REPRESENTATIVES Latta, Seitz

To amend sections 2305.113, 2305.234, 2711.22,

1

3701.071, 3719.81, 4713.02, 4715.42, 4723.01,

2

4723.03, 4723.28, 4723.44, 4723.48, 4723.482,

3

4729.01, 4731.22, and 4731.295 of the Revised Code

4

to extend immunity from liability for services

5

provided by volunteer health care professionals

6

and workers to additional health care facilities

7

and locations and to nonprofit health care

8

referral organizations, to provide additional

9

requirements for the immunity of a health care

10

professional, to increase the maximum allowable

11

income of individuals who may be served by

12

volunteers having immunity from liability, and to

13

specify the nurses who may refer to themselves as

14

advanced practice nurses.

15

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

Section 1. That sections 2305.113, 2305.234, 2711.22,	16
3701.071, 3719.81, 4713.02, 4715.42, 4723.01, 4723.03, 4723.28,	17
4723.44, 4723.48, 4723.482, 4729.01, 4731.22, and 4731.295 of the	18
Revised Code be amended to read as follows:	19

Sec. 2305.113. (A) Except as otherwise provided in this	20
section, an action upon a medical, dental, optometric, or	21
chiropractic claim shall be commenced within one year after the	22
cause of action accrued.	23

(B)(1) If prior to the expiration of the one-year period	24
specified in division (A) of this section, a claimant who	25
allegedly possesses a medical, dental, optometric, or chiropractic	26
claim gives to the person who is the subject of that claim written	27
notice that the claimant is considering bringing an action upon	28
that claim, that action may be commenced against the person	29
notified at any time within one hundred eighty days after the	30
notice is so given.	31

(2) An insurance company shall not consider the existence or	32
nonexistence of a written notice described in division (B)(1) of	33
this section in setting the liability insurance premium rates that	34
the company may charge the company's insured person who is	35
notified by that written notice.	36

(C) Except as to persons within the age of minority or of	37
unsound mind as provided by section 2305.16 of the Revised Code,	38
and except as provided in division (D) of this section, both of	39
the following apply:	40

(1) No action upon a medical, dental, optometric, or	41
chiropractic claim shall be commenced more than four years after	42
the occurrence of the act or omission constituting the alleged	43
basis of the medical, dental, optometric, or chiropractic claim.	44

(2) If an action upon a medical, dental, optometric, or	45
chiropractic claim is not commenced within four years after the	46
occurrence of the act or omission constituting the alleged basis	47
of the medical, dental, optometric, or chiropractic claim, then,	48
any action upon that claim is barred.	49

(D)(1) If a person making a medical claim, dental claim,	50
optometric claim, or chiropractic claim, in the exercise of	51
reasonable care and diligence, could not have discovered the	52
injury resulting from the act or omission constituting the alleged	53
basis of the claim within three years after the occurrence of the	54
act or omission, but, in the exercise of reasonable care and	55
diligence, discovers the injury resulting from that act or	56
omission before the expiration of the four-year period specified	57
in division (C)(1) of this section, the person may commence an	58
action upon the claim not later than one year after the person	59
discovers the injury resulting from that act or omission.	60

(2) If the alleged basis of a medical claim, dental claim,	61
optometric claim, or chiropractic claim is the occurrence of an	62
act or omission that involves a foreign object that is left in the	63
body of the person making the claim, the person may commence an	64
action upon the claim not later than one year after the person	65
discovered the foreign object or not later than one year after the	66
person, with reasonable care and diligence, should have discovered	67
the foreign object.	68

(3) A person who commences an action upon a medical claim,	69
dental claim, optometric claim, or chiropractic claim under the	70
circumstances described in division (D)(1) or (2) of this section	71
has the affirmative burden of proving, by clear and convincing	72
evidence, that the person, with reasonable care and diligence,	73
could not have discovered the injury resulting from the act or	74
omission constituting the alleged basis of the claim within the	75
three-year period described in division (D)(1) of this section or	76
within the one-year period described in division (D)(2) of this	77
section, whichever is applicable.	78

(E) As used in this section:

79

(1) "Hospital" includes any person, corporation, association,	80
board, or authority that is responsible for the operation of any	81
hospital licensed or registered in the state, including, but not	82
limited to, those that are owned or operated by the state,	83
political subdivisions, any person, any corporation, or any	84
combination of the state, political subdivisions, persons, and	85
corporations. "Hospital" also includes any person, corporation,	86
association, board, entity, or authority that is responsible for	87
the operation of any clinic that employs a full-time staff of	88
physicians practicing in more than one recognized medical	89
specialty and rendering advice, diagnosis, care, and treatment to	90
individuals. "Hospital" does not include any hospital operated by	91
the government of the United States or any of its branches.	92

(2) "Physician" means a person who is licensed to practice	93
medicine and surgery or osteopathic medicine and surgery by the	94
state medical board or a person who otherwise is authorized to	95
practice medicine and surgery or osteopathic medicine and surgery	96
in this state.	97

(3) "Medical claim" means any claim that is asserted in any	98
civil action against a physician, podiatrist, hospital, home, or	99
residential facility, against any employee or agent of a	100
physician, podiatrist, hospital, home, or residential facility, or	101
against a licensed practical nurse, registered nurse, advanced	102
practice nurse, physical therapist, physician assistant, emergency	103
medical technician-basic, emergency medical	104
technician-intermediate, or emergency medical	105
technician-paramedic, and that arises out of the medical	106
diagnosis, care, or treatment of any person. "Medical claim"	107
includes the following:	108

(a) Derivative claims for relief that arise from the medical	109
diagnosis, care, or treatment of a person;	110

(b) Claims that arise out of the medical diagnosis, care, or	111
treatment of any person and to which either of the following	112
applies:	113

(i) The claim results from acts or omissions in providing	114
medical care.	115

(ii) The claim results from the hiring, training,	116
supervision, retention, or termination of caregivers providing	117
medical diagnosis, care, or treatment.	118

(c) Claims that arise out of the medical diagnosis, care, or	119
treatment of any person and that are brought under section 3721.17	120
of the Revised Code.	121

(4) "Podiatrist" means any person who is licensed to practice	122
podiatric medicine and surgery by the state medical board.	123

(5) "Dentist" means any person who is licensed to practice	124
dentistry by the state dental board.	125

(6) "Dental claim" means any claim that is asserted in any	126
civil action against a dentist, or against any employee or agent	127
of a dentist, and that arises out of a dental operation or the	128
dental diagnosis, care, or treatment of any person. "Dental claim"	129
includes derivative claims for relief that arise from a dental	130
operation or the dental diagnosis, care, or treatment of a person.	131

(7) "Derivative claims for relief" include, but are not	132
limited to, claims of a parent, guardian, custodian, or spouse of	133
an individual who was the subject of any medical diagnosis, care,	134
or treatment, dental diagnosis, care, or treatment, dental	135
operation, optometric diagnosis, care, or treatment, or	136
chiropractic diagnosis, care, or treatment, that arise from that	137
diagnosis, care, treatment, or operation, and that seek the	138
recovery of damages for any of the following:	139

(a) Loss of society, consortium, companionship, care,	140
assistance, attention, protection, advice, guidance, counsel,	141
instruction, training, or education, or any other intangible loss	142
that was sustained by the parent, guardian, custodian, or spouse;	143

(b) Expenditures of the parent, guardian, custodian, or	144
spouse for medical, dental, optometric, or chiropractic care or	145
treatment, for rehabilitation services, or for other care,	146
treatment, services, products, or accommodations provided to the	147
individual who was the subject of the medical diagnosis, care, or	148
treatment, the dental diagnosis, care, or treatment, the dental	149
operation, the optometric diagnosis, care, or treatment, or the	150
chiropractic diagnosis, care, or treatment.	151

(8) "Registered nurse" means any person who is licensed to	152
practice nursing as a registered nurse by the state board of	153
nursing.	154

(9) "Chiropractic claim" means any claim that is asserted in	155
any civil action against a chiropractor, or against any employee	156
or agent of a chiropractor, and that arises out of the	157
chiropractic diagnosis, care, or treatment of any person.	158
"Chiropractic claim" includes derivative claims for relief that	159
arise from the chiropractic diagnosis, care, or treatment of a	160
person.	161

(10) "Chiropractor" means any person who is licensed to	162
practice chiropractic by the state chiropractic examining board.	163

(11) "Optometric claim" means any claim that is asserted in	164
any civil action against an optometrist, or against any employee	165
or agent of an optometrist, and that arises out of the optometric	166
diagnosis, care, or treatment of any person. "Optometric claim"	167
includes derivative claims for relief that arise from the	168
optometric diagnosis, care, or treatment of a person.	169

(12) "Optometrist" means any person licensed to practice	170
optometry by the state board of optometry.	171

(13) "Physical therapist" means any person who is licensed to	172
practice physical therapy under Chapter 4755. of the Revised Code.	173

(14) "Home" has the same meaning as in section 3721.10 of the	174
Revised Code.	175

(15) "Residential facility" means a facility licensed under	176
section 5123.19 of the Revised Code.	177

(16) "Advanced practice nurse" means any certified nurse	178
practitioner, clinical nurse specialist, or certified registered	179
nurse anesthetist, or a certified nurse-midwife certified by the	180
board of nursing underhas the same meaning as in section 4723.41	181
4723.01 of the Revised Code.	182

(17) "Licensed practical nurse" means any person who is	183
licensed to practice nursing as a licensed practical nurse by the	184
state board of nursing pursuant to Chapter 4723. of the Revised	185
Code.	186

(18) "Physician assistant" means any person who holds a valid	187
certificate of registration or temporary certificate of	188
registration issued pursuant to Chapter 4730. of the Revised Code.	189

(19) "Emergency medical technician-basic," "emergency medical	190
technician-intermediate," and "emergency medical	191
technician-paramedic" means any person who is certified under	192
Chapter 4765. of the Revised Code as an emergency medical	193
technician-basic, emergency medical technician-intermediate, or	194
emergency medical technician-paramedic, whichever is applicable.	195

Sec. 2305.234.  (A) As used in this section:

196

(1) "Chiropractic claim," "medical claim," and "optometric	197
claim" have the same meanings as in section 2305.113 of the	198
Revised Code.	199

(2) "Dental claim" has the same meaning as in section	200
2305.113 of the Revised Code, except that it does not include any	201
claim arising out of a dental operation or any derivative claim	202
for relief that arises out of a dental operation.	203

(3) "Governmental health care program" has the same meaning	204
as in section 4731.65 of the Revised Code.	205

(4) "Health care facility or location" means a hospital,	206
clinic, ambulatory surgical facility, office of a health care	207
professional or associated group of health care professionals,	208
training institution for health care professionals, or any other	209
place where medical, dental, or other health-related diagnosis,	210
care, or treatment is provided to a person.	211

(5) "Health care professional" means any of the following who	212
provide medical, dental, or other health-related diagnosis, care,	213
or treatment:	214

(a) Physicians authorized under Chapter 4731. of the Revised	215
Code to practice medicine and surgery or osteopathic medicine and	216
surgery;	217

(b) Registered nurses, advancedAdvanced practice nurses, as	218
defined in section 4723.01 of the Revised Code, and registered	219
nurses and licensed practical nurses licensed under Chapter 4723.	220
of the Revised Code;	221

(c) Physician assistants authorized to practice under Chapter	222
4730. of the Revised Code;	223

(d) Dentists and dental hygienists licensed under Chapter	224
4715. of the Revised Code;	225

(e) Physical therapists, physical therapist assistants,	226
occupational therapists, and occupational therapy assistants	227
licensed under Chapter 4755. of the Revised Code;	228

(f) Chiropractors licensed under Chapter 4734. of the Revised	229
Code;	230

(g) Optometrists licensed under Chapter 4725. of the Revised	231
Code;	232

(h) Podiatrists authorized under Chapter 4731. of the Revised	233
Code to practice podiatry;	234

(i) Dietitians licensed under Chapter 4759. of the Revised	235
Code;	236

(j) Pharmacists licensed under Chapter 4729. of the Revised	237
Code;	238

(k) Emergency medical technicians-basic, emergency medical	239
technicians-intermediate, and emergency medical	240
technicians-paramedic, certified under Chapter 4765. of the	241
Revised Code;	242

(l) Respiratory care professionals licensed under Chapter	243
4761. of the Revised Code;	244

(m) Speech-language pathologists and audiologists licensed	245
under Chapter 4753. of the Revised Code.	246

(5)(6) "Health care worker" means a person other than a	247
health care professional who provides medical, dental, or other	248
health-related care or treatment under the direction of a health	249
care professional with the authority to direct that individual's	250
activities, including medical technicians, medical assistants,	251
dental assistants, orderlies, aides, and individuals acting in	252
similar capacities.	253

(6)(7) "Indigent and uninsured person" means a person who	254
meets all of the following requirements:	255

(a) The person's income is not greater than onetwo hundred	256
fifty per cent of the current poverty line as defined by the	257
United States office of management and budget and revised in	258
accordance with section 673(2) of the "Omnibus Budget	259
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	260
amended.	261

(b) The person is not eligible to receive medical assistance	262
under Chapter 5111., disability medical assistance under Chapter	263
5115. of the Revised Code, or assistance under any other	264
governmental health care program.	265

(c) Either of the following applies:

266

(i) The person is not a policyholder, certificate holder,	267
insured, contract holder, subscriber, enrollee, member,	268
beneficiary, or other covered individual under a health insurance	269
or health care policy, contract, or plan.	270

(ii) The person is a policyholder, certificate holder,	271
insured, contract holder, subscriber, enrollee, member,	272
beneficiary, or other covered individual under a health insurance	273
or health care policy, contract, or plan, but the insurer, policy,	274
contract, or plan denies coverage or is the subject of insolvency	275
or bankruptcy proceedings in any jurisdiction.	276

(7)(8) "Nonprofit health care referral organization" means an	277
entity that is not operated for profit and refers patients to, or	278
arranges for the provision of, health-related diagnosis, care, or	279
treatment by a health care professional or health care worker.	280

(9) "Operation" means any procedure that involves cutting or	281
otherwise infiltrating human tissue by mechanical means, including	282
surgery, laser surgery, ionizing radiation, therapeutic	283
ultrasound, or the removal of intraocular foreign bodies.	284
"Operation" does not include the administration of medication by	285
injection, unless the injection is administered in conjunction	286
with a procedure infiltrating human tissue by mechanical means	287
other than the administration of medicine by injection.	288
"Operation" does not include routine dental restorative	289
procedures, the scaling of teeth, or extractions of teeth that are	290
not impacted.	291

(8) "Nonprofit shelter or health care facility" means a	292
charitable nonprofit corporation organized and operated pursuant	293
to Chapter 1702. of the Revised Code, or any charitable	294
organization not organized and not operated for profit, that	295
provides shelter, health care services, or shelter and health care	296
services to indigent and uninsured persons, except that "shelter	297
or health care facility" does not include a hospital as defined in	298
section 3727.01 of the Revised Code, a facility licensed under	299
Chapter 3721. of the Revised Code, or a medical facility that is	300
operated for profit.	301

