| Section 1.
That sections 3923.233, 3923.301, 4701.16, | 16 |
| 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, | 17 |
| 4719.03, 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, 4728.13, | 18 |
| 4729.16, 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, 4731.226, | 19 |
| 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, | 20 |
| 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, | 21 |
| 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, | 22 |
| 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, | 23 |
| 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, and 4781.09 | 24 |
| be amended and section 4743.06 of the Revised Code be enacted to | 25 |
| read as follows: | 26 |
| Sec. 3923.233. Notwithstanding any provision of any | 27 |
| certificate
furnished by
an insurer in connection with or pursuant | 28 |
| to any group
sickness and
accident
insurance policy delivered, | 29 |
| issued, renewed, or used, in or
outside this
state, on or after | 30 |
| January 1, 1985, and notwithstanding any provision of any
policy | 31 |
| of insurance delivered, issued for delivery, renewed, or used, in | 32 |
| or
outside this state, on or after January 1, 1985, whenever the | 33 |
| policy or
certificate is subject to the jurisdiction of this state | 34 |
| and
provides for
reimbursement for any service that may be legally | 35 |
| performed by a
certified nurse-midwife
who is authorized under | 36 |
| section 4723.42
of the Revised Code to
practice nurse-midwifery, | 37 |
| reimbursement under the policy or
certificate
shall not be denied | 38 |
| to a certified
nurse-midwife performing
the service in | 39 |
| collaboration with a
licensed physician. The collaborating | 40 |
| physician shall be identified on an
insurance
claim form. | 41 |
| Sec. 3923.301. Every person, the state and any of its | 54 |
|
instrumentalities, any county, township, school district, or
other | 55 |
| political subdivision and any of its instrumentalities, and
any | 56 |
| municipal corporation and any of its instrumentalities
that | 57 |
| provides payment for health care benefits for any of its
employees | 58 |
| resident in this state, which benefits are not provided
by | 59 |
| contract with an insurer qualified to provide sickness and | 60 |
|
accident insurance or a health insuring
corporation, and that | 61 |
|
includes reimbursement for any service that may be
legally | 62 |
| performed by a certified nurse-midwife who is
authorized
under | 63 |
| section 4723.42 of the Revised Code to practice nurse-midwifery, | 64 |
|
shall not deny reimbursement to a certified nurse-midwife | 65 |
|
performing the service if the service is
performed in | 66 |
| collaboration
with a
licensed
physician. The collaborating | 67 |
| physician shall be identified on the claim form. | 68 |
| (6) In the case of violations of division (A)(2) or (4) of | 139 |
|
this section, require the holder of a CPA certificate, PA | 140 |
|
registration, or firm
registration to
submit to a peer review by a | 141 |
|
professional committee
designated
by the board, which committee | 142 |
|
shall report to the board
concerning that
holder's compliance
with | 143 |
|
generally accepted accounting principles, generally
accepted | 144 |
|
auditing
standards, or other generally accepted technical | 145 |
|
standards; | 146 |
| Sec. 4703.15. (A) The state board of examiners of architects | 159 |
|
may by three concurring votes deny renewal of, revoke, or suspend | 160 |
|
any certificate of qualification to practice architecture, issued | 161 |
|
or renewed under sections 4703.10, 4703.13, and 4703.14 of the | 162 |
|
Revised Code, or any certificate of authorization, issued or | 163 |
|
renewed under sections 4703.13 and 4703.18 of the Revised Code,
if | 164 |
| proof satisfactory to the board is presented in any of the | 165 |
|
following cases: | 166 |
| At any time after the expiration of six months from the
date | 190 |
| of the revocation or suspension of a certificate, the
individual, | 191 |
| firm, partnership, association, or corporation may
apply for | 192 |
| reinstatement of the certificate. Upon showing that
all loss | 193 |
| caused by the individual, firm, partnership,
association, or | 194 |
| corporation whose certificate has been revoked or
suspended has | 195 |
| been fully satisfied and that all conditions
imposed by the | 196 |
| revocation or suspension decision have been
complied with, and | 197 |
| upon the payment of all costs incurred by the
board as a result of | 198 |
| the case at issue, the board, at its
discretion and upon evidence | 199 |
| that in its opinion would so
warrant, may restore the certificate. | 200 |
| (B) In addition to disciplinary action the board may take | 201 |
| against a certificate holder under division (A) of this section or | 202 |
| section 4703.151 of the Revised Code, the board may impose a fine | 203 |
| against a certificate holder who obtained a certificate by fraud | 204 |
| or who is found guilty of any act specified in divisions (A)(2) to | 205 |
| (A)(5) of this section or who violates any rule governing the | 206 |
| standards of service, conduct, and practice adopted pursuant to | 207 |
| section 4703.02 of the Revised Code. The fine imposed shall be not | 208 |
| more than one thousand dollars for each offense but shall not | 209 |
| exceed five thousand dollars regardless of the number of offenses | 210 |
| the certificate holder has committed between the time the fine is | 211 |
| imposed and the time any previous fine was imposed. | 212 |
| (E) Failing to account for or remit, within a reasonable | 279 |
|
time, any money or property belonging to others that comes into
| 280 |
|
the
licensee's
possession, and for commingling funds of others | 281 |
| with
the
licensee's own, or
failing to keep funds of others in
an | 282 |
|
escrow or trust
account, except that in the case of a
transaction | 283 |
| involving real
estate, such funds shall be maintained
in | 284 |
| accordance with
division (A)(26) of section 4735.18 of the
Revised | 285 |
| Code; | 286 |
(G) Conviction inIn a court of competent jurisdiction of | 289 |
|
this
state or any other state, conviction of or plea of guilty to | 290 |
a criminal offense involving
fraud, forgery, embezzlement, false | 291 |
pretenses, extortion, conspiracy to defraud, or another similar | 292 |
offense or
a felonythat is substantially related to the | 293 |
| profession of auctioneer, apprentice auctioneer, or special | 294 |
| auctioneer; | 295 |
| (7) Providing or allowing dental hygienists, expanded | 428 |
| function dental auxiliaries, or other
practitioners of auxiliary | 429 |
| dental occupations working under the
certificate or license | 430 |
| holder's supervision, or a dentist holding
a
temporary limited | 431 |
| continuing
education license under division
(C) of section 4715.16 | 432 |
| of the
Revised Code working under the
certificate or license | 433 |
|
holder's direct supervision, to provide
dental care that departs | 434 |
| from or fails to conform to accepted
standards for the profession, | 435 |
| whether or not injury to a patient
results; | 436 |
| (B) A manager, proprietor, operator, or conductor of a
dental | 457 |
| facility shall be subject to disciplinary action if any
dentist, | 458 |
| dental hygienist, expanded function dental auxiliary, or qualified | 459 |
| personnel providing
services in the facility is found to have | 460 |
| committed a violation
listed in division (A) of this section and | 461 |
| the manager,
proprietor, operator, or conductor knew of the | 462 |
| violation and
permitted it to occur on a recurring basis. | 463 |
| (D) If the physical or mental condition of a license or | 493 |
|
certificate holder is at issue in a disciplinary proceeding, the | 494 |
|
board may order the license or certificate holder to submit to | 495 |
|
reasonable examinations by
an individual designated or
approved
by | 496 |
|
the board and at the board's expense.
The
physical
examination
may | 497 |
| be conducted by any individual authorized
by the
Revised Code
to | 498 |
| do so, including a physician assistant, a
clinical
nurse | 499 |
|
specialist, a
certified nurse practitioner, or a
certified | 500 |
|
nurse-midwife.
Any written documentation of the physical | 501 |
|
examination shall be completed by the individual who conducted the | 502 |
|
examination. | 503 |
| (E) If the board has reason to believe that the holder | 507 |
|
represents a clear and immediate danger to the public health and | 508 |
|
safety if the holder is allowed to continue to practice, or
if the | 509 |
|
holder has failed to comply with an order under division (D) of | 510 |
|
this
section, the board may apply to the court of common pleas of | 511 |
|
the
county in which the holder resides for an order temporarily | 512 |
|
suspending the holder's license or certificate, without a prior | 513 |
|
hearing being afforded by the board, until the board conducts an | 514 |
|
adjudication hearing pursuant to Chapter 119. of the Revised
Code. | 515 |
|
If the court temporarily suspends a holder's license or | 516 |
|
certificate, the board shall give written notice of the
suspension | 517 |
|
personally or by certified mail to the license or
certificate | 518 |
|
holder. Such notice shall include specific facts and
reasons for | 519 |
|
finding a clear and immediate danger to the public
health and | 520 |
|
safety and shall inform the license or certificate
holder of the | 521 |
|
right to a hearing pursuant to Chapter 119. of the
Revised Code. | 522 |
| (F) Any holder of a certificate or license issued under
this | 523 |
|
chapter who has pleaded guilty to, has been convicted of, or
has | 524 |
|
had a judicial finding of eligibility for
intervention in lieu
of | 525 |
|
conviction entered against the holder in this state for
aggravated | 526 |
|
murder, murder, voluntary manslaughter, felonious assault, | 527 |
|
kidnapping, rape, sexual battery, gross sexual imposition, | 528 |
|
aggravated arson, aggravated robbery, or aggravated burglary, or | 529 |
|
who has pleaded guilty to, has been convicted of, or has had a | 530 |
|
judicial finding of eligibility for treatment or intervention in | 531 |
|
lieu
of
conviction entered against the holder in another | 532 |
|
jurisdiction for any
substantially equivalent criminal offense, is | 533 |
|
automatically
suspended from practice under this chapter in this | 534 |
|
state and any
certificate or license issued to the holder under | 535 |
|
this
chapter is automatically suspended, as of the date of the | 536 |
|
guilty plea,
conviction, or judicial finding, whether the | 537 |
|
proceedings are
brought in this state or another jurisdiction. | 538 |
|
Continued
practice by an individual after the suspension of the | 539 |
|
individual's certificate or license under this division shall be | 540 |
|
considered practicing
without a certificate or license. The board | 541 |
|
shall notify the
suspended individual of the suspension of the | 542 |
|
individual's
certificate or license under this division by | 543 |
|
certified mail or in person in
accordance with section 119.07 of | 544 |
|
the Revised Code. If an
individual whose certificate or license
is | 545 |
| suspended under this
division fails to make a timely request
for | 546 |
| an adjudicatory
hearing, the board shall enter a final order | 547 |
|
revoking the
individual's certificate or license. | 548 |
| (3) The applicant or licensee has
purposely violated any | 573 |
|
provision of sections 4717.01 to 4717.15 or a rule
adopted under | 574 |
|
any of those sections; division (A) or (B) of
section 4717.23; | 575 |
|
division (B)(1) or (2), (C)(1) or (2),
(D), (E), or (F)(1) or (2), | 576 |
|
or divisions
(H)
to (K) of section 4717.26; division (D)(1) of | 577 |
|
section
4717.27; or divisions (A) to (C) of section 4717.28
of the | 578 |
|
Revised Code; any rule or order of the
department of health or a | 579 |
|
board of health
of a health district governing the disposition of | 580 |
|
dead human bodies; or any
other rule or order applicable to the | 581 |
|
applicant or licensee. | 582 |
| (2) The board shall send to the crematory review board | 610 |
|
written notice that
it proposes to refuse to issue or renew, or | 611 |
|
proposes to suspend or revoke, a
license to operate a crematory | 612 |
|
facility. If, after the conclusion of the
adjudicatory hearing on | 613 |
|
the matter conducted under division (E) of
section 4717.03 of the | 614 |
|
Revised Code, the board of embalmers
and funeral directors finds | 615 |
|
that any of the circumstances described
in divisions (A)(1) to | 616 |
|
(10) of
this section apply to the person named in its proposed | 617 |
|
action,
the board may issue a final order under division
(E) of | 618 |
|
section 4717.03 of the Revised
Code refusing to issue or
renew, or | 619 |
|
suspending or revoking, the person's license to
operate a | 620 |
|
crematory facility. | 621 |
| (C) If the board of embalmers and funeral directors | 622 |
|
determines
that there is clear and convincing evidence that
any of | 623 |
|
the circumstances described in divisions
(A)(1) to (10) of this | 624 |
|
section
apply to the holder of a license issued under this chapter | 625 |
|
and that the
licensee's continued practice presents a danger
of | 626 |
|
immediate and serious harm to the public, the board may
suspend | 627 |
|
the licensee's license without a prior adjudicatory
hearing. The | 628 |
|
executive director of the board shall prepare
written allegations | 629 |
|
for consideration by the board. | 630 |
| The board shall issue a written order of suspension by | 633 |
|
certified mail or in person in accordance with section 119.07 of | 634 |
|
the Revised
Code. Such an order is not
subject to suspension by | 635 |
|
the court during the pendency of any
appeal filed under section | 636 |
|
119.12 of the
Revised Code. If the holder of an embalmer's, | 637 |
|
funeral
director's, funeral home, or embalming facility license | 638 |
|
requests an
adjudicatory hearing by the board, the date set for | 639 |
|
the hearing shall be
within fifteen days, but not earlier than | 640 |
|
seven
days, after the licensee has requested a hearing, unless
the | 641 |
|
board and the licensee agree to a different time for holding the | 642 |
|
hearing. | 643 |
| Upon issuing a written order of suspension to the holder
of a | 644 |
|
license to operate a crematory facility, the board of
embalmers | 645 |
|
and funeral directors shall send written notice of the
issuance of | 646 |
|
the order to the crematory review board. The
crematory review | 647 |
|
board shall hold an adjudicatory hearing on the
order under | 648 |
|
division (E) of section
4717.03
of the Revised Code within
fifteen | 649 |
| days,
but not earlier than seven days, after the
issuance
of the | 650 |
| order, unless the crematory review board and the licensee
agree to | 651 |
| a different time for holding the adjudicatory hearing. | 652 |
| Any summary suspension imposed under this division shall | 653 |
|
remain in effect, unless reversed on appeal, until a final | 654 |
|
adjudicatory order issued by the board of embalmers and funeral | 655 |
|
directors
pursuant to this division and Chapter 119. of the | 656 |
|
Revised
Code, or division (E) of section 4717.03 of the Revised | 657 |
|
Code, as
applicable, becomes effective. The board of embalmers
and | 658 |
| funeral directors
shall issue its final adjudicatory order
within | 659 |
| sixty days
after the completion of its hearing or, in the
case of | 660 |
| the summary suspension
of a license to operate a crematory | 661 |
|
facility, within sixty days after
completion of the adjudicatory | 662 |
|
hearing by the crematory review board. A
failure to issue the | 663 |
|
order within that time results in the dissolution of the summary | 664 |
|
suspension order, but does not invalidate any subsequent final | 665 |
|
adjudicatory order. | 666 |
| (D) Any holder of a
license issued under this chapter who
has | 667 |
| pleaded guilty to, has
been found by a judge or jury to be
guilty | 668 |
| of, or has had a
judicial finding of eligibility for
treatment in | 669 |
| lieu of
conviction entered against the individual in
this state | 670 |
| for
aggravated murder, murder, voluntary manslaughter,
felonious | 671 |
|
assault, kidnapping, rape, sexual battery, gross sexual | 672 |
|
imposition, aggravated arson, aggravated robbery, or aggravated | 673 |
|
burglary, or who has pleaded guilty to, has been found by a
judge | 674 |
|
or jury to be guilty of, or has had a judicial finding of | 675 |
|
eligibility for treatment in lieu of conviction entered against | 676 |
|
the individual in another jurisdiction for any substantially | 677 |
|
equivalent criminal offense, is hereby suspended from practice | 678 |
|
under this chapter by operation of law, and any license issued
to | 679 |
|
the individual under this chapter is hereby suspended by
operation | 680 |
|
of law as of the date of the guilty plea, verdict or
finding of | 681 |
|
guilt, or judicial finding of eligibility for
treatment in lieu of | 682 |
|
conviction, regardless of whether the
proceedings are brought in | 683 |
|
this state or another jurisdiction.
