Section 1. That sections 1.64, 1751.01, 2305.113, 2925.02, | 24 |
2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3327.10, | 25 |
3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01, 4729.51, | 26 |
4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07, 4730.10, | 27 |
4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21, 4730.22, | 28 |
4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, 4730.33, | 29 |
4730.34, 4731.141, and 5903.12 be amended; sections 4730.11 | 30 |
(4730.12), 4730.12 (4730.14), and 4730.18 (4730.15) be amended for | 31 |
the purpose of adopting new section numbers, as indicated in | 32 |
parentheses; and new sections 4730.11, 4730.17, and 4730.18 and | 33 |
sections 4730.08, 4730.081, 4730.09, 4730.091, 4730.13, 4730.20, | 34 |
4730.38, 4730.39, 4730.40, 4730.401, 4730.41, 4730.42, 4730.43, | 35 |
4730.44, 4730.45, 4730.46, 4730.47, 4730.48, 4730.49, 4730.50, | 36 |
4730.51, and 4730.52 of the Revised Code be enacted to read as | 37 |
follows: | 38 |
A health insuring corporation shall not offer coverage for
a | 78 |
health care service, defined as a basic health care service by | 79 |
this division, unless it offers coverage for all listed basic | 80 |
health care services. However,
this requirement does not apply to | 81 |
the coverage of beneficiaries
enrolled in Title XVIII of the | 82 |
"Social
Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as | 83 |
amended, pursuant
to a medicare contract, or to the
coverage of | 84 |
beneficiaries enrolled in the federal employee
health benefits | 85 |
program pursuant to 5
U.S.C.A. 8905, or to the coverage of | 86 |
beneficiaries enrolled in Title XIX of the
"Social Security Act," | 87 |
49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended,
known as the | 88 |
medical assistance program or medicaid, provided by
the department | 89 |
of job and family services
under
Chapter 5111. of the Revised | 90 |
Code, or to
the coverage of beneficiaries under any federal health | 91 |
care
program regulated by a federal regulatory body, or to the | 92 |
coverage
of beneficiaries under any
contract covering officers or | 93 |
employees of the state that has
been entered into by the | 94 |
department of
administrative services. | 95 |
(H) "Emergency health
services" means those health care | 137 |
services that must be
available on a seven-days-per-week, | 138 |
twenty-four-hours-per-day
basis in order to prevent jeopardy to an | 139 |
enrollee's health
status that would occur if such services were | 140 |
not received as
soon as possible, and includes, where appropriate, | 141 |
provisions
for transportation and indemnity payments or service | 142 |
agreements
for out-of-area coverage. | 143 |
(N) "Health insuring
corporation" means a corporation, as | 162 |
defined in division (G) of this
section, that, pursuant to a | 163 |
policy, contract,
certificate, or agreement, pays for, reimburses, | 164 |
or provides,
delivers, arranges for, or otherwise makes available, | 165 |
basic
health care services, supplemental health care services, or | 166 |
specialty health care services, or a combination of basic health | 167 |
care services and either supplemental health care services or | 168 |
specialty
health care services, through either an open panel plan | 169 |
or a closed panel
plan. | 170 |
"Health insuring
corporation" does not include a limited | 171 |
liability company formed
pursuant to Chapter 1705. of
the Revised | 172 |
Code,
an insurer licensed under
Title
XXXIX of the
Revised
Code if | 173 |
that insurer offers
only open panel plans under which all | 174 |
providers and health care
facilities participating receive their | 175 |
compensation directly
from the insurer, a corporation formed by
or | 176 |
on behalf of a political subdivision or a department, office,
or | 177 |
institution of the state, or a public entity formed by or on | 178 |
behalf of
a board of county commissioners, a county
board of | 179 |
mental retardation and developmental disabilities,
an
alcohol and | 180 |
drug
addiction services board, a board of alcohol, drug addiction, | 181 |
and mental health services, or a community mental health board,
as | 182 |
those terms are used in Chapters 340. and 5126. of the
Revised | 183 |
Code.
Except as provided by division (D)
of section 1751.02 of the | 184 |
Revised
Code, or as
otherwise provided by law, no
board, | 185 |
commission,
agency, or other entity under the control of a | 186 |
political
subdivision may accept insurance risk in providing for | 187 |
health
care services. However, nothing in this division shall be | 188 |
construed as prohibiting such entities from purchasing the | 189 |
services of a health insuring corporation or a third-party | 190 |
administrator licensed under Chapter 3959. of the Revised
Code. | 191 |
(O) "Intermediary
organization" means a health delivery | 192 |
network or other entity
that contracts with licensed health | 193 |
insuring corporations or self-insured
employers, or both, to | 194 |
provide health care services, and that enters into
contractual | 195 |
arrangements with other entities for the provision
of health care | 196 |
services for the purpose of fulfilling the terms
of its contracts | 197 |
with the health insuring corporations and self-insured
employers. | 198 |
(2) No health insuring corporation may offer an open
panel | 210 |
plan, unless the health insuring corporation is also
licensed as | 211 |
an insurer under Title XXXIX of the
Revised Code, the health | 212 |
insuring corporation, on June 4,
1997,
holds a certificate of | 213 |
authority or license to
operate under Chapter 1736. or 1740. of | 214 |
the Revised Code, or an insurer licensed under
Title XXXIX of the | 215 |
Revised Code is
responsible for the out-of-network risk as | 216 |
evidenced by both an evidence of
coverage filing under section | 217 |
1751.11
of the Revised Code and a policy and
certificate filing | 218 |
under section 3923.02 of the
Revised Code. | 219 |
(U) "Premium rate" means any set fee
regularly paid by a | 229 |
subscriber to a health insuring corporation. A "premium
rate" does | 230 |
not include a one-time membership fee, an annual
administrative | 231 |
fee, or a nominal access fee, paid to a managed
health care system | 232 |
under which the recipient of health care
services remains solely | 233 |
responsible for any charges accessed for
those services by the | 234 |
provider or health care facility. | 235 |
(W) "Provider" means any
natural person or partnership of | 243 |
natural persons who are
licensed, certified, accredited, or | 244 |
otherwise authorized in this
state to furnish health care | 245 |
services, or any professional
association organized under Chapter | 246 |
1785. of the Revised
Code, provided that nothing in
this chapter | 247 |
or other provisions of law shall be construed to
preclude a health | 248 |
insuring corporation, health care
practitioner, or organized | 249 |
health care group associated with a
health insuring corporation | 250 |
from employing certified nurse practitioners,
certified nurse | 251 |
anesthetists, clinical nurse specialists, certified nurse | 252 |
midwives, dietitians, physicians'physician assistants, dental | 253 |
assistants, dental
hygienists, optometric technicians, or other | 254 |
allied health
personnel who are licensed, certified, accredited, | 255 |
or otherwise
authorized in this state to furnish health care | 256 |
services. | 257 |
(X) "Provider sponsored
organization" means a corporation, as | 258 |
defined in division
(G) of this section, that is at least eighty | 259 |
per cent owned or
controlled
by one or more hospitals, as defined | 260 |
in section 3727.01 of the
Revised Code, or one or more physicians | 261 |
licensed
to practice medicine or surgery or osteopathic medicine | 262 |
and
surgery under Chapter 4731. of the Revised
Code, or any | 263 |
combination of such physicians and
hospitals. Such control is | 264 |
presumed to exist if at least eighty per cent
of the voting rights | 265 |
or governance rights of a provider
sponsored organization are | 266 |
directly or indirectly owned,
controlled, or otherwise held by any | 267 |
combination of the
physicians and hospitals described in this | 268 |
division. | 269 |
(AA) "Urgent care
services" means those health care services | 279 |
that are
appropriately provided for an unforeseen condition of a | 280 |
kind
that usually requires medical attention without delay but | 281 |
that
does not pose a threat to the life, limb, or permanent health | 282 |
of
the injured or ill person,
and may include such health care | 283 |
services provided
out of the health insuring corporation's | 284 |
approved service area
pursuant to indemnity payments or service | 285 |
agreements. | 286 |
(B)(1) If prior to the expiration of the one-year period | 291 |
specified in division (A) of this section, a claimant who | 292 |
allegedly possesses a medical, dental, optometric, or chiropractic | 293 |
claim gives to the person who is the subject of that claim written | 294 |
notice that the claimant is considering bringing an action upon | 295 |
that claim, that action may be commenced against the person | 296 |
notified at any time within one hundred eighty days after the | 297 |
notice is so given. | 298 |
(2) If an action upon a medical, dental, optometric, or | 312 |
chiropractic claim is not commenced within four years after the | 313 |
occurrence of the act or omission constituting the alleged basis | 314 |
of the medical, dental, optometric, or chiropractic claim, then, | 315 |
any action upon that
claim is barred. | 316 |
(D)(1) If a person making a medical claim, dental claim, | 317 |
optometric claim, or chiropractic claim, in the exercise of | 318 |
reasonable care and diligence, could not have discovered the | 319 |
injury resulting from the act or omission constituting the alleged | 320 |
basis of the claim within three years after the occurrence of the | 321 |
act or omission, but, in the exercise of reasonable care and | 322 |
diligence, discovers the injury resulting from that act or | 323 |
omission before the expiration of the four-year period specified | 324 |
in division (C)(1) of this section, the person may commence an | 325 |
action upon the claim not later than one year after the person | 326 |
discovers the injury resulting from that act or omission. | 327 |
(2) If the alleged basis of a medical claim, dental claim, | 328 |
optometric claim, or chiropractic claim is the occurrence of an | 329 |
act or omission that involves a foreign object that is left in the | 330 |
body of the person making the claim, the person may commence an | 331 |
action upon the claim not later than one year after the person | 332 |
discovered the foreign object or not later than one year after the | 333 |
person, with reasonable care and diligence, should have discovered | 334 |
the foreign object. | 335 |
(3) A person who commences an action upon a medical claim, | 336 |
dental claim, optometric claim, or chiropractic claim under the | 337 |
circumstances described in division (D)(1) or (2) of this section | 338 |
has the affirmative burden of proving, by clear and convincing | 339 |
evidence, that the person, with
reasonable care and diligence, | 340 |
could not have discovered the
injury resulting from the act or | 341 |
omission constituting the alleged
basis of the claim within the | 342 |
three-year period
described in division (D)(1) of this
section or | 343 |
within the one-year period described in division (D)(2) of this | 344 |
section, whichever is
applicable. | 345 |
(1) "Hospital" includes any person, corporation,
association, | 347 |
board, or authority that is responsible for the
operation of any | 348 |
hospital licensed or registered in the state,
including, but not | 349 |
limited to, those that are owned or operated by
the state, | 350 |
political subdivisions, any person, any corporation, or
any | 351 |
combination of the state, political subdivisions, persons, and | 352 |
corporations. "Hospital" also includes any person, corporation, | 353 |
association, board, entity, or authority that is responsible for | 354 |
the operation of any clinic that employs a full-time staff of | 355 |
physicians practicing in more than one recognized medical | 356 |
specialty and rendering advice, diagnosis, care, and treatment to | 357 |
individuals. "Hospital" does not include any hospital operated by | 358 |
the government of the United States or any of its branches. | 359 |
(3) "Medical claim" means any claim that is asserted in any | 365 |
civil action against a physician, podiatrist, hospital, home, or | 366 |
residential facility, against
any employee or agent of a | 367 |
physician, podiatrist, hospital, home, or residential facility, or | 368 |
against a licensed practical nurse, registered nurse, advanced | 369 |
practice nurse, physical therapist, physician assistant, emergency | 370 |
medical technician-basic, emergency medical | 371 |
technician-intermediate, or emergency medical | 372 |
technician-paramedic, and that arises
out of the medical | 373 |
diagnosis, care, or treatment of any person.
"Medical claim" | 374 |
includes the following: | 375 |
(6) "Dental claim" means any claim that is asserted in any | 393 |
civil action against a dentist, or against any employee or agent | 394 |
of a dentist, and that arises out of a dental operation or the | 395 |
dental diagnosis, care, or treatment of any person. "Dental claim" | 396 |
includes derivative claims for relief that arise from a dental | 397 |
operation or the dental diagnosis, care, or treatment of a person. | 398 |
(7) "Derivative claims for relief" include, but are not | 399 |
limited to, claims of a parent, guardian, custodian, or spouse of | 400 |
an individual who was the subject of any medical diagnosis, care, | 401 |
or treatment, dental diagnosis, care, or treatment, dental | 402 |
operation, optometric diagnosis, care, or treatment, or | 403 |
chiropractic diagnosis, care, or treatment, that arise from that | 404 |
diagnosis, care, treatment, or operation, and that seek the | 405 |
recovery of damages for any of the following: | 406 |
(a) Loss of society, consortium, companionship, care, | 407 |
assistance, attention, protection, advice, guidance, counsel, | 408 |
instruction, training, or education, or any other intangible loss | 409 |
that was sustained by the parent, guardian, custodian, or spouse; | 410 |
(b) Expenditures of the parent, guardian, custodian, or | 411 |
spouse for medical, dental, optometric, or chiropractic care or | 412 |
treatment, for rehabilitation services, or for other care, | 413 |
treatment, services, products, or accommodations provided to the | 414 |
individual who was the subject of the medical diagnosis, care, or | 415 |
treatment, the dental diagnosis, care, or treatment, the dental | 416 |
operation, the optometric diagnosis, care, or treatment, or the | 417 |
chiropractic diagnosis, care, or treatment. | 418 |
(9) "Chiropractic claim" means any claim that is asserted in | 421 |
any civil action against a chiropractor, or against any employee | 422 |
or agent of a chiropractor, and that arises out of the | 423 |
chiropractic diagnosis, care, or treatment of any person. | 424 |
"Chiropractic claim" includes derivative claims for relief that | 425 |
arise from the chiropractic diagnosis, care, or treatment of a | 426 |
person. | 427 |
(11) "Optometric claim" means any claim that is asserted in | 430 |
any civil action against an optometrist, or against any employee | 431 |
or agent of an optometrist, and that arises out of the optometric | 432 |
diagnosis, care, or treatment of any person. "Optometric claim" | 433 |
includes derivative claims for relief that arise from the | 434 |
optometric diagnosis, care, or treatment of a person. | 435 |
(B) Division (A)(1), (3), or (4) of this section does not | 492 |
apply to manufacturers, wholesalers, licensed health
professionals | 493 |
authorized to prescribe drugs, pharmacists,
owners of pharmacies, | 494 |
and other persons whose conduct is in
accordance with Chapters | 495 |
3719., 4715., 4723., 4729., 4730., 4731., and 4741.
of
the Revised | 496 |
Code. | 497 |
(1) Except as otherwise provided in this division, if the | 501 |
drug involved is any compound, mixture,
preparation, or substance | 502 |
included in schedule I or II, with the exception of
marihuana, | 503 |
corrupting another with drugs is a felony
of the second degree, | 504 |
and, subject to division
(E) of this section, the court shall | 505 |
impose as a
mandatory prison term one of the
prison terms | 506 |
prescribed for a felony of the second degree. If the drug
involved | 507 |
is any compound, mixture, preparation, or substance
included in | 508 |
schedule I or II, with the exception of marihuana, and
if
the | 509 |
offense was committed in the vicinity of a school,
corrupting | 510 |
another with
drugs is a felony of the first degree,
and, subject | 511 |
to division (E)
of this section, the court shall
impose as a | 512 |
mandatory prison term one of the
prison terms
prescribed for a | 513 |
felony of the first degree. | 514 |
(2) Except as otherwise provided in this division, if the | 515 |
drug involved is any compound, mixture, preparation, or substance | 516 |
included in
schedule III, IV, or V, corrupting another with drugs | 517 |
is a felony of the
second degree, and there is a presumption for a | 518 |
prison term for the offense. If the drug involved is any
compound, | 519 |
mixture,
preparation, or substance included in schedule
III, IV, | 520 |
or
V and if the offense was committed in the vicinity of
a school, | 521 |
corrupting another with drugs is a felony of the second
degree, | 522 |
and the court
shall impose as a mandatory prison term one
of the | 523 |
prison terms prescribed for
a felony of the second degree. | 524 |
(3) Except as otherwise provided in this division, if the | 525 |
drug involved is marihuana, corrupting another
with drugs is a | 526 |
felony of the fourth degree, and division (C) of
section 2929.13 | 527 |
of the Revised Code applies in determining whether
to impose a | 528 |
prison term on the offender. If the drug involved
is marihuana
and | 529 |
if the offense was committed in the vicinity of a
school, | 530 |
corrupting another with drugs is a felony of the third degree, and | 531 |
division
(C) of section 2929.13 of the Revised Code applies in | 532 |
determining whether
to impose a prison term on the offender. | 533 |
(D) In addition to any prison term authorized or required by | 534 |
division (C) or (E) of this section and sections 2929.13 and | 535 |
2929.14 of the Revised Code and in addition to any other sanction | 536 |
imposed for
the offense under this section or sections 2929.11 to | 537 |
2929.18 of
the Revised Code, the court that
sentences an offender | 538 |
who is convicted of or pleads guilty to a
violation of division | 539 |
(A) of this section or the clerk of that court
shall do all of the | 540 |
following that are applicable regarding the offender: | 541 |
(b) Notwithstanding any contrary provision of section
3719.21 | 547 |
of the Revised Code, any mandatory fine
imposed pursuant
to | 548 |
division (D)(1)(a) of this section and any
fine imposed for a | 549 |
violation of this section pursuant to division
(A) of section | 550 |
2929.18 of the Revised Code shall be paid
by the clerk of the | 551 |
court in accordance with and subject to the
requirements of, and | 552 |
shall be used as specified in, division
(F) of section 2925.03 of | 553 |
the Revised Code. | 554 |
(2) The court
shall
suspend for not less than six months
nor | 561 |
more than five years the
offender's
driver's or commercial | 562 |
driver's license or permit. If an offender's driver's or | 563 |
commercial driver's
license or permit is
suspended
pursuant to | 564 |
this division,
the offender, at any time after the
expiration of | 565 |
two years from
the day on which the offender's
sentence was | 566 |
imposed or from
the
day on which the offender finally
was released | 567 |
from
a prison term
under the
sentence, whichever is
later, may | 568 |
file a motion with the
sentencing court requesting
termination of | 569 |
the
suspension.