(9)(10) "Tort action" means a civil action for damages for	302
injury, death, or loss to person or property other than a civil	303
action for damages for a breach of contract or another agreement	304
between persons or government entities.	305

(10)(11) "Volunteer" means an individual who provides any	306
medical, dental, or other health-care related diagnosis, care, or	307
treatment without the expectation of receiving and without receipt	308
of any compensation or other form of remuneration from an indigent	309
and uninsured person, another person on behalf of an indigent and	310
uninsured person, any shelter or health care facility or location,	311
any nonprofit health care referral organization, or any other	312
person or government entity.	313

(11)(12) "Community control sanction" has the same meaning as	314
in section 2929.01 of the Revised Code.	315

(B)(1) Subject to divisions (E)(F) and (F)(G)(3) of this	316
section, a health care professional who is a volunteer and	317
complies with division (B)(2) of this section is not liable in	318
damages to any person or government entity in a tort or other	319
civil action, including an action on a medical, dental,	320
chiropractic, optometric, or other health-related claim, for	321
injury, death, or loss to person or property that allegedly arises	322
from an action or omission of the volunteer in the provision at a	323
nonprofit shelter or health care facility to an indigent and	324
uninsured person of medical, dental, or other health-related	325
diagnosis, care, or treatment, including the provision of samples	326
of medicine and other medical products, unless the action or	327
omission constitutes willful or wanton misconduct.	328

(2) To qualify for the immunity described in division (B)(1)	329
of this section, a health care professional shall do all of the	330
following prior to providing diagnosis, care, or treatment:	331

(a) Determine, in good faith, that the indigent and uninsured	332
person is mentally capable of giving informed consent to the	333
provision of the diagnosis, care, or treatment and is not subject	334
to duress or under undue influence;	335

(b) Inform the person of the provisions of this section,	336
including notifying the person that, by giving informed consent to	337
the provision of the diagnosis, care, or treatment, the person	338
cannot hold the health care professional liable for damages in a	339
tort or other civil action, including an action on a medical,	340
dental, chiropractic, optometric, or other health-related claim,	341
unless the action or omission of the health care professional	342
constitutes willful or wanton misconduct;	343

(c) Obtain the informed consent of the person and a written	344
waiver, signed by the person or by another individual on behalf of	345
and in the presence of the person, that states that the person is	346
mentally competent to give informed consent and, without being	347
subject to duress or under undue influence, gives informed consent	348
to the provision of the diagnosis, care, or treatment subject to	349
the provisions of this section. A written waiver under division	350
(B)(2)(c) of this section shall state clearly and in conspicuous	351
type that the person or other individual who signs the waiver is	352
signing it with full knowledge that, by giving informed consent to	353
the provision of the diagnosis, care, or treatment, the person	354
cannot bring a tort or other civil action, including an action on	355
a medical, dental, chiropractic, optometric, or other	356
health-related claim, against the health care professional unless	357
the action or omission of the health care professional constitutes	358
willful or wanton misconduct.	359

(3) A physician or podiatrist who is not covered by medical	360
malpractice insurance, but complies with division (B)(2) of this	361
section, is not required to comply with division (A) of section	362
4731.143 of the Revised Code.	363

(C) Subject to divisions (E)(F) and (F)(G)(3) of this	364
section, health care workers who are volunteers are not liable in	365
damages to any person or government entity in a tort or other	366
civil action, including an action upon a medical, dental,	367
chiropractic, optometric, or other health-related claim, for	368
injury, death, or loss to person or property that allegedly arises	369
from an action or omission of the health care worker in the	370
provision at a nonprofit shelter or health care facility to an	371
indigent and uninsured person of medical, dental, or other	372
health-related diagnosis, care, or treatment, unless the action or	373
omission constitutes willful or wanton misconduct.	374

(D) Subject to divisions (F) and (G)(3) of this section, a	375
nonprofit health care referral organization is not liable in	376
damages to any person or government entity in a tort or other	377
civil action, including an action on a medical, dental,	378
chiropractic, optometric, or other health-related claim, for	379
injury, death, or loss to person or property that allegedly arises	380
from an action or omission of the nonprofit health care referral	381
organization in referring indigent and uninsured persons to, or	382
arranging for the provision of, medical, dental, or other	383
health-related diagnosis, care, or treatment by a health care	384
professional described in division (B)(1) of this section or a	385
health care worker described in division (C) of this section,	386
unless the action or omission constitutes willful or wanton	387
misconduct.	388

(E) Subject to divisions (E)(F) and (F)(G)(3) of this section	389
and to the extent that the registration requirements of section	390
3701.071 of the Revised Code apply, a nonprofit shelter or health	391
care facility or location associated with a health care	392
professional described in division (B)(1) of this section or, a	393
health care worker described in division (C) of this section, or a	394
nonprofit health care referral organization described in division	395
(D) of this section is not liable in damages to any person or	396
government entity in a tort or other civil action, including an	397
action on a medical, dental, chiropractic, optometric, or other	398
health-related claim, for injury, death, or loss to person or	399
property that allegedly arises from an action or omission of the	400
health care professional or worker in providing foror nonprofit	401
health care referral organization relative to the shelter or	402
facility medical, dental, or other health-related diagnosis, care,	403
or treatment provided to an indigent and uninsured person on	404
behalf of or at the health care facility or location, unless the	405
action or omission constitutes willful or wanton misconduct.	406

(E)(F)(1) Except as provided in division (E)(F)(2) of this	407
section, the immunities provided by divisions (B), (C), and (D),	408
and (E) of this section are not available to an individual or to a	409
nonprofit sheltera health care professional, health care worker,	410
nonprofit health care referral organization, or health care	411
facility or location if, at the time of an alleged injury, death,	412
or loss to person or property, the individualshealth care	413
professionals or health care workers involved are providing one of	414
the following:	415

(a) Any medical, dental, or other health-related diagnosis,	416
care, or treatment pursuant to a community service work order	417
entered by a court under division (B) of section 2951.02 of the	418
Revised Code or imposed by a court as a community control	419
sanction;	420

(b) Performance of an operation;

421

(c) Delivery of a baby.

422

(2) Division (E)(F)(1) of this section does not apply to an	423
individual who provides, or a nonprofit shelter or health care	424
facility at which the individualwhen a health care professional	425
or health care worker provides,medical, dental, or other	426
health-related diagnosis, care, or treatment that is necessary to	427
preserve the life of a person in a medical emergency.	428

(F)(G)(1) This section does not create a new cause of action	429
or substantive legal right against a health care professional,	430
health care worker, nonprofit health care referral organization,	431
or nonprofit shelter or health care facility or location.	432

(2) This section does not affect any immunities from civil	433
liability or defenses established by another section of the	434
Revised Code or available at common law to which an individual or	435
a nonprofit shelterhealth care professional, health care worker,	436
nonprofit health care referral organization, or health care	437
facility or location may be entitled in connection with the	438
provision of emergency or other medical, dental, or other	439
health-related diagnosis, care, or treatment.	440

(3) This section does not grant an immunity from tort or	441
other civil liability to an individual or a nonprofit shelter	442
health care professional, health care worker, nonprofit health	443
care referral organization, or health care facility or location	444
for actions that are outside the scope of authority of health care	445
professionals or health care workers.	446

(4) This section does not affect any legal responsibility of	447
a health care professional or, health care worker, or nonprofit	448
health care referral organization to comply with any applicable	449
law of this state or rule of an agency of this state.	450

(5) This section does not affect any legal responsibility of	451
a nonprofit shelter or health care facility or location to comply	452
with any applicable law of this state, rule of an agency of this	453
state, or local code, ordinance, or regulation that pertains to or	454
regulates building, housing, air pollution, water pollution,	455
sanitation, health, fire, zoning, or safety.	456

Sec. 2711.22.  (A) Except as otherwise provided in this	457
section, a written contract between a patient and a hospital or	458
healthcare provider to settle by binding arbitration any dispute	459
or controversy arising out of the diagnosis, treatment, or care of	460
the patient rendered by a hospital or healthcare provider, that is	461
entered into prior to the diagnosis, treatment, or care of the	462
patient is valid, irrevocable, and enforceable once the contract	463
is signed by all parties. The contract remains valid, irrevocable,	464
and enforceable until or unless the patient or the patient's legal	465
representative rescinds the contract by written notice within	466
thirty days of the signing of the contract. A guardian or other	467
legal representative of the patient may give written notice of the	468
rescission of the contract if the patient is incapacitated or a	469
minor.	470

(B) As used in this section and in sections 2711.23 and	471
2711.24 of the Revised Code:	472

(1) "Healthcare provider" means a physician, podiatrist,	473
dentist, licensed practical nurse, registered nurse, advanced	474
practice nurse, chiropractor, optometrist, physician assistant,	475
emergency medical technician-basic, emergency medical	476
technician-intermediate, emergency medical technician-paramedic,	477
or physical therapist.	478

(2) "Hospital," "physician," "podiatrist," "dentist,"	479
"licensed practical nurse," "registered nurse," "advanced practice	480
nurse," "chiropractor," "optometrist," "physician assistant,"	481
"emergency medical technician-basic," "emergency medical	482
technician-intermediate," "emergency medical	483
technician-paramedic," "physical therapist," "medical claim,"	484
"dental claim," "optometric claim," and "chiropractic claim" have	485
the same meanings as in section 2305.113 of the Revised Code.	486

(3) "Advanced practice nurse" has the same meaning as in	487
section 4723.01 of the Revised Code.	488

Sec. 3701.071.  (A) As used in this section, "nonprofit:

489

(1) "Indigent and uninsured person" has the same meaning as	490
in section 2305.234 of the Revised Code.	491

(2) "Nonprofit shelter or health care facility" has the same	492
meaning as in section 2305.234 of the Revised Codemeans a	493
charitable nonprofit corporation organized and operated pursuant	494
to Chapter 1702. of the Revised Code, or any charitable	495
organization not organized and not operated for profit, that	496
provides shelter, health care services, or shelter and health care	497
services to indigent and uninsured persons. "Nonprofit shelter or	498
health care facility" does not include a hospital, as defined in	499
section 3727.01 of the Revised Code, a facility licensed under	500
Chapter 3721. of the Revised Code, or a medical facility that is	501
operated for profit.	502

(B) A nonprofit shelter or health care facility operating in	503
this state shall register on the first day of January each year	504
with the department of health. The immunity provided by division	505
(D)(E) of section 2305.234 of the Revised Code is not available to	506
a nonprofit shelter or health care facility until the shelter or	507
facility registers with the department in accordance with this	508
section.	509

(C) A nonprofit shelter or health care facility operating in	510
this state shall keep records of all patients who receive medical,	511
dental, or other health-related diagnosis, care, or treatment at	512
the shelter or facility. The department of health shall monitor	513
the quality of care provided to patients at nonprofit shelters or	514
health care facilities. The monitoring program may be conducted by	515
contracting with another entity or through any other method	516
authorized by law. The department may solicit and accept funds	517
from private sources to fund the monitoring program.	518

Sec. 3719.81.  (A) A person may furnish another a sample of	519
any drug of abuse, or of any drug or pharmaceutical preparation	520
that would be hazardous to health or safety if used without the	521
supervision of a licensed health professional authorized to	522
prescribe drugs, if all of the following apply:	523

(1) The sample is furnished by a manufacturer, manufacturer's	524
representative, or wholesale dealer in pharmaceuticals to a	525
licensed health professional authorized to prescribe drugs, or is	526
furnished by such a professional to a patient for use as	527
medication;	528

(2) The drug is in the original container in which it was	529
placed by the manufacturer, and the container is plainly marked as	530
a sample;	531

(3) Prior to its being furnished, the drug sample has been	532
stored under the proper conditions to prevent its deterioration or	533
contamination;	534

(4) If the drug is of a type which deteriorates with time,	535
the sample container is plainly marked with the date beyond which	536
the drug sample is unsafe to use, and the date has not expired on	537
the sample furnished. Compliance with the labeling requirements of	538
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),	539
21 U.S.C.A. 301, as amended, shall be deemed compliance with this	540
section.	541

(5) The drug is distributed, stored, or discarded in such a	542
way that the drug sample may not be acquired or used by any	543
unauthorized person, or by any person, including a child, for whom	544
it may present a health or safety hazard.	545

(B) Division (A) of this section does not do any of the	546
following:	547

(1) Apply to or restrict the furnishing of any sample of a	548
nonnarcotic substance if the substance may, under the "Federal	549
Food, Drug, and Cosmetic Act" and under the laws of this state,	550
otherwise be lawfully sold over the counter without a	551
prescription;	552

(2) Authorize a licensed health professional authorized to	553
prescribe drugs who is a clinical nurse specialist, certified	554
nurse-midwife, or certified nurse practitioner, or advanced	555
practice nurse to furnish a sample of a drug that is not a drug	556
the nurse is authorized to prescribe;	557

(3) Authorize an optometrist to furnish a sample of a drug	558
that is not a drug the optometrist is authorized to prescribe.	559

(C) The state board of pharmacy shall, in accordance with	560
Chapter 119. of the Revised Code, adopt rules as necessary to give	561
effect to this section.	562

Sec. 4713.02.  (A) There is hereby created the state board of	563
cosmetology, consisting of all of the following members appointed	564
by the governor, with the advice and consent of the senate:	565

(1) One person holding a current, valid cosmetologist,	566
managing cosmetologist, or cosmetology instructor license at the	567
time of appointment;	568

(2) Two persons holding current, valid managing cosmetologist	569
licenses and actively engaged in managing beauty salons at the	570
time of appointment;	571

(3) One person who holds a current, valid independent	572
contractor license at the time of appointment or the owner or	573
manager of a licensed salon in which at least one person holding a	574
current, valid independent contractor license practices a branch	575
of cosmetology;	576

(4) One person who represents individuals who teach the	577
theory and practice of a branch of cosmetology at a vocational	578
school;	579

(5) One owner of a licensed school of cosmetology;

580

(6) One owner of at least five licensed salons;

581

(7) One person who is either an advanced practice nurse	582
approved under section 4723.55 of the Revised Code, a certified	583
nurse practitioner or clinical nurse specialist holding a	584
certificate of authority under section 4723.41 of the Revised	585
Code, or a physician authorized under Chapter 4731. of the Revised	586
Code to practice medicine and surgery or osteopathic medicine and	587
surgery;	588

(8) One person representing the general public.