The board shall notify the | 684 |
|
suspended individual of the
suspension of the individual's license | 685 |
|
by the operation of this
division by certified mail or in person | 686 |
|
in accordance with
section 119.07 of the Revised
Code. If an | 687 |
|
individual whose
license is suspended under this division fails to | 688 |
|
make a timely
request for an adjudicatory hearing, the board shall | 689 |
|
enter a
final order revoking the license. | 690 |
| Sec. 4719.03. (A) Except as otherwise provided in division | 699 |
| (B) of this
section, the attorney general shall issue a | 700 |
| certificate of registration or
registration renewal as a telephone | 701 |
| solicitor to any applicant or registrant
that submits a completed | 702 |
| application for the certificate, as specified under
section | 703 |
| 4719.02 of the Revised Code, and pays, as applicable, the | 704 |
|
registration fee or renewal fee prescribed pursuant to rule of the | 705 |
| attorney
general adopted under section 4719.10 of the Revised | 706 |
|
Code. All fees collected under this
division shall be deposited | 707 |
| into the state treasury to the credit of the
telemarketing fraud | 708 |
| enforcement fund created in section 4719.17 of the Revised
Code. | 709 |
| The certificate of registration or registration renewal
shall | 710 |
| expire one year after the date on which it is issued. | 711 |
| (4) In a court of competent jurisdiction of this state or any | 728 |
| other state
or of the United States, the applicant or registrant | 729 |
| was
convicted of, pleaded guilty to, or entered a plea of no | 730 |
contest for a
felony, engaging in a pattern of corrupt activity, | 731 |
racketeering, a violation
of federal or state securities law, or a | 732 |
theft offense as
defined in section 2913.01 of the Revised Code | 733 |
| criminal offense that is substantially related to the profession | 734 |
| of telepone solicitor or in a similar law of any
other state or of | 735 |
| the United States, or failed to notify the attorney general
of any | 736 |
| conviction or plea of that type as required under
division (H) of | 737 |
| section 4719.08 of the Revised Code. | 738 |
| (E) Standards for approval of continuing
nursing education | 757 |
|
programs and courses for registered nurses,
licensed practical | 758 |
|
nurses, certified registered nurse anesthetists,
clinical nurse | 759 |
|
specialists, certified nurse-midwives, and certified nurse | 760 |
|
practitioners. The standards may provide for
approval of | 761 |
|
continuing nursing education programs and courses that have
been | 762 |
|
approved by other state boards of nursing or by national | 763 |
|
accreditation systems for nursing, including, but not limited to, | 764 |
|
the American nurses' credentialing center and the national | 765 |
|
association for practical nurse education and service. | 766 |
| Sec. 4723.28. (A) The board of nursing, by a vote of
a | 831 |
|
quorum, may revoke
or may refuse to grant a nursing license, | 832 |
|
certificate of
authority, or dialysis technician
certificate
to a | 833 |
|
person
found by
the board to have committed fraud in passing an | 834 |
|
examination
required to obtain the license, certificate of | 835 |
|
authority, or
dialysis technician certificate or to have committed | 836 |
|
fraud,
misrepresentation, or
deception in applying for or securing | 837 |
|
any
nursing license,
certificate of authority, or dialysis | 838 |
|
technician
certificate
issued by the
board. | 839 |
| (B)
Subject to division (N) of this section, the board of | 840 |
|
nursing,
by a vote of a
quorum, may
impose one or more of the | 841 |
|
following sanctions: deny,
revoke,
suspend, or place restrictions | 842 |
|
on any nursing
license,
certificate
of authority, or dialysis | 843 |
|
technician
certificate issued by
the
board; reprimand or otherwise | 844 |
|
discipline a holder of a
nursing
license, certificate of | 845 |
|
authority, or dialysis technician
certificate; or impose a fine of | 846 |
|
not more than five hundred
dollars
per violation. The sanctions | 847 |
|
may be imposed for any of
the
following: | 848 |
(5)(4) Selling, giving away, or administering drugs or | 870 |
|
therapeutic devices for
other than legal and legitimate | 871 |
|
therapeutic purposes; or conviction of,
a plea of guilty to, a | 872 |
|
judicial finding of guilt of, a
judicial finding of guilt | 873 |
|
resulting from a plea of no contest to, or a
judicial finding of | 874 |
|
eligibility for intervention in lieu of conviction
for, violating | 875 |
|
any municipal, state, county, or federal drug law; | 876 |
| (C) Disciplinary actions taken by the board under divisions | 994 |
|
(A)
and (B) of this section shall be taken pursuant to an | 995 |
|
adjudication
conducted under Chapter 119. of the Revised Code, | 996 |
|
except that in lieu of a hearing,
the board may enter into a | 997 |
|
consent agreement with an individual to resolve an
allegation of a | 998 |
|
violation of this chapter or any rule adopted under it. A
consent | 999 |
|
agreement, when ratified by a vote of a quorum, shall constitute | 1000 |
|
the
findings and order of the board with respect to the matter | 1001 |
|
addressed in the
agreement. If the board refuses to ratify a | 1002 |
|
consent agreement, the admissions
and findings contained in the | 1003 |
|
agreement shall be of no effect. | 1004 |
| In any instance in which the board is required under Chapter | 1010 |
|
119.
of the Revised Code to give notice of an opportunity for a | 1011 |
|
hearing and the applicant or
license holder does not make a timely | 1012 |
|
request for a hearing in accordance with
section 119.07 of the | 1013 |
|
Revised Code, the board is not required to hold a hearing, but may | 1014 |
|
adopt, by a vote of a quorum, a final order that contains the | 1015 |
|
board's
findings. In the final order, the board may order any of | 1016 |
|
the sanctions listed
in division (A) or (B) of this section. | 1017 |
| (E) If a criminal action is brought against a registered | 1018 |
|
nurse,
licensed
practical nurse, or dialysis
technician for an
act | 1019 |
or crime described in divisions (B)(3) to (7)(5)
of this section | 1020 |
| and
the action is dismissed by the trial court
other than on the | 1021 |
|
merits, the board shall conduct an
adjudication to determine | 1022 |
|
whether the
registered nurse, licensed practical nurse, or | 1023 |
|
dialysis technician
committed the act
on which the action was | 1024 |
|
based. If the board determines on the
basis of the adjudication | 1025 |
|
that the registered nurse,
licensed practical nurse, or dialysis | 1026 |
|
technician committed the act,
or if the registered nurse, licensed | 1027 |
|
practical nurse,
or dialysis technician fails to participate in | 1028 |
|
the
adjudication, the
board may take action as though the | 1029 |
|
registered nurse,
licensed practical nurse, or dialysis technician | 1030 |
|
had been
convicted of the act. | 1031 |
| If the board takes action on the basis of a conviction,
plea, | 1032 |
or a judicial
finding as described
in divisions (B)(3) to (7)(5) | 1033 |
|
of
this section that is overturned on
appeal, the registered | 1034 |
|
nurse,
licensed practical
nurse, or dialysis technician may, on | 1035 |
|
exhaustion of the appeal
process, petition the board for | 1036 |
|
reconsideration of its action.
On receipt of the petition and | 1037 |
|
supporting court documents, the
board shall temporarily rescind | 1038 |
|
its action. If the board
determines that the decision on appeal | 1039 |
|
was a decision on the
merits, it shall permanently rescind its | 1040 |
|
action. If the board
determines that the decision on appeal was | 1041 |
|
not a decision on the
merits, it shall conduct an
adjudication
to | 1042 |
| determine
whether the registered nurse, licensed practical
nurse, | 1043 |
| or dialysis technician committed the act on which the
original | 1044 |
| conviction, plea, or judicial finding was
based.
If the
board | 1045 |
| determines on the basis of the adjudication
that the
registered | 1046 |
| nurse, licensed practical nurse, or
dialysis technician
committed | 1047 |
| such act, or if the
registered nurse, licensed practical
nurse, or | 1048 |
| dialysis technician does
not request an adjudication,
the board | 1049 |
| shall reinstate
its action;
otherwise, the board shall
permanently | 1050 |
| rescind its action. | 1051 |
| (G) During the course of an investigation conducted under | 1064 |
|
this section, the board
may compel any registered nurse,
licensed | 1065 |
|
practical nurse, or dialysis technician or applicant under this | 1066 |
|
chapter to submit to a
mental or physical
examination, or both, as | 1067 |
|
required by the board and at the expense
of the individual, if the | 1068 |
|
board finds reason to believe that the
individual under | 1069 |
|
investigation may have a physical or mental impairment that
may | 1070 |
|
affect the individual's ability to provide safe nursing care. | 1071 |
|
Failure
of any individual to submit to a
mental or physical | 1072 |
|
examination when directed constitutes an
admission of the | 1073 |
|
allegations, unless the failure is due to
circumstances beyond the | 1074 |
|
individual's control, and a default and
final order may be entered | 1075 |
|
without the taking of testimony or
presentation of evidence. | 1076 |
| If the board finds that an individual
is impaired, the board | 1077 |
|
shall require the individual to submit to
care, counseling, or | 1078 |
|
treatment approved or designated by the
board, as a condition for | 1079 |
|
initial, continued, reinstated, or
renewed authority to practice. | 1080 |
|
The individual shall
be afforded
an opportunity to demonstrate to | 1081 |
|
the board that the individual can
begin or resume
the individual's | 1082 |
|
occupation in compliance with acceptable and
prevailing
standards | 1083 |
|
of care under the provisions of the individual's authority
to | 1084 |
|
practice. | 1085 |
| (H) The board shall investigate evidence that appears to
show | 1093 |
| that any person has violated any provision of this chapter
or
any | 1094 |
| rule of the board. Any person may report to the board any | 1095 |
|
information the person may have that appears to show a violation | 1096 |
|
of any provision of this chapter or rule of the board. In the | 1097 |
|
absence of bad faith, any person who reports such information or | 1098 |
|
who testifies before the board in any adjudication
conducted under | 1099 |
|
Chapter 119. of the Revised Code shall not be
liable for civil | 1100 |
|
damages as a result of the report or testimony. | 1101 |
| (1) Information received by the board pursuant to an | 1104 |
|
investigation is confidential and not subject to discovery in any | 1105 |
|
civil action, except that the board may disclose information to | 1106 |
|
law
enforcement officers and government entities investigating a | 1107 |
|
registered
nurse, licensed practical nurse, or dialysis
technician | 1108 |
|
or a person who may have engaged in the unauthorized practice of | 1109 |
|
nursing. No law enforcement officer or government entity with | 1110 |
|
knowledge of any information disclosed by the board pursuant to | 1111 |
|
this division
shall divulge the information to any other person or | 1112 |
|
government entity except
for the purpose of an adjudication by a | 1113 |
|
court or licensing or registration
board or officer to which the | 1114 |
|
person to whom the information relates is a
party. | 1115 |
| (K) When the board refuses to grant a license or
certificate | 1133 |
|
to an applicant, revokes a license or
certificate, or refuses to | 1134 |
|
reinstate a license or certificate, the board may
specify that its | 1135 |
|
action is permanent. An individual subject to permanent
action | 1136 |
|
taken by the board is forever ineligible to hold a license or | 1137 |
|
certificate of the type that was refused or revoked and the board | 1138 |
|
shall not
accept from the individual an application for | 1139 |
|
reinstatement of the license or
certificate or for a new license | 1140 |
|
or certificate. | 1141 |
| (L) No unilateral surrender of a nursing license,
certificate | 1142 |
| of authority, or dialysis technician certificate
issued
under this | 1143 |
|
chapter shall be effective unless accepted by
majority vote of
the | 1144 |
| board. No application for a nursing license,
certificate
of | 1145 |
| authority, or dialysis technician certificate
issued under this | 1146 |
|
chapter may be withdrawn without a majority vote
of the board. The | 1147 |
| board's
jurisdiction to take disciplinary
action under this | 1148 |
| section is not removed or
limited when an
individual has a license | 1149 |
| or certificate
classified as inactive or
fails to renew a license | 1150 |
| or certificate. | 1151 |
| (N)(1) Any person who enters
a prelicensure nursing
education | 1163 |
| program on or after June 1, 2003,
and who subsequently
applies | 1164 |
| under division (A) of section 4723.09
of the Revised Code
for | 1165 |
| licensure to practice as a
registered
nurse or as a licensed | 1166 |
|
practical nurse and any person who applies
under division (B) of | 1167 |
|
that section for license by endorsement to
practice nursing as a | 1168 |
|
registered nurse or as a licensed practical
nurse shall submit a | 1169 |
|
request to the bureau of
criminal
identification and investigation | 1170 |
|
for the bureau to conduct a
criminal records check of the | 1171 |
|
applicant and to send the results to
the board, in accordance with | 1172 |
|
section 4723.09 of the Revised Code. | 1173 |
| The board shall refuse to grant a license to practice
nursing | 1174 |
|
as a registered nurse or as a licensed practical nurse
under | 1175 |
|
section 4723.09 of the Revised Code to a person who entered a | 1176 |
|
prelicensure nursing education program on or after June 1, 2003, | 1177 |
|
and applied under division (A) of section 4723.09 of the Revised | 1178 |
|
Code for the license or a person who applied under division (B) of | 1179 |
|
that section for the license, if the
criminal records check | 1180 |
|
performed in accordance with division (C) of
that section | 1181 |
|
indicates that the person has pleaded guilty to, been
convicted | 1182 |
|
of, or has had a judicial finding of guilt for violating
section | 1183 |
|
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02,
2907.03, | 1184 |
|
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code
or a | 1185 |
|
substantially similar law of another state, the United
States, or | 1186 |
|
another country. | 1187 |
| The board shall refuse to issue a certificate to
practice as | 1195 |
|
a dialysis technician under section 4723.75 of the
Revised Code to | 1196 |
|
a person who entered a dialysis training program on or after June | 1197 |
|
1, 2003, and whose criminal records check performed in
accordance | 1198 |
|
with division (C) of that section indicates that the
person has | 1199 |
|
pleaded guilty to, been convicted of, or has had a
judicial | 1200 |
|
finding of guilt for violating section 2903.01, 2903.02,
2903.03, | 1201 |
|
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,
2911.01, or | 1202 |
|
2911.11 of the Revised Code or a substantially similar
law of | 1203 |
|
another state, the United States, or another country. | 1204 |
| (2) Nursing associations shall report to the board the
name | 1228 |
|
of any registered nurse or licensed practical nurse and dialysis | 1229 |
|
technician associations shall report to the board the name of any | 1230 |
|
dialysis
technician who has
been investigated and found to | 1231 |
|
constitute a danger to the public
health, safety, and welfare | 1232 |
|
because of conduct that would be
grounds for disciplinary action | 1233 |
|
by the board under section
4723.28 of the Revised Code, except | 1234 |
|
that an
association is
not required to report the individual's | 1235 |
|
name if
the individual is
maintaining satisfactory participation | 1236 |
|
in a peer support program
approved by the board under rules | 1237 |
|
adopted under section 4723.07
of the Revised Code. | 1238 |
| Community health worker associations shall report to the | 1239 |
| board the name of any certified community health worker who has | 1240 |
| been investigated and found to constitute a danger to the public | 1241 |
| health, safety, and welfare because of conduct that would be | 1242 |
| grounds for disciplinary action by the board under section 4723.86 | 1243 |
| of the Revised Code, except that an association is not required to | 1244 |
| report the individual's name if the individual is maintaining | 1245 |
| satisfactory participation in a peer support program approved by | 1246 |
| the board under rules adopted under section 4723.07 of the Revised | 1247 |
| Code. | 1248 |
| Medication aide associations shall report to the board the | 1249 |
| name of any medication aide who has been investigated and found to | 1250 |
| constitute a danger to the public health, safety, and welfare | 1251 |
| because of conduct that would be grounds for disciplinary action | 1252 |
| by the board under section 4723.652 of the Revised Code, except | 1253 |
| that an association is not required to report the individual's | 1254 |
| name if the individual is maintaining satisfactory participation | 1255 |
| in a peer support program approved by the board under rules | 1256 |
| adopted under section 4723.69 of the Revised Code. | 1257 |
| (3) If the prosecutor in a case described in divisions
(B)(3) | 1258 |
to (5)and (4) of section 4723.28 of the Revised Code, or in a | 1259 |
|
case
where the trial court issued an order of dismissal upon | 1260 |
|
technical
or procedural grounds of a charge of a misdemeanor | 1261 |
|
committed in
the course of practice, a felony charge, or a charge | 1262 |
|
of gross
immorality or moral turpitude, knows or has reason to | 1263 |
|
believe that
the person charged is licensed under this chapter to | 1264 |
|
practice
nursing as a registered nurse or as a licensed practical | 1265 |
|
nurse or
holds a certificate issued under this chapter
to practice | 1266 |
| as a
dialysis technician, the prosecutor shall notify
the board of | 1267 |
|
nursing. With regard to certified community health workers and | 1268 |
| medication aides, if the prosecutor in a case involving a charge | 1269 |
| of a misdemeanor committed in the course of employment, a felony | 1270 |
| charge, or a charge of gross immorality or moral turpitude, | 1271 |
| including a case dismissed on technical or procedural grounds, | 1272 |
| knows or has reason to believe that the person charged holds a | 1273 |
| community health worker or medication aide certificate issued | 1274 |
| under this chapter, the prosecutor shall notify the board. | 1275 |
| (B) Upon the criminal conviction of a licensee or any | 1353 |
|
employee,
manager, officer, director, shareholder, member, or | 1354 |
|
partner of a licensee for
a
violation of this chapter, the | 1355 |
|
superintendent of financial institutions
may suspend the license | 1356 |
|
of the licensee without a prior hearing to protect the
public | 1357 |
|
interest and subsequently may act to revoke the license of the | 1358 |
licensee
pursuant to
chapterChapter 119. of the Revised Code. | 1359 |
| (C) Upon the criminal conviction of a licensee or any | 1360 |
|
employee,
manager, officer, director, shareholder, member, or | 1361 |
|
partner of a licensee
under any section in Title XXIX of the | 1362 |
|
Revised Code or under federal law
for theft, receiving stolen | 1363 |
|
property, or money laundering, the superintendent
may suspend the | 1364 |
|
license of the licensee without a prior hearing to protect the | 1365 |
|
public
interest and subsequently may act to revoke the license of | 1366 |
the licensee
pursuant to
chapterChapter 119. of the Revised Code. | 1367 |
| Sec. 4728.13. (A) No person, firm, partnership, corporation, | 1379 |
| or association,
and no agent, officer, or employee thereof, shall | 1380 |
| violate this chapter.
