | 736 |
|
section and subject to division (F) of this section, the
board | 737 |
|
shall
develop and implement a quality intervention program | 738 |
|
designed to improve
through remedial
education the clinical and | 739 |
|
communication skills of individuals authorized
under this chapter | 740 |
|
to practice medicine and surgery, osteopathic medicine and | 741 |
|
surgery, and podiatric medicine and surgery. In
developing and | 742 |
|
implementing the quality intervention program, the board may do | 743 |
|
all of the following: | 744 |
| (B) Whenever any person holding a valid certificate issued | 767 |
|
pursuant to this chapter
pleads guilty to, is subject to a | 768 |
|
judicial finding of guilt of, or
is subject to a judicial finding | 769 |
|
of eligibility for
intervention in lieu of
conviction for a | 770 |
|
violation of Chapter 2907., 2925., or 3719. of the
Revised Code
or | 771 |
|
of any substantively comparable ordinance of a municipal | 772 |
|
corporation in connection with the person's practice,
or for a | 773 |
|
second or subsequent time pleads guilty to, or is subject to a | 774 |
|
judicial finding of guilt of, a violation of section 2919.123 of | 775 |
|
the Revised Code, the
prosecutor in
the case, on forms prescribed | 776 |
|
and provided by the state
medical board, shall promptly notify the | 777 |
|
board of the conviction or
guilty plea. Within thirty days of | 778 |
|
receipt of that
information, the board
shall initiate action in | 779 |
|
accordance with Chapter 119. of the
Revised Code to determine | 780 |
|
whether to suspend or revoke the
certificate under section 4731.22 | 781 |
|
of the Revised Code. | 782 |
| Section 3. Section 4731.22 of the Revised Code is presented | 810 |
| in
this act as a composite of the section as amended by both Am. | 811 |
| Sub. H.B. 474 and Sub. S.B. 179 of
the 124th General Assembly. The | 812 |
| General Assembly, applying the
principle stated in division (B) of | 813 |
| section 1.52 of the Revised
Code that amendments are to be | 814 |
| harmonized if reasonably capable of
simultaneous operation, finds | 815 |
| that the composite is the resulting
version of the section in | 816 |
| effect prior to the effective date of
the section as presented in | 817 |
| this act. | 818 |