589

(B) The superintendent of public instruction shall nominate	590
three persons for the governor to choose from when making an	591
appointment under division (A)(4) of this section.	592

(C) All members shall be at least twenty-five years of age,	593
residents of the state, and citizens of the United States. No more	594
than two members, at any time, shall be graduates of the same	595
school of cosmetology.	596

Except for the initial members appointed under divisions	597
(A)(3) and (4) of this section, terms of office are for five	598
years. The term of the initial member appointed under division	599
(A)(3) of this section shall be three years. The term of the	600
initial member appointed under division (A)(4) of this section	601
shall be four years. Terms shall commence on the first day of	602
November and end on the thirty-first day of October. Each member	603
shall hold office from the date of appointment until the end of	604
the term for which appointed. In case of a vacancy occurring on	605
the board, the governor shall, in the same manner prescribed for	606
the regular appointment to the board, fill the vacancy by	607
appointing a member. Any member appointed to fill a vacancy	608
occurring prior to the expiration of the term for which the	609
member's predecessor was appointed shall hold office for the	610
remainder of such term. Any member shall continue in office	611
subsequent to the expiration date of the member's term until the	612
member's successor takes office, or until a period of sixty days	613
has elapsed, whichever occurs first. Before entering upon the	614
discharge of the duties of the office of member, each member shall	615
take, and file with the secretary of state, the oath of office	616
required by Section 7 of Article XV, Ohio Constitution.	617

The members of the board shall receive an amount fixed	618
pursuant to Chapter 124. of the Revised Code per diem for every	619
meeting of the board which they attend, together with their	620
necessary expenses, and mileage for each mile necessarily	621
traveled.	622

The members of the board shall annually elect, from among	623
their number, a chairperson.	624

The board shall prescribe the duties of its officers and	625
establish an office at Columbus, Ohio. The board shall keep all	626
records and files at the office and have the records and files at	627
all reasonable hours open to public inspection. The board also	628
shall adopt a seal.	629

Sec. 4715.42.  (A)(1) As used in this section, "indigent and	630
uninsured person," "nonprofit shelter or health care facility,"	631
and "operation" have the same meanings as in section 2305.234 of	632
the Revised Code.	633

(2) For the purposes of this section, a person shall be	634
considered retired from practice if the person's license has been	635
surrendered or allowed to expire with the intention of ceasing to	636
practice as a dentist or dental hygienist for remuneration.	637

(B) The state dental board may issue, without examination, a	638
volunteer's certificate to a person who is retired from practice	639
so that the person may provide dental services to indigent and	640
uninsured persons at nonprofit shelters or health care facilities.	641

(C) An application for a volunteer's certificate shall	642
include all of the following:	643

(1) A copy of the applicant's degree from dental college or	644
dental hygiene school.	645

(2) One of the following, as applicable:

646

(a) A copy of the applicant's most recent license to practice	647
dentistry or dental hygiene issued by a jurisdiction in the United	648
States that licenses persons to practice dentistry or dental	649
hygiene.	650

(b) A copy of the applicant's most recent license equivalent	651
to a license to practice dentistry or dental hygiene in one or	652
more branches of the United States armed services that the United	653
States government issued.	654

(3) Evidence of one of the following, as applicable:

655

(a) The applicant has maintained for at least ten years prior	656
to retirement full licensure in good standing in any jurisdiction	657
in the United States that licenses persons to practice dentistry	658
or dental hygiene.	659

(b) The applicant has practiced as a dentist or dental	660
hygienist in good standing for at least ten years prior to	661
retirement in one or more branches of the United States armed	662
services.	663

(4) A notarized statement from the applicant, on a form	664
prescribed by the board, that the applicant will not accept any	665
form of remuneration for any dental services rendered while in	666
possession of a volunteer's certificate.	667

(D) The holder of a volunteer's certificate may provide	668
dental services only on the premises of a nonprofit shelter or	669
health care facility and only to indigent and uninsured persons.	670
The holder shall not accept any form of remuneration for providing	671
dental services while in possession of the certificate. Except in	672
a dental emergency, the holder shall not perform any operation.	673
The board may revoke a volunteer's certificate on receiving proof	674
satisfactory to the board that the holder has engaged in practice	675
in this state outside the scope of the holder's certificate or	676
that there are grounds for action against the person under section	677
4715.30 of the Revised Code.	678

(E)(1) A volunteer's certificate shall be valid for a period	679
of three years, and may be renewed upon the application of the	680
holder, unless the certificate was previously revoked under	681
division (D) of this section. The board shall maintain a register	682
of all persons who hold volunteer's certificates. The board shall	683
not charge a fee for issuing or renewing a certificate pursuant to	684
this section.	685

(2) To be eligible for renewal of a volunteer's certificate,	686
the holder of the certificate shall certify to the board	687
completion of sixty hours of continuing dental education that	688
meets the requirements of section 4715.141 of the Revised Code and	689
the rules adopted under that section, or completion of eighteen	690
hours of continuing dental hygiene education that meets the	691
requirements of section 4715.25 of the Revised Code and the rules	692
adopted under that section, as the case may be. The board may not	693
renew a certificate if the holder has not complied with the	694
appropriate continuing education requirements. The nonprofit	695
shelter or health care facility inAny entity for which the holder	696
provides dental services may pay for or reimburse the holder for	697
any costs incurred in obtaining the required continuing education	698
credits.	699

(3) The board shall issue to each person who qualifies under	700
this section for a volunteer's certificate a wallet certificate	701
and a wall certificate that state that the certificate holder is	702
authorized to provide dental services pursuant to the laws of this	703
state. The holder shall keep the wallet certificate on the	704
holder's person while providing dental services and shall display	705
the wall certificate prominently in the nonprofit shelter or	706
health care facilityat the location where the holder primarily	707
practices.	708

(4) The holder of a volunteer's certificate issued pursuant	709
to this section is subject to the immunity provisions in section	710
2305.234 of the Revised Code.	711

(F) The board shall adopt rules in accordance with Chapter	712
119. of the Revised Code to administer and enforce this section.	713

Sec.  4723.01.  As used in this chapter:

714

(A) "Registered nurse" means an individual who holds a	715
current, valid license issued under this chapter that authorizes	716
the practice of nursing as a registered nurse.	717

(B) "Practice of nursing as a registered nurse" means	718
providing to individuals and groups nursing care requiring	719
specialized knowledge, judgment, and skill derived from the	720
principles of biological, physical, behavioral, social, and	721
nursing sciences. Such nursing care includes:	722

(1) Identifying patterns of human responses to actual or	723
potential health problems amenable to a nursing regimen;	724

(2) Executing a nursing regimen through the selection,	725
performance, management, and evaluation of nursing actions;	726

(3) Assessing health status for the purpose of providing	727
nursing care;	728

(4) Providing health counseling and health teaching;

729

(5) Administering medications, treatments, and executing	730
regimens authorized by an individual who is authorized to practice	731
in this state and is acting within the course of the individual's	732
professional practice;	733

(6) Teaching, administering, supervising, delegating, and	734
evaluating nursing practice.	735

(C) "Nursing regimen" may include preventative, restorative,	736
and health-promotion activities.	737

(D) "Assessing health status" means the collection of data	738
through nursing assessment techniques, which may include	739
interviews, observation, and physical evaluations for the purpose	740
of providing nursing care.	741

(E) "Licensed practical nurse" means an individual who holds	742
a current, valid license issued under this chapter that authorizes	743
the practice of nursing as a licensed practical nurse.	744

(F) "The practice of nursing as a licensed practical nurse"	745
means providing to individuals and groups nursing care requiring	746
the application of basic knowledge of the biological, physical,	747
behavioral, social, and nursing sciences at the direction of a	748
licensed physician, dentist, podiatrist, optometrist,	749
chiropractor, or registered nurse. Such nursing care includes:	750

(1) Observation, patient teaching, and care in a diversity of	751
health care settings;	752

(2) Contributions to the planning, implementation, and	753
evaluation of nursing;	754

(3) Administration of medications and treatments authorized	755
by an individual who is authorized to practice in this state and	756
is acting within the course of the individual's professional	757
practice, except that administration of intravenous therapy shall	758
be performed only in accordance with section 4723.17 or 4723.171	759
of the Revised Code. Medications may be administered by a licensed	760
practical nurse upon proof of completion of a course in medication	761
administration approved by the board of nursing.	762

(4) Administration to an adult of intravenous therapy	763
authorized by an individual who is authorized to practice in this	764
state and is acting within the course of the individual's	765
professional practice, on the condition that the licensed	766
practical nurse is authorized under section 4723.17 or 4723.171 of	767
the Revised Code to perform intravenous therapy and performs	768
intravenous therapy only in accordance with those sections.	769

(G) "Certified registered nurse anesthetist" means a	770
registered nurse who holds a valid certificate of authority issued	771
under this chapter that authorizes the practice of nursing as a	772
certified registered nurse anesthetist in accordance with section	773
4723.43 of the Revised Code and rules adopted by the board of	774
nursing.	775

(H) "Clinical nurse specialist" means a registered nurse who	776
holds a valid certificate of authority issued under this chapter	777
that authorizes the practice of nursing as a clinical nurse	778
specialist in accordance with section 4723.43 of the Revised Code	779
and rules adopted by the board of nursing.	780

(I) "Certified nurse-midwife" means a registered nurse who	781
holds a valid certificate of authority issued under this chapter	782
that authorizes the practice of nursing as a certified	783
nurse-midwife in accordance with section 4723.43 of the Revised	784
Code and rules adopted by the board of nursing.	785

(J) "Certified nurse practitioner" means a registered nurse	786
who holds a valid certificate of authority issued under this	787
chapter that authorizes the practice of nursing as a certified	788
nurse practitioner in accordance with section 4723.43 of the	789
Revised Code and rules adopted by the board of nursing.	790

(K) "Physician" means an individual authorized under Chapter	791
4731. of the Revised Code to practice medicine and surgery or	792
osteopathic medicine and surgery.	793

(L) "Collaboration" or "collaborating" means the following:

794

(1) In the case of a clinical nurse specialist, except as	795
provided in division (L)(3) of this section, or a certified nurse	796
practitioner, that one or more podiatrists acting within the scope	797
of practice of podiatry in accordance with section 4731.51 of the	798
Revised Code and with whom the nurse has entered into a standard	799
care arrangement or one or more physicians with whom the nurse has	800
entered into a standard care arrangement are continuously	801
available to communicate with the clinical nurse specialist or	802
certified nurse practitioner either in person or by radio,	803
telephone, or other form of telecommunication;	804

(2) In the case of a certified nurse-midwife, that one or	805
more physicians with whom the certified nurse-midwife has entered	806
into a standard care arrangement are continuously available to	807
communicate with the certified nurse-midwife either in person or	808
by radio, telephone, or other form of telecommunication;	809

(3) In the case of a clinical nurse specialist who practices	810
the nursing specialty of mental health or psychiatric mental	811
health without being authorized to prescribe drugs and therapeutic	812
devices, that one or more physicians are continuously available to	813
communicate with the nurse either in person or by radio,	814
telephone, or other form of telecommunication.	815

(M) "Supervision," as it pertains to a certified registered	816
nurse anesthetist, means that the certified registered nurse	817
anesthetist is under the direction of a podiatrist acting within	818
the podiatrist's scope of practice in accordance with section	819
4731.51 of the Revised Code, a dentist acting within the dentist's	820
scope of practice in accordance with Chapter 4715. of the Revised	821
Code, or a physician, and, when administering anesthesia, the	822
certified registered nurse anesthetist is in the immediate	823
presence of the podiatrist, dentist, or physician.	824

(N) "Standard care arrangement," except as it pertains to an	825
advanced practice nurse, means a written, formal guide for	826
planning and evaluating a patient's health care that is developed	827
by one or more collaborating physicians or podiatrists and a	828
clinical nurse specialist, certified nurse-midwife, or certified	829
nurse practitioner and meets the requirements of section 4723.431	830
of the Revised Code.	831

(O) "Advanced practice nurse," until three years and eight	832
months after May 17, 2000, means a registered nurse who is	833
approved by the board of nursing under section 4723.55 of the	834
Revised Code to practice as an advanced practice nursecertified	835
registered nurse anesthetist, clinical nurse specialist, certified	836
nurse-midwife, or certified nurse practitioner.	837

(P) "Dialysis care" means the care and procedures that a	838
dialysis technician is authorized to provide and perform, as	839
specified in section 4723.72 of the Revised Code.	840

(Q) "Dialysis technician" means an individual who holds a	841
current, valid certificate or temporary certificate issued under	842
this chapter that authorizes the individual to practice as a	843
dialysis technician in accordance with section 4723.72 of the	844
Revised Code.	845

(R) "Certified community health worker" means an individual	846
who holds a current, valid certificate as a community health	847
worker issued by the board of nursing under section 4723.85 of the	848
Revised Code.	849

Sec. 4723.03.  (A) No person shall engage in the practice of	850
nursing as a registered nurse, represent the person as being a	851
registered nurse, or use the title "registered nurse," the	852
initials "R.N.," or any other title implying that the person is a	853
registered nurse, for a fee, salary, or other consideration, or as	854
a volunteer, without holding a current, valid license as a	855
registered nurse under this chapter.	856

(B) No person shall engage in the practice of nursing as a	857
licensed practical nurse, represent the person as being a licensed	858
practical nurse, or use the title "licensed practical nurse," the	859
initials "L.P.N.," or any other title implying that the person is	860
a licensed practical nurse, for a fee, salary, or other	861
consideration, or as a volunteer, without holding a current, valid	862
license as a practical nurse under this chapter.	863

(C) No person shall use the titles or initials "graduate	864
nurse," "G.N.," "professional nurse," "P.N.," "graduate practical	865
nurse," "G.P.N.," "practical nurse," "P.N.," "trained nurse,"	866
"T.N.," or any other statement, title, or initials that would	867
imply or represent to the public that the person is authorized to	868
practice nursing in this state, except as follows:	869

(1) A person licensed under this chapter to practice nursing	870
as a registered nurse may use that title and the initials "R.N.";	871

(2) A person licensed under this chapter to practice nursing	872
as a licensed practical nurse may use that title and the initials	873
"L.P.N.";	874

(3) A person authorized under this chapter to practice	875
nursing as a certified registered nurse anesthetist may use that	876
title, the initials "C.R.N.A." or "N.A.," and any other title or	877
initials approved by the board of nursing;	878

(4) A person authorized under this chapter to practice	879
nursing as a clinical nurse specialist may use that title, the	880
initials "C.N.S.," and any other title or initials approved by the	881
board;	882

(5) A person authorized under this chapter to practice	883
nursing as a certified nurse-midwife may use that title, the	884
initials "C.N.M.," and any other title or initials approved by the	885
board;	886

(6) A person authorized under this chapter to practice	887
nursing as a certified nurse practitioner may use that title, the	888
initials "C.N.P.," and any other title or initials approved by the	889
board;	890

(7) A person authorized under this chapter to practice as a	891
certified registered nurse anesthetist, clinical nurse specialist,	892
certified nurse-midwife, or certified nurse practitioner may use	893
the title "advanced practice nurse," the initials "A.P.N.," and	894
any other title or initials approved by the board.	895

(D) No person shall employ a person not licensed as a	896
registered nurse under this chapter to engage in the practice of	897
nursing as a registered nurse. No person shall employ a person not	898
licensed as a practical nurse under this chapter to engage in the	899
practice of nursing as a licensed practical nurse.	900

(E) No person shall sell or fraudulently obtain or furnish	901
any nursing diploma, license, certificate, renewal, or record, or	902
aid or abet such acts.	903