The division of financial institutions upon | 1381 |
| a criminal conviction for a violation of this chapter
shall revoke | 1382 |
| any license theretofore issued to the person, firm, partnership, | 1383 |
|
corporation, or association. The division also may revoke or | 1384 |
| suspend the
license of any licensee in accordance with section | 1385 |
| 4728.03 of the Revised Code
upon a criminal conviction of or plea | 1386 |
of guilty by the licensee for any felonycriminal offense or crime | 1387 |
involving moral turpitudesubstantially related to the profession | 1388 |
| of precious metals dealer. | 1389 |
| Sec. 4729.16. (A) The state board of pharmacy, after
notice | 1403 |
| and hearing in accordance with Chapter 119. of the
Revised Code, | 1404 |
| may revoke, suspend, limit, place on probation, or
refuse to grant | 1405 |
| or renew an identification card, or may impose a monetary
penalty | 1406 |
| or forfeiture not to
exceed in severity any fine designated under | 1407 |
| the Revised Code
for
a similar offense, or in the case of a | 1408 |
| violation of a section of
the Revised Code that does not bear a | 1409 |
| penalty, a monetary
penalty
or forfeiture of not more than five | 1410 |
| hundred dollars, if the board
finds a pharmacist or pharmacy | 1411 |
| intern: | 1412 |
| (1) That if the applicant has been convicted of a
violation | 1480 |
| of any federal, state, or local law relating to drug
samples, | 1481 |
| wholesale or retail drug distribution, or distribution
of | 1482 |
controlled substances or of a felonycriminal offense | 1483 |
| substantially related to the profession of wholesale distributor | 1484 |
| of dangerous drugs, or if a federal, state,
or local governmental | 1485 |
| entity has suspended or revoked any current
or prior license or | 1486 |
| registration of the applicant for the
manufacture or sale of any | 1487 |
| dangerous drugs, including controlled
substances, the applicant, | 1488 |
to the satisfaction of the board,
assures that hethe applicant | 1489 |
| has in place adequate safeguards
to prevent the recurrence of any | 1490 |
| such violations; | 1491 |
| (3) The applicant is equipped as to land, buildings, | 1495 |
|
equipment, and personnel to properly carry on the business of a | 1496 |
|
wholesale distributor of dangerous drugs, including providing | 1497 |
|
adequate security for and proper storage conditions and handling | 1498 |
|
for dangerous drugs, and is complying with the requirements under | 1499 |
|
this chapter and the rules adopted pursuant thereto for | 1500 |
|
maintaining and making available records to properly identified | 1501 |
|
board officials and federal, state, and local law enforcement | 1502 |
|
agencies. | 1503 |
| Sec. 4729.56. (A) In accordance with Chapter 119. of the | 1526 |
|
Revised Code, the board of pharmacy may suspend, revoke, or
refuse | 1527 |
| to renew any registration certificate issued to a
wholesale | 1528 |
| distributor of dangerous drugs pursuant to section
4729.52 of the | 1529 |
| Revised Code or may impose a monetary penalty or
forfeiture not to | 1530 |
| exceed in severity any fine designated under
the Revised Code for | 1531 |
| a similar offense or one thousand dollars if
the acts committed | 1532 |
| are not classified as an offense by the
Revised Code for any of | 1533 |
| the following causes: | 1534 |
| (C) If the board suspends, revokes, or refuses to renew
any | 1549 |
| registration certificate issued to a wholesale distributor of | 1550 |
|
dangerous drugs and determines that there is clear and convincing | 1551 |
|
evidence of a danger of immediate and serious harm to any person, | 1552 |
|
the board may place under seal all dangerous drugs owned by or in | 1553 |
|
the possession, custody, or control of the affected wholesale | 1554 |
|
distributor of dangerous drugs. Except as provided in this | 1555 |
|
division, the board shall not dispose of the dangerous drugs | 1556 |
|
sealed under this division until the wholesale distributor of | 1557 |
dangerous drugs exhausts all of histhe distributor's appeal | 1558 |
|
rights under Chapter 119. of the Revised Code. The court involved | 1559 |
| in such an
appeal
may order the board, during the pendency of the | 1560 |
| appeal, to sell
sealed dangerous drugs that are perishable. The | 1561 |
| board shall
deposit the proceeds of the sale with the court. | 1562 |
| (B) The board, by an affirmative
vote of not fewer than
six | 1574 |
|
members, shall, to the extent permitted by law, limit,
revoke, or | 1575 |
|
suspend an individual's certificate to
practice, refuse to | 1576 |
|
register an individual, refuse
to reinstate a certificate, or | 1577 |
|
reprimand or place on
probation the
holder of a certificate for | 1578 |
|
one or more of the following reasons: | 1579 |
| (3) Selling, giving away, personally furnishing,
prescribing, | 1588 |
| or
administering drugs for other than legal and
legitimate | 1589 |
| therapeutic purposes
or a plea of guilty to, a judicial
finding of | 1590 |
| guilt of, or a
judicial finding of eligibility for
intervention in | 1591 |
|
lieu of conviction
of, a violation of any federal
or state law | 1592 |
| regulating the possession,
distribution, or use of
any drug; | 1593 |
| For purposes of this division, "willfully betraying a | 1595 |
|
professional
confidence" does not include providing any | 1596 |
|
information, documents, or reports
to a child fatality review | 1597 |
|
board under sections 307.621 to 307.629 of the
Revised Code and | 1598 |
|
does not include the making of a report of an
employee's use of a | 1599 |
|
drug of abuse, or a report of a condition of
an employee other | 1600 |
|
than one involving the use of a drug of abuse,
to the employer of | 1601 |
|
the employee as described in division (B) of
section 2305.33 of | 1602 |
|
the Revised Code.
Nothing in this division
affects the immunity | 1603 |
|
from
civil liability conferred by that section upon a physician | 1604 |
|
who
makes either type of report in accordance with division (B) of | 1605 |
|
that section. As used in this division, "employee," "employer," | 1606 |
|
and "physician" have the same meanings as in section 2305.33 of | 1607 |
|
the Revised Code. | 1608 |
| As used in this division, "false, fraudulent, deceptive, or | 1616 |
|
misleading statement" means a statement that includes a | 1617 |
|
misrepresentation of fact, is likely to mislead or deceive
because | 1618 |
|
of a failure to disclose material facts, is intended or
is likely | 1619 |
|
to create false or unjustified expectations of
favorable results, | 1620 |
|
or includes representations or implications
that in reasonable | 1621 |
|
probability will cause an ordinarily prudent
person to | 1622 |
|
misunderstand or be deceived. | 1623 |
(18)(14) Subject to section 4731.226 of the Revised Code, | 1664 |
|
violation of
any provision of a code of ethics
of the American | 1665 |
|
medical association, the American osteopathic
association, the | 1666 |
|
American podiatric medical association, or any
other national | 1667 |
|
professional organizations that
the board specifies by
rule. The | 1668 |
|
state medical board shall
obtain and keep on file current copies | 1669 |
|
of the codes of ethics of
the various national professional | 1670 |
|
organizations. The
individual whose certificate is being
suspended | 1671 |
| or
revoked
shall not be found to have violated any
provision of a | 1672 |
| code of
ethics of an organization not appropriate
to the | 1673 |
|
individual's profession. | 1674 |
| For purposes of this division, a "provision of a code
of | 1675 |
|
ethics of a national professional organization" does not
include | 1676 |
|
any provision that would preclude the making of a
report by a | 1677 |
|
physician of an employee's use of a drug of abuse, or
of a | 1678 |
|
condition of an employee other than one involving the use of
a | 1679 |
|
drug of abuse, to the employer of the employee as described in | 1680 |
|
division (B) of section 2305.33 of the Revised Code. Nothing
in | 1681 |
|
this division affects the
immunity from civil liability conferred | 1682 |
|
by that section upon a
physician who makes either type of report | 1683 |
|
in accordance with
division (B) of that section. As used in this | 1684 |
|
division,
"employee," "employer," and "physician" have the same | 1685 |
|
meanings as
in section 2305.33 of the Revised Code. | 1686 |
| In enforcing this division, the board, upon a
showing of a | 1692 |
|
possible violation, may compel any individual
authorized to | 1693 |
|
practice by this chapter or
who has
submitted an application | 1694 |
|
pursuant to this chapter
to submit to a mental examination, | 1695 |
|
physical
examination, including an HIV test, or both a mental
and | 1696 |
|
a physical
examination. The expense of the
examination is the | 1697 |
|
responsibility of the individual compelled to be
examined.
Failure | 1698 |
|
to submit to a mental or physical examination
or consent
to an HIV | 1699 |
|
test ordered by the board
constitutes an admission of
the | 1700 |
|
allegations against the
individual
unless the failure is due
to | 1701 |
|
circumstances beyond the individual's control,
and a default
and | 1702 |
|
final order may be entered without the taking
of testimony or | 1703 |
|
presentation of evidence. If the board finds an
individual unable | 1704 |
|
to practice because of the reasons
set forth in
this division, the | 1705 |
|
board shall require the individual
to submit to
care, counseling, | 1706 |
|
or treatment by physicians approved or
designated by the board, as | 1707 |
|
a condition for initial, continued,
reinstated, or renewed | 1708 |
|
authority to practice. An
individual
affected under this division | 1709 |
|
shall be
afforded an opportunity to demonstrate to the board the | 1710 |
|
ability to
resume practice in compliance with acceptable and | 1711 |
|
prevailing
standards under the provisions of the individual's | 1712 |
|
certificate.