Upon
the filing of the
motion and the court's | 570 |
finding
of good cause
for the termination,
the court may terminate | 571 |
the
suspension. | 572 |
(E) Notwithstanding the prison term otherwise authorized or | 577 |
required for the offense under division (C) of this section and | 578 |
sections 2929.13 and 2929.14 of the Revised Code, if the violation | 579 |
of division
(A)
of this section involves the sale, offer to sell, | 580 |
or possession
of a schedule
I or II controlled substance, with the | 581 |
exception of marihuana,
and if the court imposing sentence upon | 582 |
the offender finds that the
offender as a result of the violation | 583 |
is a major
drug offender and is guilty of a specification of the | 584 |
type described in
section 2941.1410 of the Revised Code,
the | 585 |
court, in lieu of the prison term that otherwise is
authorized or | 586 |
required, shall impose upon the offender the mandatory prison term | 587 |
specified
in division (D)(3)(a) of section 2929.14 of the Revised | 588 |
Code and may
impose an additional prison term under division | 589 |
(D)(3)(b) of that section. | 590 |
(3) Any person who sells, offers for sale, prescribes, | 608 |
dispenses, or administers for livestock or other nonhuman species | 609 |
an anabolic steroid that is expressly intended for administration | 610 |
through implants to livestock or other nonhuman species and | 611 |
approved for that purpose under the
"Federal Food, Drug, and | 612 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 613 |
and is sold, offered for sale, prescribed, dispensed, or | 614 |
administered for that purpose in accordance with that act. | 615 |
(1) If the drug involved in the violation is any
compound, | 618 |
mixture, preparation, or substance included in schedule
I or | 619 |
schedule II, with the exception of
marihuana, cocaine, L.S.D., | 620 |
heroin, and hashish,
whoever
violates division (A) of this section | 621 |
is guilty of
aggravated trafficking in drugs. The penalty for the | 622 |
offense
shall be determined as follows: | 623 |
(b) Except as otherwise provided in division
(C)(1)(c), (d), | 629 |
(e), or (f) of
this section, if the offense was committed in the | 630 |
vicinity of a school or in
the vicinity of a juvenile, aggravated | 631 |
trafficking in drugs is a felony of the
third degree, and division | 632 |
(C) of section 2929.13 of the Revised Code applies
in determining | 633 |
whether to impose a prison term on the offender. | 634 |
(c) Except as otherwise provided in this division, if the | 635 |
amount
of the drug involved equals or exceeds
the bulk amount but | 636 |
is less than five times the
bulk amount, aggravated
trafficking in | 637 |
drugs
is a felony of the third degree, and the court shall impose | 638 |
as a
mandatory prison term one of the prison terms prescribed for | 639 |
a
felony of the third degree. If the amount of the drug involved | 640 |
is within that range and if the offense was committed in the | 641 |
vicinity of a school or in the vicinity of a juvenile, aggravated | 642 |
trafficking in drugs is a felony of the second degree, and the | 643 |
court shall impose as a mandatory prison term one of the prison | 644 |
terms prescribed for a felony of the second degree. | 645 |
(d) Except as otherwise provided in this division, if the | 646 |
amount
of the drug involved equals or exceeds
five times the bulk | 647 |
amount but is less than
fifty times the bulk amount,
aggravated | 648 |
trafficking in drugs is a felony of the second degree, and the | 649 |
court shall impose as a mandatory prison term one of the prison | 650 |
terms prescribed for a felony of the second degree. If the
amount | 651 |
of the drug involved is within that range and if the
offense was | 652 |
committed in the vicinity of a school or in the
vicinity of a | 653 |
juvenile, aggravated trafficking in drugs is a
felony of the first | 654 |
degree, and the court shall impose as a
mandatory prison term one | 655 |
of the prison terms prescribed for a
felony of the first degree. | 656 |
(f) If the amount of the drug involved equals or exceeds
one | 664 |
hundred times the bulk amount and regardless of whether the | 665 |
offense was committed in the vicinity of a school or in the | 666 |
vicinity of a juvenile, aggravated trafficking in drugs is a | 667 |
felony of the first degree, the offender is a major drug
offender, | 668 |
and the court shall impose as a
mandatory prison term the maximum | 669 |
prison term prescribed for a
felony of the first degree and may | 670 |
impose an additional prison
term prescribed for a major drug | 671 |
offender under division
(D)(3)(b) of section 2929.14 of the | 672 |
Revised Code. | 673 |
(c) Except as otherwise provided in this division, if the | 690 |
amount
of the drug involved equals or exceeds
the bulk amount but | 691 |
is less than five times the
bulk amount, trafficking in
drugs is a | 692 |
felony of the fourth degree, and there is a presumption for a | 693 |
prison term for the offense. If the amount of the drug involved
is | 694 |
within that range and if the offense was committed in the
vicinity | 695 |
of a school or in the vicinity of a juvenile,
trafficking
in drugs | 696 |
is a felony of the third degree, and there
is a
presumption for a | 697 |
prison term for the offense. | 698 |
(d) Except as otherwise provided in this division, if the | 699 |
amount
of the drug involved equals or exceeds
five times the bulk | 700 |
amount but is less than
fifty times the
bulk amount, trafficking | 701 |
in drugs is a felony of the third degree, and there
is a | 702 |
presumption
for a prison term for the offense. If the amount of | 703 |
the drug
involved is within that range and if the offense was | 704 |
committed in
the vicinity of a school or in the vicinity of a | 705 |
juvenile,
trafficking in drugs is a felony of the second degree, | 706 |
and there
is a presumption for a prison term for the offense. | 707 |
(e) Except as otherwise provided in this division, if the | 708 |
amount
of the drug involved equals or exceeds
fifty times the bulk | 709 |
amount, trafficking in drugs is a felony of the second
degree, and | 710 |
the
court shall impose as a mandatory prison term one of the | 711 |
prison
terms prescribed for a felony of the second degree. If the | 712 |
amount of the drug involved equals or exceeds fifty times the bulk | 713 |
amount
and if the offense was committed in the vicinity of a | 714 |
school or
in the vicinity of a juvenile, trafficking in drugs is a | 715 |
felony
of the first degree, and the court shall impose as a | 716 |
mandatory
prison term one of the prison terms prescribed for a | 717 |
felony of
the first degree. | 718 |
(b) Except as otherwise provided in division
(C)(3)(c), (d), | 729 |
(e), (f), or
(g) of
this section, if the offense was committed in | 730 |
the vicinity of
a school or in the vicinity of a juvenile, | 731 |
trafficking in
marihuana is a felony of the fourth degree, and | 732 |
division (C) of section 2929.13 of the Revised Code applies in | 733 |
determining
whether to impose a prison term on the offender. | 734 |
(c) Except as otherwise provided in this division, if the | 735 |
amount
of the drug involved equals or exceeds
two hundred grams | 736 |
but is less than one thousand
grams, trafficking in
marihuana is a | 737 |
felony
of the fourth degree, and division (C) of section 2929.13 | 738 |
of the Revised Code
applies in determining whether
to impose a | 739 |
prison term on the offender. If the amount of the drug
involved
is | 740 |
within that range and if the offense was committed in
the
vicinity | 741 |
of a school or in the vicinity of a juvenile,
trafficking
in | 742 |
marihuana is a felony of the third degree, and
division (C) of | 743 |
section 2929.13 of the Revised Code applies in determining
whether | 744 |
to impose a prison term on the offender. | 745 |
(d) Except as otherwise provided in this division, if the | 746 |
amount
of the drug involved equals or exceeds
one thousand grams | 747 |
but is less than five
thousand grams, trafficking in
marihuana is | 748 |
a felony
of the third degree, and division (C) of section 2929.13 | 749 |
of the Revised Code
applies
in determining whether to impose a | 750 |
prison term on the offender. If the amount
of the drug involved
is | 751 |
within that range and if the offense was committed in the
vicinity | 752 |
of a school or in the vicinity of a juvenile,
trafficking
in | 753 |
marihuana is a felony of the second degree, and
there is a | 754 |
presumption that a prison term shall be imposed for the offense. | 755 |
(e) Except as otherwise provided in this division, if the | 756 |
amount
of the drug involved equals or exceeds
five thousand grams | 757 |
but is less than twenty
thousand grams, trafficking in
marihuana | 758 |
is a
felony of the third degree, and there is a presumption that a | 759 |
prison term shall be imposed for the offense. If the amount of
the | 760 |
drug involved is within that range and if the offense was | 761 |
committed in the vicinity of a school or in the vicinity of a | 762 |
juvenile, trafficking in marihuana is a felony of the second | 763 |
degree, and there is a presumption that a prison term shall be | 764 |
imposed for the offense. | 765 |
(f) Except as otherwise provided in this division, if the | 766 |
amount
of the drug involved equals or exceeds
twenty thousand | 767 |
grams, trafficking in marihuana is a felony of the second
degree, | 768 |
and
the court shall impose as a mandatory prison term the maximum | 769 |
prison term prescribed for a felony of the second degree. If the | 770 |
amount of the drug involved equals or exceeds twenty thousand | 771 |
grams and
if
the offense was committed in the vicinity of a school | 772 |
or in the
vicinity of a juvenile, trafficking in marihuana is a | 773 |
felony of
the first degree, and the court shall impose as a | 774 |
mandatory
prison term the maximum prison term prescribed for a | 775 |
felony of
the first degree. | 776 |
(g) Except as otherwise provided in this division, if
the | 777 |
offense involves a gift of twenty grams or less of
marihuana, | 778 |
trafficking in marihuana is a minor misdemeanor upon
a first | 779 |
offense and a misdemeanor of the third degree upon a
subsequent | 780 |
offense. If the offense involves a gift of twenty
grams or less
of | 781 |
marihuana and if the offense was committed in
the vicinity of a | 782 |
school or in the vicinity of a juvenile,
trafficking in marihuana | 783 |
is a misdemeanor of the third degree. | 784 |
(b) Except as otherwise provided in division
(C)(4)(c), (d), | 795 |
(e), (f), or
(g) of this section, if the offense was committed in | 796 |
the
vicinity of a
school or in the vicinity of a juvenile, | 797 |
trafficking in cocaine
is a felony of the fourth degree, and | 798 |
division (C) of section 2929.13 of the Revised Code applies in | 799 |
determining
whether
to impose a prison term on the offender. | 800 |
(c) Except as otherwise provided in this division, if the | 801 |
amount
of the drug involved equals or exceeds five grams but is | 802 |
less than
ten grams of
cocaine
that is not crack cocaine or equals | 803 |
or exceeds one gram
but is less than five
grams of crack cocaine, | 804 |
trafficking in cocaine is a felony of the
fourth degree, and there | 805 |
is a presumption for a prison term for the
offense. If the amount | 806 |
of the drug involved is within one of those ranges and
if the | 807 |
offense was committed in the vicinity of a school or
in the | 808 |
vicinity of a juvenile, trafficking in cocaine is a felony
of the | 809 |
third degree, and there is a presumption for a prison term
for the | 810 |
offense. | 811 |
(d) Except as otherwise provided in this division, if the | 812 |
amount
of the drug involved equals or exceeds ten grams but is | 813 |
less than
one hundred grams
of cocaine that is not crack cocaine | 814 |
or
equals or exceeds five grams but is less than ten grams of | 815 |
crack
cocaine, trafficking in
cocaine is a felony of
the third | 816 |
degree, and the court shall impose as a mandatory prison
term one | 817 |
of the prison terms prescribed for a felony of the third
degree. | 818 |
If the amount of the drug involved is within one of those ranges | 819 |
and
if the
offense was committed in the vicinity of a school or
in | 820 |
the vicinity of a juvenile,
trafficking in cocaine is a
felony
of | 821 |
the second degree, and the court shall impose as a mandatory | 822 |
prison term one of the prison terms prescribed for a felony of
the | 823 |
second degree. | 824 |
(e) Except as otherwise provided in this division, if the | 825 |
amount
of the drug involved equals or exceeds one hundred grams | 826 |
but is less
than five
hundred grams of cocaine that is not crack | 827 |
cocaine or equals or exceeds ten grams
but is less than | 828 |
twenty-five grams of crack
cocaine,
trafficking in cocaine is a | 829 |
felony of
the second degree, and the court shall impose as a | 830 |
mandatory
prison term one of the prison terms prescribed for a | 831 |
felony of
the second degree. If the amount of the drug involved
is | 832 |
within
one of those ranges and
if the offense was committed in
the | 833 |
vicinity of a
school or in the vicinity of a juvenile,
trafficking | 834 |
in
cocaine
is a felony of the first degree, and the
court shall | 835 |
impose as a
mandatory prison term one of the prison
terms | 836 |
prescribed for a
felony of the first degree. | 837 |
(f) If the amount of the drug involved equals or exceeds
five | 838 |
hundred grams but is less than one thousand
grams
of cocaine
that | 839 |
is not crack cocaine or equals or
exceeds twenty-five grams
but is | 840 |
less than one hundred grams of crack
cocaine and
regardless
of | 841 |
whether the
offense was committed in the vicinity of a school
or | 842 |
in the vicinity of a
juvenile,
trafficking in
cocaine is a
felony | 843 |
of the first degree, and the court shall
impose as a
mandatory | 844 |
prison term one of the prison terms
prescribed for a
felony of the | 845 |
first degree. | 846 |
(g) If the amount of the drug involved equals or exceeds
one | 847 |
thousand grams of cocaine that is not crack
cocaine or equals or | 848 |
exceeds one
hundred grams of crack cocaine
and regardless of | 849 |
whether the offense was committed in the vicinity of a
school or | 850 |
in the vicinity of a juvenile, trafficking in cocaine
is a felony | 851 |
of the first degree, the offender is a major drug
offender,
and | 852 |
the court shall impose as a mandatory prison term the maximum | 853 |
prison term prescribed for a felony of the first degree and may | 854 |
impose an additional mandatory prison term prescribed for a major | 855 |
drug offender under division (D)(3)(b)
of section 2929.14 of the | 856 |
Revised Code. | 857 |
(b) Except as otherwise provided in division
(C)(5)(c), (d), | 868 |
(e), (f), or
(g) of this section, if the offense was committed in | 869 |
the
vicinity of a school or in the vicinity of a juvenile, | 870 |
trafficking in L.S.D. is a felony of the fourth
degree, and | 871 |
division (C) of section 2929.13 of the Revised Code applies in | 872 |
determining whether to impose a prison term on the offender. | 873 |
(c) Except as otherwise provided in this division, if the | 874 |
amount
of the drug involved equals or exceeds
ten unit doses but | 875 |
is less than fifty unit doses
of L.S.D. in a solid form or equals | 876 |
or exceeds one gram
but is less than five grams of L.S.D. in a | 877 |
liquid
concentrate, liquid
extract, or liquid distillate form, | 878 |
trafficking in
L.S.D. is a felony of the fourth degree,
and there | 879 |
is a presumption for a prison term for the offense. If
the amount | 880 |
of the drug involved is within that range and if the
offense was | 881 |
committed in the vicinity of a school or in the
vicinity of a | 882 |
juvenile, trafficking in
L.S.D. is a felony of the third degree, | 883 |
and there is a presumption for a prison term for the offense. | 884 |
(d) Except as otherwise provided in this division, if the | 885 |
amount
of the drug involved equals or exceeds
fifty unit doses but | 886 |
is less than two hundred
fifty unit doses
of L.S.D. in a solid | 887 |
form or equals or exceeds five grams
but is less than twenty-five | 888 |
grams of L.S.D. in a liquid
concentrate,
liquid extract, or liquid | 889 |
distillate form,
trafficking
in
L.S.D. is a felony of the third | 890 |
degree,
and the court shall impose as a mandatory prison term one | 891 |
of the
prison terms prescribed for a felony of the third degree. | 892 |
If the
amount of the drug involved is within that range and if the | 893 |
offense was committed in the vicinity of a school or in the | 894 |
vicinity of a juvenile, trafficking in
L.S.D. is a felony of the | 895 |
second degree,
and the court shall impose as a mandatory prison | 896 |
term one of the
prison terms prescribed for a felony of the second | 897 |
degree. | 898 |
(e) Except as otherwise provided in this division, if the | 899 |
amount
of the drug involved equals or exceeds
two hundred fifty | 900 |
unit doses but is less than
one thousand
unit doses
of L.S.D. in a | 901 |
solid form or equals or exceeds twenty-five
grams but
is less than | 902 |
one hundred grams of L.S.D. in a
liquid
concentrate, liquid | 903 |
extract, or liquid distillate form,
trafficking in
L.S.D. is a | 904 |
felony of the second degree,
and the court shall impose as a | 905 |
mandatory prison term one of the
prison terms prescribed for a | 906 |
felony of the second degree. If
the amount of the drug involved
is | 907 |
within that range and if the
offense was committed in the
vicinity | 908 |
of a school or in the
vicinity of a juvenile, trafficking
in | 909 |
L.S.D. is a felony of the first degree,
and the court shall
impose | 910 |
as a mandatory prison term one of the
prison terms
prescribed for | 911 |
a felony of the first degree. | 912 |
(f) If the amount of the drug involved equals or exceeds
one | 913 |
thousand unit doses but is less than five
thousand unit
doses
of | 914 |
L.S.D. in a solid form or equals or exceeds one hundred
grams but | 915 |
is less than five hundred grams of L.S.D. in a
liquid
concentrate, | 916 |
liquid extract, or liquid distillate form
and regardless of | 917 |
whether the offense was committed in the vicinity of a
school or | 918 |
in the vicinity of a juvenile, trafficking in
L.S.D. is a felony | 919 |
of the
first degree, and the court shall impose as a mandatory | 920 |
prison
term one of the prison terms prescribed for a felony of the | 921 |
first
degree. | 922 |
(g) If the amount of the drug involved equals or exceeds
five | 923 |
thousand unit doses
of L.S.D. in a solid form or equals or
exceeds | 924 |
five
hundred grams of
L.S.D. in a liquid concentrate,
liquid | 925 |
extract, or
liquid
distillate form
and regardless of
whether the | 926 |
offense was committed
in the vicinity of a school or
in the | 927 |
vicinity of a juvenile, trafficking in
L.S.D. is
a
felony
of the | 928 |
first degree, the offender is a major drug
offender, and
the court | 929 |
shall impose as a
mandatory prison term the maximum
prison term | 930 |
prescribed for a
felony of the first degree and may
impose an | 931 |
additional mandatory
prison term prescribed for a major
drug | 932 |
offender under
division (D)(3)(b) of section 2929.14 of
the | 933 |
Revised Code. | 934 |
(b) Except as otherwise provided in
division (C)(6)(c), (d), | 945 |
(e),
(f), or (g) of this section, if the offense was committed
in | 946 |
the vicinity
of a school
or in the vicinity of a juvenile, | 947 |
trafficking in heroin is a
felony of the fourth degree, and | 948 |
division (C) of section 2929.13 of the
Revised Code
applies in | 949 |
determining whether to impose a prison term on the offender. | 950 |
(c) Except as otherwise provided in this division, if the | 951 |
amount
of the drug involved equals or exceeds ten unit doses but | 952 |
is less than
fifty unit doses or equals or exceeds
one gram but is | 953 |
less than five grams,
trafficking in heroin is a felony of
the | 954 |
fourth degree,
and there is a presumption for a prison term for | 955 |
the offense. If
the amount of the drug involved is within that | 956 |
range and if the
offense was committed in the vicinity of a school | 957 |
or in the
vicinity of a juvenile, trafficking in heroin is a | 958 |
felony of the
third degree, and there is a presumption for a | 959 |
prison term for
the offense. | 960 |
(d) Except as otherwise provided in this division, if the | 961 |
amount
of the drug involved equals or exceeds fifty unit doses but | 962 |
is less than
one hundred unit doses or equals or exceeds five | 963 |
grams but is less than ten grams, trafficking in
heroin is a | 964 |
felony of the
third degree,
and there is a presumption for a | 965 |
prison term for the offense.