Sec. 4723.28.  (A) The board of nursing, by a vote of a	904
quorum, may revoke or may refuse to grant a nursing license,	905
certificate of authority, or dialysis technician certificate to a	906
person found by the board to have committed fraud in passing an	907
examination required to obtain the license, certificate of	908
authority, or dialysis technician certificate or to have committed	909
fraud, misrepresentation, or deception in applying for or securing	910
any nursing license, certificate of authority, or dialysis	911
technician certificate issued by the board.	912

(B) Subject to division (N) of this section, the board of	913
nursing, by a vote of a quorum, may impose one or more of the	914
following sanctions: deny, revoke, suspend, or place restrictions	915
on any nursing license, certificate of authority, or dialysis	916
technician certificate issued by the board; reprimand or otherwise	917
discipline a holder of a nursing license, certificate of	918
authority, or dialysis technician certificate; or impose a fine of	919
not more than five hundred dollars per violation. The sanctions	920
may be imposed for any of the following:	921

(1) Denial, revocation, suspension, or restriction of	922
authority to practice a health care occupation, including nursing	923
or practice as a dialysis technician, for any reason other than a	924
failure to renew, in Ohio or another state or jurisdiction;	925

(2) Engaging in the practice of nursing or engaging in	926
practice as a dialysis technician, having failed to renew a	927
nursing license or dialysis technician certificate issued under	928
this chapter, or while a nursing license or dialysis technician	929
certificate is under suspension;	930

(3) Conviction of, a plea of guilty to, a judicial finding of	931
guilt of, a judicial finding of guilt resulting from a plea of no	932
contest to, or a judicial finding of eligibility for intervention	933
in lieu of conviction for, a misdemeanor committed in the course	934
of practice;	935

(4) Conviction of, a plea of guilty to, a judicial finding of	936
guilt of, a judicial finding of guilt resulting from a plea of no	937
contest to, or a judicial finding of eligibility for intervention	938
in lieu of conviction for, any felony or of any crime involving	939
gross immorality or moral turpitude;	940

(5) Selling, giving away, or administering drugs or	941
therapeutic devices for other than legal and legitimate	942
therapeutic purposes; or conviction of, a plea of guilty to, a	943
judicial finding of guilt of, a judicial finding of guilt	944
resulting from a plea of no contest to, or a judicial finding of	945
eligibility for intervention in lieu of conviction for, violating	946
any municipal, state, county, or federal drug law;	947

(6) Conviction of, a plea of guilty to, a judicial finding of	948
guilt of, a judicial finding of guilt resulting from a plea of no	949
contest to, or a judicial finding of eligibility for intervention	950
in lieu of conviction for, an act in another jurisdiction that	951
would constitute a felony or a crime of moral turpitude in Ohio;	952

(7) Conviction of, a plea of guilty to, a judicial finding of	953
guilt of, a judicial finding of guilt resulting from a plea of no	954
contest to, or a judicial finding of eligibility for intervention	955
in lieu of conviction for, an act in the course of practice in	956
another jurisdiction that would constitute a misdemeanor in Ohio;	957

(8) Self-administering or otherwise taking into the body any	958
dangerous drug, as defined in section 4729.01 of the Revised Code,	959
in any way not in accordance with a legal, valid prescription	960
issued for that individual;	961

(9) Habitual indulgence in the use of controlled substances,	962
other habit-forming drugs, or alcohol or other chemical substances	963
to an extent that impairs ability to practice;	964

(10) Impairment of the ability to practice according to	965
acceptable and prevailing standards of safe nursing care because	966
of habitual or excessive use of drugs, alcohol, or other chemical	967
substances that impair the ability to practice;	968

(11) Impairment of the ability to practice according to	969
acceptable and prevailing standards of safe nursing care because	970
of a physical or mental disability;	971

(12) Assaulting or causing harm to a patient or depriving a	972
patient of the means to summon assistance;	973

(13) Obtaining or attempting to obtain money or anything of	974
value by intentional misrepresentation or material deception in	975
the course of practice;	976

(14) Adjudication by a probate court of being mentally ill or	977
mentally incompetent. The board may restore the person's nursing	978
license or dialysis technician certificate upon adjudication by a	979
probate court of the person's restoration to competency or upon	980
submission to the board of other proof of competency.	981

(15) The suspension or termination of employment by the	982
department of defense or the veterans administration of the United	983
States for any act that violates or would violate this chapter;	984

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

985

(17) Violation of any restrictions placed on a nursing	986
license or dialysis technician certificate by the board;	987

(18) Failure to use universal blood and body fluid	988
precautions established by rules adopted under section 4723.07 of	989
the Revised Code;	990

(19) Failure to practice in accordance with acceptable and	991
prevailing standards of safe nursing care or safe dialysis care;	992

(20) In the case of a registered nurse, engaging in	993
activities that exceed the practice of nursing as a registered	994
nurse;	995

(21) In the case of a licensed practical nurse, engaging in	996
activities that exceed the practice of nursing as a licensed	997
practical nurse;	998

(22) In the case of a dialysis technician, engaging in	999
activities that exceed those permitted under section 4723.72 of	1000
the Revised Code;	1001

(23) Aiding and abetting a person in that person's practice	1002
of nursing without a license or practice as a dialysis technician	1003
without a certificate issued under this chapter;	1004

(24) In the case of a certified registered nurse anesthetist,	1005
clinical nurse specialist, certified nurse-midwife, or certified	1006
nurse practitioner, or advanced practice nurse, except as provided	1007
in division (M) of this section, either of the following:	1008

(a) Waiving the payment of all or any part of a deductible or	1009
copayment that a patient, pursuant to a health insurance or health	1010
care policy, contract, or plan that covers such nursing services,	1011
would otherwise be required to pay if the waiver is used as an	1012
enticement to a patient or group of patients to receive health	1013
care services from that provider;	1014

(b) Advertising that the nurse will waive the payment of all	1015
or any part of a deductible or copayment that a patient, pursuant	1016
to a health insurance or health care policy, contract, or plan	1017
that covers such nursing services, would otherwise be required to	1018
pay.	1019

(25) Failure to comply with the terms and conditions of	1020
participation in the chemical dependency monitoring program	1021
established under section 4723.35 of the Revised Code;	1022

(26) Failure to comply with the terms and conditions required	1023
under the practice intervention and improvement program	1024
established under section 4723.282 of the Revised Code;	1025

(27) In the case of a certified registered nurse anesthetist,	1026
clinical nurse specialist, certified nurse-midwife, or certified	1027
nurse practitioner:	1028

(a) Engaging in activities that exceed those permitted for	1029
the nurse's nursing specialty under section 4723.43 of the Revised	1030
Code;	1031

(b) Failure to meet the quality assurance standards	1032
established under section 4723.07 of the Revised Code.	1033

(28) In the case of a clinical nurse specialist, certified	1034
nurse-midwife, or certified nurse practitioner, failure to	1035
maintain a standard care arrangement in accordance with section	1036
4723.431 of the Revised Code or to practice in accordance with the	1037
standard care arrangement;	1038

(29) In the case of a clinical nurse specialist, certified	1039
nurse-midwife, or certified nurse practitioner who holds a	1040
certificate to prescribe issued under section 4723.48 of the	1041
Revised Code, failure to prescribe drugs and therapeutic devices	1042
in accordance with section 4723.481 of the Revised Code;	1043

(30) Prescribing any drug or device to perform or induce an	1044
abortion, or otherwise performing or inducing an abortion;	1045

(31) Failure to establish and maintain professional	1046
boundaries with a patient, as specified in rules adopted under	1047
section 4723.07 of the Revised Code;	1048

(32) Regardless of whether the contact or verbal behavior is	1049
consensual, engaging with a patient other than the spouse of the	1050
registered nurse, licensed practical nurse, or dialysis technician	1051
in any of the following:	1052

(a) Sexual contact, as defined in section 2907.01 of the	1053
Revised Code;	1054

(b) Verbal behavior that is sexually demeaning to the patient	1055
or may be reasonably interpreted by the patient as sexually	1056
demeaning.	1057

(33) Assisting suicide as defined in section 3795.01 of the	1058
Revised Code.	1059

(C) Disciplinary actions taken by the board under divisions	1060
(A) and (B) of this section shall be taken pursuant to an	1061
adjudication conducted under Chapter 119. of the Revised Code,	1062
except that in lieu of a hearing, the board may enter into a	1063
consent agreement with an individual to resolve an allegation of a	1064
violation of this chapter or any rule adopted under it. A consent	1065
agreement, when ratified by a vote of a quorum, shall constitute	1066
the findings and order of the board with respect to the matter	1067
addressed in the agreement. If the board refuses to ratify a	1068
consent agreement, the admissions and findings contained in the	1069
agreement shall be of no effect.	1070

(D) The hearings of the board shall be conducted in	1071
accordance with Chapter 119. of the Revised Code, the board may	1072
appoint a hearing examiner, as provided in section 119.09 of the	1073
Revised Code, to conduct any hearing the board is authorized to	1074
hold under Chapter 119. of the Revised Code.	1075

In any instance in which the board is required under Chapter	1076
119. of the Revised Code to give notice of an opportunity for a	1077
hearing and the applicant or license holder does not make a timely	1078
request for a hearing in accordance with section 119.07 of the	1079
Revised Code, the board is not required to hold a hearing, but may	1080
adopt, by a vote of a quorum, a final order that contains the	1081
board's findings. In the final order, the board may order any of	1082
the sanctions listed in division (A) or (B) of this section.	1083

(E) If a criminal action is brought against a registered	1084
nurse, licensed practical nurse, or dialysis technician for an act	1085
or crime described in divisions (B)(3) to (7) of this section and	1086
the action is dismissed by the trial court other than on the	1087
merits, the board shall conduct an adjudication to determine	1088
whether the registered nurse, licensed practical nurse, or	1089
dialysis technician committed the act on which the action was	1090
based. If the board determines on the basis of the adjudication	1091
that the registered nurse, licensed practical nurse, or dialysis	1092
technician committed the act, or if the registered nurse, licensed	1093
practical nurse, or dialysis technician fails to participate in	1094
the adjudication, the board may take action as though the	1095
registered nurse, licensed practical nurse, or dialysis technician	1096
had been convicted of the act.	1097

If the board takes action on the basis of a conviction, plea,	1098
or a judicial finding as described in divisions (B)(3) to (7) of	1099
this section that is overturned on appeal, the registered nurse,	1100
licensed practical nurse, or dialysis technician may, on	1101
exhaustion of the appeal process, petition the board for	1102
reconsideration of its action. On receipt of the petition and	1103
supporting court documents, the board shall temporarily rescind	1104
its action. If the board determines that the decision on appeal	1105
was a decision on the merits, it shall permanently rescind its	1106
action. If the board determines that the decision on appeal was	1107
not a decision on the merits, it shall conduct an adjudication to	1108
determine whether the registered nurse, licensed practical nurse,	1109
or dialysis technician committed the act on which the original	1110
conviction, plea, or judicial finding was based. If the board	1111
determines on the basis of the adjudication that the registered	1112
nurse, licensed practical nurse, or dialysis technician committed	1113
such act, or if the registered nurse, licensed practical nurse, or	1114
dialysis technician does not request an adjudication, the board	1115
shall reinstate its action; otherwise, the board shall permanently	1116
rescind its action.	1117

Notwithstanding the provision of division (C)(2) of section	1118
2953.32 of the Revised Code specifying that if records pertaining	1119
to a criminal case are sealed under that section the proceedings	1120
in the case shall be deemed not to have occurred, sealing of the	1121
records of a conviction on which the board has based an action	1122
under this section shall have no effect on the board's action or	1123
any sanction imposed by the board under this section.	1124

The board shall not be required to seal, destroy, redact, or	1125
otherwise modify its records to reflect the court's sealing of	1126
conviction records.	1127

(F) The board may investigate an individual's criminal	1128
background in performing its duties under this section.	1129

(G) During the course of an investigation conducted under	1130
this section, the board may compel any registered nurse, licensed	1131
practical nurse, or dialysis technician or applicant under this	1132
chapter to submit to a mental or physical examination, or both, as	1133
required by the board and at the expense of the individual, if the	1134
board finds reason to believe that the individual under	1135
investigation may have a physical or mental impairment that may	1136
affect the individual's ability to provide safe nursing care.	1137
Failure of any individual to submit to a mental or physical	1138
examination when directed constitutes an admission of the	1139
allegations, unless the failure is due to circumstances beyond the	1140
individual's control, and a default and final order may be entered	1141
without the taking of testimony or presentation of evidence.	1142

If the board finds that an individual is impaired, the board	1143
shall require the individual to submit to care, counseling, or	1144
treatment approved or designated by the board, as a condition for	1145
initial, continued, reinstated, or renewed authority to practice.	1146
The individual shall be afforded an opportunity to demonstrate to	1147
the board that the individual can begin or resume the individual's	1148
occupation in compliance with acceptable and prevailing standards	1149
of care under the provisions of the individual's authority to	1150
practice.	1151

For purposes of this division, any registered nurse, licensed	1152
practical nurse, or dialysis technician or applicant under this	1153
chapter shall be deemed to have given consent to submit to a	1154
mental or physical examination when directed to do so in writing	1155
by the board, and to have waived all objections to the	1156
admissibility of testimony or examination reports that constitute	1157
a privileged communication.	1158

(H) The board shall investigate evidence that appears to show	1159
that any person has violated any provision of this chapter or any	1160
rule of the board. Any person may report to the board any	1161
information the person may have that appears to show a violation	1162
of any provision of this chapter or rule of the board. In the	1163
absence of bad faith, any person who reports such information or	1164
who testifies before the board in any adjudication conducted under	1165
Chapter 119. of the Revised Code shall not be liable for civil	1166
damages as a result of the report or testimony.	1167

(I) All of the following apply under this chapter with	1168
respect to the confidentiality of information:	1169

(1) Information received by the board pursuant to an	1170
investigation is confidential and not subject to discovery in any	1171
civil action, except that the board may disclose information to	1172
law enforcement officers and government entities investigating a	1173
registered nurse, licensed practical nurse, or dialysis technician	1174
or a person who may have engaged in the unauthorized practice of	1175
nursing. No law enforcement officer or government entity with	1176
knowledge of any information disclosed by the board pursuant to	1177
this division shall divulge the information to any other person or	1178
government entity except for the purpose of an adjudication by a	1179
court or licensing or registration board or officer to which the	1180
person to whom the information relates is a party.	1181

(2) If an investigation requires a review of patient records,	1182
the investigation and proceeding shall be conducted in such a	1183
manner as to protect patient confidentiality.	1184

(3) All adjudications and investigations of the board shall	1185
be considered civil actions for the purposes of section 2305.252	1186
of the Revised Code.	1187

(4) Any board activity that involves continued monitoring of	1188
an individual as part of or following any disciplinary action	1189
taken under this section shall be conducted in a manner that	1190
maintains the individual's confidentiality. Information received	1191
or maintained by the board with respect to the board's monitoring	1192
activities is confidential and not subject to discovery in any	1193
civil action.	1194

(J) Any action taken by the board under this section	1195
resulting in a suspension from practice shall be accompanied by a	1196
written statement of the conditions under which the person may be	1197
reinstated to practice.	1198