For the
purpose of this division, any individual who | 1713 |
|
applies for or receives a certificate to
practice under this | 1714 |
|
chapter accepts the privilege of
practicing in
this state and, by | 1715 |
|
so doing, shall be
deemed to have given consent to submit to a | 1716 |
|
mental or
physical examination when directed to do so in writing | 1717 |
|
by the
board, and to have waived all objections to the | 1718 |
|
admissibility of
testimony or examination reports that constitute | 1719 |
|
a privileged
communication. | 1720 |
| This division does not apply to a violation or attempted | 1727 |
|
violation of, assisting in or abetting the violation of, or a | 1728 |
|
conspiracy to violate, any provision of this chapter or any rule | 1729 |
|
adopted by the board that would preclude the making
of a
report by | 1730 |
|
a physician of an employee's use of a drug of abuse, or
of a | 1731 |
|
condition of an employee other than one involving the use of
a | 1732 |
|
drug of abuse, to the employer of the employee as described in | 1733 |
|
division (B) of section 2305.33 of the Revised Code. Nothing
in | 1734 |
|
this division affects the
immunity from civil liability conferred | 1735 |
|
by that section upon a
physician who makes either type of report | 1736 |
|
in accordance with
division (B) of that section. As used in this | 1737 |
|
division,
"employee," "employer," and "physician" have the same | 1738 |
|
meanings as
in section 2305.33 of the Revised Code. | 1739 |
(22)(18) Any of the following actions taken by the agency | 1743 |
|
responsible for regulating the practice of medicine and surgery, | 1744 |
|
osteopathic
medicine and surgery, podiatric medicine and surgery, | 1745 |
|
or the limited branches of medicine in
another jurisdiction, for | 1746 |
|
any reason other than the
nonpayment of fees: the
limitation, | 1747 |
|
revocation, or suspension of an individual's license
to practice; | 1748 |
|
acceptance of an
individual's license surrender; denial of a | 1749 |
|
license; refusal to
renew or reinstate
a license; imposition of | 1750 |
|
probation; or
issuance of an order of censure or other reprimand; | 1751 |
| For the purposes of this division, any individual authorized | 1775 |
|
to practice
by this chapter accepts
the privilege of
practicing in | 1776 |
|
this state subject to supervision by the board. By
filing an | 1777 |
|
application for or
holding a
certificate to practice under this | 1778 |
|
chapter, an
individual shall
be deemed to have given consent to | 1779 |
|
submit to a mental or
physical examination when ordered to do so | 1780 |
|
by the board in
writing, and to have waived all objections to the | 1781 |
|
admissibility
of testimony or examination reports that constitute | 1782 |
|
privileged
communications. | 1783 |
| If it has reason to believe that any individual authorized to | 1784 |
|
practice by
this chapter or any applicant for
certification to | 1785 |
|
practice suffers such impairment, the board may compel
the | 1786 |
|
individual to submit to a mental or physical examination, or
both. | 1787 |
|
The expense of the examination is the
responsibility of the | 1788 |
|
individual
compelled to be examined. Any
mental or physical | 1789 |
|
examination required under this division shall
be undertaken by a | 1790 |
|
treatment provider or physician who is qualified to
conduct the | 1791 |
|
examination and who is chosen by the
board. | 1792 |
| Failure to submit to a mental or physical
examination ordered | 1793 |
|
by the board constitutes an admission of the
allegations against | 1794 |
|
the individual unless the failure is due to
circumstances beyond | 1795 |
|
the individual's control, and a default and
final order may be | 1796 |
|
entered without the taking of testimony or
presentation of | 1797 |
|
evidence. If the board determines that the
individual's ability
to | 1798 |
| practice is impaired, the board shall
suspend the individual's | 1799 |
|
certificate or deny the
individual's application and shall require | 1800 |
|
the individual, as a condition for initial, continued,
reinstated, | 1801 |
|
or renewed certification to practice, to
submit to treatment. | 1802 |
| When the impaired practitioner resumes practice, the board | 1824 |
|
shall
require continued
monitoring of the individual. The | 1825 |
|
monitoring shall include, but not be
limited to, compliance with | 1826 |
|
the written consent agreement entered
into before reinstatement or | 1827 |
|
with conditions imposed by board
order after a hearing, and, upon | 1828 |
|
termination of the consent
agreement, submission to the board for | 1829 |
|
at least two years of
annual written progress reports made under | 1830 |
|
penalty of perjury
stating whether the individual has maintained | 1831 |
|
sobriety. | 1832 |
(34)(30) Failure to cooperate in an investigation conducted | 1869 |
| by
the board under division (F) of this section, including
failure | 1870 |
| to
comply with a subpoena or order issued by the board
or failure | 1871 |
| to
answer truthfully a question presented by the
board at a | 1872 |
|
deposition or in written interrogatories, except that
failure to | 1873 |
|
cooperate with an investigation shall not constitute
grounds for | 1874 |
|
discipline under this section if a court of
competent jurisdiction | 1875 |
|
has issued an order that either quashes a
subpoena or permits the | 1876 |
|
individual to withhold the testimony or
evidence in issue; | 1877 |
| (C) Disciplinary actions taken by the board under divisions | 1886 |
|
(A) and (B) of this section shall be taken pursuant to an | 1887 |
|
adjudication under Chapter 119. of the Revised Code, except that | 1888 |
|
in lieu of an
adjudication, the board may enter into a consent | 1889 |
|
agreement with an
individual to resolve an allegation of a | 1890 |
|
violation of this chapter or any rule
adopted under it. A consent | 1891 |
|
agreement, when ratified by an
affirmative vote of not fewer than | 1892 |
|
six members of the board,
shall constitute the findings and order | 1893 |
|
of the board with
respect to the matter addressed in the | 1894 |
|
agreement. If the board
refuses to ratify a consent agreement,
the | 1895 |
| admissions and
findings contained in the consent agreement
shall | 1896 |
| be of no force
or effect. | 1897 |
| If the board takes disciplinary action against an individual | 1898 |
|
under division (B) of this section for a second or subsequent plea | 1899 |
|
of guilty to, or judicial finding of guilt of, a violation of | 1900 |
|
section 2919.123 of the Revised Code, the disciplinary action | 1901 |
|
shall consist of a suspension of the individual's certificate to | 1902 |
|
practice for a period of at least one year or, if determined | 1903 |
|
appropriate by the board, a more serious sanction involving the | 1904 |
|
individual's certificate to practice. Any consent agreement | 1905 |
|
entered into under this division with an individual that pertains | 1906 |
|
to a second or subsequent plea of guilty to, or judicial finding | 1907 |
|
of guilt of, a violation of that section shall provide for a | 1908 |
|
suspension of the individual's certificate to practice for a | 1909 |
|
period of at least one year or, if determined appropriate by the | 1910 |
|
board, a more serious sanction involving the individual's | 1911 |
|
certificate to practice. | 1912 |
(D) For purposes of divisionsdivision (B)(10), (12), and | 1913 |
(14) of
this
section, the commission of the act may be established | 1914 |
| by a
finding by the board, pursuant to an adjudication under | 1915 |
|
Chapter
119. of the Revised Code, that the individual committed | 1916 |
the act.
The board
does not have jurisdiction under those | 1917 |
divisionsthat division if
the
trial court renders a final | 1918 |
| judgment in the individual's favor and
that judgment is based upon | 1919 |
| an
adjudication on
the merits. The
board has jurisdiction under | 1920 |
those
divisionsthat division if the trial court
issues an order | 1921 |
| of
dismissal upon technical or procedural grounds. | 1922 |
| (E) The sealing of conviction records by any court shall
have | 1923 |
|
no effect upon a prior board order entered under this section
or | 1924 |
| upon the board's jurisdiction to take action under this section | 1925 |
|
if,
based upon a plea of guilty,
a judicial finding of guilt, or a | 1926 |
|
judicial finding of eligibility for intervention in
lieu of | 1927 |
|
conviction, the board issued a notice of opportunity for
a hearing | 1928 |
|
prior to the court's order to seal the records. The
board shall | 1929 |
|
not be required to seal, destroy, redact, or
otherwise modify its | 1930 |
|
records to reflect the court's sealing of
conviction records. | 1931 |
| (F)(1) The board shall investigate evidence that appears
to | 1932 |
|
show that a person has violated any provision of this
chapter or | 1933 |
|
any rule adopted under it. Any person may report to the board
in
a | 1934 |
| signed writing
any information that the person may have that | 1935 |
|
appears to show a
violation of any provision of this chapter or | 1936 |
|
any rule
adopted under it. In the absence of bad
faith, any
person | 1937 |
| who reports information of that nature or who testifies
before the | 1938 |
| board in any adjudication conducted under
Chapter 119.
of the | 1939 |
| Revised Code shall not be liable
in damages in a civil
action as a | 1940 |
| result of the report or
testimony. Each
complaint or
allegation of | 1941 |
| a violation received by the
board shall be assigned
a case number | 1942 |
| and shall be recorded by
the board. | 1943 |
| (3) In investigating a possible violation of
this chapter or | 1953 |
|
any rule adopted
under this chapter, the board
may administer | 1954 |
|
oaths, order the taking of depositions, issue
subpoenas, and | 1955 |
|
compel the attendance of witnesses and production
of books, | 1956 |
|
accounts, papers, records, documents, and testimony, except
that a | 1957 |
|
subpoena for patient record information shall not be issued | 1958 |
|
without
consultation with the attorney general's office and | 1959 |
|
approval of
the secretary and supervising member
of the board. | 1960 |
|
Before issuance of a
subpoena for patient record information, the | 1961 |
|
secretary and supervising member shall
determine
whether there is | 1962 |
|
probable cause to believe that the complaint filed alleges a | 1963 |
|
violation of this chapter or any rule adopted under it and that | 1964 |
|
the records
sought are relevant
to the alleged violation and | 1965 |
|
material to the investigation.
The subpoena may apply only to | 1966 |
|
records that cover a
reasonable period of time surrounding the | 1967 |
|
alleged violation. | 1968 |
| A subpoena issued by the board may be served by a sheriff, | 1973 |
|
the sheriff's deputy, or a board employee designated by the
board. | 1974 |
|
Service of a subpoena issued by the board may be
made by | 1975 |
|
delivering a copy of the subpoena to the
person named therein, | 1976 |
|
reading it to the person, or leaving it at
the person's usual | 1977 |
|
place of residence. When the person being
served is a person
whose | 1978 |
| practice is authorized by this chapter,
service of the
subpoena | 1979 |
| may be made by certified mail,
restricted delivery,
return receipt | 1980 |
| requested, and the subpoena
shall be deemed served
on the date | 1981 |
| delivery is made or the date
the person refuses to
accept | 1982 |
| delivery. | 1983 |
| The board shall conduct all investigations and proceedings
in | 1995 |
|
a manner that protects the
confidentiality of patients and persons | 1996 |
|
who file complaints with the
board. The
board shall not make | 1997 |
|
public the names or any other identifying
information about | 1998 |
|
patients or complainants unless proper consent is
given or, in the | 1999 |
|
case of a patient, a
waiver of the patient privilege exists under | 2000 |
|
division (B) of
section 2317.02 of the Revised Code, except that | 2001 |
|
consent
or a waiver of that nature is not required if the board | 2002 |
|
possesses reliable and
substantial evidence that no bona fide | 2003 |
|
physician-patient
relationship exists. | 2004 |
| The board may
share any information it receives pursuant to | 2005 |
|
an investigation, including
patient records and patient record | 2006 |
|
information, with law
enforcement agencies, other licensing | 2007 |
|
boards, and other
governmental
agencies that are prosecuting, | 2008 |
|
adjudicating, or investigating alleged
violations of statutes or | 2009 |
|
administrative rules. An agency
or board that receives the | 2010 |
|
information shall comply with the same
requirements regarding | 2011 |
|
confidentiality as those with which the state medical
board must | 2012 |
|
comply, notwithstanding any conflicting provision
of the Revised | 2013 |
|
Code or procedure
of the agency or board that applies when it is | 2014 |
|
dealing with
other information in its possession. In a judicial | 2015 |
|
proceeding,
the information
may
be admitted into evidence only in | 2016 |
|
accordance with
the Rules of Evidence, but the court shall require | 2017 |
|
that appropriate measures are taken to ensure that
confidentiality | 2018 |
|
is maintained with respect to any part of the information that | 2019 |
|
contains names or other identifying information about patients or | 2020 |
|
complainants
whose confidentiality was protected by the state | 2021 |
|
medical board when the
information was in the board's possession. | 2022 |
|
Measures to ensure confidentiality
that may be taken by the court | 2023 |
|
include sealing its records or deleting
specific information
from | 2024 |
|
its records. | 2025 |
| The board shall issue a written order of suspension by | 2055 |
|
certified mail or in person in accordance with section 119.07 of | 2056 |
|
the Revised Code. The order shall not be subject to
suspension
by | 2057 |
|
the court during pendency of any appeal filed under section
119.12 | 2058 |
|
of the Revised Code. If the individual
subject to the summary | 2059 |
|
suspension requests
an adjudicatory hearing by the board, the date | 2060 |
|
set for the
hearing shall be within fifteen days, but not earlier | 2061 |
|
than seven
days, after the individual
requests the hearing,
unless | 2062 |
|
otherwise agreed to by both the board and the individual. | 2063 |
| Any summary suspension imposed under this division shall | 2064 |
|
remain in effect, unless reversed on appeal, until a final | 2065 |
|
adjudicative order issued by the board pursuant to this section | 2066 |
|
and Chapter 119. of the Revised Code becomes effective. The
board | 2067 |
|
shall issue its final adjudicative order within sixty days
after | 2068 |
|
completion of its hearing. A failure to issue the order
within | 2069 |
|
sixty days shall result in dissolution of the summary
suspension | 2070 |
|
order but shall not invalidate any subsequent, final
adjudicative | 2071 |
|
order. | 2072 |
(H) If the board takes action under division
(B)(9), (11),
or | 2073 |
(13) of this section and the judicial
finding of guilt, guilty | 2074 |
|
plea, or judicial finding of
eligibility for intervention in lieu | 2075 |
|
of conviction is
overturned on appeal,
upon
exhaustion of the | 2076 |
|
criminal appeal, a petition for reconsideration
of the order may | 2077 |
|
be filed with the board along with appropriate
court documents. | 2078 |
|
Upon receipt of a petition of that
nature and supporting court | 2079 |
|
documents, the board shall reinstate the
individual's certificate | 2080 |
|
to practice. The
board may then hold an adjudication under
Chapter | 2081 |
| 119. of the Revised Code to
determine whether the
individual | 2082 |
|
committed
the act in question. Notice of an
opportunity for a | 2083 |
| hearing
shall be given in accordance with
Chapter 119. of the | 2084 |
| Revised Code. If the
board finds, pursuant to
an adjudication held | 2085 |
| under this division,
that the individual
committed
the act or if | 2086 |
|
no hearing is requested, the board may
order any of the sanctions | 2087 |
|
identified under division (B) of this
section. | 2088 |
| (I) The certificate to practice issued to an individual
under | 2089 |
|
this chapter and the individual's practice in this
state are | 2090 |
|
automatically suspended as of the date of the individual's second | 2091 |
|
or subsequent plea of guilty to, or judicial finding of guilt of, | 2092 |
|
a violation of section 2919.123 of the Revised Code, or the date | 2093 |
| the individual pleads
guilty to, is found by a judge
or jury to be | 2094 |
| guilty of, or is
subject to a judicial
finding of eligibility for | 2095 |
| intervention in
lieu of conviction in this state
or treatment or | 2096 |
| intervention in
lieu of conviction in another
jurisdiction for
any | 2097 |
| of the
following
criminal offenses in this state or a | 2098 |
|
substantially
equivalent criminal offense in another jurisdiction: | 2099 |
| aggravated
murder, murder, voluntary
manslaughter, felonious | 2100 |
| assault,
kidnapping, rape, sexual
battery, gross sexual | 2101 |
| imposition,
aggravated arson, aggravated
robbery, or aggravated | 2102 |
| burglary.
Continued
practice after suspension shall be considered | 2103 |
| practicing
without a certificate. | 2104 |
| (J) If the board is required by
Chapter 119. of the Revised | 2122 |
|
Code to give notice of an
opportunity for a hearing and if the | 2123 |
|
individual subject to the notice
does not timely request a
hearing | 2124 |
|
in accordance with section
119.07 of the Revised Code, the board | 2125 |
|
is not required
to hold a hearing, but may adopt, by an | 2126 |
|
affirmative vote of
not fewer than
six of its members, a final | 2127 |
|
order that contains the board's
findings. In that final order,
the | 2128 |
| board may order any of the
sanctions identified under division
(A) | 2129 |
| or (B) of this section. | 2130 |
| (L) When the board
refuses to grant a certificate to an | 2139 |
|
applicant,
revokes an individual's
certificate to practice, | 2140 |
|
refuses to register an applicant, or
refuses to reinstate an | 2141 |
|
individual's certificate to practice,
the board may specify that | 2142 |
|
its action is permanent. An
individual subject to a permanent | 2143 |
|
action taken by the board is
forever thereafter ineligible to hold | 2144 |
|
a certificate to practice
and the board shall not accept an | 2145 |
|
application for reinstatement of the
certificate or for issuance | 2146 |
|
of a new certificate. | 2147 |
| (O) Under the board's investigative duties described in
this | 2172 |
|
section and subject to division (F) of this section, the
board | 2173 |
|
shall
develop and implement a quality intervention program | 2174 |
|
designed to improve
through remedial
education the clinical and | 2175 |
|
communication skills of individuals authorized
under this chapter | 2176 |
|
to practice medicine and surgery, osteopathic medicine and | 2177 |
|
surgery, and podiatric medicine and surgery. In
developing and | 2178 |
|
implementing the quality intervention program, the board may do | 2179 |
|
all of the following: | 2180 |
| Sec. 4731.224. (A) Within sixty days after the
imposition
of | 2204 |
| any formal disciplinary action
taken by any health care
facility, | 2205 |
| including a hospital,
health care facility operated by a
health | 2206 |
| insuring
corporation, ambulatory surgical center, or
similar | 2207 |
|
facility, against any individual holding a
valid
certificate to | 2208 |
| practice issued pursuant to this chapter, the chief
administrator | 2209 |
| or executive officer of the facility shall report
to
the state | 2210 |
| medical board the name of the
individual, the action
taken by the | 2211 |
| facility, and a summary of the
underlying facts
leading to the | 2212 |
| action taken. Upon request, the board shall
be
provided certified | 2213 |
| copies of the patient records that
were the
basis for the | 2214 |
| facility's action. Prior to release to
the board,
the summary | 2215 |
| shall be approved by the peer review
committee that
reviewed the | 2216 |
| case or by the governing board
of
the facility. As
used in this | 2217 |
| division, "formal disciplinary
action" means any
action
resulting | 2218 |
| in the revocation,
restriction, reduction, or
termination of | 2219 |
| clinical privileges for
violations of professional
ethics, or for | 2220 |
| reasons of medical
incompetence, medical
malpractice, or drug or | 2221 |
| alcohol abuse.