If the amount of the drug involved
is | 966 |
within that range and if
the offense was committed in the
vicinity | 967 |
of a school or in the
vicinity of a juvenile, trafficking
in | 968 |
heroin is a felony of the
second degree, and there is a | 969 |
presumption for a prison term for
the offense. | 970 |
(e) Except as otherwise provided in this division, if the | 971 |
amount
of the drug involved equals or exceeds one hundred unit | 972 |
doses but is less
than five hundred unit doses or equals or | 973 |
exceeds
ten grams but is less than fifty grams,
trafficking in | 974 |
heroin is a felony
of the second degree,
and the court shall | 975 |
impose as a mandatory prison term one of the
prison terms | 976 |
prescribed for a felony of the second degree. If
the amount of
the | 977 |
drug involved is within that range and if the
offense was | 978 |
committed in the vicinity of a school or in the
vicinity of a | 979 |
juvenile, trafficking in heroin is a felony of the
first degree, | 980 |
and the court shall impose as a mandatory prison
term one of the | 981 |
prison terms prescribed for a felony of the first
degree. | 982 |
(f) If the amount of the drug involved equals or exceeds
five | 983 |
hundred unit
doses but is less than two thousand five hundred
unit | 984 |
doses or equals or
exceeds
fifty grams but is less than two | 985 |
hundred fifty
grams and regardless of
whether the offense was | 986 |
committed in the vicinity of a school or in the
vicinity of a | 987 |
juvenile, trafficking in
heroin is a felony of the first degree, | 988 |
and the court shall
impose as a mandatory prison term one of the | 989 |
prison terms
prescribed for a felony of the first degree. | 990 |
(g) If the amount of the drug involved equals or exceeds two | 991 |
thousand five
hundred unit doses or equals or exceeds
two hundred | 992 |
fifty grams and regardless of whether the offense was committed in | 993 |
the vicinity of a school or in the vicinity of a juvenile, | 994 |
trafficking in
heroin is a felony of the first
degree, the | 995 |
offender is a major drug offender,
and the court shall impose as a | 996 |
mandatory prison term the
maximum prison term prescribed for a | 997 |
felony of the first degree
and may impose an additional mandatory | 998 |
prison term prescribed for
a major drug offender under division | 999 |
(D)(3)(b) of section 2929.14 of the
Revised Code. | 1000 |
(b) Except as otherwise provided in division
(C)(7)(c), (d), | 1011 |
(e), or (f)
of this section, if the offense was committed in the | 1012 |
vicinity
of a
school or in the vicinity of a juvenile, trafficking | 1013 |
in hashish
is a felony of the fourth degree, and division (C) of | 1014 |
section 2929.13
of the Revised Code applies in determining whether | 1015 |
to impose a prison term on
the offender. | 1016 |
(c) Except as otherwise provided in this division, if the | 1017 |
amount
of the drug involved equals or exceeds ten grams but is | 1018 |
less than
fifty grams of
hashish in a solid form or equals or | 1019 |
exceeds two grams but is less
than ten grams of
hashish in a | 1020 |
liquid concentrate, liquid extract, or liquid distillate form, | 1021 |
trafficking in hashish is a felony of the fourth
degree, and | 1022 |
division (C) of section 2929.13 of the Revised Code applies in | 1023 |
determining whether to impose a prison term on the offender. If | 1024 |
the amount of
the drug involved is within that range
and if the | 1025 |
offense was committed in the vicinity of a school or
in the | 1026 |
vicinity of a juvenile, trafficking in hashish is a felony
of the | 1027 |
third degree, and division (C) of section 2929.13 of the Revised | 1028 |
Code
applies
in determining whether to impose a prison term on the | 1029 |
offender. | 1030 |
(d) Except as otherwise provided in this division, if the | 1031 |
amount
of the drug involved equals or exceeds fifty grams but is | 1032 |
less
than two hundred fifty
grams of hashish in a solid form or | 1033 |
equals or exceeds ten grams but
is less than
fifty grams of | 1034 |
hashish in a liquid concentrate, liquid extract, or liquid | 1035 |
distillate form, trafficking in hashish is a
felony of the
third | 1036 |
degree, and division (C) of section 2929.13 of the Revised Code | 1037 |
applies
in
determining whether to impose a prison term on the | 1038 |
offender. If the amount of
the drug involved is within that range | 1039 |
and if the offense was committed in the vicinity of a school or
in | 1040 |
the vicinity of a juvenile, trafficking in hashish is a felony
of | 1041 |
the second degree, and
there is a presumption that a prison term | 1042 |
shall be imposed for the offense. | 1043 |
(e) Except as otherwise provided in this division, if the | 1044 |
amount
of the drug involved equals or exceeds two hundred fifty | 1045 |
grams but
is less than one
thousand grams of hashish in a solid | 1046 |
form or equals or exceeds fifty
grams but is less than two hundred | 1047 |
grams of hashish in a liquid
concentrate, liquid extract,
or | 1048 |
liquid distillate form, trafficking in hashish is a felony of
the | 1049 |
third degree, and there is a presumption that a prison term shall | 1050 |
be
imposed for the offense. If the amount of the drug involved is | 1051 |
within
that range and if the offense was committed in the vicinity | 1052 |
of a
school or in the vicinity of a juvenile, trafficking in | 1053 |
hashish
is a felony of the second degree, and there is a | 1054 |
presumption that a prison
term shall be imposed for the offense. | 1055 |
(f) Except as otherwise provided in this division, if the | 1056 |
amount
of the drug involved equals or exceeds
one thousand grams | 1057 |
of hashish in a solid form or equals or exceeds two
hundred grams | 1058 |
of
hashish in a liquid concentrate, liquid extract, or liquid | 1059 |
distillate form,
trafficking in
hashish is a felony of the second | 1060 |
degree, and the court shall
impose as a mandatory prison term the | 1061 |
maximum prison term
prescribed for a felony of the second degree. | 1062 |
If the amount of the drug
involved
is within that range
and if the | 1063 |
offense was committed in the vicinity of a school or in the | 1064 |
vicinity of a juvenile, trafficking in hashish is a felony of
the | 1065 |
first degree,
and the court shall impose as a mandatory prison | 1066 |
term the maximum
prison term prescribed for a felony of the first | 1067 |
degree. | 1068 |
(1) If the violation of division (A) of this
section is a | 1077 |
felony of the first, second, or third degree, the
court shall | 1078 |
impose upon the offender the mandatory fine specified
for the | 1079 |
offense under division (B)(1) of section 2929.18
of the Revised | 1080 |
Code unless, as specified in that
division, the court determines | 1081 |
that the offender is indigent. Except as
otherwise provided in | 1082 |
division (H)(1) of this section, a
mandatory fine or any other | 1083 |
fine imposed for a violation of this
section is subject to | 1084 |
division (F) of this
section. If a person is charged with a | 1085 |
violation of this section
that is a felony of the first, second, | 1086 |
or third degree, posts
bail, and forfeits the bail, the clerk of | 1087 |
the court shall pay the
forfeited bail
pursuant to divisions | 1088 |
(D)(1) and
(F) of this section, as if the forfeited bail was a | 1089 |
fine
imposed for a violation of this section. If any amount of
the | 1090 |
forfeited bail
remains after that payment and if a fine is
imposed | 1091 |
under division (H)(1) of
this section, the clerk of the
court | 1092 |
shall pay the remaining amount of the
forfeited bail
pursuant to | 1093 |
divisions (H)(2) and (3) of this section, as if
that
remaining | 1094 |
amount was a fine imposed under division (H)(1) of this
section. | 1095 |
(E) When a person is charged with the
sale of or offer to | 1102 |
sell a bulk amount
or a multiple of a bulk amount of a controlled | 1103 |
substance, the jury, or the
court trying the
accused, shall | 1104 |
determine the amount of the controlled substance
involved at the | 1105 |
time of the offense and, if a guilty verdict is
returned, shall | 1106 |
return the findings as part of the verdict. In
any such case, it | 1107 |
is unnecessary to find and return the exact
amount of the | 1108 |
controlled substance involved, and it is sufficient if the
finding | 1109 |
and return is to the effect that the amount of the
controlled | 1110 |
substance involved is the requisite
amount, or that the amount of | 1111 |
the controlled
substance involved is less than the requisite | 1112 |
amount. | 1113 |
(F)(1) Notwithstanding any contrary provision of section | 1114 |
3719.21 of the Revised Code and except as provided in division (H) | 1115 |
of this
section, the clerk of the court shall pay any mandatory | 1116 |
fine imposed pursuant
to division (D)(1) of this section and any | 1117 |
fine other than a
mandatory fine that is imposed for
a violation | 1118 |
of this section pursuant to division (A) or (B)(5) of section | 1119 |
2929.18 of the Revised Code to the
county, township, municipal | 1120 |
corporation, park district, as
created pursuant to section 511.18 | 1121 |
or 1545.04 of the Revised
Code, or state law enforcement agencies | 1122 |
in this state that
primarily were responsible for or involved in | 1123 |
making the arrest
of, and in prosecuting, the offender. However, | 1124 |
the clerk shall not
pay a mandatory fine
so imposed to a law | 1125 |
enforcement agency unless the
agency has adopted a written | 1126 |
internal control policy under
division (F)(2) of this section that | 1127 |
addresses the use of
the
fine moneys that it receives. Each
agency | 1128 |
shall use
the mandatory fines so paid to subsidize the
agency's | 1129 |
law enforcement
efforts that
pertain to drug offenses, in | 1130 |
accordance with the written internal
control policy adopted by the | 1131 |
recipient agency under division
(F)(2) of this section. | 1132 |
(2)(a) Prior to receiving any fine moneys under division | 1133 |
(F)(1) of this section or division (B)(5) of section 2925.42 of | 1134 |
the Revised Code, a law enforcement agency shall adopt a written | 1135 |
internal control policy that addresses the agency's use and | 1136 |
disposition of all fine moneys so received and that provides for | 1137 |
the keeping of detailed financial records of the receipts of
those | 1138 |
fine moneys, the general types of expenditures made out of
those | 1139 |
fine moneys, and the specific amount of each general type
of | 1140 |
expenditure. The policy shall not provide for or permit the | 1141 |
identification of any specific expenditure that is made in an | 1142 |
ongoing investigation. All financial records of the receipts of | 1143 |
those fine moneys, the general types of expenditures made out of | 1144 |
those fine moneys, and the specific amount of each general type
of | 1145 |
expenditure by an agency are public records open for
inspection | 1146 |
under section 149.43 of the Revised Code.
Additionally, a written | 1147 |
internal control policy adopted under
this division is such a | 1148 |
public record, and the agency that
adopted it shall comply with | 1149 |
it. | 1150 |
(b) Each law enforcement agency that receives in any
calendar | 1151 |
year any fine moneys under division (F)(1) of this
section or | 1152 |
division (B)(5) of section 2925.42 of the Revised Code
shall | 1153 |
prepare a report covering the calendar year that cumulates
all of | 1154 |
the information contained in all of the public financial
records | 1155 |
kept by the agency pursuant to division (F)(2)(a) of this
section | 1156 |
for that calendar year, and shall send a copy of the
cumulative | 1157 |
report, no later than the first day of March in the
calendar year | 1158 |
following the calendar year covered by the report,
to the attorney | 1159 |
general. Each report received by the attorney
general is a public | 1160 |
record open for inspection under section
149.43 of the Revised | 1161 |
Code. Not later than the fifteenth
day of
April in the calendar | 1162 |
year in which the reports
are received, the
attorney general shall | 1163 |
send
to the president of the senate
and the
speaker of the house | 1164 |
of representatives
a written notification
that does all of the | 1165 |
following: | 1166 |
(G) When required under division
(D)(2) of
this section
or | 1181 |
any other provision of this chapter, the court
shall suspend for | 1182 |
not less than six months
or
more than five years the driver's or | 1183 |
commercial driver's license
or permit
of any person who is | 1184 |
convicted of or pleads guilty to
any
violation of this section
or | 1185 |
any other specified
provision of this chapter. If an offender's | 1186 |
driver's or
commercial driver's license or permit is
suspended | 1187 |
pursuant to this
division,
the offender, at any time after the | 1188 |
expiration of two years from
the day on which the offender's | 1189 |
sentence was imposed or from the
day on
which the offender finally | 1190 |
was released from a
prison
term under the
sentence, whichever is | 1191 |
later, may file a motion with the
sentencing court requesting | 1192 |
termination of the
suspension; upon
the filing of such
a motion | 1193 |
and the court's finding of good cause
for the
termination, the | 1194 |
court may terminate the
suspension. | 1195 |
(H)(1) In addition to any prison term
authorized or required | 1196 |
by division (C) of this section and
sections 2929.13 and 2929.14 | 1197 |
of the
Revised Code, in addition to any other
penalty or sanction | 1198 |
imposed for the offense under this section
or sections 2929.11 to | 1199 |
2929.18 of the
Revised Code, and in addition to the
forfeiture of | 1200 |
property in connection with the offense as
prescribed in sections | 1201 |
2925.42 to 2925.45 of the
Revised Code, the court that sentences | 1202 |
an offender who is convicted of or pleads guilty to a violation
of | 1203 |
division (A) of this section may impose upon the offender an | 1204 |
additional fine specified for the offense in
division (B)(4) of | 1205 |
section
2929.18 of the Revised Code. A fine imposed under
division | 1206 |
(H)(1) of this section
is not subject to division (F) of
this | 1207 |
section and shall
be used solely for the support of one or
more | 1208 |
eligible alcohol
and drug addiction programs in accordance
with | 1209 |
divisions
(H)(2) and (3) of this section. | 1210 |
(2) The court that imposes a fine under division
(H)(1) of | 1211 |
this section shall
specify in the judgment that imposes the fine | 1212 |
one or more
eligible alcohol and drug addiction programs for the | 1213 |
support of
which the fine money is to be used. No alcohol and
drug | 1214 |
addiction program shall receive or use money paid or
collected
in | 1215 |
satisfaction of a fine imposed under division
(H)(1)
of this | 1216 |
section unless
the program is specified in the judgment
that | 1217 |
imposes the fine.
No alcohol and drug addiction program
shall be | 1218 |
specified in the
judgment unless the program is an
eligible | 1219 |
alcohol and drug
addiction program and, except as
otherwise | 1220 |
provided in division
(H)(2) of this section, unless
the
program is | 1221 |
located in the county in which the court that
imposes
the fine is | 1222 |
located or in a county that is immediately
contiguous
to the | 1223 |
county in which that court is located. If no
eligible
alcohol and | 1224 |
drug addiction program is located in any
of those
counties, the | 1225 |
judgment may specify an eligible alcohol
and drug
addiction | 1226 |
program that is located anywhere within this
state. | 1227 |
(3) Notwithstanding any contrary provision of section
3719.21 | 1228 |
of the Revised Code, the clerk of the court
shall pay any
fine | 1229 |
imposed under division
(H)(1) of this section to the eligible | 1230 |
alcohol and drug addiction
program specified pursuant to division | 1231 |
(H)(2) of this section in the
judgment. The eligible alcohol and | 1232 |
drug addiction program that receives the
fine moneys shall use the | 1233 |
moneys only for the
alcohol and drug addiction services identified | 1234 |
in the
application for certification under section 3793.06 of the | 1235 |
Revised Code or in the application for a
license under section | 1236 |
3793.11 of the Revised Code filed with
the department of alcohol | 1237 |
and drug addiction services by the alcohol and drug
addiction | 1238 |
program specified in the judgment. | 1239 |
(4) Each alcohol and drug addiction program that receives
in | 1240 |
a calendar year any fine moneys under division
(H)(3) of this | 1241 |
section shall
file an annual report covering that calendar year | 1242 |
with the court
of common pleas and the board of county | 1243 |
commissioners of the
county in which the program is located, with | 1244 |
the court of common pleas and the
board of county commissioners of | 1245 |
each county from which the program received
the moneys if that | 1246 |
county is different from the county in which the program is | 1247 |
located, and with the attorney general. The alcohol and drug | 1248 |
addiction
program shall file the report no later than the first | 1249 |
day of March in
the calendar year
following the calendar year in | 1250 |
which the program received the
fine moneys. The report shall | 1251 |
include statistics on the number
of persons served by the alcohol | 1252 |
and drug addiction program,
identify the types of alcohol and drug | 1253 |
addiction services
provided to those persons, and include a | 1254 |
specific accounting of
the purposes for which the fine moneys | 1255 |
received were used. No
information contained in the report shall | 1256 |
identify, or enable a
person to determine the identity of, any | 1257 |
person served by the
alcohol and drug addiction program. Each | 1258 |
report received by a
court of common pleas, a board of county | 1259 |
commissioners, or the
attorney general is a public record open for | 1260 |
inspection under
section 149.43 of the Revised Code. | 1261 |
(3) Any person who sells, offers for sale, prescribes, | 1282 |
dispenses, or administers for livestock or other nonhuman species | 1283 |
an anabolic steroid that is expressly intended for administration | 1284 |
through implants to livestock or other nonhuman species and | 1285 |
approved for that purpose under the
"Federal Food, Drug, and | 1286 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 1287 |
and is sold, offered for sale, prescribed, dispensed, or | 1288 |
administered for that purpose in accordance with that act; | 1289 |
(1) If the drug involved in the violation is a compound, | 1295 |
mixture,
preparation, or substance included in schedule I or II, | 1296 |
with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and | 1297 |
hashish, whoever violates division (A) of
this section is guilty | 1298 |
of aggravated possession of drugs. The
penalty for the offense | 1299 |
shall be determined as follows: | 1300 |
(e) If the amount of the drug involved equals or exceeds one | 1321 |
hundred
times the bulk
amount, aggravated possession of drugs is a | 1322 |
felony of the first degree, the
offender is a major drug offender, | 1323 |
and
the court shall impose as a mandatory prison term the maximum | 1324 |
prison term
prescribed for a felony of the first degree and may | 1325 |
impose an additional
mandatory prison term prescribed for a major | 1326 |
drug offender under division
(D)(3)(b) of section 2929.14 of the | 1327 |
Revised Code. | 1328 |
(a) Except as otherwise provided in division
(C)(2)(b), (c), | 1334 |
or (d) of this section,
possession of drugs is a misdemeanor of | 1335 |
the third degree or, if the offender previously has been
convicted | 1336 |
of a drug abuse offense, a misdemeanor of the second
degree. If | 1337 |
the drug involved in the violation is an anabolic
steroid included | 1338 |
in schedule III and if the offense is a
misdemeanor of the third | 1339 |
degree under this division, in lieu of
sentencing the offender to | 1340 |
a term of imprisonment in a detention
facility, the court may | 1341 |
place the offender
under a community
control sanction, as defined | 1342 |
in section 2929.01 of the Revised
Code, that requires the offender | 1343 |
to perform supervised community
service work pursuant to
division | 1344 |
(B) of section 2951.02 of the
Revised
Code. | 1345 |
(f) If the amount of the drug involved equals or exceeds
one | 1427 |
thousand grams of cocaine that is not crack
cocaine or equals or | 1428 |
exceeds one
hundred grams of crack cocaine, possession of cocaine | 1429 |
is a felony of
the first degree, the offender is a major drug | 1430 |
offender, and the
court shall impose as a mandatory prison
term | 1431 |
the maximum prison term prescribed for a felony of the first | 1432 |
degree and may impose an additional mandatory prison term | 1433 |
prescribed for a major drug offender under division
(D)(3)(b) of | 1434 |
section 2929.14 of the
Revised Code. | 1435 |
(b) If the amount of L.S.D. involved equals or exceeds ten | 1444 |
unit doses
but is less than fifty unit doses
of L.S.D. in a solid | 1445 |
form or equals or exceeds one gram
but is less than five grams of | 1446 |
L.S.D.