(K) When the board refuses to grant a license or certificate	1199
to an applicant, revokes a license or certificate, or refuses to	1200
reinstate a license or certificate, the board may specify that its	1201
action is permanent. An individual subject to permanent action	1202
taken by the board is forever ineligible to hold a license or	1203
certificate of the type that was refused or revoked and the board	1204
shall not accept from the individual an application for	1205
reinstatement of the license or certificate or for a new license	1206
or certificate.	1207

(L) No unilateral surrender of a nursing license, certificate	1208
of authority, or dialysis technician certificate issued under this	1209
chapter shall be effective unless accepted by majority vote of the	1210
board. No application for a nursing license, certificate of	1211
authority, or dialysis technician certificate issued under this	1212
chapter may be withdrawn without a majority vote of the board. The	1213
board's jurisdiction to take disciplinary action under this	1214
section is not removed or limited when an individual has a license	1215
or certificate classified as inactive or fails to renew a license	1216
or certificate.	1217

(M) Sanctions shall not be imposed under division (B)(24) of	1218
this section against any licensee who waives deductibles and	1219
copayments as follows:	1220

(1) In compliance with the health benefit plan that expressly	1221
allows such a practice. Waiver of the deductibles or copayments	1222
shall be made only with the full knowledge and consent of the plan	1223
purchaser, payer, and third-party administrator. Documentation of	1224
the consent shall be made available to the board upon request.	1225

(2) For professional services rendered to any other person	1226
licensed pursuant to this chapter to the extent allowed by this	1227
chapter and the rules of the board.	1228

(N)(1) Any person who enters a prelicensure nursing education	1229
program on or after June 1, 2003, and who subsequently applies	1230
under division (A) of section 4723.09 of the Revised Code for	1231
licensure to practice as a registered nurse or as a licensed	1232
practical nurse and any person who applies under division (B) of	1233
that section for license by endorsement to practice nursing as a	1234
registered nurse or as a licensed practical nurse shall submit a	1235
request to the bureau of criminal identification and investigation	1236
for the bureau to conduct a criminal records check of the	1237
applicant and to send the results to the board, in accordance with	1238
section 4723.09 of the Revised Code.	1239

The board shall refuse to grant a license to practice nursing	1240
as a registered nurse or as a licensed practical nurse under	1241
section 4723.09 of the Revised Code to a person who entered a	1242
prelicensure nursing education program on or after June 1, 2003,	1243
and applied under division (A) of section 4723.09 of the Revised	1244
Code for the license or a person who applied under division (B) of	1245
that section for the license, if the criminal records check	1246
performed in accordance with division (C) of that section	1247
indicates that the person has pleaded guilty to, been convicted	1248
of, or has had a judicial finding of guilt for violating section	1249
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	1250
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	1251
substantially similar law of another state, the United States, or	1252
another country.	1253

(2) Any person who enters a dialysis training program on or	1254
after June 1, 2003, and who subsequently applies for a certificate	1255
to practice as a dialysis technician shall submit a request to the	1256
bureau of criminal identification and investigation for the bureau	1257
to conduct a criminal records check of the applicant and to send	1258
the results to the board, in accordance with section 4723.75 of	1259
the Revised Code.	1260

The board shall refuse to issue a certificate to practice as	1261
a dialysis technician under section 4723.75 of the Revised Code to	1262
a person who entered a dialysis training program on or after June	1263
1, 2003, and whose criminal records check performed in accordance	1264
with division (C) of that section indicates that the person has	1265
pleaded guilty to, been convicted of, or has had a judicial	1266
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	1267
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	1268
2911.11 of the Revised Code or a substantially similar law of	1269
another state, the United States, or another country.	1270

Sec. 4723.44.  (A) No person shall do any of the following	1271
unless the person holds a current, valid certificate of authority	1272
to practice nursing as a certified registered nurse anesthetist,	1273
clinical nurse specialist, certified nurse-midwife, or certified	1274
nurse practitioner issued by the board of nursing under this	1275
chapter:	1276

(1) Engage in the practice of nursing as a certified	1277
registered nurse anesthetist, clinical nurse specialist, certified	1278
nurse-midwife, or certified nurse practitioner for a fee, salary,	1279
or other consideration, or as a volunteer;	1280

(2) Represent the person as being a certified registered	1281
nurse anesthetist, clinical nurse specialist, certified	1282
nurse-midwife, or certified nurse practitioner;	1283

(3) Use any title or initials implying that the person is a	1284
certified registered nurse anesthetist, clinical nurse specialist,	1285
certified nurse-midwife, or certified nurse practitioner;	1286

(4) Represent the person as being an advanced practice nurse;

1287

(5) Use any title or initials implying that the person is an	1288
advanced practice nurse.	1289

(B) No person who is not certified by the national council on	1290
certification of nurse anesthetists of the American association of	1291
nurse anesthetists, the national council on recertification of	1292
nurse anesthetists of the American association of nurse	1293
anesthetists, or another national certifying organization approved	1294
by the board under section 4723.46 of the Revised Code shall use	1295
the title "certified registered nurse anesthetist" or the initials	1296
"C.R.N.A.," or any other title or initial implying that the person	1297
has been certified by the council or organization.	1298

(C) No certified registered nurse anesthetist, clinical nurse	1299
specialist, certified nurse-midwife, or certified nurse	1300
practitioner shall do any of the following:	1301

(1) Engage, for a fee, salary, or other consideration, or as	1302
a volunteer, in the practice of a nursing specialty other than the	1303
specialty designated on the nurse's current, valid certificate of	1304
authority issued by the board under this chapter;	1305

(2) Represent the person as being authorized to practice any	1306
nursing specialty other than the specialty designated on the	1307
current, valid certificate;	1308

(3) Use the title "certified registered nurse anesthetist" or	1309
the initials "N.A." or "C.R.N.A.," the title "clinical nurse	1310
specialist" or the initials "C.N.S.," the title "certified	1311
nurse-midwife" or the initials "C.N.M.," the title "certified	1312
nurse practitioner" or the initials "C.N.P.," or any other title	1313
or initials implying that the nurse is authorized to practice any	1314
nursing specialty other than the specialty designated on the	1315
nurse's current, valid certificate;	1316

(4) Enter into a standard care arrangement with a physician	1317
or podiatrist whose practice is not the same as or similar to the	1318
nurse's nursing specialty;	1319

(5) Prescribe drugs or therapeutic devices unless the nurse	1320
holds a current, valid certificate to prescribe issued under	1321
section 4723.48 of the Revised Code;	1322

(6) Prescribe drugs or therapeutic devices under a	1323
certificate to prescribe in a manner that does not comply with	1324
section 4723.481 of the Revised Code;	1325

(7) Prescribe any drug or device to perform or induce an	1326
abortion, or otherwise Perform or induce an abortion.	1327

(D) No person shall knowingly employ a person to engage in	1328
the practice of nursing as a certified registered nurse	1329
anesthetist, clinical nurse specialist, certified nurse-midwife,	1330
or certified nurse practitioner unless the person so employed	1331
holds a current, valid certificate of authority to engage in that	1332
nursing specialty issued by the board under this chapter.	1333

(E) A certificate certified by the executive director of the	1334
board, under the official seal of the board, to the effect that it	1335
appears from the records that no certificate of authority to	1336
practice nursing as a certified registered nurse anesthetist,	1337
clinical nurse specialist, certified nurse-midwife, or certified	1338
nurse practitioner has been issued to any person specified	1339
therein, or that a certificate, if issued, has been revoked or	1340
suspended, shall be received as prima-facie evidence of the record	1341
in any court or before any officer of the state.	1342

Sec. 4723.48.  (A) A clinical nurse specialist, certified	1343
nurse-midwife, or certified nurse practitioner seeking authority	1344
to prescribe drugs and therapeutic devices shall file with the	1345
board of nursing a written application for a certificate to	1346
prescribe. The board of nursing shall issue a certificate to	1347
prescribe to each applicant who meets the requirements specified	1348
in section 4723.482 or 4723.484 of the Revised Code.	1349

Except as provided in division (B) of this section, the	1350
initial certificate to prescribe that the board issues to an	1351
applicant shall be issued as an externship certificate. Under an	1352
externship certificate, the nurse may obtain experience in	1353
prescribing drugs and therapeutic devices by participating in an	1354
externship that evaluates the nurse's competence, knowledge, and	1355
skill in pharmacokinetic principles and their clinical application	1356
to the specialty being practiced. During the externship, the nurse	1357
may prescribe drugs and therapeutic devices only when one or more	1358
physicians are providing supervision in accordance with rules	1359
adopted under section 4723.50 of the Revised Code.	1360

After completing the externship, the holder of an externship	1361
certificate may apply for a new certificate to prescribe. On	1362
receipt of the new certificate, the nurse may prescribe drugs and	1363
therapeutic devices in collaboration with one or more physicians	1364
or podiatrists.	1365

(B) In the case of an advanced practice nursean applicant	1366
who on May 17, 2000, iswas approved under section 4723.56 of the	1367
Revised Code to prescribe drugs and therapeutic devices, the	1368
initial certificate to prescribe that the board issues to the	1369
nurseapplicant under this section shall not be an externship	1370
certificate. The nurseapplicant shall be issued a certificate to	1371
prescribe that permits the nurserecipient to prescribe drugs and	1372
therapeutic devices in collaboration with one or more physicians	1373
or podiatrists.	1374

Sec. 4723.482.  (A) An applicant shall include with the	1375
application submitted under section 4723.48 of the Revised Code	1376
all of the following:	1377

(1) Subject to section 4723.483 of the Revised Code, evidence	1378
of holding a current, valid certificate of authority issued under	1379
section 4723.41 of the Revised Code to practice as a clinical	1380
nurse specialist, certified nurse-midwife, or certified nurse	1381
practitioner;	1382

(2) Except for an advanced practice nursea person who on the	1383
effective date of this section isMay 17, 2000, was approved under	1384
section 4723.56 of the Revised Code to prescribe drugs and	1385
therapeutic devices, evidence of successfully completing the	1386
instruction in advanced pharmacology and related topics specified	1387
in division (B) of this section;	1388

(3) The fee required by section 4723.08 of the Revised Code	1389
for a certificate to prescribe;	1390

(4) Any additional information the board requires pursuant to	1391
rules adopted under section 4723.50 of the Revised Code.	1392

(B) All of the following apply to the instruction required	1393
under division (A)(2) of this section:	1394

(1) The instruction must be obtained not longer than three	1395
years before the application for the certificate to prescribe is	1396
filed.	1397

(2) The instruction must be obtained through a course of	1398
study consisting of planned classroom and clinical study that is	1399
approved by the board of nursing in accordance with standards	1400
established in rules adopted under section 4723.50 of the Revised	1401
Code.	1402

(3) The content of the instruction must be specific to the	1403
applicant's nursing specialty and include all of the following:	1404

(a) A minimum of thirty contact hours of training in advanced	1405
pharmacology that includes pharmacokinetic principles and clinical	1406
application and the use of drugs and therapeutic devices in the	1407
prevention of illness and maintenance of health;	1408

(b) Training in the fiscal and ethical implications of	1409
prescribing drugs and therapeutic devices;	1410

(c) Training in the state and federal laws that apply to the	1411
authority to prescribe;	1412

(d) Any additional training required pursuant to rules	1413
adopted under section 4723.50 of the Revised Code.	1414

Sec. 4729.01. As used in this chapter:

1415

(A) "Pharmacy," except when used in a context that refers to	1416
the practice of pharmacy, means any area, room, rooms, place of	1417
business, department, or portion of any of the foregoing where the	1418
practice of pharmacy is conducted.	1419

(B) "Practice of pharmacy" means providing pharmacist care	1420
requiring specialized knowledge, judgment, and skill derived from	1421
the principles of biological, chemical, behavioral, social,	1422
pharmaceutical, and clinical sciences. As used in this division,	1423
"pharmacist care" includes the following:	1424

(1) Interpreting prescriptions;

1425

(2) Compounding or dispensing drugs and dispensing drug	1426
therapy related devices;	1427

(3) Counseling individuals with regard to their drug therapy,	1428
recommending drug therapy related devices, and assisting in the	1429
selection of drugs and appliances for treatment of common diseases	1430
and injuries and providing instruction in the proper use of the	1431
drugs and appliances;	1432

(4) Performing drug regimen reviews with individuals by	1433
discussing all of the drugs that the individual is taking and	1434
explaining the interactions of the drugs;	1435

(5) Performing drug utilization reviews with licensed health	1436
professionals authorized to prescribe drugs when the pharmacist	1437
determines that an individual with a prescription has a drug	1438
regimen that warrants additional discussion with the prescriber;	1439

(6) Advising an individual and the health care professionals	1440
treating an individual with regard to the individual's drug	1441
therapy;	1442

(7) Acting pursuant to a consult agreement with a physician	1443
authorized under Chapter 4731. of the Revised Code to practice	1444
medicine and surgery or osteopathic medicine and surgery, if an	1445
agreement has been established with the physician;	1446

(8) Administering the adult immunizations specified in	1447
section 4729.41 of the Revised Code, if the pharmacist has met the	1448
requirements of that section.	1449

(C) "Compounding" means the preparation, mixing, assembling,	1450
packaging, and labeling of one or more drugs in any of the	1451
following circumstances:	1452

(1) Pursuant to a prescription issued by a licensed health	1453
professional authorized to prescribe drugs;	1454

(2) Pursuant to the modification of a prescription made in	1455
accordance with a consult agreement;	1456

(3) As an incident to research, teaching activities, or	1457
chemical analysis;	1458

(4) In anticipation of prescription drug orders based on	1459
routine, regularly observed dispensing patterns.	1460

(D) "Consult agreement" means an agreement to manage an	1461
individual's drug therapy that has been entered into by a	1462
pharmacist and a physician authorized under Chapter 4731. of the	1463
Revised Code to practice medicine and surgery or osteopathic	1464
medicine and surgery.	1465

(E) "Drug" means:

1466

(1) Any article recognized in the United States pharmacopoeia	1467
and national formulary, or any supplement to them, intended for	1468
use in the diagnosis, cure, mitigation, treatment, or prevention	1469
of disease in humans or animals;	1470

(2) Any other article intended for use in the diagnosis,	1471
cure, mitigation, treatment, or prevention of disease in humans or	1472
animals;	1473

(3) Any article, other than food, intended to affect the	1474
structure or any function of the body of humans or animals;	1475

(4) Any article intended for use as a component of any	1476
article specified in division (C)(E)(1), (2), or (3) of this	1477
section; but does not include devices or their components, parts,	1478
or accessories.	1479

(F) "Dangerous drug" means any of the following:

1480

(1) Any drug to which either of the following applies:

1481

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	1482
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	1483
required to bear a label containing the legend "Caution: Federal	1484
law prohibits dispensing without prescription" or "Caution:	1485
Federal law restricts this drug to use by or on the order of a	1486
licensed veterinarian" or any similar restrictive statement, or	1487
the drug may be dispensed only upon a prescription;	1488

(b) Under Chapter 3715. or 3719. of the Revised Code, the	1489
drug may be dispensed only upon a prescription.	1490