"Formal disciplinary
action" includes a summary | 2222 |
| action,
an action that takes effect
notwithstanding any appeal | 2223 |
| rights
that may exist, and an action
that results in an individual | 2224 |
|
surrendering clinical privileges
while under investigation and | 2225 |
|
during proceedings regarding the
action being taken or in return | 2226 |
|
for not being investigated or
having proceedings held. "Formal | 2227 |
|
disciplinary action" does not
include any
action taken
for the | 2228 |
| sole reason of failure to
maintain records on a timely
basis or | 2229 |
| failure to attend staff or
section meetings. | 2230 |
| (B) If any individual authorized to practice under
this | 2239 |
|
chapter or any professional
association or society of such | 2240 |
|
individuals
believes that a violation of any provision of this | 2241 |
|
chapter,
Chapter 4730., 4760., or 4762. of the Revised Code, or | 2242 |
|
any
rule of the
board has
occurred, the individual, association, | 2243 |
|
or
society shall report to the board the information upon
which | 2244 |
|
the belief is based. This division does not require any treatment | 2245 |
|
provider approved by the board under section 4731.25 of
the | 2246 |
|
Revised Code or any employee, agent, or representative of
such a | 2247 |
|
provider to make reports with respect to an impaired
practitioner | 2248 |
|
participating in treatment or aftercare for
substance abuse as | 2249 |
|
long as the
practitioner maintains participation in accordance | 2250 |
|
with the
requirements of section 4731.25 of the Revised Code, and | 2251 |
|
as
long as the treatment provider
or employee, agent, or | 2252 |
|
representative of the provider has no reason to
believe that the | 2253 |
|
practitioner has violated any provision of this
chapter or any | 2254 |
|
rule adopted under it, other than the provisions of
division | 2255 |
(B)(26)(22) of section
4731.22 of the Revised Code. This division | 2256 |
|
does not require
reporting by any member of an impaired | 2257 |
|
practitioner committee
established by a health care facility or by | 2258 |
|
any
representative or agent of a committee or program sponsored by | 2259 |
|
a professional
association or society of
individuals authorized to | 2260 |
|
practice under this chapter
to provide peer
assistance to | 2261 |
|
practitioners with substance abuse problems with
respect to a | 2262 |
|
practitioner who has been referred for examination
to a treatment | 2263 |
|
program approved by the board under section
4731.25 of the Revised | 2264 |
|
Code if the practitioner cooperates with
the referral for | 2265 |
|
examination and with any determination that the
practitioner | 2266 |
|
should enter treatment and as long as the committee member, | 2267 |
|
representative, or agent has no reason to believe that the | 2268 |
|
practitioner has ceased to participate in the treatment program
in | 2269 |
|
accordance with section 4731.25 of the Revised Code or has | 2270 |
|
violated any provision of this chapter or any rule
adopted under | 2271 |
it,
other than the provisions
of division (B)(26)(22) of section | 2272 |
|
4731.22 of the Revised Code. | 2273 |
| (C) Any professional association or society composed | 2274 |
|
primarily of
doctors
of medicine and surgery, doctors of | 2275 |
|
osteopathic medicine and
surgery, doctors of podiatric medicine | 2276 |
|
and surgery, or
practitioners of limited
branches of medicine that | 2277 |
|
suspends or
revokes an individual's membership for violations
of | 2278 |
|
professional ethics, or for reasons of professional
incompetence | 2279 |
|
or professional malpractice, within sixty days after
a final | 2280 |
|
decision shall report to the board, on forms prescribed
and | 2281 |
|
provided by the board, the name of the individual,
the action | 2282 |
|
taken by the professional organization, and a
summary of the | 2283 |
|
underlying facts
leading to the action taken. | 2284 |
| (E) The board may investigate possible violations of this | 2305 |
|
chapter or the rules adopted under it that are brought to its | 2306 |
|
attention as a result of the
reporting
requirements of this | 2307 |
|
section, except that the board shall
conduct an investigation if a | 2308 |
|
possible violation involves repeated
malpractice. As
used in this | 2309 |
|
division, "repeated malpractice" means three or
more claims for | 2310 |
|
medical malpractice within the previous five-year
period, each | 2311 |
|
resulting in a judgment or settlement in excess of
twenty-five | 2312 |
|
thousand dollars in favor of the claimant, and each
involving | 2313 |
|
negligent conduct by the practicing
individual. | 2314 |
| (F) All summaries, reports, and records received and | 2315 |
|
maintained by the board pursuant to this section shall be held in | 2316 |
|
confidence and shall not be subject to discovery or introduction | 2317 |
|
in evidence in any federal or state civil action involving a | 2318 |
|
health care professional or facility arising out of matters
that | 2319 |
|
are the subject of the reporting required by this
section. The | 2320 |
|
board may use the
information obtained only as the basis for an | 2321 |
|
investigation, as
evidence in a disciplinary hearing against an | 2322 |
|
individual whose practice is regulated under this chapter, or in | 2323 |
|
any
subsequent trial or appeal of a
board action or order. | 2324 |
| (I) In the absence of fraud or bad faith, no professional | 2346 |
|
association or society of individuals authorized to practice under | 2347 |
|
this chapter that
sponsors a committee or program to provide peer | 2348 |
|
assistance to
practitioners with substance abuse problems, no | 2349 |
|
representative or
agent of such a committee or program, and no | 2350 |
|
member of the state
medical board shall be held liable in damages | 2351 |
|
to any person by
reason of actions taken to refer a practitioner | 2352 |
|
to a treatment
provider approved under section 4731.25 of the | 2353 |
|
Revised Code for
examination or treatment. | 2354 |
| Sec. 4731.225. If the holder of a certificate issued under | 2355 |
| this
chapter violates division (A), (B), or (C) of section 4731.66 | 2356 |
| or section
4731.69 of the Revised Code, or if any other person | 2357 |
| violates division (B) or
(C) of section 4731.66 or
section 4731.69 | 2358 |
| of the Revised Code, the state medical board, pursuant to an | 2359 |
|
adjudication under Chapter
119. of the Revised Code and an | 2360 |
| affirmative vote of not fewer
than six of its members, shall: | 2361 |
| Sec. 4731.226. (A)(1) An individual whom the state medical | 2368 |
| board
licenses, certificates, or otherwise legally authorizes to | 2369 |
| engage in the
practice of medicine and surgery, osteopathic | 2370 |
| medicine and
surgery, or podiatric medicine and surgery may render | 2371 |
| the
professional services of a doctor of medicine and surgery, | 2372 |
|
osteopathic medicine and surgery, or podiatric medicine and | 2373 |
|
surgery within this state through a corporation formed under | 2374 |
|
division (B) of section 1701.03 of the Revised
Code, a limited | 2375 |
| liability
company formed under Chapter 1705. of the Revised
Code, | 2376 |
| a partnership, or a professional association formed under
Chapter | 2377 |
| 1785. of the Revised Code. Division
(A)(1) of this section
does | 2378 |
| not preclude an individual of that nature from rendering | 2379 |
|
professional services as a doctor of medicine and surgery, | 2380 |
|
osteopathic medicine and surgery, or podiatric medicine and | 2381 |
|
surgery through another form of business entity, including, but | 2382 |
|
not limited to, a nonprofit corporation or foundation, or in | 2383 |
|
another manner that is authorized by or in accordance with
this | 2384 |
| chapter, another chapter of the Revised Code, or rules
of the | 2385 |
| state medical board adopted pursuant to this chapter. | 2386 |
| (2) An individual
whom the state medical board authorizes to | 2387 |
| engage in the practice of
mechanotherapy may render the | 2388 |
| professional services of a
mechanotherapist within this state | 2389 |
| through a corporation formed
under division (B) of section
1701.03 | 2390 |
| of the Revised
Code, a limited liability
company formed under | 2391 |
| Chapter
1705. of the Revised
Code, a partnership, or a | 2392 |
|
professional association formed under
Chapter 1785. of the
Revised | 2393 |
|
Code. Division
(A)(2) of this section does not
preclude an | 2394 |
| individual of that nature from rendering
professional services as | 2395 |
| a mechanotherapist through another form
of business entity, | 2396 |
| including, but not limited to, a nonprofit
corporation or | 2397 |
| foundation, or in another manner that is
authorized by or in | 2398 |
| accordance with this chapter, another
chapter of the Revised
Code, | 2399 |
| or rules of
the state medical board adopted pursuant to this | 2400 |
| chapter. | 2401 |
| (1) A doctor of
medicine and surgery, osteopathic medicine | 2431 |
| and surgery, or
podiatric medicine and surgery from engaging in | 2432 |
| the doctor's
authorized practice in combination with a person who | 2433 |
| is
licensed, certificated, or otherwise legally authorized to | 2434 |
|
engage in the practice of optometry, chiropractic, psychology, | 2435 |
| nursing,
pharmacy, physical therapy, or mechanotherapy, but
who is | 2436 |
| not also licensed, certificated, or otherwise legally authorized | 2437 |
| to
practice medicine and surgery, osteopathic medicine and | 2438 |
| surgery,
or podiatric medicine and surgery. | 2439 |
| (2) A
mechanotherapist from engaging in the practice of | 2440 |
| mechanotherapy
in combination with a person who is licensed, | 2441 |
| certificated, or
otherwise legally authorized to engage in the | 2442 |
| practice of
optometry, chiropractic, psychology, nursing, | 2443 |
| pharmacy, physical
therapy, medicine and surgery, osteopathic | 2444 |
| medicine and surgery,
or podiatric medicine and surgery, but who | 2445 |
| is not also licensed,
certificated, or otherwise legally | 2446 |
| authorized to engage in the
practice of mechanotherapy. | 2447 |
| Sec. 4731.25. The state medical board, in accordance with | 2448 |
|
Chapter 119. of the Revised Code, shall adopt and may amend and | 2449 |
|
rescind rules establishing standards for approval of physicians | 2450 |
|
and facilities as treatment providers for impaired practitioners | 2451 |
|
who are regulated under this chapter or Chapter 4730., 4760.,
or | 2452 |
| 4762. of the Revised Code.