in a liquid concentrate, liquid extract, or liquid | 1447 |
distillate
form, possession of
L.S.D. is a felony of the fourth | 1448 |
degree,
and division (C) of section 2929.13 of the Revised Code | 1449 |
applies in determining
whether to impose a prison term on the | 1450 |
offender. | 1451 |
(c) If the amount of
L.S.D. involved equals or exceeds fifty | 1452 |
unit doses,
but is less than two hundred fifty unit doses
of | 1453 |
L.S.D. in a solid form or equals or exceeds five grams
but is less | 1454 |
than twenty-five grams of L.S.D.
in a liquid concentrate, liquid | 1455 |
extract, or liquid distillate
form, possession of L.S.D. is a | 1456 |
felony of the third degree, and there is a
presumption for a | 1457 |
prison term for the offense. | 1458 |
(d) If the amount of
L.S.D. involved equals or exceeds two | 1459 |
hundred fifty
unit doses but is less than one thousand unit
doses | 1460 |
of L.S.D. in a solid form or equals or exceeds twenty-five
grams | 1461 |
but is less than one hundred grams of
L.S.D. in a liquid | 1462 |
concentrate,
liquid extract, or liquid distillate form,
possession | 1463 |
of L.S.D. is a felony of the
second degree, and the court shall | 1464 |
impose as a mandatory prison
term one of the prison terms | 1465 |
prescribed for a felony of the
second degree. | 1466 |
(e) If the amount of
L.S.D. involved equals or exceeds one | 1467 |
thousand unit
doses but is less than five thousand unit doses
of | 1468 |
L.S.D. in a solid form or equals or exceeds one hundred
grams but | 1469 |
is less than five hundred grams of
L.S.D.
in a liquid concentrate, | 1470 |
liquid extract, or liquid distillate
form, possession of L.S.D. is | 1471 |
a felony of the first degree,
and the court shall impose as a | 1472 |
mandatory prison term one of the
prison terms prescribed for a | 1473 |
felony of the first degree. | 1474 |
(f) If the amount of
L.S.D. involved equals or exceeds five | 1475 |
thousand
unit doses
of L.S.D. in a solid form or equals or exceeds | 1476 |
five
hundred grams of L.S.D.
in a liquid concentrate, liquid | 1477 |
extract, or liquid distillate
form, possession of L.S.D. is a | 1478 |
felony of the first degree, the offender is a major drug
offender, | 1479 |
and the court shall impose as a
mandatory prison term the maximum | 1480 |
prison term prescribed for a
felony of the first degree and may | 1481 |
impose an additional mandatory
prison term prescribed for a major | 1482 |
drug offender under division
(D)(3)(b) of section 2929.14 of the | 1483 |
Revised Code. | 1484 |
(f) If the amount of the drug involved equals or exceeds two | 1518 |
thousand five
hundred unit doses or equals or exceeds
two hundred | 1519 |
fifty grams, possession of heroin is a felony of the
first degree, | 1520 |
the offender is a major drug offender, and the
court shall impose | 1521 |
as a mandatory prison
term the maximum prison term prescribed for | 1522 |
a felony of the first
degree and may impose an additional | 1523 |
mandatory prison term
prescribed for a major drug offender under | 1524 |
division
(D)(3)(b) of section 2929.14 of the
Revised Code. | 1525 |
(c) If the amount of the drug involved equals or exceeds
ten | 1539 |
grams but is less than fifty grams of
hashish in a solid form or | 1540 |
equals or
exceeds two grams but is less than ten grams of
hashish | 1541 |
in a liquid
concentrate, liquid extract, or liquid distillate | 1542 |
form,
possession of hashish is a felony of the fifth degree, and | 1543 |
division
(B) of section 2929.13 of the Revised Code applies in | 1544 |
determining whether to
impose
a prison term on the offender. | 1545 |
(d) If the amount of the drug involved equals or exceeds | 1546 |
fifty grams but is less than two hundred fifty
grams of hashish in | 1547 |
a solid
form or equals or exceeds ten grams but is
less than fifty | 1548 |
grams of hashish in a
liquid concentrate, liquid extract, or | 1549 |
liquid distillate form,
possession of hashish is a felony of the | 1550 |
third degree, and division
(C) of section 2929.13 of the Revised | 1551 |
Code applies in determining whether to impose
a prison term on the | 1552 |
offender. | 1553 |
(e) If the amount of the drug involved equals or exceeds
two | 1554 |
hundred fifty grams but is less than one
thousand grams of hashish | 1555 |
in a
solid form or equals or exceeds fifty grams but
is less than | 1556 |
two hundred grams of
hashish in a liquid concentrate, liquid | 1557 |
extract, or liquid distillate form,
possession of hashish is a | 1558 |
felony of the third degree, and there is a
presumption that a | 1559 |
prison term shall be imposed for the offense. | 1560 |
(E) In addition to any prison term
or jail term authorized
or | 1575 |
required by
division (C) of this section and sections
2929.13, | 1576 |
2929.14, 2929.22, 2929.24, and 2929.25 of
the Revised Code
and in | 1577 |
addition to any other sanction that is
imposed for the
offense | 1578 |
under this section, sections 2929.11 to
2929.18, or
sections | 1579 |
2929.21 to 2929.28 of
the
Revised Code, the court that
sentences | 1580 |
an
offender
who is convicted of or pleads guilty to a
violation of | 1581 |
division
(A) of this section shall do all of the
following that | 1582 |
are
applicable regarding the offender: | 1583 |
(b) Notwithstanding any contrary provision of section
3719.21 | 1589 |
of the Revised Code, the clerk of the
court shall pay a
mandatory | 1590 |
fine or other fine
imposed for a violation of this
section | 1591 |
pursuant to division (A) of section
2929.18 of the Revised
Code in | 1592 |
accordance with and subject to the requirements
of
division (F) of | 1593 |
section 2925.03 of the Revised Code. The agency
that
receives the | 1594 |
fine shall use the fine as specified in division
(F) of section | 1595 |
2925.03 of the Revised Code. | 1596 |
(F) It is an affirmative defense, as provided in section | 1609 |
2901.05 of the Revised Code, to a charge of a fourth degree felony | 1610 |
violation under this section that the controlled substance that | 1611 |
gave
rise
to the charge is in an
amount, is in a form, is | 1612 |
prepared, compounded, or mixed with substances that
are
not | 1613 |
controlled substances in a manner, or is possessed
under any
other | 1614 |
circumstances, that indicate that the substance was possessed | 1615 |
solely for
personal use.
Notwithstanding any contrary provision
of | 1616 |
this section, if, in accordance
with section 2901.05 of the | 1617 |
Revised Code, an accused who is charged with a
fourth degree | 1618 |
felony violation of division (C)(2), (4), (5), or (6) of this | 1619 |
section
sustains the burden of going forward with evidence of and | 1620 |
establishes by a
preponderance of the evidence the affirmative | 1621 |
defense described in this
division, the accused may be prosecuted | 1622 |
for and may plead guilty to or be
convicted of a misdemeanor | 1623 |
violation of division (C)(2) of this
section or a fifth degree | 1624 |
felony violation of division (C)(4), (5), or (6) of this section | 1625 |
respectively. | 1626 |
Sec. 2925.12. (A) No person shall knowingly make, obtain, | 1631 |
possess, or use any instrument, article, or thing the customary | 1632 |
and primary purpose of which is for the administration or use of a | 1633 |
dangerous drug, other than marihuana, when the instrument
involved | 1634 |
is a hypodermic or syringe, whether or not of crude or | 1635 |
extemporized manufacture or assembly, and the instrument,
article, | 1636 |
or thing involved has been used by the offender to
unlawfully | 1637 |
administer or use a dangerous drug, other than
marihuana, or to | 1638 |
prepare a dangerous drug, other than marihuana,
for unlawful | 1639 |
administration or use. | 1640 |
(B) This section does not apply to manufacturers,
licensed | 1641 |
health professionals authorized to prescribe
drugs, pharmacists, | 1642 |
owners of pharmacies, and other
persons whose conduct was in | 1643 |
accordance with
Chapters 3719., 4715., 4723., 4729., 4730., 4731., | 1644 |
and
4741. of the Revised
Code. | 1645 |
(D) In addition to any other sanction imposed
upon an | 1650 |
offender for a
violation of this section, the court shall suspend | 1651 |
for not less
than six months or more than five years the | 1652 |
offender's driver's or
commercial
driver's license or permit. If | 1653 |
the
offender is a professionally
licensed person, in addition
to | 1654 |
any other sanction imposed for a
violation of this section,
the | 1655 |
court
immediately shall
comply with section
2925.38 of
the
Revised | 1656 |
Code. | 1657 |
Sec. 2925.14. (A) As used in this section,
"drug | 1658 |
paraphernalia" means any equipment, product, or material of any | 1659 |
kind that is used by the offender, intended by the offender for | 1660 |
use, or designed for use, in propagating, cultivating, growing, | 1661 |
harvesting, manufacturing, compounding, converting, producing, | 1662 |
processing, preparing, testing, analyzing, packaging,
repackaging, | 1663 |
storing, containing, concealing, injecting,
ingesting, inhaling, | 1664 |
or otherwise introducing into the human
body, a controlled | 1665 |
substance in violation of this chapter.
"Drug
paraphernalia" | 1666 |
includes, but is not limited to, any of the
following equipment, | 1667 |
products, or materials that are used by the
offender, intended by | 1668 |
the offender for use, or designed by the
offender for use, in any | 1669 |
of the following manners: | 1670 |
(13) An object, instrument, or device for ingesting, | 1699 |
inhaling, or otherwise introducing into the human body,
marihuana, | 1700 |
cocaine, hashish, or hashish oil, such as a
metal,
wooden, | 1701 |
acrylic, glass, stone, plastic, or ceramic pipe, with or
without a | 1702 |
screen, permanent screen, hashish head, or punctured
metal bowl; | 1703 |
water pipe; carburetion tube or device; smoking or
carburetion | 1704 |
mask; roach clip or similar object used to hold
burning material, | 1705 |
such as a marihuana cigarette, that has become
too small or too | 1706 |
short to be held in the hand; miniature cocaine
spoon, or cocaine | 1707 |
vial; chamber pipe; carburetor pipe; electric
pipe; air driver | 1708 |
pipe; chillum; bong; or ice pipe or chiller. | 1709 |
(5) Direct or circumstantial evidence of the intent of the | 1722 |
owner, or of
anyone in control, of the
equipment, product,
or | 1723 |
material, to deliver it to any person whom the owner
or person
in | 1724 |
control of the
equipment, product, or material knows
intends to | 1725 |
use the object to
facilitate a violation of any
provision of this | 1726 |
chapter. A finding that the
owner, or anyone in
control, of the
| 1727 |
equipment, product, or material, is not
guilty of a
violation of | 1728 |
any other provision of this chapter does
not
prevent a finding | 1729 |
that the
equipment, product, or
material was intended or designed | 1730 |
by the
offender for use as drug
paraphernalia. | 1731 |
(3) No person shall place an advertisement in any
newspaper, | 1753 |
magazine, handbill, or other publication that is
published and | 1754 |
printed and circulates primarily within this state,
if the person | 1755 |
knows that the purpose of the advertisement is to
promote the | 1756 |
illegal sale in this state of the equipment, product, or material | 1757 |
that the offender intended or designed for use as drug | 1758 |
paraphernalia. | 1759 |
(D) This section does not apply to manufacturers,
licensed | 1760 |
health professionals authorized to prescribe
drugs, pharmacists, | 1761 |
owners of pharmacies, and other
persons whose conduct is in | 1762 |
accordance with Chapters 3719., 4715.,
4723., 4729., 4730., 4731., | 1763 |
and
4741. of
the Revised Code. This section shall not be construed | 1764 |
to
prohibit the possession or use of a hypodermic as authorized by | 1765 |
section 3719.172 of the Revised Code. | 1766 |
(E) Notwithstanding sections 2933.42 and 2933.43 of the | 1767 |
Revised Code, any drug paraphernalia that was used, possessed, | 1768 |
sold, or manufactured in a violation of this section shall be | 1769 |
seized, after a conviction for that violation shall be forfeited, | 1770 |
and upon forfeiture shall be disposed of pursuant to division | 1771 |
(D)(8) of section 2933.41 of the Revised Code. | 1772 |
(G) In addition to any other sanction imposed
upon an | 1785 |
offender for a
violation of this section, the court shall suspend | 1786 |
for not less
than six months or more than five years the | 1787 |
offender's driver's or
commercial
driver's license or permit. If | 1788 |
the
offender is a professionally
licensed person, in addition
to | 1789 |
any other sanction imposed for a
violation of this section, the | 1790 |
court
immediately shall
comply with section 2925.38 of the
Revised | 1791 |
Code. | 1792 |
(E) Divisions (A) and (D) of this section do not apply to | 1823 |
licensed health professionals authorized to prescribe
drugs, | 1824 |
pharmacists, owners of pharmacies, and other
persons whose conduct | 1825 |
is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729., | 1826 |
4730.,
4731., and 4741. of the Revised Code. | 1827 |
(F) Whoever violates this section is guilty of illegal | 1828 |
processing of drug documents.
If the offender violates division | 1829 |
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of
this | 1830 |
section, illegal processing of drug documents is a felony of the | 1831 |
fifth
degree. If the offender violates
division (A), division | 1832 |
(B)(1) or (3), division
(C)(1) or (3), or division (D) of this | 1833 |
section, the
penalty for illegal processing of drug documents | 1834 |
shall be
determined as follows: | 1835 |
(B) Division (A) of this section does not apply to | 1872 |
manufacturers, wholesalers, pharmacists, owners of pharmacies, | 1873 |
licensed
health professionals authorized to prescribe drugs, and | 1874 |
other persons whose conduct is in accordance with Chapters 3719., | 1875 |
4715., 4723., 4725., 4729., 4730., 4731., and 4741. of the Revised | 1876 |
Code. | 1877 |
(E) Notwithstanding the prison term authorized or required
by | 1919 |
division (C) of this section and sections 2929.13 and 2929.14
of | 1920 |
the Revised
Code, if the violation of division (A) of this
section | 1921 |
involves the sale,
offer to sell, or possession of a
schedule I or | 1922 |
II
controlled substance, with the exception of
marihuana, and if | 1923 |
the court
imposing sentence upon the offender
finds that the | 1924 |
offender as
a result of the violation is a major
drug offender and | 1925 |
is guilty of
a specification of the type
described in section | 1926 |
2941.1410 of the Revised Code, the
court, in
lieu of the
prison | 1927 |
term otherwise authorized or required, shall
impose upon
the | 1928 |
offender the mandatory prison term specified in
division
(D)(3)(a) | 1929 |
of section 2929.14 of the Revised Code and may
impose an | 1930 |
additional
prison
term under division (D)(3)(b) of that
section. | 1931 |
Sec. 3327.10. (A) No person shall be employed as driver
of
a | 1940 |
school bus or motor van, owned and operated by any school
district | 1941 |
or educational service center or privately owned and
operated | 1942 |
under
contract with any
school district or service center
in this | 1943 |
state, who has not received a
certificate
from the
educational | 1944 |
service center governing board in case such person is
employed by | 1945 |
a service center or by
a local school
district under
the | 1946 |
supervision of the service center governing
board, or by the | 1947 |
superintendent of schools, in case such person is employed by the | 1948 |
board of a city or exempted village school district, certifying | 1949 |
that such person is at least eighteen years of age and is of good | 1950 |
moral character and is qualified physically and otherwise for
such | 1951 |
position. The service center governing board or the | 1952 |
superintendent, as the
case may be, shall provide for an annual | 1953 |
physical examination
that conforms with rules adopted by the state | 1954 |
board of education
of each driver to ascertain
the driver's | 1955 |
physical fitness
for such
employment. Any certificate may be | 1956 |
revoked by the authority
granting the same on proof that the | 1957 |
holder has been guilty of
failing to comply with division (D)(1) | 1958 |
of this section, or upon a
conviction or a guilty plea for a | 1959 |
violation, or any other action,
that results in a loss or | 1960 |
suspension of driving rights. Failure
to comply with such
division | 1961 |
may be cause for disciplinary action
or termination of
employment | 1962 |
under division (C) of section
3319.081, or section
124.34 of the | 1963 |
Revised Code. | 1964 |
(B) No person shall be employed as driver of a school bus
or | 1965 |
motor van not subject to the rules of the department of
education | 1966 |
pursuant to division (A) of this section who has not
received a | 1967 |
certificate from the school administrator or
contractor certifying | 1968 |
that such person is at least eighteen years
of age, is of good | 1969 |
moral character, and is qualified physically
and otherwise for | 1970 |
such position. Each driver shall have an
annual physical | 1971 |
examination which conforms to the state highway
patrol rules, | 1972 |
ascertaining
the driver's physical fitness for
such
employment.