(2) Any drug that contains a schedule V controlled substance	1491
and that is exempt from Chapter 3719. of the Revised Code or to	1492
which that chapter does not apply;	1493

(3) Any drug intended for administration by injection into	1494
the human body other than through a natural orifice of the human	1495
body.	1496

(G) "Federal drug abuse control laws" has the same meaning as	1497
in section 3719.01 of the Revised Code.	1498

(H) "Prescription" means a written, electronic, or oral order	1499
for drugs or combinations or mixtures of drugs to be used by a	1500
particular individual or for treating a particular animal, issued	1501
by a licensed health professional authorized to prescribe drugs.	1502

(I) "Licensed health professional authorized to prescribe	1503
drugs" or "prescriber" means an individual who is authorized by	1504
law to prescribe drugs or dangerous drugs or drug therapy related	1505
devices in the course of the individual's professional practice,	1506
including only the following:	1507

(1) A dentist licensed under Chapter 4715. of the Revised	1508
Code;	1509

(2) Until January 17, 2000, an advanced practice nurse	1510
approved under section 4723.56 of the Revised Code to prescribe	1511
drugs and therapeutic devices;	1512

(3) A clinical nurse specialist, certified nurse-midwife, or	1513
certified nurse practitioner who holds a certificate to prescribe	1514
issued under section 4723.48 of the Revised Code;	1515

(4)(3) An optometrist licensed under Chapter 4725. of the	1516
Revised Code to practice optometry under a therapeutic	1517
pharmaceutical agents certificate;	1518

(5)(4) A physician authorized under Chapter 4731. of the	1519
Revised Code to practice medicine and surgery, osteopathic	1520
medicine and surgery, or podiatry;	1521

(6)(5) A veterinarian licensed under Chapter 4741. of the	1522
Revised Code.	1523

(J) "Sale" and "sell" include delivery, transfer, barter,	1524
exchange, or gift, or offer therefor, and each such transaction	1525
made by any person, whether as principal proprietor, agent, or	1526
employee.	1527

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	1528
which the purpose of the purchaser is to resell the article	1529
purchased or received by the purchaser.	1530

(L) "Retail sale" and "sale at retail" mean any sale other	1531
than a wholesale sale or sale at wholesale.	1532

(M) "Retail seller" means any person that sells any dangerous	1533
drug to consumers without assuming control over and responsibility	1534
for its administration. Mere advice or instructions regarding	1535
administration do not constitute control or establish	1536
responsibility.	1537

(N) "Price information" means the price charged for a	1538
prescription for a particular drug product and, in an easily	1539
understandable manner, all of the following:	1540

(1) The proprietary name of the drug product;

1541

(2) The established (generic) name of the drug product;

1542

(3) The strength of the drug product if the product contains	1543
a single active ingredient or if the drug product contains more	1544
than one active ingredient and a relevant strength can be	1545
associated with the product without indicating each active	1546
ingredient. The established name and quantity of each active	1547
ingredient are required if such a relevant strength cannot be so	1548
associated with a drug product containing more than one	1549
ingredient.	1550

(4) The dosage form;

1551

(5) The price charged for a specific quantity of the drug	1552
product. The stated price shall include all charges to the	1553
consumer, including, but not limited to, the cost of the drug	1554
product, professional fees, handling fees, if any, and a statement	1555
identifying professional services routinely furnished by the	1556
pharmacy. Any mailing fees and delivery fees may be stated	1557
separately without repetition. The information shall not be false	1558
or misleading.	1559

(O) "Wholesale distributor of dangerous drugs" means a person	1560
engaged in the sale of dangerous drugs at wholesale and includes	1561
any agent or employee of such a person authorized by the person to	1562
engage in the sale of dangerous drugs at wholesale.	1563

(P) "Manufacturer of dangerous drugs" means a person, other	1564
than a pharmacist, who manufactures dangerous drugs and who is	1565
engaged in the sale of those dangerous drugs within this state.	1566

(Q) "Terminal distributor of dangerous drugs" means a person	1567
who is engaged in the sale of dangerous drugs at retail, or any	1568
person, other than a wholesale distributor or a pharmacist, who	1569
has possession, custody, or control of dangerous drugs for any	1570
purpose other than for that person's own use and consumption, and	1571
includes pharmacies, hospitals, nursing homes, and laboratories	1572
and all other persons who procure dangerous drugs for sale or	1573
other distribution by or under the supervision of a pharmacist or	1574
licensed health professional authorized to prescribe drugs.	1575

(R) "Promote to the public" means disseminating a	1576
representation to the public in any manner or by any means, other	1577
than by labeling, for the purpose of inducing, or that is likely	1578
to induce, directly or indirectly, the purchase of a dangerous	1579
drug at retail.	1580

(S) "Person" includes any individual, partnership,	1581
association, limited liability company, or corporation, the state,	1582
any political subdivision of the state, and any district,	1583
department, or agency of the state or its political subdivisions.	1584

(T) "Finished dosage form" has the same meaning as in section	1585
3715.01 of the Revised Code.	1586

(U) "Generically equivalent drug" has the same meaning as in	1587
section 3715.01 of the Revised Code.	1588

(V) "Animal shelter" means a facility operated by a humane	1589
society or any society organized under Chapter 1717. of the	1590
Revised Code or a dog pound operated pursuant to Chapter 955. of	1591
the Revised Code.	1592

(W) "Food" has the same meaning as in section 3715.01 of the	1593
Revised Code.	1594

Sec. 4731.22.  (A) The state medical board, by an affirmative	1595
vote of not fewer than six of its members, may revoke or may	1596
refuse to grant a certificate to a person found by the board to	1597
have committed fraud during the administration of the examination	1598
for a certificate to practice or to have committed fraud,	1599
misrepresentation, or deception in applying for or securing any	1600
certificate to practice or certificate of registration issued by	1601
the board.	1602

(B) The board, by an affirmative vote of not fewer than six	1603
members, shall, to the extent permitted by law, limit, revoke, or	1604
suspend an individual's certificate to practice, refuse to	1605
register an individual, refuse to reinstate a certificate, or	1606
reprimand or place on probation the holder of a certificate for	1607
one or more of the following reasons:	1608

(1) Permitting one's name or one's certificate to practice or	1609
certificate of registration to be used by a person, group, or	1610
corporation when the individual concerned is not actually	1611
directing the treatment given;	1612

(2) Failure to maintain minimal standards applicable to the	1613
selection or administration of drugs, or failure to employ	1614
acceptable scientific methods in the selection of drugs or other	1615
modalities for treatment of disease;	1616

(3) Selling, giving away, personally furnishing, prescribing,	1617
or administering drugs for other than legal and legitimate	1618
therapeutic purposes or a plea of guilty to, a judicial finding of	1619
guilt of, or a judicial finding of eligibility for intervention in	1620
lieu of conviction of, a violation of any federal or state law	1621
regulating the possession, distribution, or use of any drug;	1622

(4) Willfully betraying a professional confidence.

1623

For purposes of this division, "willfully betraying a	1624
professional confidence" does not include providing any	1625
information, documents, or reports to a child fatality review	1626
board under sections 307.621 to 307.629 of the Revised Code and	1627
does not include the making of a report of an employee's use of a	1628
drug of abuse, or a report of a condition of an employee other	1629
than one involving the use of a drug of abuse, to the employer of	1630
the employee as described in division (B) of section 2305.33 of	1631
the Revised Code. Nothing in this division affects the immunity	1632
from civil liability conferred by that section upon a physician	1633
who makes either type of report in accordance with division (B) of	1634
that section. As used in this division, "employee," "employer,"	1635
and "physician" have the same meanings as in section 2305.33 of	1636
the Revised Code.	1637

(5) Making a false, fraudulent, deceptive, or misleading	1638
statement in the solicitation of or advertising for patients; in	1639
relation to the practice of medicine and surgery, osteopathic	1640
medicine and surgery, podiatric medicine and surgery, or a limited	1641
branch of medicine; or in securing or attempting to secure any	1642
certificate to practice or certificate of registration issued by	1643
the board.	1644

As used in this division, "false, fraudulent, deceptive, or	1645
misleading statement" means a statement that includes a	1646
misrepresentation of fact, is likely to mislead or deceive because	1647
of a failure to disclose material facts, is intended or is likely	1648
to create false or unjustified expectations of favorable results,	1649
or includes representations or implications that in reasonable	1650
probability will cause an ordinarily prudent person to	1651
misunderstand or be deceived.	1652

(6) A departure from, or the failure to conform to, minimal	1653
standards of care of similar practitioners under the same or	1654
similar circumstances, whether or not actual injury to a patient	1655
is established;	1656

(7) Representing, with the purpose of obtaining compensation	1657
or other advantage as personal gain or for any other person, that	1658
an incurable disease or injury, or other incurable condition, can	1659
be permanently cured;	1660

(8) The obtaining of, or attempting to obtain, money or	1661
anything of value by fraudulent misrepresentations in the course	1662
of practice;	1663

(9) A plea of guilty to, a judicial finding of guilt of, or a	1664
judicial finding of eligibility for intervention in lieu of	1665
conviction for, a felony;	1666

(10) Commission of an act that constitutes a felony in this	1667
state, regardless of the jurisdiction in which the act was	1668
committed;	1669

(11) A plea of guilty to, a judicial finding of guilt of, or	1670
a judicial finding of eligibility for intervention in lieu of	1671
conviction for, a misdemeanor committed in the course of practice;	1672

(12) Commission of an act in the course of practice that	1673
constitutes a misdemeanor in this state, regardless of the	1674
jurisdiction in which the act was committed;	1675

(13) A plea of guilty to, a judicial finding of guilt of, or	1676
a judicial finding of eligibility for intervention in lieu of	1677
conviction for, a misdemeanor involving moral turpitude;	1678

(14) Commission of an act involving moral turpitude that	1679
constitutes a misdemeanor in this state, regardless of the	1680
jurisdiction in which the act was committed;	1681

(15) Violation of the conditions of limitation placed by the	1682
board upon a certificate to practice;	1683

(16) Failure to pay license renewal fees specified in this	1684
chapter;	1685

(17) Except as authorized in section 4731.31 of the Revised	1686
Code, engaging in the division of fees for referral of patients,	1687
or the receiving of a thing of value in return for a specific	1688
referral of a patient to utilize a particular service or business;	1689

(18) Subject to section 4731.226 of the Revised Code,	1690
violation of any provision of a code of ethics of the American	1691
medical association, the American osteopathic association, the	1692
American podiatric medical association, or any other national	1693
professional organizations that the board specifies by rule. The	1694
state medical board shall obtain and keep on file current copies	1695
of the codes of ethics of the various national professional	1696
organizations. The individual whose certificate is being suspended	1697
or revoked shall not be found to have violated any provision of a	1698
code of ethics of an organization not appropriate to the	1699
individual's profession.	1700

For purposes of this division, a "provision of a code of	1701
ethics of a national professional organization" does not include	1702
any provision that would preclude the making of a report by a	1703
physician of an employee's use of a drug of abuse, or of a	1704
condition of an employee other than one involving the use of a	1705
drug of abuse, to the employer of the employee as described in	1706
division (B) of section 2305.33 of the Revised Code. Nothing in	1707
this division affects the immunity from civil liability conferred	1708
by that section upon a physician who makes either type of report	1709
in accordance with division (B) of that section. As used in this	1710
division, "employee," "employer," and "physician" have the same	1711
meanings as in section 2305.33 of the Revised Code.	1712

(19) Inability to practice according to acceptable and	1713
prevailing standards of care by reason of mental illness or	1714
physical illness, including, but not limited to, physical	1715
deterioration that adversely affects cognitive, motor, or	1716
perceptive skills.	1717

In enforcing this division, the board, upon a showing of a	1718
possible violation, may compel any individual authorized to	1719
practice by this chapter or who has submitted an application	1720
pursuant to this chapter to submit to a mental examination,	1721
physical examination, including an HIV test, or both a mental and	1722
a physical examination. The expense of the examination is the	1723
responsibility of the individual compelled to be examined. Failure	1724
to submit to a mental or physical examination or consent to an HIV	1725
test ordered by the board constitutes an admission of the	1726
allegations against the individual unless the failure is due to	1727
circumstances beyond the individual's control, and a default and	1728
final order may be entered without the taking of testimony or	1729
presentation of evidence. If the board finds an individual unable	1730
to practice because of the reasons set forth in this division, the	1731
board shall require the individual to submit to care, counseling,	1732
or treatment by physicians approved or designated by the board, as	1733
a condition for initial, continued, reinstated, or renewed	1734
authority to practice. An individual affected under this division	1735
shall be afforded an opportunity to demonstrate to the board the	1736
ability to resume practice in compliance with acceptable and	1737
prevailing standards under the provisions of the individual's	1738
certificate. For the purpose of this division, any individual who	1739
applies for or receives a certificate to practice under this	1740
chapter accepts the privilege of practicing in this state and, by	1741
so doing, shall be deemed to have given consent to submit to a	1742
mental or physical examination when directed to do so in writing	1743
by the board, and to have waived all objections to the	1744
admissibility of testimony or examination reports that constitute	1745
a privileged communication.	1746

(20) Except when civil penalties are imposed under section	1747
4731.225 or 4731.281 of the Revised Code, and subject to section	1748
4731.226 of the Revised Code, violating or attempting to violate,	1749
directly or indirectly, or assisting in or abetting the violation	1750
of, or conspiring to violate, any provisions of this chapter or	1751
any rule promulgated by the board.	1752

This division does not apply to a violation or attempted	1753
violation of, assisting in or abetting the violation of, or a	1754
conspiracy to violate, any provision of this chapter or any rule	1755
adopted by the board that would preclude the making of a report by	1756
a physician of an employee's use of a drug of abuse, or of a	1757
condition of an employee other than one involving the use of a	1758
drug of abuse, to the employer of the employee as described in	1759
division (B) of section 2305.33 of the Revised Code. Nothing in	1760
this division affects the immunity from civil liability conferred	1761
by that section upon a physician who makes either type of report	1762
in accordance with division (B) of that section. As used in this	1763
division, "employee," "employer," and "physician" have the same	1764
meanings as in section 2305.33 of the Revised Code.	1765

(21) The violation of any abortion rule adopted by the public	1766
health council pursuant to section 3701.341 of the Revised Code;	1767

(22) Any of the following actions taken by the agency	1768
responsible for regulating the practice of medicine and surgery,	1769
osteopathic medicine and surgery, podiatric medicine and surgery,	1770
or the limited branches of medicine in another jurisdiction, for	1771
any reason other than the nonpayment of fees: the limitation,	1772
revocation, or suspension of an individual's license to practice;	1773
acceptance of an individual's license surrender; denial of a	1774
license; refusal to renew or reinstate a license; imposition of	1775
probation; or issuance of an order of censure or other reprimand;	1776