The rules shall include standards for | 2453 |
| both inpatient and
outpatient treatment. The rules shall provide | 2454 |
| that in order to
be approved, a treatment provider must have the | 2455 |
| capability of
making an initial examination to determine what type | 2456 |
| of treatment
an impaired practitioner requires. Subject to the | 2457 |
| rules, the
board shall review and approve treatment providers on a | 2458 |
| regular
basis. The board, at its discretion, may withdraw or deny | 2459 |
|
approval subject to the rules. | 2460 |
| (H) Report the identity of any practitioner practicing
under | 2490 |
| the terms of an aftercare contract to hospital
administrators, | 2491 |
| medical chiefs of staff, and chairpersons of
impaired practitioner | 2492 |
| committees of all health care
institutions at
which the | 2493 |
| practitioner holds clinical privileges or otherwise
practices. If | 2494 |
| the
practitioner does not hold clinical privileges at any health | 2495 |
| care
institution, the treatment provider shall report the | 2496 |
|
practitioner's identity to the impaired practitioner
committee of | 2497 |
| the county medical society, osteopathic academy, or podiatric | 2498 |
|
medical association in every county in which the practitioner | 2499 |
|
practices. If there are no impaired practitioner
committees in the | 2500 |
|
county, the treatment provider shall report the practitioner's | 2501 |
|
identity to the president or other designated member of the
county | 2502 |
| medical society, osteopathic academy, or podiatric medical | 2503 |
|
association. | 2504 |
| In the absence of fraud or bad faith, no person or | 2512 |
|
organization that conducts an approved impaired practitioner | 2513 |
|
treatment program, no member of such an organization,
and no | 2514 |
| employee, representative, or agent of the treatment
provider shall | 2515 |
| be held liable in damages to any person by reason
of actions taken | 2516 |
| or recommendations made by the treatment
provider or its | 2517 |
| employees, representatives, or agents. | 2518 |
| Sec. 4733.20. (A)
Pursuant to this section, the state
board | 2584 |
|
of registration for
professional engineers and surveyors may
fine, | 2585 |
|
revoke, suspend,
refuse to renew,
or
limit the
registration, or | 2586 |
|
reprimand,
place on probation,
deny an applicant the
opportunity | 2587 |
|
to sit for an
examination or to have an examination scored, or | 2588 |
|
impose any
combination of
these disciplinary measures on any | 2589 |
|
applicant or
registrant, or revoke the
certificate of | 2590 |
|
authorization
of
any holder found
to be or to have been
engaged
in | 2591 |
| any
one or more of the following
acts or practices: | 2592 |
| (D)
The board may investigate any registrant or holder of a | 2621 |
|
certificate of authorization to determine whether the registrant | 2622 |
|
or
certificate holder is or has been engaged in any one or more of | 2623 |
|
the acts
or practices listed in division (A) of this section. The | 2624 |
|
board,
by subpoena, may compel witnesses to appear and testify in | 2625 |
|
relation to any investigation under this chapter and may require, | 2626 |
|
by subpoena duces tecum, the production and copying of any book, | 2627 |
|
paper, or document pertaining to an investigation. If a person | 2628 |
|
fails to comply with the subpoena or subpoena duces tecum, the | 2629 |
|
board may apply to the Franklin county court of common pleas for | 2630 |
|
an order compelling the person to comply or, for the failure to do | 2631 |
|
so, to be
held in contempt of court. | 2632 |
| (E)
If the board
determines there is cause to believe that
an | 2633 |
| applicant,
registrant, or
a holder of a certificate of | 2634 |
|
authorization is or
has been engaged in any
act or practice listed | 2635 |
|
in division (A) of
this section, the board
shall issue a written | 2636 |
|
charge and notify
the applicant, registrant, or
certificate
holder | 2637 |
|
of the right to
an adjudication hearing, in accordance with | 2638 |
|
Chapter
119. of the
Revised Code. If the accused
applicant, | 2639 |
|
registrant, or
holder of
a certificate of
authorization fails or | 2640 |
|
refuses to appear,
or does
not request a hearing
within the time | 2641 |
|
period specified in Chapter
119. of the Revised Code, the
board | 2642 |
|
may
determine the validity of the
charge and
issue
an
adjudication | 2643 |
| order in accordance with Chapter 119. of the Revised
Code. | 2644 |
| (G) Any
applicant, registrant, or
certificate
holder | 2660 |
|
aggrieved by any action of
the board in
fining
the registrant or | 2661 |
|
denying, suspending, refusing to
renew, or
revoking
the | 2662 |
|
registrant's registration or
a
certificate of authorization,
or | 2663 |
|
denying an applicant the
opportunity to take an examination or to | 2664 |
|
have an examination
scored may
appeal such action to the proper | 2665 |
|
court under
section
119.12 of the Revised Code. | 2666 |
| Sec. 4734.31. (A) The
state
chiropractic board may
take
any | 2675 |
| of the
actions specified in division (B) of this section
against | 2676 |
| an individual who has applied for or holds a license to
practice | 2677 |
| chiropractic in this state if any of the reasons
specified in | 2678 |
|
division (C) of this section for taking action
against an | 2679 |
| individual
are applicable. Except as provided in
division (D) of | 2680 |
| this section,
actions taken against an individual
shall be taken | 2681 |
| in accordance with
Chapter 119. of the Revised
Code. The board may | 2682 |
| specify that any action it takes is
a
permanent action. The | 2683 |
| board's authority to take action against an
individual is not | 2684 |
| removed or limited by the individual's failure
to renew a
license. | 2685 |
(8)(4) Failure to
cooperate in an investigation conducted by | 2729 |
|
the board, including
failure to comply with a subpoena or order | 2730 |
|
issued by the board
or failure to answer truthfully a question | 2731 |
|
presented by the
board at a deposition or in written | 2732 |
|
interrogatories, except that
failure to cooperate with an | 2733 |
|
investigation shall not constitute
grounds for discipline under | 2734 |
|
this section if the board or a court of
competent jurisdiction has | 2735 |
|
issued an order that either quashes a
subpoena or permits the | 2736 |
|
individual to withhold the testimony or
evidence in issue; | 2737 |
(11)(7) Aiding, abetting, assisting, counseling, or | 2748 |
| conspiring
with any person in that person's violation of any | 2749 |
| provision of
this chapter or the rules adopted under it, including | 2750 |
| the
practice
of chiropractic without a license, or aiding, | 2751 |
| abetting,
assisting,
counseling, or conspiring with any person in | 2752 |
| that
person's
unlicensed practice of any other health care | 2753 |
| profession
that has
licensing requirements; | 2754 |
(20)(16) Failing to maintain proper, accurate, and legible | 2785 |
|
records in the English language documenting each
patient's care, | 2786 |
|
including, as appropriate, records of the
following: dates of | 2787 |
|
treatment, services rendered, examinations,
tests, x-ray reports, | 2788 |
|
referrals, and the diagnosis or clinical
impression and clinical | 2789 |
|
treatment plan provided to the patient; | 2790 |
| (4) In lieu of an
adjudication, the board may enter into a | 2872 |
|
consent agreement with an
individual to resolve an allegation of a | 2873 |
|
violation of this chapter or any rule
adopted under it. A consent | 2874 |
|
agreement, when ratified by
the board,
shall constitute the | 2875 |
|
findings and order of the board with
respect to the matter | 2876 |
|
addressed in the agreement. If the board
refuses to ratify a | 2877 |
|
consent agreement, the admissions and
findings contained in the | 2878 |
|
consent agreement shall be of no force
or effect. | 2879 |
| (E)
This section does not require the board to hire, | 2880 |
|
contract with, or retain
the services of an expert witness when | 2881 |
|
the board takes action against a
chiropractor concerning | 2882 |
|
compliance with acceptable and prevailing standards of
care. As | 2883 |
|
part of an action taken concerning compliance with acceptable and | 2884 |
|
prevailing standards of care, the board may rely on the
knowledge | 2885 |
|
of its members for purposes of making a determination of | 2886 |
|
compliance,
notwithstanding any expert testimony presented by
the | 2887 |
|
chiropractor that contradicts the knowledge and opinions of
the | 2888 |
|
members of the board. | 2889 |
| (F) The sealing of conviction records by a court
shall have | 2890 |
|
no effect on a prior board order entered under this
section or on | 2891 |
|
the board's jurisdiction to take action under this
section if, | 2892 |
|
based on a plea of guilty, a judicial finding of
guilt, or a | 2893 |
|
judicial finding of eligibility for intervention in
lieu of | 2894 |
|
conviction, the board issued a notice of opportunity for a hearing | 2895 |
|
prior to the court's order to seal the records. The
board shall | 2896 |
|
not be required to seal, destroy, redact, or
otherwise modify its | 2897 |
|
records to reflect the court's sealing of
conviction records. | 2898 |
| Sec. 4734.39. (A) For purposes of the state chiropractic | 2914 |
board's
enforcement of division (C)(16)(12) or (17)(13) of section | 2915 |
| 4734.31
of the Revised Code, an
individual who
applies for or | 2916 |
| receives a
license
under this chapter accepts the privilege of | 2917 |
|
practicing
chiropractic in
this state and, by so doing, shall be | 2918 |
|
deemed to
have given consent to submit to a mental or
physical | 2919 |
| examination
when directed to do so in writing by the
board in its | 2920 |
| enforcement
of those divisions, and to have waived all objections | 2921 |
|
to the
admissibility of
testimony or examination reports that | 2922 |
| constitute
a privileged
communication. | 2923 |
| (B) If the board has reason to believe that a chiropractor
or | 2924 |
applicant suffers an impairment described in division (C)(16)(12) | 2925 |
or (17)(13)
of section 4734.31 of the Revised Code, the board
may | 2926 |
|
compel the individual to submit to a mental or physical | 2927 |
|
examination, or
both. The expense of the examination is the | 2928 |
|
responsibility of the individual
compelled to be examined. Any | 2929 |
|
mental or physical examination required under this section shall | 2930 |
|
be undertaken by a provider who is qualified to
conduct the | 2931 |
|
examination and who is chosen by the
board. | 2932 |
| If the board determines that an
individual's ability to | 2938 |
|
practice is impaired, the board shall
suspend the individual's | 2939 |
|
license or deny the
individual's application and shall require
the | 2940 |
|
individual, as a condition for initial, continued,
reinstated, | 2941 |
|
restored, or renewed certification to practice, to
submit to care, | 2942 |
|
counseling, or treatment. | 2943 |
| (C) Before being eligible to apply for reinstatement of a | 2944 |
license suspended under division (C)(16)(12) of section 4734.31 of | 2945 |
| the
Revised Code or
the chemical dependency provisions of division | 2946 |
(C)(17)(13) of section
4731.34 of the Revised Code, the
impaired | 2947 |
|
individual shall
demonstrate to the board the ability
to resume | 2948 |
|
practice in
compliance with acceptable and prevailing standards of | 2949 |
|
care in
the practice of chiropractic. If rules have been adopted | 2950 |
|
under section
4734.40 of the Revised Code, the demonstration shall | 2951 |
|
include, but shall not be limited to, the following: | 2952 |
| When the impaired individual resumes practice, the board | 2967 |
|
shall
require continued
monitoring of the individual. The | 2968 |
|
monitoring shall include, but not be
limited to, compliance with | 2969 |
|
the written consent agreement entered
into before reinstatement or | 2970 |
|
with conditions imposed by board
order after a hearing, and, upon | 2971 |
|
termination of the consent
agreement, submission to the board for | 2972 |
|
at least two years of
annual written progress reports made under | 2973 |
|
penalty of perjury
stating whether the individual has maintained | 2974 |
|
sobriety. | 2975 |
| (2)(a) Has not been convicted of or pleaded guilty to a | 2986 |
felony or crime of
moral
turpitudecriminal offense that is | 2987 |
| substantially related to the practice of real estate broker, or if | 2988 |
| the applicant has been so convicted or so pleaded guilty,
the | 2989 |
|
superintendent has disregarded the conviction or guilty plea | 2990 |
| because the
applicant has proven to the superintendent, by a | 2991 |
| preponderance of
the evidence, that the applicant's activities and | 2992 |
| employment
record since the
conviction or guilty plea show that | 2993 |
| the applicant is honest,
truthful, and
of good reputation, and | 2994 |
| there is no basis in fact
for believing that the
applicant again | 2995 |
| will violate the laws
involved; | 2996 |
| (b) Has not been finally adjudged by a court to have
violated | 2997 |
| any municipal, state, or federal civil rights laws
relevant to the | 2998 |
| protection of purchasers or sellers of real
estate
or, if the | 2999 |
| applicant has been so adjudged, at least
two years have
passed | 3000 |
| since the court decision and the superintendent has
disregarded | 3001 |
| the adjudication because the applicant has proven, by
a | 3002 |
| preponderance of the evidence, that the applicant's
activities
and | 3003 |
| employment record since the adjudication show that
the
applicant | 3004 |
| is honest, truthful, and of good reputation, and there
is
no basis | 3005 |
| in fact for believing that the applicant will again
violate the | 3006 |
| laws involved. | 3007 |
| (ii) Thirty hours of classroom instruction that includes
the | 3030 |
|
subjects of Ohio real estate law, municipal, state, and
federal | 3031 |
|
civil rights law, new case law on housing discrimination, | 3032 |
|
desegregation issues, and methods of eliminating the effects of | 3033 |
|
prior discrimination. If feasible, the classroom instruction in | 3034 |
|
Ohio real estate law shall be taught by a member of the faculty
of | 3035 |
|
an accredited law school. If feasible, the classroom
instruction | 3036 |
|
in municipal, state, and federal civil rights law,
new case law on | 3037 |
|
housing discrimination, desegregation issues, and
methods of | 3038 |
|
eliminating the effects of prior discrimination shall
be taught by | 3039 |
|
a staff member of the Ohio civil rights commission
who is | 3040 |
|
knowledgeable with respect to those subjects. The
requirements of | 3041 |
|
this division do not apply to an applicant who is
admitted to | 3042 |
|
practice before the supreme court. | 3043 |
| (ii) Forty hours of classroom instruction that includes the | 3061 |
|
subjects of Ohio real estate law, municipal, state, and federal | 3062 |
|
civil rights law, new case law on housing discrimination, | 3063 |
|
desegregation
issues, and methods of
eliminating the effects of | 3064 |
|
prior discrimination. If feasible, the classroom
instruction in | 3065 |
|
Ohio
real estate law shall be taught by a member of the faculty of | 3066 |
|
an
accredited law school. If feasible, the classroom instruction | 3067 |
|
in
municipal, state, and federal civil rights law, new case law on | 3068 |
|
housing discrimination, desegregation issues, and methods of | 3069 |
|
eliminating the effects of prior discrimination shall be taught by | 3070 |
|
a staff member of the Ohio civil rights commission who is | 3071 |
|
knowledgeable with respect to those subjects. The requirements of | 3072 |
|
this
division do not apply to an
applicant who is admitted to | 3073 |
|
practice before the supreme court. | 3074 |
| (7) If licensed as a real estate salesperson on or
after | 3087 |
|
January 3, 1984, satisfactorily has completed a minimum of two | 3088 |
|
years of post-secondary education, or its equivalent in semester | 3089 |
|
or quarter hours, at an institution of higher education, and has | 3090 |
|
fulfilled the requirements of division (B)(6)(a) or (b) of
this | 3091 |
|
section.
The requirements of division (B)(6)(a) or (b) of this | 3092 |
|
section
may be
included in the two years of post-secondary | 3093 |
|
education, or its
equivalent in semester or quarter hours, that is | 3094 |
|
required by this
division. | 3095 |
| (C) Each applicant for a broker's license shall be
examined | 3096 |
|
in the principles of real estate practice, Ohio real
estate law, | 3097 |
|
and financing and appraisal, and as to the duties of
real estate | 3098 |
|
brokers and real estate salespersons, the
applicant's knowledge of | 3099 |
|
real estate transactions and instruments relating to
them, and the | 3100 |
|
canons of business ethics pertaining to them. The
commission from | 3101 |
|
time to time shall promulgate such canons and
cause them to be | 3102 |
|
published in printed form. | 3103 |
| (D) Examinations shall be administered with reasonable | 3104 |
|
accommodations in
accordance with
the requirements of the | 3105 |
|
"Americans with Disabilities
Act of 1990," 104 Stat. 327, 42 | 3106 |
|
U.S.C. 12101. The contents of an examination shall be
consistent | 3107 |
|
with the requirements of division (B)(6) of this
section and with | 3108 |
|
the other specific requirements of this section.
An applicant who | 3109 |
|
has completed the requirements of division
(B)(6) of this section | 3110 |
|
at the time of application
shall be
examined no later than
twelve | 3111 |
|
months after the
applicant is notified of admission to the | 3112 |
|
examination. | 3113 |
| (G)(1) No later than twelve months after the date of
issue
of | 3121 |
| a real estate broker's license to a licensee, the licensee
shall | 3122 |
|
submit proof satisfactory to the superintendent, on forms
made | 3123 |
|
available by the superintendent, of the completion of ten
hours of | 3124 |
|
classroom instruction in real estate brokerage
at an
institution | 3125 |
|
of higher education or any other institution that is
approved by | 3126 |
|
the commission. That instruction shall include, but
not be limited | 3127 |
|
to, current issues in managing a real estate
company or office. | 3128 |
| If the required proof of completion is not
submitted to the | 3129 |
|
superintendent within
twelve months of the
date a license is | 3130 |
|
issued under this section, the
license of the real estate broker | 3131 |
|
is suspended
automatically without the taking of any action by the | 3132 |
|
superintendent. The broker's
license shall not be reactivated by | 3133 |
|
the
superintendent until it is established,
to the satisfaction of | 3134 |
|
the superintendent, that the requirements
of this division have | 3135 |
|
been met and that the licensee is in compliance with
this chapter. | 3136 |
|
A licensee's license is revoked automatically without the
taking | 3137 |
|
of any action by the superintendent if the licensee fails to | 3138 |
|
submit
proof of completion of the education requirements specified | 3139 |
|
under division (G)(1) of this section within twelve months of the | 3140 |
|
date the license is suspended. | 3141 |
| Sec. 4735.09. (A) Application for a license as a real
estate | 3162 |
| salesperson shall be made to the
superintendent of real
estate on | 3163 |
| forms furnished by the
superintendent and
signed
by the
applicant. | 3164 |
| The application shall be in the
form prescribed by the | 3165 |
|
superintendent and shall contain such
information as is required | 3166 |
|
by this chapter and the rules of the
Ohio real estate commission. | 3167 |
|
The application shall be
accompanied by the
recommendation of the | 3168 |
|
real estate broker with whom the
applicant is associated or with | 3169 |
|
whom the applicant
intends to be associated, certifying
that the | 3170 |
|
applicant is honest, truthful, and of good reputation,
has not | 3171 |
been convicted of or pleaded guilty to a felony or a crime | 3172 |
involving moral
turpitudecriminal offense that is substantially | 3173 |
| related to the practice of real estate broker,
and has not been | 3174 |
| finally adjudged by a court to have
violated any
municipal, state, | 3175 |
| or federal civil rights laws
relevant to the
protection of | 3176 |
| purchasers or sellers of real
estate, which
conviction, guilty | 3177 |
| plea, or adjudication the applicant has not
disclosed to the | 3178 |
|
superintendent, and recommending that the
applicant be admitted to | 3179 |
|
the real estate salesperson examination. | 3180 |
| (B) A fee of forty-nine dollars shall
accompany the | 3181 |
|
application, which fee
includes the fee for the
initial year of | 3182 |
|
the licensing period, if a license
is
issued.