| 1973 |
The examination shall be performed by one of the
following: | 1974 |
(1) The written pledge or promise of the person,
partnership, | 2016 |
or corporation to legally employ the child, and for
this purpose | 2017 |
work performed by a minor, directly and exclusively
for the | 2018 |
benefit of such minor's parent, in the farm home or on
the
farm of | 2019 |
such parent is legal employment, irrespective of any
contract of | 2020 |
employment, or the absence thereof, to permit
the
child to attend | 2021 |
school as provided in section 3321.08 of the
Revised Code,
and
| 2022 |
give notice of the nonuse
of an age and
schooling certificate | 2023 |
within
five days
from the date of the
child's withdrawal or | 2024 |
dismissal from the
service of that person,
partnership, or | 2025 |
corporation, giving the
reasons for such
withdrawal or dismissal; | 2026 |
(2) The
child's school record or
notification. As used in | 2027 |
this division, a "school record" means documents properly filled | 2028 |
out
and signed by the
person in charge of the school which the | 2029 |
child
last attended,
giving the recorded age of the child,
the | 2030 |
child's address,
standing in studies, rating in conduct, and | 2031 |
attendance in
days
during the school year of
the child's last | 2032 |
attendance;
"notification" means the information submitted to
the | 2033 |
superintendent by the parent of a child excused from
attendance at | 2034 |
school pursuant to division (A)(2) of section
3321.04 of the | 2035 |
Revised Code, as the notification is required by rules
adopted by | 2036 |
the department of education. | 2037 |
(b) In the absence of such birth record or certification
of | 2044 |
birth, a passport, or duly attested transcript thereof,
showing | 2045 |
the date and place of birth of the child, filed with a
register of | 2046 |
passports at a port of entry of the United States; or
an attested | 2047 |
transcript of the certificate of birth or baptism or
other | 2048 |
religious record, showing the date and place of birth of
the | 2049 |
child, shall be conclusive evidence of the age of the child; | 2050 |
(d) In case no documentary proof of age can be procured,
the | 2055 |
superintendent
or chief administrative officer may receive and | 2056 |
file an application signed by
the parent, guardian, or custodian | 2057 |
of the child that a
medical certificate be secured to
establish | 2058 |
the sufficiency
of the age of the child, which
application shall | 2059 |
state the
alleged age of the child, the place
and date of birth,
| 2060 |
the
child's present residence, and such
further facts as may be of | 2061 |
assistance
in determining the age of
the child, and shall certify | 2062 |
that the
person signing the
application is unable to obtain any of | 2063 |
the
documentary proofs
specified in divisions
(A)(3)(a),
(b), and | 2064 |
(c)
of
this section;
and if the superintendent
or chief | 2065 |
administrative
officer is
satisfied that a
reasonable effort to | 2066 |
procure such
documentary
proof has been
without success such | 2067 |
application shall
be granted
and the
certificate of the school | 2068 |
physician or if there
be none,
of a
physician, a physician | 2069 |
assistant, a clinical nurse
specialist, or a certified nurse | 2070 |
practitioner employed by the
board of education, that
said | 2071 |
physician, physician assistant,
clinical nurse
specialist, or | 2072 |
certified nurse
practitioner
is
satisfied that the
child is above | 2073 |
the age
required
for an age
and
schooling
certificate as stated in | 2074 |
section
3331.01
of the
Revised
Code,
shall be accepted as | 2075 |
sufficient
evidence of
age; | 2076 |
(4) A certificate, including an athletic certificate of | 2077 |
examination, from
a physician
licensed pursuant to
Chapter 4731. | 2078 |
of the Revised Code, a physician
assistant licensed pursuant
to | 2079 |
Chapter 4730. of the Revised Code, a physician assistant, a | 2080 |
clinical nurse specialist,
or a certified nurse practitioner,
or | 2081 |
from the district health
commissioner,
showing
after a thorough | 2082 |
examination that the child
is physically
fit to
be employed in | 2083 |
such occupations as are not
prohibited by
law for a
boy or girl, | 2084 |
as the case may be, under
eighteen years of age; but
a
certificate | 2085 |
with "limited" written,
printed,
marked, or stamped
thereon may
be | 2086 |
furnished by such
physician, physician assistant, clinical
nurse | 2087 |
specialist, or
certified nurse practitioner and accepted by
the | 2088 |
superintendent
or
chief administrative officer in issuing a | 2089 |
"limited" age and
schooling certificate provided in section | 2090 |
3331.06 of the Revised
Code, showing that the child is physically | 2091 |
fit to be employed in
some particular occupation not prohibited
by | 2092 |
law for a boy or girl
of such child's age, as the case may be, | 2093 |
even if the child's
complete physical ability to engage in such | 2094 |
occupation cannot be
vouched for. | 2095 |
(B)(1) Except as provided in division (B)(2) of this
section, | 2096 |
a physical fitness certificate described in division
(A)(4) of | 2097 |
this section is valid for purposes of that division
while the | 2098 |
child remains employed in job duties of a similar nature
as the | 2099 |
job duties for which the child last was issued an age and | 2100 |
schooling certificate. The superintendent or chief administrative | 2101 |
officer who issues an age and schooling certificate shall | 2102 |
determine whether job duties are similar for purposes of this | 2103 |
division. | 2104 |
Sec. 3719.06. (A)(1) A licensed health professional | 2115 |
authorized to
prescribe drugs, if acting in the course of | 2116 |
professional practice, in accordance with the laws regulating the | 2117 |
professional's practice, and in accordance with rules adopted by | 2118 |
the state
board of pharmacy, may, except as provided in division | 2119 |
(A)(2) or (3) of this section, do the following: | 2120 |
(B) No licensed health professional
authorized to prescribe | 2146 |
drugs shall prescribe,
administer, or personally furnish a | 2147 |
schedule III anabolic
steroid for the purpose of
human muscle | 2148 |
building or enhancing human athletic performance
and no pharmacist | 2149 |
shall dispense a schedule III anabolic steroid
for either purpose, | 2150 |
unless it has been approved for that purpose
under the "Federal | 2151 |
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. | 2152 |
301, as amended. | 2153 |
(C) Each written prescription shall be properly
executed, | 2154 |
dated, and signed by the prescriber on the
day when issued and | 2155 |
shall bear the full name and address of the person for
whom, or | 2156 |
the owner of the animal for which, the
controlled
substance is | 2157 |
prescribed and the full name,
address, and registry number under | 2158 |
the federal drug abuse control
laws of the prescriber. If the | 2159 |
prescription is for an animal, it
shall state the species
of the | 2160 |
animal for which the controlled substance is prescribed. | 2161 |
(4) If the sample drug is of a type which deteriorates with | 2177 |
time,
the sample container is plainly marked with the date beyond | 2178 |
which
the sample drug is unsafe to use, and the date has not | 2179 |
expired
on the sample furnished. Compliance with the labeling | 2180 |
requirements of the "Federal Food, Drug, and
Cosmetic Act," 52 | 2181 |
Stat. 1040
(1938), 21 U.S.C.A. 301, as amended, shall be deemed | 2182 |
compliance
with this
section. | 2183 |
(1) The nurse shall personally furnish only antibiotics, | 2246 |
antifungals, scabicides, contraceptives, and prenatal vitamins, | 2247 |
antihypertensives, drugs and devices used in the treatment of | 2248 |
diabetes, drugs and devices used in the treatment of asthma, and | 2249 |
drugs used in the treatment of dyslipidemia. | 2250 |
Sec. 4723.50. (A) In accordance with Chapter 119. of
the | 2261 |
Revised Code, the board of nursing shall adopt
rules as necessary | 2262 |
to implement the provisions of this chapter pertaining to
the | 2263 |
authority of clinical nurse
specialists, certified nurse-midwives, | 2264 |
and certified nurse practitioners
to prescribe drugs and | 2265 |
therapeutic devices and the issuance and renewal of
certificates | 2266 |
to prescribe. Initial rules
shall be adopted not later than twenty | 2267 |
months after the effective date of
this section. | 2268 |
The board shall adopt rules that are consistent with
the | 2269 |
recommendations the board receives from the committee on | 2270 |
prescriptive
governance pursuant to section 4723.492 of the | 2271 |
Revised Code. After reviewing
a recommendation submitted by the | 2272 |
committee, the board may either adopt the
recommendation as a rule | 2273 |
or ask the committee to reconsider and resubmit the | 2274 |
recommendation. The board shall not adopt any rule that does not | 2275 |
conform to a
recommendation made by the committee. | 2276 |
(2) Establish safety standards to be followed by a nurse when | 2286 |
personally
furnishing to patients complete or partial supplies of | 2287 |
antibiotics,
antifungals, scabicides, contraceptives, and prenatal | 2288 |
vitamins, antihypertensives, drugs and devices used in the | 2289 |
treatment of diabetes, drugs and devices used in the treatment of | 2290 |
asthma, and drugs used in the treatment of dyslipidemia. | 2291 |
(B) "Practice of pharmacy" means providing pharmacist care | 2334 |
requiring specialized knowledge, judgment, and skill derived from | 2335 |
the principles of biological, chemical, behavioral, social, | 2336 |
pharmaceutical, and clinical sciences. As used in this division, | 2337 |
"pharmacist care" includes the following: | 2338 |
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 | 2412 |
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is | 2413 |
required to bear a label containing the legend "Caution: Federal | 2414 |
law prohibits dispensing without prescription" or "Caution: | 2415 |
Federal law restricts this drug to use by or on the order of a | 2416 |
licensed veterinarian" or any similar restrictive statement, or | 2417 |
the drug may be dispensed only upon a prescription; | 2418 |
(5) The price charged for a specific quantity of the drug | 2481 |
product. The stated price shall include all charges to the | 2482 |
consumer, including, but not limited to, the cost of the drug | 2483 |
product, professional fees, handling fees, if any, and a statement | 2484 |
identifying professional services routinely furnished by the | 2485 |
pharmacy. Any mailing fees and delivery fees may be stated | 2486 |
separately without repetition. The information shall not be false | 2487 |
or misleading. | 2488 |
(Q) "Terminal distributor of dangerous drugs" means a person | 2496 |
who is engaged in the sale of dangerous drugs at retail, or any | 2497 |
person, other than a wholesale distributor or a pharmacist, who | 2498 |
has possession, custody, or control of dangerous drugs for any | 2499 |
purpose other than for that person's own use and consumption, and | 2500 |
includes pharmacies, hospitals, nursing homes, and laboratories | 2501 |
and all other persons who procure dangerous drugs for sale or | 2502 |
other distribution by or under the supervision of a pharmacist or | 2503 |
licensed health professional authorized to prescribe drugs. | 2504 |
(h) An individual who holds a current license,
certificate, | 2555 |
or
registration issued under Title 47 of the Revised Code and has | 2556 |
been certified
to conduct diabetes education by a national | 2557 |
certifying body specified in rules
adopted by the state board of | 2558 |
pharmacy under section 4729.68 of the
Revised Code, but only with | 2559 |
respect to
insulin that will be used
for the purpose of
diabetes | 2560 |
education and only if diabetes education is within the | 2561 |
individual's scope of practice under statutes and rules
regulating | 2562 |
the individual's profession; | 2563 |
(4) Divisions (C)(1), (2), and (3) of this section do not | 2594 |
apply
to a registered wholesale distributor of dangerous drugs, a | 2595 |
licensed terminal distributor of dangerous drugs, or a person who | 2596 |
possesses, or
possesses for sale
or sells, at retail, a dangerous | 2597 |
drug in accordance with
Chapters 3719., 4715., 4723., 4725., | 2598 |
4729., 4730., 4731., and 4741. of the
Revised Code. | 2599 |
Divisions (C)(1), (2), and (3) of
this section do not apply | 2600 |
to an individual who holds a current
license, certificate, or | 2601 |
registration issued under
Title XLVII of the Revised
Code and has | 2602 |
been certified to
conduct diabetes education by a national | 2603 |
certifying body
specified in rules adopted by the state board of | 2604 |
pharmacy under
section 4729.68 of the Revised
Code, but only to | 2605 |
the extent
that the individual possesses insulin or personally | 2606 |
supplies
insulin solely for the purpose of diabetes education and | 2607 |
only if
diabetes education is within the individual's scope of | 2608 |
practice
under statutes and rules regulating the individual's | 2609 |
profession. | 2610 |
Divisions (C)(1), (2), and (3) of this section do not apply | 2611 |
to an individual who holds a valid certificate issued by a | 2612 |
nationally recognized S.C.U.B.A. diving certifying organization | 2613 |
approved by the pharmacy board in rule, but only to the extent | 2614 |
that the individual possesses medical oxygen or personally | 2615 |
supplies medical oxygen for the purpose of emergency care or | 2616 |
treatment at the scene of a diving emergency. | 2617 |
(E) No licensed terminal distributor of dangerous drugs
shall | 2634 |
engage in the sale or other distribution of dangerous drugs
at | 2635 |
retail or maintain possession, custody, or control of
dangerous | 2636 |
drugs for any purpose other than the distributor's
personal use or | 2637 |
consumption, at any establishment or place other than that or | 2638 |
those described in the license issued by the board of pharmacy to | 2639 |
such terminal distributor. | 2640 |
(D) Be construed as authorizing a
physician assistant | 2727 |
independently to
order or direct the execution of procedures or | 2728 |
techniques by a
registered nurse or licensed practical nurse in | 2729 |
the care and
treatment of a person in any setting, except to the | 2730 |
extent that the physician assistant is authorized to do so by the | 2731 |
physician supervisory plan approved under section 4730.17 of the | 2732 |
Revised Code for the physician who is responsible for supervising | 2733 |
the physician assistant or the policies of the health care | 2734 |
facility in which the physician assistant is practicing; | 2735 |
(F) Authorize a physician assistant to engage in
the practice | 2741 |
of optometry, except to the extent that the
physician assistant is | 2742 |
authorized by a supervising physician
through a physician | 2743 |
assistant utilization plan approved by the
state medical board | 2744 |
under section 4730.18 of the
Revised Codeacting in accordance | 2745 |
with this chapter to perform routine visual
screening, provide | 2746 |
medical care prior to or following eye
surgery, or assist in the | 2747 |
care of diseases of the eye; | 2748 |
Sec. 4730.05. (A) There is hereby created the
physician | 2753 |
assistant policy committee
of the state medical board,
consisting. | 2754 |
The president of the board shall appoint the members of the | 2755 |
committee. The committee shall consist of the seven members to be | 2756 |
appointed by the president of the
board. Threespecified in | 2757 |
divisions (A)(1) to (3) of this section. When the committee is | 2758 |
developing or revising policy and procedures for | 2759 |
physician-delegated prescriptive authority for physician | 2760 |
assistants, the committee shall include the two additional members | 2761 |
specified in division (A)(4) of this section. | 2762 |
(1) Three members of the
committee shall be physicians. Of | 2763 |
the physician members, one
shall be a member of the state medical | 2764 |
board, one shall be
appointed from a list of
five physicians | 2765 |
recommended by the Ohio state medical
association, and one shall | 2766 |
be appointed from a list of five
physicians
recommended by the | 2767 |
Ohio osteopathic association. At all times, the
physician | 2768 |
membership of the committee shall include at least one physician | 2769 |
who
is a supervising physician of a
physician assistant, | 2770 |
preferably with at least two
years' experience as a supervising | 2771 |
physician. Three | 2772 |
(4) The two additional members, appointed to serve only when | 2779 |
the committee is developing or revising policy and procedures for | 2780 |
physician-delegated prescriptive authority for physician | 2781 |
assistants, shall be pharmacists. Of these members, one shall be | 2782 |
appointed from a list of five clinical pharmacists recommended by | 2783 |
the Ohio pharmacists association and one shall be appointed from | 2784 |
the pharmacist members of the state board of pharmacy, preferably | 2785 |
from among the members who are clinical pharmacists. | 2786 |
(B) Terms of office shall be for two years, with each term | 2792 |
ending on
the same day of the same month as did the term
that it | 2793 |
succeeds. Each member shall hold office from the date of
being | 2794 |
appointed until the end of the term for which the member was | 2795 |
appointed.
Members may
be reappointed, except that a member may | 2796 |
not be appointed to serve more than
three consecutive terms. As | 2797 |
vacancies occur,
a successor shall be appointed who has the | 2798 |
qualifications the
vacancy requires. A member appointed to fill a | 2799 |
vacancy
occurring prior to the expiration of the term for which a | 2800 |
predecessor was appointed shall hold office as a member for the | 2801 |
remainder of
that term. A member shall continue in office | 2802 |
subsequent to the
expiration date of the member's term until a | 2803 |
successor
takes office or
until a period of sixty days has | 2804 |
elapsed, whichever occurs first. | 2805 |
(C) The board shall take into consideration all | 2865 |
recommendations
submitted by the committee. Not later than ninety | 2866 |
days after receiving a
recommendation from the committee, the | 2867 |
board shall approve or disapprove the
recommendation and notify | 2868 |
the committee of its decision. If a recommendation
is disapproved, | 2869 |
the board shall inform the committee of its reasons for making | 2870 |
that decision. The committee may resubmit the recommendation after | 2871 |
addressing
the concerns expressed by the board and
modifying the | 2872 |
disapproved recommendation accordingly. Not later than ninety days | 2873 |
after receiving a
resubmitted recommendation, the board shall | 2874 |
approve or disapprove the
recommendation. There is no limit on the | 2875 |
number of times the committee may
resubmit a recommendation for | 2876 |
consideration by the board.
It is
not necessary for the committee | 2877 |
to make a recommendation
before | 2878 |
Sec. 4730.07. In addition to rules that are specifically | 2890 |
required or authorized by this chapter to be
adopted, the state | 2891 |
medical board may, subject to division (D) of section 4730.06 of | 2892 |
the Revised Code, adopt any other rules necessary to govern
the | 2893 |
practice of physician assistants, the supervisory relationship | 2894 |
between
physician assistants and supervising physicians, and
the | 2895 |
administration and enforcement of this chapter. Rules adopted | 2896 |
under this section shall be adopted in accordance with Chapter | 2897 |
119.
of the Revised Code. | 2898 |
Sec. 4730.081. For purposes of the Revised Code and any rules | 2930 |
adopted under it, a certificate to practice as a physician | 2931 |
assistant issued under this chapter constitutes the state's | 2932 |
licensure of the certificate holder to practice as a physician | 2933 |
assistant. The certificate holder may present the certificate as | 2934 |
evidence of the state's licensure of the holder to any health care | 2935 |
insurer, accrediting body, or other entity that requires evidence | 2936 |
of licensure by a government entity to be recognized or authorized | 2937 |
to practice as a physician assistant. | 2938 |
(B) A physician assistant may administer, monitor, or | 3025 |
maintain local anesthesia as a component of a procedure the | 3026 |
physician assistant is performing or as a separate service when | 3027 |
the procedure requiring local anesthesia is to be performed by the | 3028 |
physician assistant's supervising physician or another person. A | 3029 |
physician assistant shall not administer, monitor, or maintain any | 3030 |
other form of anesthesia, including regional anesthesia or any | 3031 |
systemic sedation, regardless of whether the physician assistant | 3032 |
is practicing under a physician supervisory plan or the policies | 3033 |
of a health care facility. | 3034 |
A certificate of registration shall not be issued to
an | 3064 |
applicant unless the applicant is certified by
the national | 3065 |
commission on
certification of physician assistants or a successor | 3066 |
organization that is
recognized by the board, except that the | 3067 |
board
may issue a temporary certificate of registration to an | 3068 |
applicant who has not yet taken the examination of the commission | 3069 |
or its successor organization but is eligible for
and has made | 3070 |
application to take the examination. A temporary
certificate shall | 3071 |
be valid only until the results of the next
examinations are | 3072 |
available to the board. | 3073 |
(b) The applicant shall hold a degree other than a master's | 3095 |
or higher degree that was obtained from a program accredited by | 3096 |
the accreditation review commission on education for the physician | 3097 |
assistant or a predecessor or successor organization recognized by | 3098 |
the board and shall hold a master's or higher degree in a course | 3099 |
of study with clinical relevance to the practice of physician | 3100 |
assistants that was obtained from a program accredited by a | 3101 |
regional or specialized and professional accrediting agency | 3102 |
recognized by the council for higher education accreditation. | 3103 |
Sec. 4730.11. Sec. 4730.12. If the(A) The state
medical board | 3122 |
shall review all applications received under section 4730.10 of | 3123 |
the Revised Code for certificates to practice as a physician | 3124 |
assistant. Not later than sixty days after receiving a complete | 3125 |
application, the board shall determine whether an applicant meets | 3126 |
the requirements to receive a certificate to practice, as | 3127 |
specified in section 4730.11 of the Revised Code. An affirmative | 3128 |
vote of not fewer than six members of the board is required to | 3129 |
determine that an applicant meets the requirements to receive a | 3130 |
certificate to practice as a physician assistant. | 3131 |
(B) If the board determines under section 4730.10 of the | 3132 |
Revised Code
that an applicant meets
the requirements for ato | 3133 |
receive the certificate of registration as a physician
assistant, | 3134 |
the secretary of the
board shall register the applicant as a | 3135 |
physician assistant
and issue to the applicant a certificate of | 3136 |
registrationto practice
as a
physician assistant. The certificate | 3137 |
shall expire biennially and may
be renewed in accordance with | 3138 |
section 4730.12 of the Revised Code. | 3139 |
Sec. 4730.13. Upon application by the holder of a | 3145 |
certificate to practice as a physician assistant, the state | 3146 |
medical board
shall issue a duplicate certificate to replace one | 3147 |
that is missing or damaged,
to reflect a name change, or for any | 3148 |
other reasonable cause. The fee for a
duplicate certificate shall | 3149 |
be thirty-five dollars. All fees collected under this section | 3150 |
shall be deposited in accordance with section 4731.24 of the | 3151 |
Revised Code. | 3152 |
Sec. 4730.12. Sec. 4730.14. (A) A certificate to practice as a | 3153 |
physician assistant shall expire biennially and may be renewed in | 3154 |
accordance with this section. A person seeking to renew a | 3155 |
certificate of registrationto practice as
a physician assistant | 3156 |
shall, on or before the thirty-first day of January
of each | 3157 |
even-numbered year, apply for renewal of the certificate.