(23) The violation of section 2919.12 of the Revised Code or	1777
the performance or inducement of an abortion upon a pregnant woman	1778
with actual knowledge that the conditions specified in division	1779
(B) of section 2317.56 of the Revised Code have not been satisfied	1780
or with a heedless indifference as to whether those conditions	1781
have been satisfied, unless an affirmative defense as specified in	1782
division (H)(2) of that section would apply in a civil action	1783
authorized by division (H)(1) of that section;	1784

(24) The revocation, suspension, restriction, reduction, or	1785
termination of clinical privileges by the United States department	1786
of defense or department of veterans affairs or the termination or	1787
suspension of a certificate of registration to prescribe drugs by	1788
the drug enforcement administration of the United States	1789
department of justice;	1790

(25) Termination or suspension from participation in the	1791
medicare or medicaid programs by the department of health and	1792
human services or other responsible agency for any act or acts	1793
that also would constitute a violation of division (B)(2), (3),	1794
(6), (8), or (19) of this section;	1795

(26) Impairment of ability to practice according to	1796
acceptable and prevailing standards of care because of habitual or	1797
excessive use or abuse of drugs, alcohol, or other substances that	1798
impair ability to practice.	1799

For the purposes of this division, any individual authorized	1800
to practice by this chapter accepts the privilege of practicing in	1801
this state subject to supervision by the board. By filing an	1802
application for or holding a certificate to practice under this	1803
chapter, an individual shall be deemed to have given consent to	1804
submit to a mental or physical examination when ordered to do so	1805
by the board in writing, and to have waived all objections to the	1806
admissibility of testimony or examination reports that constitute	1807
privileged communications.	1808

If it has reason to believe that any individual authorized to	1809
practice by this chapter or any applicant for certification to	1810
practice suffers such impairment, the board may compel the	1811
individual to submit to a mental or physical examination, or both.	1812
The expense of the examination is the responsibility of the	1813
individual compelled to be examined. Any mental or physical	1814
examination required under this division shall be undertaken by a	1815
treatment provider or physician who is qualified to conduct the	1816
examination and who is chosen by the board.	1817

Failure to submit to a mental or physical examination ordered	1818
by the board constitutes an admission of the allegations against	1819
the individual unless the failure is due to circumstances beyond	1820
the individual's control, and a default and final order may be	1821
entered without the taking of testimony or presentation of	1822
evidence. If the board determines that the individual's ability to	1823
practice is impaired, the board shall suspend the individual's	1824
certificate or deny the individual's application and shall require	1825
the individual, as a condition for initial, continued, reinstated,	1826
or renewed certification to practice, to submit to treatment.	1827

Before being eligible to apply for reinstatement of a	1828
certificate suspended under this division, the impaired	1829
practitioner shall demonstrate to the board the ability to resume	1830
practice in compliance with acceptable and prevailing standards of	1831
care under the provisions of the practitioner's certificate. The	1832
demonstration shall include, but shall not be limited to, the	1833
following:	1834

(a) Certification from a treatment provider approved under	1835
section 4731.25 of the Revised Code that the individual has	1836
successfully completed any required inpatient treatment;	1837

(b) Evidence of continuing full compliance with an aftercare	1838
contract or consent agreement;	1839

(c) Two written reports indicating that the individual's	1840
ability to practice has been assessed and that the individual has	1841
been found capable of practicing according to acceptable and	1842
prevailing standards of care. The reports shall be made by	1843
individuals or providers approved by the board for making the	1844
assessments and shall describe the basis for their determination.	1845

The board may reinstate a certificate suspended under this	1846
division after that demonstration and after the individual has	1847
entered into a written consent agreement.	1848

When the impaired practitioner resumes practice, the board	1849
shall require continued monitoring of the individual. The	1850
monitoring shall include, but not be limited to, compliance with	1851
the written consent agreement entered into before reinstatement or	1852
with conditions imposed by board order after a hearing, and, upon	1853
termination of the consent agreement, submission to the board for	1854
at least two years of annual written progress reports made under	1855
penalty of perjury stating whether the individual has maintained	1856
sobriety.	1857

(27) A second or subsequent violation of section 4731.66 or	1858
4731.69 of the Revised Code;	1859

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

1860

(a) Waiving the payment of all or any part of a deductible or	1861
copayment that a patient, pursuant to a health insurance or health	1862
care policy, contract, or plan that covers the individual's	1863
services, otherwise would be required to pay if the waiver is used	1864
as an enticement to a patient or group of patients to receive	1865
health care services from that individual;	1866

(b) Advertising that the individual will waive the payment of	1867
all or any part of a deductible or copayment that a patient,	1868
pursuant to a health insurance or health care policy, contract, or	1869
plan that covers the individual's services, otherwise would be	1870
required to pay.	1871

(29) Failure to use universal blood and body fluid	1872
precautions established by rules adopted under section 4731.051 of	1873
the Revised Code;	1874

(30) Failure of a collaborating physician to fulfill the	1875
responsibilities agreed to by the physician and an advanced	1876
practice nurse participating in a pilot program under section	1877
4723.52 of the Revised Code;	1878

(31) Failure to provide notice to, and receive acknowledgment	1879
of the notice from, a patient when required by section 4731.143 of	1880
the Revised Code prior to providing nonemergency professional	1881
services, or failure to maintain that notice in the patient's	1882
file;	1883

(32)(31) Failure of a physician supervising a physician	1884
assistant to maintain supervision in accordance with the	1885
requirements of Chapter 4730. of the Revised Code and the rules	1886
adopted under that chapter;	1887

(33)(32) Failure of a physician or podiatrist to enter into a	1888
standard care arrangement with a clinical nurse specialist,	1889
certified nurse-midwife, or certified nurse practitioner with whom	1890
the physician or podiatrist is in collaboration pursuant to	1891
section 4731.27 of the Revised Code or failure to fulfill the	1892
responsibilities of collaboration after entering into a standard	1893
care arrangement;	1894

(34)(33) Failure to comply with the terms of a consult	1895
agreement entered into with a pharmacist pursuant to section	1896
4729.39 of the Revised Code;	1897

(35)(34) Failure to cooperate in an investigation conducted	1898
by the board under division (F) of this section, including failure	1899
to comply with a subpoena or order issued by the board or failure	1900
to answer truthfully a question presented by the board at a	1901
deposition or in written interrogatories, except that failure to	1902
cooperate with an investigation shall not constitute grounds for	1903
discipline under this section if a court of competent jurisdiction	1904
has issued an order that either quashes a subpoena or permits the	1905
individual to withhold the testimony or evidence in issue;	1906

(36)(35) Failure to supervise an acupuncturist in accordance	1907
with Chapter 4762. of the Revised Code and the board's rules for	1908
supervision of an acupuncturist;	1909

(37)(36) Failure to supervise an anesthesiologist assistant	1910
in accordance with Chapter 4760. of the Revised Code and the	1911
board's rules for supervision of an anesthesiologist assistant;	1912

(38)(37) Assisting suicide as defined in section 3795.01 of	1913
the Revised Code.	1914

(C) Disciplinary actions taken by the board under divisions	1915
(A) and (B) of this section shall be taken pursuant to an	1916
adjudication under Chapter 119. of the Revised Code, except that	1917
in lieu of an adjudication, the board may enter into a consent	1918
agreement with an individual to resolve an allegation of a	1919
violation of this chapter or any rule adopted under it. A consent	1920
agreement, when ratified by an affirmative vote of not fewer than	1921
six members of the board, shall constitute the findings and order	1922
of the board with respect to the matter addressed in the	1923
agreement. If the board refuses to ratify a consent agreement, the	1924
admissions and findings contained in the consent agreement shall	1925
be of no force or effect.	1926

(D) For purposes of divisions (B)(10), (12), and (14) of this	1927
section, the commission of the act may be established by a finding	1928
by the board, pursuant to an adjudication under Chapter 119. of	1929
the Revised Code, that the individual committed the act. The board	1930
does not have jurisdiction under those divisions if the trial	1931
court renders a final judgment in the individual's favor and that	1932
judgment is based upon an adjudication on the merits. The board	1933
has jurisdiction under those divisions if the trial court issues	1934
an order of dismissal upon technical or procedural grounds.	1935

(E) The sealing of conviction records by any court shall have	1936
no effect upon a prior board order entered under this section or	1937
upon the board's jurisdiction to take action under this section	1938
if, based upon a plea of guilty, a judicial finding of guilt, or a	1939
judicial finding of eligibility for intervention in lieu of	1940
conviction, the board issued a notice of opportunity for a hearing	1941
prior to the court's order to seal the records. The board shall	1942
not be required to seal, destroy, redact, or otherwise modify its	1943
records to reflect the court's sealing of conviction records.	1944

(F)(1) The board shall investigate evidence that appears to	1945
show that a person has violated any provision of this chapter or	1946
any rule adopted under it. Any person may report to the board in a	1947
signed writing any information that the person may have that	1948
appears to show a violation of any provision of this chapter or	1949
any rule adopted under it. In the absence of bad faith, any person	1950
who reports information of that nature or who testifies before the	1951
board in any adjudication conducted under Chapter 119. of the	1952
Revised Code shall not be liable in damages in a civil action as a	1953
result of the report or testimony. Each complaint or allegation of	1954
a violation received by the board shall be assigned a case number	1955
and shall be recorded by the board.	1956

(2) Investigations of alleged violations of this chapter or	1957
any rule adopted under it shall be supervised by the supervising	1958
member elected by the board in accordance with section 4731.02 of	1959
the Revised Code and by the secretary as provided in section	1960
4731.39 of the Revised Code. The president may designate another	1961
member of the board to supervise the investigation in place of the	1962
supervising member. No member of the board who supervises the	1963
investigation of a case shall participate in further adjudication	1964
of the case.	1965

(3) In investigating a possible violation of this chapter or	1966
any rule adopted under this chapter, the board may administer	1967
oaths, order the taking of depositions, issue subpoenas, and	1968
compel the attendance of witnesses and production of books,	1969
accounts, papers, records, documents, and testimony, except that a	1970
subpoena for patient record information shall not be issued	1971
without consultation with the attorney general's office and	1972
approval of the secretary and supervising member of the board.	1973
Before issuance of a subpoena for patient record information, the	1974
secretary and supervising member shall determine whether there is	1975
probable cause to believe that the complaint filed alleges a	1976
violation of this chapter or any rule adopted under it and that	1977
the records sought are relevant to the alleged violation and	1978
material to the investigation. The subpoena may apply only to	1979
records that cover a reasonable period of time surrounding the	1980
alleged violation.	1981

On failure to comply with any subpoena issued by the board	1982
and after reasonable notice to the person being subpoenaed, the	1983
board may move for an order compelling the production of persons	1984
or records pursuant to the Rules of Civil Procedure.	1985

A subpoena issued by the board may be served by a sheriff,	1986
the sheriff's deputy, or a board employee designated by the board.	1987
Service of a subpoena issued by the board may be made by	1988
delivering a copy of the subpoena to the person named therein,	1989
reading it to the person, or leaving it at the person's usual	1990
place of residence. When the person being served is a person whose	1991
practice is authorized by this chapter, service of the subpoena	1992
may be made by certified mail, restricted delivery, return receipt	1993
requested, and the subpoena shall be deemed served on the date	1994
delivery is made or the date the person refuses to accept	1995
delivery.	1996

A sheriff's deputy who serves a subpoena shall receive the	1997
same fees as a sheriff. Each witness who appears before the board	1998
in obedience to a subpoena shall receive the fees and mileage	1999
provided for witnesses in civil cases in the courts of common	2000
pleas.	2001

(4) All hearings and investigations of the board shall be	2002
considered civil actions for the purposes of section 2305.252 of	2003
the Revised Code.	2004

(5) Information received by the board pursuant to an	2005
investigation is confidential and not subject to discovery in any	2006
civil action.	2007

The board shall conduct all investigations and proceedings in	2008
a manner that protects the confidentiality of patients and persons	2009
who file complaints with the board. The board shall not make	2010
public the names or any other identifying information about	2011
patients or complainants unless proper consent is given or, in the	2012
case of a patient, a waiver of the patient privilege exists under	2013
division (B) of section 2317.02 of the Revised Code, except that	2014
consent or a waiver of that nature is not required if the board	2015
possesses reliable and substantial evidence that no bona fide	2016
physician-patient relationship exists.	2017

The board may share any information it receives pursuant to	2018
an investigation, including patient records and patient record	2019
information, with law enforcement agencies, other licensing	2020
boards, and other governmental agencies that are prosecuting,	2021
adjudicating, or investigating alleged violations of statutes or	2022
administrative rules. An agency or board that receives the	2023
information shall comply with the same requirements regarding	2024
confidentiality as those with which the state medical board must	2025
comply, notwithstanding any conflicting provision of the Revised	2026
Code or procedure of the agency or board that applies when it is	2027
dealing with other information in its possession. In a judicial	2028
proceeding, the information may be admitted into evidence only in	2029
accordance with the Rules of Evidence, but the court shall require	2030
that appropriate measures are taken to ensure that confidentiality	2031
is maintained with respect to any part of the information that	2032
contains names or other identifying information about patients or	2033
complainants whose confidentiality was protected by the state	2034
medical board when the information was in the board's possession.	2035
Measures to ensure confidentiality that may be taken by the court	2036
include sealing its records or deleting specific information from	2037
its records.	2038

(6) On a quarterly basis, the board shall prepare a report	2039
that documents the disposition of all cases during the preceding	2040
three months. The report shall contain the following information	2041
for each case with which the board has completed its activities:	2042

(a) The case number assigned to the complaint or alleged	2043
violation;	2044

(b) The type of certificate to practice, if any, held by the	2045
individual against whom the complaint is directed;	2046

(c) A description of the allegations contained in the	2047
complaint;	2048

(d) The disposition of the case.