The application
fee | 3183 |
| shall be retained by the
superintendent if
the applicant is | 3184 |
|
admitted to the examination for
the license or
the examination | 3185 |
|
requirement is waived, but, if an
applicant is
not so admitted and | 3186 |
|
a waiver is not involved,
one-half of the fee
shall be retained by | 3187 |
|
the superintendent to
cover the expenses of
processing the | 3188 |
|
application and the other
one-half shall be
returned to the | 3189 |
|
applicant. A fee of
forty-nine
dollars shall be
charged by the | 3190 |
|
superintendent for each successive
application
made by the | 3191 |
|
applicant.
Four
dollars of each
application fee shall
be credited | 3192 |
|
to the real
estate education and
research fund. | 3193 |
| If the superintendent, with the consent of the commission, | 3202 |
|
enters into an agreement with a national testing service to | 3203 |
|
administer the real estate salesperson's examination,
the | 3204 |
|
superintendent may require an applicant to pay the testing | 3205 |
|
service's examination
fee directly to the testing service. If the | 3206 |
|
superintendent
requires the payment of the examination fee | 3207 |
|
directly to the
testing service, each applicant shall submit
to | 3208 |
|
the superintendent a processing fee in an amount determined by the | 3209 |
|
Ohio real estate commission pursuant to division (A)(1) of
section | 3210 |
|
4735.10 of the Revised Code. | 3211 |
| (E) The superintendent shall issue a real estate | 3212 |
|
salesperson's license when satisfied that the
applicant has | 3213 |
|
received
a passing score on
each portion of the
salesperson's | 3214 |
|
examination as determined by rule by the real estate
commission, | 3215 |
|
except that the superintendent may waive one or more of
the | 3216 |
|
requirements of this
section in the case of an applicant who is a | 3217 |
|
licensed
real estate salesperson in another state
pursuant to a | 3218 |
|
reciprocity agreement with the licensing authority of
the
state | 3219 |
|
from which the applicant holds a valid real estate salesperson's | 3220 |
|
license. | 3221 |
| (2)(a) Has not been convicted of or pleaded guilty to a | 3226 |
felony or crime of
moral
turpitudecriminal offense that is | 3227 |
| substantially related to the practice of salesperson or, if the | 3228 |
| applicant has been so convicted or so pleaded guilty,
the | 3229 |
|
superintendent has disregarded the conviction or guilty plea | 3230 |
| because the
applicant has proven to the superintendent, by a | 3231 |
| preponderance of
the evidence, that the applicant's activities and | 3232 |
| employment
record since the
conviction or guilty plea show that | 3233 |
| the applicant is honest,
truthful, and
of good
reputation, and | 3234 |
| there is no basis in fact
for believing that the
applicant again | 3235 |
| will violate the laws
involved; | 3236 |
| (b) Has not been finally adjudged by a court to have
violated | 3237 |
| any municipal, state, or federal civil rights laws
relevant to the | 3238 |
| protection of purchasers or sellers of real
estate
or, if the | 3239 |
| applicant has been so adjudged, at least
two years have
passed | 3240 |
| since the court decision and the superintendent has
disregarded | 3241 |
| the adjudication because the applicant has proven, by
a | 3242 |
| preponderance of the evidence, that the applicant is
honest, | 3243 |
|
truthful, and of good reputation, and there is no basis in fact | 3244 |
|
for
believing
that the applicant again will violate the laws | 3245 |
|
involved. | 3246 |
| (ii) Thirty hours of classroom instruction that includes
the | 3261 |
|
subjects of Ohio real estate law, municipal, state, and
federal | 3262 |
|
civil rights law, new case law on housing discrimination, | 3263 |
|
desegregation issues, and methods of eliminating the effects of | 3264 |
|
prior discrimination. If feasible, the classroom instruction in | 3265 |
|
Ohio real estate law shall be taught by a member of the faculty
of | 3266 |
|
an accredited law school. If feasible, the classroom
instruction | 3267 |
|
in municipal, state, and federal civil rights law,
new case law on | 3268 |
|
housing discrimination, desegregation issues, and
methods of | 3269 |
|
eliminating the effects of prior discrimination shall
be taught by | 3270 |
|
a staff member of the Ohio civil rights commission
who is | 3271 |
|
knowledgeable with respect to those subjects. The
requirements of | 3272 |
|
this division do not apply to an applicant who is
admitted to | 3273 |
|
practice before the supreme court. | 3274 |
| (b) Forty hours of classroom instruction that includes the | 3292 |
|
subjects of Ohio real estate law, municipal, state, and federal | 3293 |
|
civil rights law, new case law on housing discrimination, | 3294 |
|
desegregation
issues, and methods of
eliminating the effects of | 3295 |
|
prior discrimination. If feasible, the
classroom instruction in | 3296 |
|
Ohio real estate law shall be
taught by a member of the faculty of | 3297 |
|
an accredited law school. If
feasible, the classroom instruction | 3298 |
|
in municipal, state, and
federal civil rights law, new case law on | 3299 |
|
housing discrimination,
desegregation issues, and methods of | 3300 |
|
eliminating the effects of
prior discrimination shall be taught by | 3301 |
|
a staff member of the Ohio
civil rights commission who is | 3302 |
|
knowledgeable with respect to those subjects.
The requirements of | 3303 |
|
this division do not apply to an applicant who is admitted to | 3304 |
|
practice
before the supreme court. | 3305 |
| (G) No later than twelve months after the date of issue of a | 3310 |
|
real estate salesperson license to a licensee, the licensee shall | 3311 |
|
submit
proof satisfactory to the superintendent, on forms made | 3312 |
|
available by the
superintendent, of completion, at
an
institution | 3313 |
|
of higher education or any other institution approved
by the | 3314 |
|
commission, of ten hours of classroom instruction in real
estate | 3315 |
|
courses that cover current issues regarding consumers,
real estate | 3316 |
|
practice, ethics, and real estate law. | 3317 |
| If proof of completion of the required
instruction is not | 3318 |
|
submitted within twelve months of the date a license is
issued | 3319 |
|
under this
section, the licensee's license is suspended | 3320 |
|
automatically without the
taking of any action by the | 3321 |
|
superintendent. The
superintendent
immediately shall notify the | 3322 |
|
broker with whom such
salesperson is associated of the suspension | 3323 |
|
of the
salesperson's license. A salesperson whose license
has
been | 3324 |
| suspended under this division shall have twelve
months after
the | 3325 |
| date of
the suspension of the salesperson's license to submit | 3326 |
|
proof of
successful completion of the
instruction required under | 3327 |
|
this division. No such license shall be reactivated
by the | 3328 |
|
superintendent until it is established, to the satisfaction of
the | 3329 |
|
superintendent, that the requirements of this division have
been | 3330 |
|
met and that the licensee is in compliance with this chapter. A | 3331 |
|
licensee's license is revoked automatically without the taking of | 3332 |
|
any action
by the superintendent when the licensee fails to submit | 3333 |
|
the required proof of
completion of the education
requirements | 3334 |
|
under division (G) of this section within twelve months
of the | 3335 |
|
date the license is suspended. | 3336 |
| (H) Examinations shall be administered with reasonable | 3337 |
|
accommodations in
accordance with
the requirements of the | 3338 |
|
"Americans with Disabilities
Act of 1990," 104 Stat. 327, 42 | 3339 |
|
U.S.C. 12101. The contents of an
examination shall be
consistent | 3340 |
|
with the classroom instructional requirements of
division (F)(6) | 3341 |
|
or (7) of this section. An applicant who
has
completed the | 3342 |
|
classroom instructional requirements of division
(F)(6) or (7) of | 3343 |
|
this section at the time of
application shall
be
examined no later | 3344 |
|
than
twelve months after the
applicant is notified of the | 3345 |
|
applicant's admission to
the examination. | 3346 |
| Sec. 4735.13. (A) The license of a real estate broker
shall | 3350 |
|
be prominently displayed in the office or place of business
of the | 3351 |
|
broker, and no license shall authorize the licensee to do
business | 3352 |
|
except from the location specified in it.
If the broker maintains | 3353 |
|
more than one place of business within the
state, the broker shall | 3354 |
|
apply for and procure a duplicate license for
each branch office | 3355 |
|
maintained by the broker. Each branch office shall be
in the | 3356 |
|
charge of a licensed broker or salesperson. The branch office | 3357 |
|
license shall be prominently displayed at the branch office | 3358 |
|
location. | 3359 |
| (B) The license of each real estate salesperson shall
be | 3360 |
|
mailed to and remain in the possession of the licensed broker
with | 3361 |
|
whom the salesperson is or is to be associated until
the licensee | 3362 |
|
places the license on inactive status or
until the salesperson | 3363 |
|
leaves the
brokerage or is terminated. The broker shall
keep each | 3364 |
|
salesperson's license in a way that it can, and shall
on request, | 3365 |
|
be
made immediately available for public inspection at the office | 3366 |
|
or
place of business of the broker. Except as provided in
| 3367 |
| divisions
(G) and (H) of this section, immediately upon the | 3368 |
| salesperson's
leaving the
association or termination of the | 3369 |
|
association of a
real estate salesperson with the
broker, the | 3370 |
| broker shall return
the salesperson's
license to the | 3371 |
| superintendent of real estate. | 3372 |
| (C) Any licensee who is convicted of or pleads guilty to a | 3380 |
felony or a crime
involving moral turpitudecriminal offense that | 3381 |
| is substantially related to the practice of real estate broker or | 3382 |
| salesperson or of violating any federal, state, or
municipal civil | 3383 |
| rights law pertaining to discrimination in
housing, or any court | 3384 |
| that issues a finding of an unlawful
discriminatory practice | 3385 |
| pertaining to housing accommodations
described in division (H) of | 3386 |
| section 4112.02 of the Revised Code
or that convicts a licensee of | 3387 |
| a violation of any municipal civil
rights law pertaining to | 3388 |
| housing discrimination, shall notify the
superintendent of the | 3389 |
| conviction, guilty plea, or finding within fifteen days.
If a | 3390 |
| licensee fails to notify the superintendent within the
required | 3391 |
| time, the superintendent immediately may revoke the
license of the | 3392 |
| licensee. | 3393 |
| (E) If a real estate broker desires to associate
with
another | 3405 |
| real estate broker in the capacity of a real estate
salesperson, | 3406 |
| the broker shall apply to
the superintendent to
deposit the | 3407 |
| broker's real estate
broker's license with the
superintendent and | 3408 |
| for the
issuance of a real estate salesperson's
license. The | 3409 |
|
application shall be made on a form prescribed by
the | 3410 |
| superintendent and
shall be accompanied by the recommendation
of | 3411 |
| the real estate
broker with whom the applicant intends to
become | 3412 |
| associated and a
fee of twenty-five dollars for the real
estate | 3413 |
|
salesperson's license. Four dollars of
the fee
shall be
credited | 3414 |
| to the real estate
education and research fund. If the | 3415 |
|
superintendent is satisfied
that the applicant is honest, | 3416 |
|
truthful, and of good reputation,
has not been convicted of or | 3417 |
pleaded guilty to a
felony or a crime involving moral
turpitude | 3418 |
| criminal offense that is substantially related to the practice of | 3419 |
| real estate broker or salesperson, and has not been
finally | 3420 |
| adjudged by a court to have
violated any municipal, state,
or | 3421 |
| federal civil rights laws
relevant to the protection of
purchasers | 3422 |
| or sellers of real
estate, and that the association of
the real | 3423 |
| estate broker and
the applicant will be in the public
interest, | 3424 |
| the superintendent
shall grant the application and issue
a real | 3425 |
| estate
salesperson's license to the applicant. Any license
so | 3426 |
| deposited with the superintendent
shall be subject to this | 3427 |
|
chapter. A broker who intends to deposit
the
broker's license
with | 3428 |
| the superintendent, as provided in this section,
shall give | 3429 |
|
written notice of this fact in a format prescribed by the | 3430 |
|
superintendent to all
salespersons associated with the broker when | 3431 |
|
applying to place the broker's license on deposit. | 3432 |
| (F) If a real estate broker desires to become a member or | 3433 |
|
officer of a partnership, association, limited liability company, | 3434 |
|
limited
liability partnership, or corporation that is or
intends | 3435 |
|
to become a licensed real estate broker, the broker
shall notify | 3436 |
|
the superintendent of the broker's intentions.
The notice of | 3437 |
|
intention shall be on a form prescribed by the superintendent
and | 3438 |
|
shall be
accompanied by a fee of twenty-five dollars. Four
dollars | 3439 |
| of the
fee shall be credited to the real estate education
and | 3440 |
| research
fund. | 3441 |
| No real estate broker who is a member or officer of a | 3442 |
|
partnership, association, limited liability company, limited | 3443 |
|
liability
partnership, or corporation that is a licensed real | 3444 |
|
estate broker shall perform any acts as a real estate broker
other | 3445 |
|
than as the agent of the partnership, association, limited | 3446 |
|
liability
company, limited liability partnership, or
corporation, | 3447 |
|
and such broker shall not have any real estate
salespersons | 3448 |
|
associated with the
broker. | 3449 |
| (G) If a real estate broker or salesperson enters the
armed | 3450 |
|
forces, the broker or salesperson may place
the broker's or | 3451 |
|
salesperson's license on deposit with the Ohio real
estate | 3452 |
|
commission. The licensee shall not be required to renew the | 3453 |
|
license
until the renewal
date that follows the date of
discharge | 3454 |
|
from the armed forces. Any
license deposited with the
commission | 3455 |
|
shall be
subject to this chapter. Any licensee whose
license is
on | 3456 |
|
deposit under this division and who fails to meet
the
continuing | 3457 |
|
education requirements of section 4735.141 of the
Revised Code | 3458 |
|
because the licensee is in the armed forces shall
satisfy the | 3459 |
|
commission that the licensee has complied with the
continuing | 3460 |
|
education requirements
within twelve months of the
licensee's | 3461 |
| discharge. The
commission shall
notify the licensee of
the | 3462 |
| licensee's obligations under
section 4735.141 of the Revised
Code | 3463 |
| at the time the licensee
applies for reactivation of the | 3464 |
|
licensee's license. | 3465 |
| (2) A description of the applicant, including, if the | 3482 |
|
applicant is a partnership, unincorporated association, or any | 3483 |
|
similar form of business organization, the names and the
residence | 3484 |
| and business addresses of all partners, officers,
directors, | 3485 |
| trustees, or managers of the organization, and the
limitation of | 3486 |
| the liability of any partner or member; and if the
applicant is a | 3487 |
| corporation, a list of its officers and directors,
and the | 3488 |
| residence and business addresses of each, and, if it is a
foreign | 3489 |
| corporation, a copy of its articles of incorporation in
addition; | 3490 |
| (B) Every nonresident applicant shall name a person within | 3501 |
|
this state upon whom process against the applicant may be served | 3502 |
|
and shall give the complete residence and business address of the | 3503 |
|
person designated. Every applicant shall file an irrevocable | 3504 |
|
written consent, executed and acknowledged by an individual duly | 3505 |
|
authorized to give such consent, that actions growing out of a | 3506 |
|
fraud committed by the applicant in connection with the sale in | 3507 |
|
this state of foreign real estate may be commenced against it, in | 3508 |
|
the proper court of any county in this state in which a cause of | 3509 |
|
action for such fraud may arise or in which the plaintiff in such | 3510 |
|
action may reside, by serving on the secretary of state any
proper | 3511 |
| process or pleading authorized by the laws of this state,
in the | 3512 |
| event that the applicant if a resident of this state, or
the | 3513 |
| person designated by the nonresident applicant, cannot be
found at | 3514 |
| the address given. The consent shall stipulate that the
service of | 3515 |
| process on the secretary of state shall be taken in
all courts to | 3516 |
| be as valid and binding as if service had been made
upon the | 3517 |
| foreign real estate dealer. If the applicant is a
corporation or | 3518 |
| an unincorporated association, the consent shall
be accompanied by | 3519 |
| a certified copy of the resolution of the board
of directors, | 3520 |
| trustees, or managers of the corporation or
association, | 3521 |
| authorizing such individual to execute the consent. | 3522 |
| (C) The superintendent may investigate any applicant for a | 3523 |
dealer's license, and may require any additional information he | 3524 |
| the
superintendent considers necessary to determine the business | 3525 |
| repute and
qualifications of the applicant to act as a foreign | 3526 |
| real estate
dealer. If the application for a dealer's license | 3527 |
| involves
investigation outside this state, the superintendent may | 3528 |
| require
the applicant to advance sufficient funds to pay any of | 3529 |
| the
actual expenses of the investigation, and an itemized | 3530 |
| statement
of such expense shall be furnished to the applicant. | 3531 |
| (D) Every applicant shall take a written examination, | 3532 |
prescribed and conducted by the superintendent, which covers his | 3533 |
| the
applicant's knowledge of the principles of real estate | 3534 |
| practice, real
estate
law, financing and appraisal, real estate | 3535 |
| transactions and
instruments relating to them, canons of business | 3536 |
| ethics relating
to real estate transactions, and the duties of | 3537 |
foreign real
estate dealers and salesmensalespersons. The fee for | 3538 |
| the
examination, when administered by the superintendent, is | 3539 |
| seventy-five dollars.