The | 3158 |
state medical board shall send
renewal notices at least one month | 3159 |
prior to the
expiration date. | 3160 |
The applicant shall report any criminal offense that | 3166 |
constitutes grounds
for refusing to issue a certificate of | 3167 |
registrationto practice under
section 4730.25 of the Revised Code | 3168 |
to which the applicant has pleaded
guilty, of
which the applicant | 3169 |
has been found guilty, or for which the applicant
has been found | 3170 |
eligible for
treatmentintervention in lieu of conviction, since | 3171 |
last
signing an application for a
certificate of registrationto | 3172 |
practice as a
physician assistant. | 3173 |
(C) The board shall adopt
rules in accordance with Chapter | 3188 |
119. of the Revised Code specifying the types of
continuing | 3189 |
medical education that must be
completed to fulfill the board's | 3190 |
requirements under division (B)(2) of this section. TheExcept | 3191 |
when additional continuing medical education is required to renew | 3192 |
a certificate to prescribe, as specified in section 4730.49 of the | 3193 |
Revised Code, the board shall not adopt
rules
that require a | 3194 |
physician assistant to complete in any registrationcertification | 3195 |
period more
than one hundred hours of continuing medical education | 3196 |
acceptable to the
board. In fulfilling the board's requirements, a | 3197 |
physician assistant may use
continuing medical education courses | 3198 |
or programs completed to maintain
certification by the national | 3199 |
commission on certification of physician
assistants or a successor | 3200 |
organization that is recognized by the board
if the standards for | 3201 |
acceptable courses and programs of
the commission or its successor | 3202 |
are at least equivalent to the standards
established by the board. | 3203 |
(D)(F) The board shall provide for pro rata
reductions by | 3215 |
month of the number of hours of continuing
education that must be | 3216 |
completed for individuals who are in their
first registration | 3217 |
certification period, who have been disabled due to illness
or | 3218 |
accident, or who have been absent from the country. The board | 3219 |
shall adopt rules,
in accordance with Chapter 119. of the
Revised | 3220 |
Code, as necessary to implement this division. | 3221 |
(2) If a certificate has been suspended pursuant to division | 3228 |
(G)(1) of this section for two years or less, it may be | 3229 |
reinstated. The
board shall reinstate a
certificate suspended for | 3230 |
failure to renew upon an applicant's
submission of the
biennial | 3231 |
renewal
fee, theany applicable monetary penalty, and | 3232 |
certification by signature of the applicant that the applicant has | 3233 |
completed the number
of hours of continuing education necessary to | 3234 |
have a certificate
reinstated have been completed, as
specified in | 3235 |
rules the board shall adopt in accordance with Chapter
119. of the | 3236 |
Revised Code. The | 3237 |
(F)(H) If an individual certifies that the individual
has | 3250 |
completed the number of hours and type of continuing medical | 3251 |
education required for renewal or reinstatement of a certificate | 3252 |
of registrationto practice as a physician assistant, and the | 3253 |
board finds
through a random sample conducted under division | 3254 |
(C)(E) of
this section or through any other means that the | 3255 |
individual did
not complete the requisite continuing medical | 3256 |
education, the
board may impose a civil penalty of not more than | 3257 |
five thousand
dollars. The board's finding shall be made pursuant | 3258 |
to an
adjudication under Chapter 119. of the Revised
Code and by | 3259 |
an affirmative vote of not fewer than six
members. | 3260 |
Sec. 4730.18. Sec. 4730.15. (A) A physician seeking to
supervise | 3266 |
one or more physician assistants through a physician supervisory | 3267 |
plan shall submit to the
state medical board an application for | 3268 |
approval of a physician
assistant utilizationsupervisory plan. | 3269 |
The physician shall provide all information
determined by the | 3270 |
board to be necessary to process the application. The physician | 3271 |
may include
in the application the names, business
addresses, and | 3272 |
business telephone numbers of at least two
physicians who have | 3273 |
agreed to act as alternate supervising physicians
during periods | 3274 |
in which the physician will be unable to provide supervision
in | 3275 |
accordance with section 4730.21 of the Revised
Code. | 3276 |
Application for approval of a physician assistant
utilization | 3277 |
supervisory plan shall be made on a form prescribed and furnished | 3278 |
by the board. Each application shall include a copy of the | 3279 |
proposed
plan. The proposed plan may be based on any model | 3280 |
physician supervisory plan approved under section 4730.06 of the | 3281 |
Revised Code. If the plan includes a special services portion, | 3282 |
that portion may be based on any model special services portion | 3283 |
approved under section 4730.06 of the Revised Code. | 3284 |
The board shall develop a form that may be used when
two or | 3285 |
more physicians wish to apply at the same time for
approval of the | 3286 |
same type of physician assistant utilizationsupervisory
plan. | 3287 |
When making simultaneous applications with these formsthis form, | 3288 |
the physicians are required to include only one
copy of the | 3289 |
proposed plan with all of their applications.
Subsequent to the | 3290 |
filing of simultaneous applications, a
physician who seeks to join | 3291 |
the physicians who filed
simultaneous applications may apply for | 3292 |
approval of the same
type of physician assistant utilization | 3293 |
supervisory plan by using the formsform
developed by the board | 3294 |
for simultaneous applications. The
physician shall identify the | 3295 |
plan for which approval is sought.
Identification of the plan | 3296 |
fulfills the requirement for filing a
copy of the plan. | 3297 |
Each application for approval filed separately shall be | 3298 |
accompanied by a fee of seventy-five dollars. Applications
filed | 3299 |
simultaneously shall be accompanied by a fee of
seventy-five | 3300 |
dollars per physician, up to a maximum of seven
hundred fifty | 3301 |
dollars. An application from a physician who
seeks to join | 3302 |
physicians who filed simultaneous
applications shall include a fee | 3303 |
of seventy-five dollars, unless
the fees paid by the physicians in | 3304 |
the group have reached the
maximum of seven hundred fifty dollars. | 3305 |
Fees shall
be deposited in accordance with section 4731.24 of the | 3306 |
Revised Code. | 3307 |
(2) If an application is for approval of a supplemental | 3320 |
utilization plan, the board shall submit the application to the | 3321 |
physician assistant policy committee. The committee shall review | 3322 |
the application and form a recommendation as to whether the board | 3323 |
should approve or disapprove the plan. The committee shall
submit | 3324 |
its recommendation to the board not later than sixty days
after | 3325 |
receiving the application. Not later than sixty days after | 3326 |
receiving the committee's recommendation, the board shall review | 3327 |
the application, approve or disapprove the supplemental | 3328 |
utilization plan, and notify the applicant of its decision. | 3329 |
The committee shall review the special services portion of | 3392 |
the physician supervisory plan and form a recommendation as to | 3393 |
whether the board should approve or disapprove inclusion of all or | 3394 |
some of the special services in the plan. The committee, on a | 3395 |
case-by-case basis, may request documentation from the applicant | 3396 |
certifying that additional education and training will have been | 3397 |
provided to or obtained by each physician assistant who is given | 3398 |
authority to perform the special services to ensure that the | 3399 |
physician assistant is qualified to perform the services. The | 3400 |
committee shall submit its recommendation for approval or | 3401 |
disapproval to the board not later than sixty days after receiving | 3402 |
the special services portion of the plan. | 3403 |
(B) After a physician supervisory plan has been approved, the | 3409 |
holder of the plan may apply for an addendum to the plan for | 3410 |
authorization to delegate to one or more physician assistants the | 3411 |
performance of a special service that was not included at the time | 3412 |
the plan was approved. An application for an addendum to an | 3413 |
approved physician supervisory plan shall be submitted in the same | 3414 |
manner that an application for approval of an original plan is | 3415 |
submitted under section 4730.15 of the Revised Code. The | 3416 |
application shall be processed in same manner that an application | 3417 |
for approval of an original physician supervisory plan is | 3418 |
processed under division (A) of this section. | 3419 |
Sec. 4730.19. (A) Prior to initiating supervision of one or | 3437 |
more physician
assistants under a standard
or supplemental | 3438 |
physician assistant utilization plan, a physician
must receive the | 3439 |
state medical board's approval of a supervision
agreement between | 3440 |
the physician and each physician assistant
who will be supervised. | 3441 |
A
physician seeking approval of a supervision agreement shall | 3442 |
submit an application to the board on a form the board shall | 3443 |
prescribe and furnish. The application shall list each physician | 3444 |
assistant
who will be supervised. Each application shall be | 3445 |
accompanied by
a fee of twenty-five dollars. Fees shall be | 3446 |
deposited in
accordance with section 4731.24 of the Revised
Code. | 3447 |
(B) The board shall review each application received. If the | 3474 |
board finds that the requirements specified in division (A) of | 3475 |
this section have been met and the applicant has paid the fee is | 3476 |
paidspecified in section 4730.18 of the Revised Code, the board | 3477 |
shall issue a letter toapprove the supervision agreement and | 3478 |
notify the
supervising physician acknowledging itsof the board's | 3479 |
approval of the
supervision agreement. If physician-delegated | 3480 |
prescriptive authority will be granted to more than one physician | 3481 |
assistant under the supervision agreement, the board shall specify | 3482 |
in the notice that its approval is specific to each physician | 3483 |
assistant. The board shall provide notice of its approval of a | 3484 |
supervision agreement not later than thirty days after the board | 3485 |
receives a complete application for approval. | 3486 |
To receive the board's approval of the addition to the | 3492 |
supervision agreement, the physician
assistant holdsshall hold a | 3493 |
current certificate of registrationto practice as a physician | 3494 |
assistant. If the physician intends to grant physician-delegated | 3495 |
prescriptive authority to the physician assistant, the physician | 3496 |
assistant shall hold a current certificate to prescribe. If these | 3497 |
requirements are met, the board
shall issue a letter tonotify the | 3498 |
physician acknowledgingof its approval
of the addition to the | 3499 |
supervision agreement. The board shall provide notice of its | 3500 |
approval not later than thirty days after the board receives a | 3501 |
complete application for approval. | 3502 |
(D) The board's approval of a supervision
agreement expires | 3505 |
on the thirty-first day of January of each
odd-numbered year. The | 3506 |
board may renew its approval of a supervision
agreement if the | 3507 |
supervising physician submits to the board a signed statement
on a | 3508 |
form prescribed and provided by the board specifying that the | 3509 |
physician
seeks to continue supervising one or more physician | 3510 |
assistants and the board determines
that each physician assistant | 3511 |
who will
be supervised holds a valid certificate of registration. | 3512 |
The statement shall
be accompanied by a fee of twenty-five | 3513 |
dollars. All fees shall be deposited
in accordance with section | 3514 |
4731.24 of the Revised Code. | 3515 |
Sec. 4730.20. (A) The state medical board's approval of a | 3516 |
supervision agreement expires on the thirty-first day of January | 3517 |
of each odd-numbered year and may be renewed. A supervising | 3518 |
physician seeking renewal of the board's approval of a supervision | 3519 |
agreement shall submit to the board an application for renewal on | 3520 |
forms prescribed and furnished by the board. The application shall | 3521 |
be accompanied by a renewal fee of twenty-five dollars. Renewal | 3522 |
fees shall be deposited in accordance with section 4731.24 of the | 3523 |
Revised Code. | 3524 |
(B) A physician may enter into
supervision agreements with | 3569 |
any number of physician assistants,
but the physician may not | 3570 |
supervise more than two physician
assistants at any one time. A | 3571 |
physician assistant may enter into
supervision agreements with any | 3572 |
number of supervising physicians,
but when practicing under the | 3573 |
supervision of a particular
physician, the physician assistant's | 3574 |
scope of practice is subject
to the limitations of the utilization | 3575 |
physician supervisory plan that has been approved
under section | 3576 |
4730.17 of the Revised Code for that physician or the policies of | 3577 |
the health care facility in which the physician and physician | 3578 |
assistant are practicing. | 3579 |
(C) A supervising physician may authorize a
physician | 3586 |
assistant to perform a service only if the service is included in | 3587 |
authorized under
the physician assistant utilizationsupervisory | 3588 |
plan approved for that physician andor the policies of the health | 3589 |
care facility in which the physician and physician assistant are | 3590 |
practicing. A supervising physician may authorize a physician | 3591 |
assistant to perform a service only if
the physician is
satisfied | 3592 |
that the physician assistant is capable of competently
performing | 3593 |
the service. A supervising physician shall not
authorize a | 3594 |
physician assistant to perform any service that is
beyond the | 3595 |
physician's or the physician assistant's expertise or normal | 3596 |
course of practice and expertise. | 3597 |
(D) A patient new to a physician's practice
may be seen by a | 3598 |
physician
assistant only when a supervising physician is on the | 3599 |
premises, except
in those situations specified in a standard or | 3600 |
supplemental utilization plan
under which the
presence of the | 3601 |
physician is not necessary. A patient new to a
physician's | 3602 |
practice or an established patient of a physician with a new | 3603 |
condition shall be seen and personally evaluated by a supervising | 3604 |
physician prior to initiation of any treatment plan proposed by a | 3605 |
physician assistant for the new patient or the established | 3606 |
patient's new
condition.(1) A supervising physician may authorize | 3607 |
a
physician assistant to practice in any setting within which the | 3608 |
supervising physician routinely practices.
When a | 3609 |
(2) In the case of a health care facility with an emergency | 3610 |
department, if the supervising
physician authorizes a physician | 3611 |
assistant to practiceroutinely practices in athe
facility's | 3612 |
emergency department, the supervising physician shall
provide | 3613 |
on-site supervision of the physician assistant when the physician | 3614 |
assistant practices in the emergency department. If the | 3615 |
supervising physician does not routinely practice in the | 3616 |
facility's emergency department, the supervising physician may, on | 3617 |
occasion, send the physician assistant to the facility's emergency | 3618 |
department to assess and manage a patient. In supervising the | 3619 |
physician assistant's assessment and management of the patient, | 3620 |
the supervising physician shall determine the appropriate level of | 3621 |
supervision in compliance with the requirements of divisions (A) | 3622 |
to (C) of this section, except that the supervising physician must | 3623 |
be available to go to the emergency department to personally | 3624 |
evaluate the patient and, at the request of an emergency | 3625 |
department physician, the supervising physician shall go to the | 3626 |
emergency department to personally evaluate the patient. | 3627 |
(E) Each time a physician assistant writes a
medical order, | 3628 |
including prescriptions written in the exercise of | 3629 |
physician-delegated prescriptive authority, the physician | 3630 |
assistant shall sign the form on
which the order is written and | 3631 |
record on the form the time and
date that the order is written. | 3632 |
When writing a medical order,
the physician assistant shall use | 3633 |
forms that clearly identify
the physician under whose supervision | 3634 |
the physician
assistant is authorized to write the order. The | 3635 |
supervising physician named
on the order shall
review each | 3636 |
medical order written by the physician assistant not
later than | 3637 |
twenty-four hours after the order is written, unless
the | 3638 |
supervising physician's utilization plan specifically
authorizes a | 3639 |
longer period of time for review. After reviewing
an order, the | 3640 |
supervising physician shall countersign the order
if the | 3641 |
supervising physician determines that the order is appropriate. | 3642 |
Countersignature
by the supervising physician is necessary before | 3643 |
any | 3644 |
(B) When anya health care facility permits physician | 3685 |
assistants
to practice within that facility or any other health | 3686 |
care facility under its
control, the health care facility shall | 3687 |
make
reasonable efforts to explain to each individual who may work | 3688 |
with a particular physician assistant the scope of that
physician | 3689 |
assistant's practice as determined by each supervising
physician's | 3690 |
physician assistant utilization plan and any
policies maintained | 3691 |
by the facility regarding the practice of
physician assistants | 3692 |
within the facility.