2049

The report shall state how many cases are still pending and	2050
shall be prepared in a manner that protects the identity of each	2051
person involved in each case. The report shall be a public record	2052
under section 149.43 of the Revised Code.	2053

(G) If the secretary and supervising member determine that	2054
there is clear and convincing evidence that an individual has	2055
violated division (B) of this section and that the individual's	2056
continued practice presents a danger of immediate and serious harm	2057
to the public, they may recommend that the board suspend the	2058
individual's certificate to practice without a prior hearing.	2059
Written allegations shall be prepared for consideration by the	2060
board.	2061

The board, upon review of those allegations and by an	2062
affirmative vote of not fewer than six of its members, excluding	2063
the secretary and supervising member, may suspend a certificate	2064
without a prior hearing. A telephone conference call may be	2065
utilized for reviewing the allegations and taking the vote on the	2066
summary suspension.	2067

The board shall issue a written order of suspension by	2068
certified mail or in person in accordance with section 119.07 of	2069
the Revised Code. The order shall not be subject to suspension by	2070
the court during pendency of any appeal filed under section 119.12	2071
of the Revised Code. If the individual subject to the summary	2072
suspension requests an adjudicatory hearing by the board, the date	2073
set for the hearing shall be within fifteen days, but not earlier	2074
than seven days, after the individual requests the hearing, unless	2075
otherwise agreed to by both the board and the individual.	2076

Any summary suspension imposed under this division shall	2077
remain in effect, unless reversed on appeal, until a final	2078
adjudicative order issued by the board pursuant to this section	2079
and Chapter 119. of the Revised Code becomes effective. The board	2080
shall issue its final adjudicative order within sixty days after	2081
completion of its hearing. A failure to issue the order within	2082
sixty days shall result in dissolution of the summary suspension	2083
order but shall not invalidate any subsequent, final adjudicative	2084
order.	2085

(H) If the board takes action under division (B)(9), (11), or	2086
(13) of this section and the judicial finding of guilt, guilty	2087
plea, or judicial finding of eligibility for intervention in lieu	2088
of conviction is overturned on appeal, upon exhaustion of the	2089
criminal appeal, a petition for reconsideration of the order may	2090
be filed with the board along with appropriate court documents.	2091
Upon receipt of a petition of that nature and supporting court	2092
documents, the board shall reinstate the individual's certificate	2093
to practice. The board may then hold an adjudication under Chapter	2094
119. of the Revised Code to determine whether the individual	2095
committed the act in question. Notice of an opportunity for a	2096
hearing shall be given in accordance with Chapter 119. of the	2097
Revised Code. If the board finds, pursuant to an adjudication held	2098
under this division, that the individual committed the act or if	2099
no hearing is requested, the board may order any of the sanctions	2100
identified under division (B) of this section.	2101

(I) The certificate to practice issued to an individual under	2102
this chapter and the individual's practice in this state are	2103
automatically suspended as of the date the individual pleads	2104
guilty to, is found by a judge or jury to be guilty of, or is	2105
subject to a judicial finding of eligibility for intervention in	2106
lieu of conviction in this state or treatment or intervention in	2107
lieu of conviction in another jurisdiction for any of the	2108
following criminal offenses in this state or a substantially	2109
equivalent criminal offense in another jurisdiction: aggravated	2110
murder, murder, voluntary manslaughter, felonious assault,	2111
kidnapping, rape, sexual battery, gross sexual imposition,	2112
aggravated arson, aggravated robbery, or aggravated burglary.	2113
Continued practice after suspension shall be considered practicing	2114
without a certificate.	2115

The board shall notify the individual subject to the	2116
suspension by certified mail or in person in accordance with	2117
section 119.07 of the Revised Code. If an individual whose	2118
certificate is suspended under this division fails to make a	2119
timely request for an adjudication under Chapter 119. of the	2120
Revised Code, the board shall enter a final order permanently	2121
revoking the individual's certificate to practice.	2122

(J) If the board is required by Chapter 119. of the Revised	2123
Code to give notice of an opportunity for a hearing and if the	2124
individual subject to the notice does not timely request a hearing	2125
in accordance with section 119.07 of the Revised Code, the board	2126
is not required to hold a hearing, but may adopt, by an	2127
affirmative vote of not fewer than six of its members, a final	2128
order that contains the board's findings. In that final order, the	2129
board may order any of the sanctions identified under division (A)	2130
or (B) of this section.	2131

(K) Any action taken by the board under division (B) of this	2132
section resulting in a suspension from practice shall be	2133
accompanied by a written statement of the conditions under which	2134
the individual's certificate to practice may be reinstated. The	2135
board shall adopt rules governing conditions to be imposed for	2136
reinstatement. Reinstatement of a certificate suspended pursuant	2137
to division (B) of this section requires an affirmative vote of	2138
not fewer than six members of the board.	2139

(L) When the board refuses to grant a certificate to an	2140
applicant, revokes an individual's certificate to practice,	2141
refuses to register an applicant, or refuses to reinstate an	2142
individual's certificate to practice, the board may specify that	2143
its action is permanent. An individual subject to a permanent	2144
action taken by the board is forever thereafter ineligible to hold	2145
a certificate to practice and the board shall not accept an	2146
application for reinstatement of the certificate or for issuance	2147
of a new certificate.	2148

(M) Notwithstanding any other provision of the Revised Code,	2149
all of the following apply:	2150

(1) The surrender of a certificate issued under this chapter	2151
shall not be effective unless or until accepted by the board.	2152
Reinstatement of a certificate surrendered to the board requires	2153
an affirmative vote of not fewer than six members of the board.	2154

(2) An application for a certificate made under the	2155
provisions of this chapter may not be withdrawn without approval	2156
of the board.	2157

(3) Failure by an individual to renew a certificate of	2158
registration in accordance with this chapter shall not remove or	2159
limit the board's jurisdiction to take any disciplinary action	2160
under this section against the individual.	2161

(N) Sanctions shall not be imposed under division (B)(28) of	2162
this section against any person who waives deductibles and	2163
copayments as follows:	2164

(1) In compliance with the health benefit plan that expressly	2165
allows such a practice. Waiver of the deductibles or copayments	2166
shall be made only with the full knowledge and consent of the plan	2167
purchaser, payer, and third-party administrator. Documentation of	2168
the consent shall be made available to the board upon request.	2169

(2) For professional services rendered to any other person	2170
authorized to practice pursuant to this chapter, to the extent	2171
allowed by this chapter and rules adopted by the board.	2172

(O) Under the board's investigative duties described in this	2173
section and subject to division (F) of this section, the board	2174
shall develop and implement a quality intervention program	2175
designed to improve through remedial education the clinical and	2176
communication skills of individuals authorized under this chapter	2177
to practice medicine and surgery, osteopathic medicine and	2178
surgery, and podiatric medicine and surgery. In developing and	2179
implementing the quality intervention program, the board may do	2180
all of the following:	2181

(1) Offer in appropriate cases as determined by the board an	2182
educational and assessment program pursuant to an investigation	2183
the board conducts under this section;	2184

(2) Select providers of educational and assessment services,	2185
including a quality intervention program panel of case reviewers;	2186

(3) Make referrals to educational and assessment service	2187
providers and approve individual educational programs recommended	2188
by those providers. The board shall monitor the progress of each	2189
individual undertaking a recommended individual educational	2190
program.	2191

(4) Determine what constitutes successful completion of an	2192
individual educational program and require further monitoring of	2193
the individual who completed the program or other action that the	2194
board determines to be appropriate;	2195

(5) Adopt rules in accordance with Chapter 119. of the	2196
Revised Code to further implement the quality intervention	2197
program.	2198

An individual who participates in an individual educational	2199
program pursuant to this division shall pay the financial	2200
obligations arising from that educational program.	2201

Sec. 4731.295.  (A)(1) As used in this section, "indigent and	2202
uninsured person," "nonprofit shelter or health care facility,"	2203
and "operation" have the same meanings as in section 2305.234 of	2204
the Revised Code.	2205

(2) For the purposes of this section, a person shall be	2206
considered retired from practice if the person's license or	2207
certificate has expired with the person's intention of ceasing to	2208
practice medicine and surgery or osteopathic medicine and surgery	2209
for remuneration.	2210

(B) The state medical board may issue, without examination, a	2211
volunteer's certificate to a person who is retired from practice	2212
so that the person may provide medical services to indigent and	2213
uninsured persons at nonprofit shelters or health care facilities.	2214
The board shall deny issuance of a volunteer's certificate to a	2215
person who is not qualified under this section to hold a	2216
volunteer's certificate.	2217

(C) An application for a volunteer's certificate shall	2218
include all of the following:	2219

(1) A copy of the applicant's degree of medicine or	2220
osteopathic medicine.	2221

(2) One of the following, as applicable:

2222

(a) A copy of the applicant's most recent license or	2223
certificate authorizing the practice of medicine and surgery or	2224
osteopathic medicine and surgery issued by a jurisdiction in the	2225
United States that licenses persons to practice medicine and	2226
surgery or osteopathic medicine and surgery.	2227

(b) A copy of the applicant's most recent license equivalent	2228
to a license to practice medicine and surgery or osteopathic	2229
medicine and surgery in one or more branches of the United States	2230
armed services that the United States government issued.	2231

(3) Evidence of one of the following, as applicable:

2232

(a) That the applicant has maintained for at least ten years	2233
prior to retirement full licensure in good standing in any	2234
jurisdiction in the United States that licenses persons to	2235
practice medicine and surgery or osteopathic medicine and surgery.	2236

(b) That the applicant has practiced for at least ten years	2237
prior to retirement in good standing as a doctor of medicine and	2238
surgery or osteopathic medicine and surgery in one or more of the	2239
branches of the United States armed services.	2240

(4) A notarized statement from the applicant, on a form	2241
prescribed by the board, that the applicant will not accept any	2242
form of remuneration for any medical services rendered while in	2243
possession of a volunteer's certificate.	2244

(D) The holder of a volunteer's certificate may provide	2245
medical services only on the premises of a nonprofit shelter or	2246
health care facility and only to indigent and uninsured persons.	2247
The holder shall not accept any form of remuneration for providing	2248
medical services while in possession of the certificate. Except in	2249
a medical emergency, the holder shall not perform any operation or	2250
deliver babies. The board may revoke a volunteer's certificate on	2251
receiving proof satisfactory to the board that the holder has	2252
engaged in practice in this state outside the scope of the	2253
certificate.	2254

(E)(1) A volunteer's certificate shall be valid for a period	2255
of three years, unless earlier revoked under division (D) of this	2256
section or pursuant to section 4731.22 of the Revised Code. A	2257
volunteer's certificate may be renewed upon the application of the	2258
holder. The board shall maintain a register of all persons who	2259
hold volunteer's certificates. The board shall not charge a fee	2260
for issuing or renewing a certificate pursuant to this section.	2261

(2) To be eligible for renewal of a volunteer's certificate	2262
the holder of the certificate shall certify to the board	2263
completion of one hundred fifty hours of continuing medical	2264
education that meets the requirements of section 4731.281 of the	2265
Revised Code regarding certification by private associations and	2266
approval by the board. The board may not renew a certificate if	2267
the holder has not complied with the continuing medical education	2268
requirements. The nonprofit shelter or health care facility inAny	2269
entity for which the holder provides medical services may pay for	2270
or reimburse the holder for any costs incurred in obtaining the	2271
required continuing medical education credits.	2272

(3) The board shall issue to each person who qualifies under	2273
this section for a volunteer's certificate a wallet certificate	2274
and a wall certificate that state that the certificate holder is	2275
authorized to provide medical services pursuant to the laws of	2276
this state. The holder shall keep the wallet certificate on the	2277
holder's person while providing medical services and shall display	2278
the wall certificate prominently in the nonprofit shelter or	2279
health care facilityat the location where the holder primarily	2280
practices.	2281

(4) The holder of a volunteer's certificate issued pursuant	2282
to this section is subject to the immunity provisions in section	2283
2305.234 of the Revised Code.	2284

(F) The board shall adopt rules in accordance with Chapter	2285
119. of the Revised Code to administer and enforce this section.	2286

Section 2. That existing sections 2305.113, 2305.234,	2287
2711.22, 3701.071, 3719.81, 4713.02, 4715.42, 4723.01, 4723.03,	2288
4723.28, 4723.44, 4723.48, 4723.482, 4729.01, 4731.22, and	2289
4731.295 of the Revised Code are hereby repealed.	2290

Section 3.  (A) As used in this section, "health care	2291
professional," "health care worker," "indigent and uninsured	2292
person," "nonprofit health care referral organization," and	2293
"volunteer" have the same meanings as in section 2305.234 of the	2294
Revised Code, as amended by this act.	2295

(B) The Ohio Medical Malpractice Commission created by	2296
Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly shall	2297
have the following duties, in addition to the other duties	2298
provided by law for the Commission:	2299

(1) To study the affordability and availability of medical	2300
malpractice insurance for health care professionals and health	2301
care workers who are volunteers and for nonprofit health care	2302
referral organizations;	2303

(2) To study the feasibility of whether the state of Ohio	2304
should provide catastrophic claims coverage, or an insurance pool	2305
of any kind, for health care professionals and health care workers	2306
to utilize as volunteers in providing medical, dental, or other	2307
health-related diagnosis, care, or treatment to indigent and	2308
uninsured persons;	2309

(3) To study the feasibility of whether the state of Ohio	2310
should create a fund to provide compensation to indigent and	2311
uninsured persons who receive medical, dental, or other	2312
health-related diagnosis, care, or treatment from health care	2313
professionals or health care workers who are volunteers, for any	2314
injury, death, or loss to person or property as a result of the	2315
negligence or other misconduct by those health care professionals	2316
or workers;	2317

(4) To study whether the Good Samaritan laws of other states	2318
offer approaches that are materially different from the Ohio Good	2319
Samaritan Law as amended by this act, as contained in section	2320
2305.234 of the Revised Code.	2321

(C) The Commission shall submit a report of its findings	2322
regarding all of the matters provided in division (B) of this	2323
section to the members of the General Assembly not later than two	2324
years after the effective date of this act.	2325

(D) The Department of Insurance shall provide any technical,	2326
professional, and clerical employees that are necessary for the	2327
Commission to perform its duties under this section.	2328

Section 4.  This act's amendment of division (A)(7) of	2329
section 4713.02 of the Revised Code does not affect the term of	2330
office of any person serving as a member of the State Board of	2331
Cosmetology on the effective date of this act.	2332

Section 5. This act's amendment of division (B)(24) of	2333
section 4723.28 of the Revised Code does not remove the authority	2334
of the Board of Nursing to conduct investigations and take	2335
disciplinary actions regarding a person who engaged in the	2336
activities specified in that division while participating in one	2337
of the advanced practice nurse pilot programs operated pursuant to	2338
sections 4723.52 to 4723.60 of the Revised Code prior to the	2339
January 17, 2004, effective date of the repeal of those sections,	2340
as provided in Section 3 of Am. Sub. H.B. 241 of the 123rd General	2341
Assembly.	2342

Section 6. This act's amendment of division (B)(30) of	2343
section 4731.22 of the Revised Code does not remove the State	2344
Medical Board's authority to conduct investigations and take	2345
disciplinary actions regarding the failure of a collaborating	2346
physician to fulfill the responsibilities agreed to by the	2347
physician and an advanced practice nurse participating in one of	2348
the pilot programs operated pursuant to sections 4723.52 to	2349
4723.60 of the Revised Code prior to the January 17, 2004,	2350
effective date of the repeal of those sections, as provided in	2351
Section 3 of Am. Sub. H.B. 241 of the 123rd General Assembly.	2352

Section 7.  Section 2305.234 of the Revised Code is presented	2353
in this act as a composite of the section as amended by both Am.	2354
Sub. H.B. 95 and Am. Sub. S.B. 51 of the 125th General Assembly.	2355
Section 4723.28 of the Revised Code is presented in this act as a	2356
composite of the section as amended by both Am. Sub. H.B. 474 and	2357
Sub. S.B. 179 of the 124th General Assembly. Section 4731.22 of	2358
the Revised Code is presented in this act as a composite of the	2359
section as amended by both Am. Sub. H.B. 474 and Sub. S.B. 179 of	2360
the 124th General Assembly. The General Assembly, applying the	2361
principle stated in division (B) of section 1.52 of the Revised	2362
Code that amendments are to be harmonized if reasonably capable of	2363
simultaneous operation, finds that the composites are the	2364
resulting versions of the sections in effect prior to the	2365
effective date of the sections as presented in this act.	2366