The appropriate
credentialing body within the | 3693 |
health care facility shall provide, on request
of
an individual | 3694 |
practicing in the facility with a physician
assistant, a copy of | 3695 |
the facility's policies on the practice of physician assistants | 3696 |
within the facility and a copy of each physician assistant | 3697 |
utilizationsupervisory plan and supervision agreement
applicable | 3698 |
to the physician assistant. | 3699 |
An individual who follows the orders of a physician
assistant | 3700 |
practicing in a health care facility is not subject to | 3701 |
disciplinary action by any administrative agency that governs that | 3702 |
individual's conduct and is not liable in damages in a
civil | 3703 |
action for injury, death, or loss to person or property
resulting | 3704 |
from the individual's acts or omissions in the
performance of any | 3705 |
procedure, treatment, or other health care
service if the | 3706 |
individual reasonably believed that the physician
assistant was | 3707 |
acting within the proper scope of practice or was
relaying medical | 3708 |
orders from a supervising physician, unless
the act or omission | 3709 |
constitutes willful or wanton misconduct. | 3710 |
(B) The board, by an affirmative
vote of not fewer than six | 3717 |
members, shall, to the extent
permitted by law, limit, revoke, or | 3718 |
suspend an individual's
certificate of registrationto practice as | 3719 |
a physician
assistant or certificate to prescribe, refuse to
issue | 3720 |
a certificate to an applicant, refuse
to reinstate a
certificate, | 3721 |
or reprimand or place on probation the
holder
of a certificate
for | 3722 |
any of the following reasons: | 3723 |
(1) Failure to practice in accordance
with the conditions | 3724 |
under which the supervising physician's supervision
agreement with | 3725 |
the physician assistant was approved, including the requirement | 3726 |
that when practicing under a particular supervising physician,
the | 3727 |
physician assistant must practice only according to the standard | 3728 |
or
supplemental utilizationphysician supervisory plan the board | 3729 |
approved for that
physician or the policies of the health care | 3730 |
facility in which the supervising physician and physician | 3731 |
assistant are practicing; | 3732 |
(8) Making a false, fraudulent,
deceptive, or misleading | 3751 |
statement in soliciting or advertising
for employment as a | 3752 |
physician assistant; in connection with any solicitation or | 3753 |
advertisement for patients,; in relation
to the
practice of | 3754 |
medicine as it pertains to physician
assistants,; or
in securing | 3755 |
or attempting to secure a certificate
of
registration to practice | 3756 |
as a physician assistant, a certificate to prescribe, or approval | 3757 |
of
a supervision agreement. | 3758 |
As used in this division,
"false, fraudulent, deceptive, or | 3759 |
misleading statement" means a
statement that includes a | 3760 |
misrepresentation of fact, is likely to
mislead or deceive because | 3761 |
of a failure to disclose material
facts, is intended or is likely | 3762 |
to create false or unjustified
expectations of favorable results, | 3763 |
or includes representations or
implications that in reasonable | 3764 |
probability will cause an
ordinarily prudent person to | 3765 |
misunderstand or be deceived. | 3766 |
(18) Any of the following actions taken by the
state agency | 3798 |
responsible for regulating the practice of physician assistants
in | 3799 |
another state, for any reason other than the
nonpayment of fees: | 3800 |
the limitation, revocation, or suspension of
an individual's | 3801 |
license to practice; acceptance of an
individual's license | 3802 |
surrender; denial of a license; refusal to
renew or reinstate a | 3803 |
license; imposition of probation; or issuance of an order
of | 3804 |
censure or other reprimand; | 3805 |
(23)(22) Failure to cooperate in an investigation conducted | 3819 |
by
the board under section 4730.26 of the Revised
Code, including | 3820 |
failure to comply with a subpoena or
order issued by the board or | 3821 |
failure to answer truthfully a
question presented by the board at | 3822 |
a deposition or in written
interrogatories, except that failure to | 3823 |
cooperate with an
investigation shall not constitute grounds for | 3824 |
discipline under
this section if a court of competent jurisdiction | 3825 |
has issued an
order that either quashes a subpoena or permits the | 3826 |
individual
to withhold the testimony or evidence in issue; | 3827 |
(C) Disciplinary actions taken by the board under divisions | 3832 |
(A)
and (B)
of this section shall be taken pursuant to an | 3833 |
adjudication under
Chapter 119. of the Revised Code, except that | 3834 |
in lieu of an adjudication,
the board may enter into a consent | 3835 |
agreement
with a physician assistant or applicant to resolve an | 3836 |
allegation of a violation of this chapter or any rule adopted | 3837 |
under it. A consent agreement, when ratified by an
affirmative | 3838 |
vote of not fewer than six members of the board,
shall constitute | 3839 |
the findings and order of the board with
respect to the matter | 3840 |
addressed in the agreement. If the board
refuses to ratify a | 3841 |
consent agreement, the admissions and
findings contained in the | 3842 |
consent agreement shall be of no force
or effect. | 3843 |
(D) For purposes of divisions (B)(12), (15), and (16) of
this | 3844 |
section, the commission of the act may be established by a
finding | 3845 |
by the board, pursuant to an
adjudication under Chapter
119. of | 3846 |
the Revised Code, that the applicant
or certificate holder | 3847 |
committed the act in question. The board shall have no | 3848 |
jurisdiction under these divisions in cases where the trial court | 3849 |
renders a final judgment in the certificate holder's favor and | 3850 |
that judgment is based upon an adjudication on the merits. The | 3851 |
board shall have jurisdiction under these divisions in cases
where | 3852 |
the trial court issues an order of dismissal upon technical
or | 3853 |
procedural grounds. | 3854 |
(E) The sealing of conviction records by any court shall
have | 3855 |
no effect
upon a prior board order entered under the
provisions of | 3856 |
this
section or upon the board's jurisdiction to
take action under | 3857 |
the
provisions of this section if, based upon a
plea of
guilty,
a | 3858 |
judicial finding of guilt, or a judicial finding
of eligibility | 3859 |
for treatmentintervention in
lieu of conviction, the board
issued | 3860 |
a notice of opportunity for
a hearing prior to the court's
order | 3861 |
to seal the records. The board
shall not be required to
seal, | 3862 |
destroy, redact, or
otherwise modify its records to reflect
the | 3863 |
court's sealing of
conviction records. | 3864 |
(F) For purposes of this division, any
individual who holds
a | 3865 |
certificate of registration issued under
this chapter, or
applies | 3866 |
for a certificate of registrationissued under this chapter, shall | 3867 |
be deemed to have
given consent to submit to a mental or
physical | 3868 |
examination when
directed to do so in writing by the
board and to | 3869 |
have waived all
objections to the admissibility of
testimony or | 3870 |
examination
reports that constitute a privileged
communication. | 3871 |
(1) In enforcing division (B)(4) of this
section, the board, | 3872 |
upon a showing of a possible violation, may
compel any individual | 3873 |
who holds a certificate of registration
issued under this chapter | 3874 |
or who has applied for a certificate of
registration pursuant to | 3875 |
this chapter to submit to a mental
examination, physical | 3876 |
examination, including an
HIV test, or both a mental and physical | 3877 |
examination. The expense of
the examination is the responsibility | 3878 |
of
the individual compelled to be examined. Failure to submit to
a | 3879 |
mental or
physical examination or consent to an HIV
test ordered | 3880 |
by the board constitutes an admission of
the allegations against | 3881 |
the individual unless the failure is due to
circumstances beyond | 3882 |
the individual's control, and a default and final order
may be | 3883 |
entered without the taking of testimony or presentation of | 3884 |
evidence. If the board finds a physician assistant unable to | 3885 |
practice because of the reasons set forth in division
(B)(4) of | 3886 |
this section, the
board shall require the physician assistant to | 3887 |
submit to care,
counseling, or treatment by physicians approved or | 3888 |
designated by
the board, as a condition for an initial, continued, | 3889 |
reinstated,
or renewed certificate of registration. An individual | 3890 |
affected
under this division shall be afforded an opportunity to | 3891 |
demonstrate to the board the ability to resume practicing in | 3892 |
compliance with
acceptable and prevailing standards of care. | 3893 |
(2) For purposes of division (B)(5) of this
section, if the | 3894 |
board has reason to believe that any individual
who holds a | 3895 |
certificate of registration issued under this chapter
or any | 3896 |
applicant for a certificate of registration suffers such | 3897 |
impairment, the board may compel the individual to submit to a | 3898 |
mental or physical examination, or both. The expense of the | 3899 |
examination is the
responsibility of the
individual compelled to | 3900 |
be examined. Any mental or
physical
examination required under | 3901 |
this division shall be undertaken by a
treatment provider or | 3902 |
physician qualified to conduct such
examination and chosen by the | 3903 |
board. | 3904 |
Failure to submit to a mental or
physical examination ordered | 3905 |
by
the board constitutes an
admission of the allegations against | 3906 |
the individual unless the failure is
due to circumstances beyond | 3907 |
the individual's control, and a
default and final order may be | 3908 |
entered without the taking of
testimony or presentation of | 3909 |
evidence. If the board determines
that the individual's ability
to | 3910 |
practice is impaired, the board
shall suspend the individual's | 3911 |
certificate or deny the individual's
application and shall
require | 3912 |
the individual, as a condition for initial, continued,
reinstated, | 3913 |
or renewed licensurecertification to practice or prescribe, to | 3914 |
submit to
treatment. | 3915 |
When the impaired physician assistant resumes practice or | 3935 |
prescribing,
the
board shall require continued monitoring of the | 3936 |
physician
assistant. The monitoring shall include
compliance with | 3937 |
the
written
consent agreement entered into before reinstatement or | 3938 |
with
conditions imposed by board order after a hearing, and, upon | 3939 |
termination of the consent agreement, submission to the board for | 3940 |
at least two years of annual written progress reports made under | 3941 |
penalty of falsification stating whether the physician assistant | 3942 |
has maintained sobriety. | 3943 |
(G) If the secretary and supervising member
determine that | 3944 |
there is clear and convincing evidence that a
physician assistant | 3945 |
has violated division (B) of this
section and that the | 3946 |
individual's continued practice or prescribing
presents a danger | 3947 |
of immediate and
serious harm to the public,
they may recommend | 3948 |
that the board
suspend the individual's certificate to
practice or | 3949 |
prescribe without
a prior
hearing. Written allegations shall be | 3950 |
prepared for
consideration
by the board. | 3951 |
The board shall issue a written order of suspension by | 3958 |
certified mail or in person in accordance with section 119.07 of | 3959 |
the Revised Code. The order shall not be
subject to suspension by | 3960 |
the court during pendency of any appeal
filed under section 119.12 | 3961 |
of the Revised
Code. If the physician assistant requests an | 3962 |
adjudicatory
hearing by the board, the date set for the hearing | 3963 |
shall be
within fifteen days, but not earlier than seven days, | 3964 |
after the
physician assistant requests the hearing, unless | 3965 |
otherwise
agreed to by both the board and the certificate holder. | 3966 |
A summary suspension imposed under this division shall
remain | 3967 |
in effect, unless reversed on appeal, until a final
adjudicative | 3968 |
order issued by the board pursuant to this section
and Chapter | 3969 |
119. of the Revised Code
becomes effective. The board shall
issue | 3970 |
its final adjudicative
order within sixty days after
completion of | 3971 |
its hearing. Failure to issue the
order within
sixty days shall | 3972 |
result in
dissolution of the summary suspension
order, but shall | 3973 |
not
invalidate any subsequent, final adjudicative
order. | 3974 |
(H) If the board takes
action under
division (B)(11), (13), | 3975 |
or (14) of this section, and the
judicial finding of guilt, guilty | 3976 |
plea,
or
judicial finding of eligibility for treatment | 3977 |
intervention in lieu of
conviction is
overturned on appeal, upon | 3978 |
exhaustion of the
criminal appeal, a
petition for reconsideration | 3979 |
of the order may
be filed with the
board along with appropriate | 3980 |
court documents.
Upon receipt of
a petition and supporting court | 3981 |
documents, the
board shall
reinstate the certificate of | 3982 |
registrationto practice or prescribe. The
board
may then hold an | 3983 |
adjudication under Chapter 119. of the Revised
Code to
determine | 3984 |
whether the
individual committed the act in
question. Notice of | 3985 |
opportunity for hearing shall be given in
accordance with
Chapter | 3986 |
119. of the Revised Code. If the
board
finds, pursuant to an | 3987 |
adjudication held under
this division, that
the individual | 3988 |
committed the act, or if no
hearing is requested,
it may order any | 3989 |
of the sanctions
identified under division (B) of
this section. | 3990 |
(I) The certificate of registration ofto practice issued to | 3991 |
a
physician assistant
and
the physician assistant's practice in | 3992 |
this state are
automatically suspended
as of the date the | 3993 |
physician assistant
pleads guilty to, is found by a judge
or jury | 3994 |
to be guilty of, or
is subject to a judicial finding of | 3995 |
eligibility
for intervention
in lieu of conviction in this state | 3996 |
or treatment or
intervention
in lieu of conviction in another | 3997 |
state for any of the
following
criminal offenses in this state or | 3998 |
a
substantially equivalent
criminal offense in another | 3999 |
jurisdiction: aggravated murder,
murder, voluntary
manslaughter, | 4000 |
felonious assault, kidnapping,
rape, sexual
battery, gross sexual | 4001 |
imposition, aggravated arson,
aggravated
robbery, or aggravated | 4002 |
burglary. Continued
practice
after the suspension
shall be | 4003 |
considered practicing without a
certificate. | 4004 |
(J) In any instance in which the board is required
by
Chapter | 4012 |
119. of the Revised Code to give notice of
opportunity for
hearing | 4013 |
and the
individual subject to the notice does not timely
request a | 4014 |
hearing in
accordance with section
119.07 of the Revised
Code, the | 4015 |
board is not required
to hold a hearing, but may adopt,
by an | 4016 |
affirmative vote of
not fewer than
six of its members, a
final | 4017 |
order that contains the board's
findings. In that final
order, the | 4018 |
board may order any of the
sanctions identified under
division (A) | 4019 |
or (B) of this
section. | 4020 |
(K) Any action taken by the board under
division (B) of this | 4021 |
section resulting in a suspension
shall be accompanied by a | 4022 |
written statement of the
conditions under which the physician | 4023 |
assistant's
certificate may be reinstated. The board
shall adopt | 4024 |
rules in accordance with
Chapter 119. of the Revised Code | 4025 |
governing conditions to be imposed for
reinstatement. | 4026 |
Reinstatement of a certificate suspended pursuant
to division (B) | 4027 |
of this section requires an affirmative
vote of not fewer than six | 4028 |
members of the board. | 4029 |
(L) When the board
refuses to grant to an applicant a | 4030 |
certificate of
registrationto practice as a
physician assistant | 4031 |
to an applicantor a certificate to prescribe,
revokes an | 4032 |
individual's certificate
of registration, refuses to issue a | 4033 |
certificate of registration,
or refuses to reinstate an | 4034 |
individual's certificate of
registration, the board may specify | 4035 |
that its action is
permanent. An individual subject to a
permanent | 4036 |
action taken by
the board is forever thereafter
ineligible to hold | 4037 |
athe certificate
of registration as a physician
assistant and the | 4038 |
board shall not accept an
application for
reinstatement of the | 4039 |
certificate or for issuance
of a new
certificate. | 4040 |
(B) Any person
may report to the
board in a signed writing | 4070 |
any information the
person has that
appears to show a violation of | 4071 |
any provision of
this chapter or
rule adopted under it. In the | 4072 |
absence of bad faith, a person
who
reports such information or | 4073 |
testifies before the board in an
adjudication conducted under | 4074 |
Chapter 119. of the Revised Code
shall not be liable for civil | 4075 |
damages as a
result of reporting the
information or providing | 4076 |
testimony. Each
complaint or allegation
of a violation received by | 4077 |
the board shall be assigned a case
number and be recorded by the | 4078 |
board. | 4079 |
(B)(C) Investigations of alleged violations of this chapter | 4080 |
or
rules adopted under it shall be supervised by the supervising | 4081 |
member elected by the board in accordance with section 4731.02 of | 4082 |
the Revised Code and by the secretary as provided
in section | 4083 |
4730.33 of the Revised Code. The
president may designate another | 4084 |
member of the board to supervise
the investigation in place of the | 4085 |
supervising member. A member
of the board who supervises the | 4086 |
investigation of a case shall
not participate in further | 4087 |
adjudication of the case. | 4088 |
(C)(D) In investigating a possible violation of this chapter | 4089 |
or
a rule adopted under it, the board may administer oaths, order | 4090 |
the
taking of depositions, issue subpoenas, and compel the | 4091 |
attendance
of witnesses and production of books, accounts,
papers, | 4092 |
records,
documents, and testimony, except that a subpoena
for | 4093 |
patient
record information shall not be issued without | 4094 |
consultation with
the attorney general's office and approval of | 4095 |
the secretary and
supervising member of the board. Before issuance | 4096 |
of a
subpoena
for patient record
information, the secretary and | 4097 |
supervising
member shall determine whether there is probable cause | 4098 |
to
believe
that the complaint filed alleges a violation of this | 4099 |
chapter or a
rule adopted under it and that the records sought
are | 4100 |
relevant to
the alleged violation and material to the | 4101 |
investigation. The
subpoena may apply only to records
that cover a | 4102 |
reasonable period
of
time surrounding the alleged violation. | 4103 |
A subpoena issued by the board may be served by a sheriff, | 4108 |
the sheriff's deputy, or a board employee designated by the
board. | 4109 |
Service of a
subpoena issued by the board may be made by | 4110 |
delivering a copy of the subpoena
to the person named therein, | 4111 |
reading it to the person, or leaving it at
the person's usual | 4112 |
place of residence. When the person being
served is a physician | 4113 |
assistant, service of the subpoena may be
made by certified mail, | 4114 |
restricted delivery, return receipt
requested, and the subpoena | 4115 |
shall be deemed served on the date
delivery is made or the date | 4116 |
the person refuses to accept
delivery. | 4117 |
The board shall conduct all investigations and
proceedings in | 4129 |
a manner that
protects the confidentiality of patients and persons | 4130 |
who file
complaints
with the board. The board shall not make | 4131 |
public the names
or any other identifying information about | 4132 |
patients or
complainants unless proper consent is given or, in the | 4133 |
case of a
patient, a waiver of the patient privilege exists under | 4134 |
division
(B) of section 2317.02 of the Revised
Code, except that | 4135 |
consent or a waiver is not required
if the board possesses | 4136 |
reliable and
substantial evidence that no
bona fide | 4137 |
physician-patient relationship exists. | 4138 |
The board may
share any information it receives pursuant to | 4139 |
an investigation, including
patient records and patient record | 4140 |
information, with law
enforcement agencies, other licensing | 4141 |
boards, and other
governmental
agencies that are prosecuting, | 4142 |
adjudicating, or investigating alleged
violations of statutes or | 4143 |
administrative rules. An agency
or board that receives the | 4144 |
information shall comply with the
same requirements regarding | 4145 |
confidentiality as those with which the state
medical board must | 4146 |
comply, notwithstanding any conflicting provision of the
Revised | 4147 |
Code or
procedure of the agency or board that applies when
it is | 4148 |
dealing with other information in its possession. In a judicial | 4149 |
proceeding, the information may
be admitted into evidence only in | 4150 |
accordance
with
the Rules of Evidence, but the court shall require | 4151 |
that appropriate measures are taken to ensure that confidentiality | 4152 |
is
maintained with respect to any part of the information that | 4153 |
contains names or
other identifying information about patients or | 4154 |
complainants whose
confidentiality was protected by the state | 4155 |
medical board when the information
was in the board's possession. | 4156 |
Measures to ensure confidentiality that may be
taken by the court | 4157 |
include sealing its records or deleting specific information from | 4158 |
its
records. | 4159 |
Sec. 4730.27. If the state medical board has reason
to | 4183 |
believe that any person who has been granted a certificate of | 4184 |
registration under this chapter is mentally ill or mentally | 4185 |
incompetent, it may file in the probate court of the county in | 4186 |
which such person has a legal residence an affidavit in the form | 4187 |
prescribed in section 5122.11 of the Revised Code
and signed by | 4188 |
the board secretary or a member of the secretary's staff, | 4189 |
whereupon the same proceedings shall be had as provided in
Chapter | 4190 |
5122. of the Revised Code. The
attorney general may represent the | 4191 |
board in any proceeding
commenced under this section. | 4192 |
If a physician assistant is
adjudged by a probate court to be | 4193 |
mentally ill or mentally
incompetent, the individual's certificate | 4194 |
of registration shall be
automatically suspended
until the | 4195 |
individual has filed with the board a certified copy of an | 4196 |
adjudication by a probate court of being restored to
competency or | 4197 |
has submitted to the board proof, satisfactory to
the board, of | 4198 |
having been discharged as being restored to
competency in the | 4199 |
manner and form provided in section 5122.38 of
the Revised Code. | 4200 |
The judge of the court shall
immediately notify the board of an | 4201 |
adjudication of incompetence
and note any suspension of a | 4202 |
certificate in the margin of the
court's record of the | 4203 |
certificate. | 4204 |
(B) Whenever any person holding a valid
certificate issued | 4226 |
pursuant to this chapter pleads guilty to, is
subject to a | 4227 |
judicial finding of guilt of,
or is subject to a judicial finding | 4228 |
of eligibility for treatmentintervention in lieu of
conviction | 4229 |
for a violation of Chapter 2907., 2925., or
3719. of the Revised | 4230 |
Code or of any substantively
comparable ordinance of a municipal | 4231 |
corporation in connection
with practicing as a physician | 4232 |
assistant, the prosecutor in the case shall, on
forms
prescribed | 4233 |
and provided by the state medical board, promptly
notify the board | 4234 |
of the conviction. Within thirty days of
receipt of such | 4235 |
information, the board shall initiate action in
accordance with | 4236 |
Chapter 119. of the Revised
Code to determine whether to suspend | 4237 |
or revoke the
certificate under section 4730.314730.25 of the | 4238 |
Revised
Code. | 4239 |
Sec. 4730.32. (A) Within sixty days after
the imposition of | 4265 |
any formal disciplinary
action taken by anya health care | 4266 |
facility, including
a hospital, health care facility operated by | 4267 |
an insuring
corporation, ambulatory surgical center, or similar | 4268 |
facility, against any
individual holding a valid certificate of | 4269 |
registrationto practice as a physician
assistant, the chief | 4270 |
administrator or executive officer of the facility shall
report to | 4271 |
the state medical board the name of the
individual, the action | 4272 |
taken by the facility, and a summary of the
underlying facts | 4273 |
leading to the action taken. Upon request, the board shall
be | 4274 |
provided certified copies of the patient records that were the | 4275 |
basis for the facility's
action. Prior to release to the board, | 4276 |
the summary shall be
approved by the peer review committee that | 4277 |
reviewed the
case or
by the governing board of the facility. | 4278 |
(B) A physician assistant, professional association
or | 4286 |
society of physician assistants,
physician, or professional | 4287 |
association or society of
physicians that believes a violation of | 4288 |
any provision of this chapter, Chapter 4731.
of the Revised Code, | 4289 |
or rule of the
board has
occurred shall report to the board the | 4290 |
information
upon which the belief is based. This division does not | 4291 |
require
any treatment provider approved
by the board under section | 4292 |
4731.25 of the Revised
Code or any employee, agent, or | 4293 |
representative of such a
provider to make reports with respect to | 4294 |
a physician assistant
participating in treatment or aftercare for | 4295 |
substance abuse
as long as the physician
assistant maintains | 4296 |
participation in accordance with the
requirements of section | 4297 |
4731.25 of the Revised
Code and the treatment provider or | 4298 |
employee, agent, or representative of the provider has no reason | 4299 |
to
believe that the physician assistant has violated any
provision | 4300 |
of this chapter or rule adopted under it, other than
being | 4301 |
impaired by alcohol, drugs, or other substances. This
division | 4302 |
does not require reporting by any member of an impaired | 4303 |
practitioner committee established by a health care
facility or by | 4304 |
any representative or agent of a committee or program
sponsored by | 4305 |
a
professional association or society of physician assistants to | 4306 |
provide
peer
assistance to physician assistants with substance | 4307 |
abuse problems
with respect to a physician assistant who has been | 4308 |
referred for
examination to a treatment program approved by the | 4309 |
board under
section 4731.25 of the Revised Code if the
physician | 4310 |
assistant cooperates with the referral for examination
and with | 4311 |
any determination that the physician assistant should enter | 4312 |
treatment
and as
long as the committee member, representative, or | 4313 |
agent has no
reason to believe that the physician assistant has | 4314 |
ceased to
participate in the treatment program in accordance with | 4315 |
section
4731.25 of the Revised Code or has violated any
provision | 4316 |
of this chapter or rule adopted under it, other than
being | 4317 |
impaired by alcohol, drugs, or other substances. | 4318 |
(C) Any professional association or society composed | 4319 |
primarily
of physician assistants that suspends or revokes an | 4320 |
individual's
membership for violations of professional ethics,
or | 4321 |
for reasons of professional incompetence or professional | 4322 |
malpractice, within sixty days after a final decision, shall | 4323 |
report to the board, on forms prescribed and provided by the | 4324 |
board, the name of the individual, the action taken by
the | 4325 |
professional organization,
and a summary of the underlying facts | 4326 |
leading to the action
taken. | 4327 |
(D) Any insurer providing professional
liability insurance to | 4332 |
any person holding a valid certificate of
registrationto practice | 4333 |
as a physician assistant or any other entity that
seeks to | 4334 |
indemnify the professional liability of a physician
assistant | 4335 |
shall notify the board within thirty days after the
final | 4336 |
disposition of any written claim for damages where such | 4337 |
disposition results in a payment exceeding twenty-five thousand | 4338 |
dollars. The notice shall contain the following information: | 4339 |
(E) The board may investigate possible violations of
this | 4348 |
chapter or the rules adopted under it that are brought to its | 4349 |
attention
as a result of the
reporting
requirements of this | 4350 |
section, except that the board shall
conduct an investigation if a | 4351 |
possible violation involves repeated
malpractice. As used in this | 4352 |
division,
"repeated malpractice" means three or more claims for | 4353 |
malpractice within the previous five-year period, each
resulting | 4354 |
in a judgment or settlement in excess of twenty-five thousand | 4355 |
dollars in favor of the claimant, and each involving negligent | 4356 |
conduct by the physician assistant. | 4357 |
(F) All summaries, reports, and records
received and | 4358 |
maintained by the board pursuant to this section
shall be held in | 4359 |
confidence and shall not be subject to discovery
or introduction | 4360 |
in evidence in any federal or state civil action
involving a | 4361 |
physician assistant, supervising physician, or health care | 4362 |
facility arising out of
matters that are the subject of the | 4363 |
reporting required by this
section. The board may use the | 4364 |
information
obtained only as the basis for
an investigation, as | 4365 |
evidence in a disciplinary hearing against
a physician assistant | 4366 |
or supervising physician, or in any subsequent trial or
appeal of | 4367 |
a
board action or order. | 4368 |
The board may disclose the summaries and reports it
receives | 4369 |
under this section only to health care facility committees
within | 4370 |
or
outside this state that are involved in credentialing or | 4371 |
recredentialing a
physician assistant or supervising physician or | 4372 |
reviewing their privilege to
practice within a particular | 4373 |
facility. The board shall indicate
whether or not the information | 4374 |
has been verified. Information
transmitted by the board shall be | 4375 |
subject to the same
confidentiality provisions as when maintained | 4376 |
by the board. | 4377 |
(I) In the absence of fraud or bad faith, a
professional | 4390 |
association or society of physician assistants that
sponsors a | 4391 |
committee or program to provide peer assistance to a physician | 4392 |
assistant with substance abuse problems, a representative or
agent | 4393 |
of such a committee or program, and a member of the state
medical | 4394 |
board shall not be held liable in damages to any person by
reason | 4395 |
of actions taken to refer a physician assistant to a
treatment | 4396 |
provider approved under section 4731.25 of the
Revised Code for | 4397 |
examination or treatment. | 4398 |
Sec. 4730.33. The secretary of the state medical
board shall | 4399 |
enforce the laws relating to the
practice of physician assistants. | 4400 |
If the secretary has knowledge or notice
of a violation of this | 4401 |
chapter or the rules adopted under it, the secretary
shall | 4402 |
investigate the matter, and, upon probable cause appearing,
file a | 4403 |
complaint and prosecute the offender. When requested by
the | 4404 |
secretary, the prosecuting attorney of the proper county
shall | 4405 |
take charge of and conduct such prosecution. | 4406 |
Sec. 4730.34. In the absence of fraud or bad faith,
the | 4413 |
state medical board, the board's physician assistant policy | 4414 |
committee, a
current or former board or committee member, an agent | 4415 |
of the board or committee,
a person formally requested by the | 4416 |
board to be the board's
representative or by the committee to be | 4417 |
the committee's representative, or an employee of the board or | 4418 |
committee shall not be held
liable in
damages to any person as the | 4419 |
result of any act, omission,
proceeding, conduct, or decision | 4420 |
related to official duties
undertaken or performed pursuant to | 4421 |
this chapter. If any such
person requests to be defended
by the | 4422 |
state against any claim or action arising out of
any act, | 4423 |
omission, proceeding, conduct, or decision related to
the person's | 4424 |
official duties, and if the request is made in
writing at a | 4425 |
reasonable time before trial and the person
requesting defense | 4426 |
cooperates in good faith in the defense of the
claim or action, | 4427 |
the state shall provide and pay for the
person's defense and shall | 4428 |
pay any resulting judgment, compromise, or
settlement. At no time | 4429 |
shall the state pay any part of a
claim or judgment that is for | 4430 |
punitive or exemplary
damages. | 4431 |
(C) All rules adopted under this section shall be adopted in | 4497 |
accordance with Chapter 119. of the Revised Code. When adopting | 4498 |
the initial rules, the board shall consider the recommendations of | 4499 |
the physician assistant policy committee submitted pursuant to | 4500 |
division (A) of section 4730.38 of the Revised Code. When making | 4501 |
any modifications to the rules subsequent to its annual review of | 4502 |
the rules, the board shall consider the committee's | 4503 |
recommendations submitted pursuant to division (B) of section | 4504 |
4730.38 of the Revised Code. | 4505 |
Sec. 4730.40. (A) Subject to divisions (B) and (C) of this | 4506 |
section, the formulary established by the state medical board in | 4507 |
rules adopted under section 4730.39 of the Revised Code listing | 4508 |
the drugs and therapeutic devices by class and specific | 4509 |
nomenclature that a supervising physician may include in the | 4510 |
physician-delegated prescriptive authority granted to a physician | 4511 |
assistant who holds a certificate to prescribe issued under this | 4512 |
chapter may include any or all of the following drugs: | 4513 |
(C) When adopting rules establishing the initial formulary, | 4526 |
the board shall include provisions ensuring that a physician | 4527 |
assistant who holds a certificate to prescribe issued under this | 4528 |
chapter may be granted physician-delegated prescriptive authority | 4529 |
for all drugs and therapeutic devices that may be prescribed on | 4530 |
the effective date of the rules by a holder of a certificate to | 4531 |
prescribe issued by the board of nursing under Chapter 4723. of | 4532 |
the Revised Code, with the exception of schedule II controlled | 4533 |
substances. To the extent permitted by division (A) of this | 4534 |
section, the initial formulary may include additional drugs or | 4535 |
therapeutic devices. | 4536 |
(A) If the state medical board has adopted all rules | 4541 |
necessary to issue certificates to prescribe under this chapter | 4542 |
other than the formulary, the board shall begin issuing the | 4543 |
certificates to prescribe, and the formulary established under | 4544 |
Chapter 4723. of the Revised Code shall constitute the formulary | 4545 |
of drugs and therapeutic devices that a physician may include in | 4546 |
the physician-delegated prescriptive authority granted to a | 4547 |
physician assistant who holds a certificate to prescribe issued | 4548 |
under this chapter. The application of the formulary established | 4549 |
under Chapter 4723. of the Revised Code shall cease on the | 4550 |
effective date of the initial rules establishing a formulary under | 4551 |
section 4730.39 of the Revised Code. | 4552 |
(1) The physician assistant shall personally furnish only | 4657 |
antibiotics, antifungals, scabicides, contraceptives, prenatal | 4658 |
vitamins, antihypertensives, drugs and devices used in the | 4659 |
treatment of diabetes, drugs and devices used in the treatment of | 4660 |
asthma, and drugs used in the treatment of dyslipidemia. | 4661 |
(C) If a physician assistant does not successfully complete | 4720 |
the provisional period, each supervising physician shall cease | 4721 |
granting physician-delegated prescriptive authority to the | 4722 |
physician assistant. The supervising physician with primary | 4723 |
responsibility for conducting the provisional period shall | 4724 |
promptly notify the state medical board that the physician | 4725 |
assistant did not successfully complete the provisional period and | 4726 |
the board shall revoke the certificate. | 4727 |
(b) The physician assistant shall hold a degree other than a | 4753 |
master's or higher degree that was obtained from a school or | 4754 |
program accredited by the accreditation review commission on | 4755 |
education for the physician assistant or a predecessor or | 4756 |
successor organization recognized by the board and shall hold a | 4757 |
master's or higher degree in a course of study with clinical | 4758 |
relevance to the practice of physician assistants that was | 4759 |
obtained from a program accredited by a regional or specialized | 4760 |
and professional accrediting agency recognized by the council for | 4761 |
higher education accreditation. | 4762 |
The applicant shall report any criminal offense that | 4843 |
constitutes grounds under section 4730.25 of the Revised Code for | 4844 |
refusing to issue a certificate to prescribe to which the | 4845 |
applicant has pleaded guilty, of which the applicant has been | 4846 |
found guilty, or for which the applicant has been found eligible | 4847 |
for intervention in lieu of conviction, since last signing an | 4848 |
application for a certificate to prescribe. | 4849 |
Sec. 4730.49. (A) To be eligible for renewal of a | 4855 |
certificate to prescribe, an applicant shall complete every two | 4856 |
years at least twelve hours of continuing education in | 4857 |
pharmacology from an accredited institution recognized by the | 4858 |
state medical board. Except as provided in division (B) of this | 4859 |
section and in section 5903.12 of the Revised Code, the continuing | 4860 |
education shall be completed not later than the thirty-first day | 4861 |
of January of each even-numbered year. | 4862 |
(B) The state medical board shall provide for pro rata | 4863 |
reductions by month of the number of hours of continuing education | 4864 |
in pharmacology that is required to be completed for physician | 4865 |
assistants who are in their first certification period after | 4866 |
completing the provisional period required under section 4730.45 | 4867 |
of the Revised Code, who have been disabled due to illness or | 4868 |
accident, or who have been absent from the country. The board | 4869 |
shall adopt rules, in accordance with Chapter 119. of the Revised | 4870 |
Code, as necessary to implement this division. | 4871 |
Sec. 4730.50. If a physician assistant holds a certificate | 4875 |
to prescribe and the physician assistant's certificate to practice | 4876 |
expires, the physician assistant's certificate to prescribe is | 4877 |
lapsed until the certificate to practice is reinstated. If a | 4878 |
sanction under section 4730.25 of the Revised Code applies to a | 4879 |
physician assistant's certificate to practice, the same sanction | 4880 |
is placed on the physician assistant's certificate to prescribe | 4881 |
while the sanction applies to the certificate to practice. | 4882 |
Sec. 4730.52. On application by the holder of a certificate | 4891 |
to prescribe issued under this chapter, the state medical board | 4892 |
shall issue a duplicate certificate to replace one that is missing | 4893 |
or damaged, to reflect a name change, or for any other reasonable | 4894 |
cause. The fee for a duplicate certificate is thirty-five dollars. | 4895 |
All fees collected under this section shall be deposited in | 4896 |
accordance with section 4731.24 of the Revised Code. | 4897 |
Sec. 4731.141. Any person who was authorized in practice | 4898 |
limited osteopathic medicine and surgery on January 1, 1980, may | 4899 |
continue to practice in accordance with the statutory limitations | 4900 |
in effect on that date. The board shall regulate such | 4901 |
practitioners and shall require them to register on or before the | 4902 |
first day of June, 1983, and on or before the first day of June | 4903 |
every second year thereafter, on a form prescribed by the board | 4904 |
and pay at such time a biennial registration fee of twenty-five | 4905 |
dollars. At least one month in advance of the date of | 4906 |
registration, a written notice shall be sent to such | 4907 |
practitioners, whether a resident of the state or not, at the
last | 4908 |
known address, that the biennial registration fee is due on
or | 4909 |
before the first day of June. All such practitioners shall
provide | 4910 |
the board written notice of any change of address. A
holder of a | 4911 |
certificate to practice under this section shall have histhe | 4912 |
certificate automatically suspended if the registration fee is not | 4913 |
paid by the
first day of September of the same year, and continued | 4914 |
practice
after the suspension shall be considered as practicing | 4915 |
without a
license in violation of section 4731.43 of the Revised | 4916 |
Code. An
applicant for reinstatement of a certificate to practice | 4917 |
suspended for failure to register shall submit histhe
applicant's | 4918 |
current and
delinquent registration fees and a penalty in the sum | 4919 |
of
twenty-five dollars. | 4920 |
(1)
"Continuing education" means continuing education | 4927 |
required of a licensee by law and includes, but is not limited
to, | 4928 |
the continuing education required of licensees under sections | 4929 |
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24, | 4930 |
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141, | 4931 |
4736.11,
4741.16,
4741.19,
4751.07, 4755.63, 4757.33, 4759.06, | 4932 |
4761.06, and
4763.07
of the Revised Code. | 4933 |
(B) Each licensing agency, upon receiving an application
from | 4955 |
one of its licensees that is accompanied by proper
documentation | 4956 |
certifying that the licensee has been called to
active duty
as | 4957 |
described in division (A)(3)(c) of this section
during the
current | 4958 |
or a prior reporting period and certifying the
length of
that | 4959 |
active duty, shall extend the current reporting
period by an | 4960 |
amount of time equal to the total number of months
that the | 4961 |
licensee spent on active duty during the current
reporting
period. | 4962 |
For purposes of this division, any portion of a
month
served on | 4963 |
active duty shall be considered one full month. | 4964 |
Section 2. That existing sections 1.64, 1751.01, 2305.113, | 4965 |
2925.02, 2925.03, 2925.11, 2925.12, 2925.14, 2925.23, 2925.36, | 4966 |
3327.10, 3331.02, 3719.06, 3719.81, 4723.481, 4723.50, 4729.01, | 4967 |
4729.51, 4730.01, 4730.02, 4730.03, 4730.05, 4730.06, 4730.07, | 4968 |
4730.10, 4730.11, 4730.12, 4730.16, 4730.18, 4730.19, 4730.21, | 4969 |
4730.22, 4730.25, 4730.26, 4730.27, 4730.28, 4730.31, 4730.32, | 4970 |
4730.33, 4730.34, 4731.141, and 5903.12 and sections 4730.15 and | 4971 |
4730.17 of the Revised Code are hereby repealed. | 4972 |
Section 3. In addition to adopting rules under section | 4973 |
4730.39 of the Revised Code governing physician-delegated | 4974 |
prescriptive authority for physician assistants, the State Medical | 4975 |
Board shall, not later than six months after the effective date of | 4976 |
this section, adopt, amend, and rescind any other rules necessary | 4977 |
to implement the remaining provisions of this act. The rules | 4978 |
adopted under Chapter 4730. of the Revised Code that are in effect | 4979 |
immediately prior to the effective date of this act shall continue | 4980 |
in effect until rules are adopted, amended, or rescinded in | 4981 |
accordance with the provisions of this act. | 4982 |
Section 6. Section 3719.81 of the Revised Code is presented | 5016 |
in
this act as a composite of the section as amended by both Am. | 5017 |
Sub. H.B. 454 and Am. Sub. S.B. 80 of
the 125th General Assembly. | 5018 |
The General Assembly, applying the
principle stated in division | 5019 |
(B) of section 1.52 of the Revised
Code that amendments are to be | 5020 |
harmonized if reasonably capable of
simultaneous operation, finds | 5021 |
that the composite is the resulting
version of the section in | 5022 |
effect prior to the effective date of
the section as presented in | 5023 |
this act. | 5024 |