If the applicant does not appear for the | 3540 |
| examination, the fee shall
be forfeited and a new application and | 3541 |
| fee shall be filed, unless
good cause for the failure to appear is | 3542 |
| shown to the
superintendent. The requirement of an examination may | 3543 |
| be waived
in whole or in part by the superintendent if an | 3544 |
| applicant is
licensed as a real estate broker by any state. | 3545 |
(1) Has not been convicted of or pleaded guilty to a felony | 3551 |
or a crime of moral
turpitudecriminal offense that is | 3552 |
| substantially related to the practice of foreign real estate | 3553 |
dealer or, if hethe applicant has been so convicted or so pleaded | 3554 |
| guilty, the
superintendent has disregarded the conviction or | 3555 |
| guilty plea because the applicant has proven
to the | 3556 |
superintendent, by a preponderance of the evidence, that histhe | 3557 |
|
applicant's activities and employment record since the conviction | 3558 |
or guilty plea show
that hethe applicant is honest, truthful, and | 3559 |
| of good
reputation,
and there is no
basis in fact for believing | 3560 |
that hethe applicant again will
violate the laws involved; | 3561 |
| (2) Has not been finally adjudged by a court to have
violated | 3562 |
| any municipal, state, or federal civil rights laws
relevant to the | 3563 |
protection of purchasers or sellers of real
estate or, if hethe | 3564 |
| applicant has been so adjudged, at least
two years have passed | 3565 |
| since the court decision and the superintendent has
disregarded | 3566 |
| the adjudication because the applicant has proven, by
a | 3567 |
preponderance of the evidence, that histhe applicant's
activities | 3568 |
and employment record since the adjudication show that hethe | 3569 |
| applicant is honest, truthful, and of good reputation, and there | 3570 |
is
no basis in fact
for believing that hethe applicant again will | 3571 |
| violate the laws
involved; | 3572 |
(3) Has not, during any period for which hethe applicant was | 3573 |
|
licensed under this chapter or any former section of the Revised | 3574 |
| Code
applicable to licensed foreign real estate dealers or | 3575 |
salesmensalespersons, violated any provision of, or any rule | 3576 |
adopted pursuant
to, this chapter or that section, or, if hethe | 3577 |
| applicant has
violated any
such provision or rule, has established | 3578 |
to the satisfaction of the
superintendent that hethe applicant | 3579 |
| will not again violate the
provision or rule. | 3580 |
| (F) If the superintendent finds that an applicant for a | 3581 |
|
license as a foreign real estate dealer, or each named member, | 3582 |
|
manager, or officer of a partnership, association, or corporate | 3583 |
|
applicant is at least eighteen years of age, is of good business | 3584 |
|
repute, has passed the examination required under this section or | 3585 |
|
has had the requirement of an examination waived, and appears | 3586 |
|
otherwise qualified, the superintendent shall issue a license to | 3587 |
|
the applicant to engage in business in this state as a foreign | 3588 |
|
real estate dealer. Dealers licensed pursuant to this section | 3589 |
shall employ as salesmensalespersons of foreign real estate
only | 3590 |
| persons
licensed pursuant to section 4735.28 of the Revised Code. | 3591 |
If at
any time such salesmensalespersons resign or are discharged | 3592 |
or
new salesmensalespersons are added, the dealer forthwith shall | 3593 |
|
notify the superintendent
and shall file with the division of real | 3594 |
estate the names and
addresses of new salesmensalespersons. | 3595 |
(3) The age and education of the applicant, and histhe | 3613 |
|
applicant's experience in the sale of foreign real estate; whether | 3614 |
hethe applicant has
ever been licensed by the superintendent, and | 3615 |
if so, when;
whether hethe applicant has ever been refused a | 3616 |
license by the
superintendent;
and whether hethe applicant has | 3617 |
| ever been licensed or refused a
license or any
similar permit by | 3618 |
| any division or superintendent of real estate,
by whatsoever name | 3619 |
| known or designated, anywhere; | 3620 |
| (B) Every applicant shall take a written examination, | 3624 |
prescribed and conducted by the superintendent, which covers his | 3625 |
| the
applicant's knowledge of the principles of real estate | 3626 |
| practice, real
estate
law, financing and appraisal, real estate | 3627 |
| transactions and
instruments relating to them, canons of business | 3628 |
| ethics relating
to real estate transactions, and the duties of | 3629 |
foreign real
estate salesmensalespersons. The fee for the | 3630 |
| examination, when
administered
by the superintendent, is fifty | 3631 |
| dollars. If the applicant does
not appear for the examination, the | 3632 |
| fee shall be forfeited and a
new application and fee shall be | 3633 |
| filed, unless good cause for the
failure to appear is shown to the | 3634 |
| superintendent. The
requirement of an examination may be waived in | 3635 |
| whole or in part
by the superintendent if an applicant is licensed | 3636 |
as a real
estate broker or salesmansalesperson by any state. | 3637 |
(1) Has not been convicted of or pleaded guilty to a felony | 3643 |
or a crime of moral
turpitudecriminal offense that is | 3644 |
| substantially related to the practice of foreign real estate | 3645 |
salesperson or, if hethe applicant has been so convicted or | 3646 |
| pleaded guilty, the
superintendent has
disregarded the conviction | 3647 |
| or guilty plea because the applicant has proven to
the | 3648 |
superintendent, by a preponderance of the evidence, that histhe | 3649 |
|
applicant's activities and employment record since the conviction | 3650 |
or plea of guilty show
that
hethe applicant is honest, truthful, | 3651 |
| and of good reputation,
and there is no
basis in fact for | 3652 |
believing that hethe applicant again will
violate the laws | 3653 |
| involved; | 3654 |
| (2) Has not been finally adjudged by a court to have
violated | 3655 |
| any municipal, state, or federal civil rights laws
relevant to the | 3656 |
protection of purchasers or sellers of real
estate or, if hethe | 3657 |
| applicant has been so adjudged, at least
two years have
passed | 3658 |
| since the court decision and the superintendent has
disregarded | 3659 |
| the adjudication because the applicant has proven, by
a | 3660 |
preponderance of the evidence, that histhe applicant's
activities | 3661 |
and employment record since the adjudication show that hethe | 3662 |
| applicant is honest, truthful, and of good reputation, and there | 3663 |
is
no basis in fact
for believing that hethe applicant will again | 3664 |
| violate the laws; | 3665 |
(3) Has not, during any period for which hethe applicant was | 3666 |
|
licensed
under this chapter or any former section of the Revised | 3667 |
Code
apicableapplicable to licensed foreign real estate dealers | 3668 |
or
salesmensalespersons, violated any provision of, or any rule | 3669 |
adopted pursuant
to, this chapter or that section, or, if hethe | 3670 |
| applicant has
violated any such
provision or rule, has established | 3671 |
to the satisfaction of the
superintendent that hethe applicant | 3672 |
| will not again violate the
provision or rule. | 3673 |
| (E) If the superintendent finds that the applicant is of
good | 3678 |
| business repute, appears to be qualified to act as a foreign
real | 3679 |
estate salesmansalesperson, and has fully complied with
the | 3680 |
| provisions
of this chapter, and that the dealer in the application | 3681 |
| is a
licensed foreign real estate dealer, the superintendent, upon | 3682 |
|
payment of the fees prescribed by section 4735.15 of the Revised | 3683 |
Code, shall issue a license to the applicant authorizing himthe | 3684 |
applicant to
act as salesmana salesperson for the dealer named in | 3685 |
| the
application. | 3686 |
| Each person applying for a motor vehicle
salvage dealer | 3693 |
| license or a salvage motor vehicle auction license
or a salvage | 3694 |
| motor vehicle pool license shall make out and
deliver to the | 3695 |
| registrar of motor vehicles, upon a blank to be
furnished by the | 3696 |
| registrar for that purpose, a separate
application for license for | 3697 |
| each county in which the business is
to be conducted. The | 3698 |
| application for each type of license shall
be in the form | 3699 |
| prescribed by the registrar and shall be signed
and sworn to by | 3700 |
| the applicant. The application for a license for
a motor vehicle | 3701 |
| salvage dealer, a salvage motor vehicle auction,
or salvage motor | 3702 |
| vehicle pool, in addition to other information
as is required by | 3703 |
| the registrar, shall include the following: | 3704 |
| If the applicant is a corporation or partnership, the | 3763 |
|
registrar may refuse to issue a license if any officer, director, | 3764 |
|
or partner of the applicant has been guilty of any act or
omission | 3765 |
| which would be cause for refusing or revoking a license
issued to | 3766 |
| the officer, director, or partner as an individual.
The | 3767 |
| registrar's finding may be based upon facts contained in the | 3768 |
|
application or upon any other information which he may have. | 3769 |
|
Immediately upon denying an application for any of the reasons in | 3770 |
|
this section, the registrar shall enter a final order together | 3771 |
|
with his findings and certify the same to the motor vehicle | 3772 |
|
salvage dealer's licensing board. | 3773 |
| Sec. 4738.18. (A) Any person licensed under division (A)
of | 3778 |
|
section 4738.03 of the Revised Code who wishes to purchase
salvage | 3779 |
|
motor vehicles at salvage motor vehicle auctions or
salvage motor | 3780 |
|
vehicle pools shall make application to the
registrar of motor | 3781 |
|
vehicles for a buyer's identification card.
The application shall | 3782 |
|
be on a form prescribed by the registrar
and shall contain the | 3783 |
|
applicant's name, principal business
address, the license number | 3784 |
|
under which the applicant will be
making purchases, and such other | 3785 |
|
information as the registrar
requires. In lieu of directly | 3786 |
|
obtaining a buyer's identification
card or in addition thereto, | 3787 |
|
any person licensed under division
(A) of section 4738.03 of the | 3788 |
|
Revised Code may designate up to
two employees to act as buyers | 3789 |
|
for the licensee. The licensee
shall make application for a | 3790 |
|
buyer's identification card for each
employee in the same manner | 3791 |
|
as for a card for the licensee. | 3792 |
(C) Beginning on the effective date of this amendment | 3795 |
| September 16, 2004, each buyer's identification card shall expire | 3796 |
| biennially on a day within the two-year cycle that is prescribed | 3797 |
| by the registrar, unless sooner suspended or revoked. Before the | 3798 |
| first day after the day prescribed by the registrar in the year | 3799 |
| that the card expires, each cardholder shall file an application | 3800 |
| for renewal of the card, in a form that the registrar prescribes. | 3801 |
| A buyer's identification card is nontransferable. If
the holder of | 3802 |
| a card no longer possesses a valid salvage motor
vehicle dealer's | 3803 |
| license, or if an employee of the licensee
leaves
the employment | 3804 |
| of the licensee, the buyer's identification
card of
that person is | 3805 |
| invalid and the holder shall return the
card to the
registrar. | 3806 |
| Sec. 4740.06. (A) Any individual who applies for
a
license | 3827 |
|
shall file a written
application with
the appropriate
section of | 3828 |
|
the Ohio construction industry
licensing board,
accompanied with | 3829 |
|
the application fee as determined pursuant to
section
4740.09 of | 3830 |
|
the Revised Code. The individual shall file
the
application not | 3831 |
| more than sixty
days
nor less than
thirty days prior to the date | 3832 |
| of the
examination.
The application
shall be on the form the | 3833 |
| section prescribes and verified by the
applicant's
oath. The | 3834 |
| applicant shall provide
information satisfactory to
the
section | 3835 |
| showing that
the applicant meets the
requirements of division (B) | 3836 |
| of this
section. | 3837 |
| (C) When an applicant for licensure as a contractor in a | 3862 |
| licensed trade meets the qualifications set
forth in
division (B) | 3863 |
| of this section and passes the required examination,
the | 3864 |
|
appropriate section of the
board, within ninety days after the | 3865 |
|
application was filed, shall authorize the
administrative section | 3866 |
| of the board
to
license the applicant for
the
type of contractor's | 3867 |
| license for which
the applicant
qualifies. A section of the board | 3868 |
| may withdraw its
authorization
to
the administrative section for | 3869 |
| issuance of a license for
good
cause shown, on the condition that | 3870 |
| notice of that
withdrawal is
given prior to the administrative | 3871 |
| section's
issuance of the
license. | 3872 |
| (D) Each license expires one year
after the date of issue. An | 3873 |
|
individual
holding a valid,
unexpired license may
renew
the | 3874 |
| license, without reexamination,
by submitting an application
to | 3875 |
| the
appropriate section of the board not more than
ninety calendar | 3876 |
|
days before the
expiration of the license, along with the renewal | 3877 |
| fee the section requires and proof of compliance with
the | 3878 |
| applicable continuing
education requirements. The applicant shall | 3879 |
| provide information in the renewal application
satisfactory to | 3880 |
| demonstrate to the appropriate section
that
the applicant | 3881 |
| continues to meet the requirements of
division (B)
of this | 3882 |
|
section. | 3883 |
| Upon application and within one calendar year after a license | 3884 |
| has expired, a section may waive any of the
requirements for | 3885 |
| renewal of a license upon finding that an
applicant substantially | 3886 |
| meets the renewal requirements or
that
failure to timely apply for | 3887 |
| renewal is due to excusable
neglect.
A section that
waives | 3888 |
|
requirements for renewal of a license may impose
conditions upon
| 3889 |
| the licensee and assess a late filing
fee of not more than double | 3890 |
|
the usual renewal fee. An applicant shall satisfy any condition | 3891 |
| the section imposes before a license is reissued. | 3892 |
| (C) The appropriate section of the board may investigate any | 3940 |
|
alleged
violation of this chapter or the rules adopted pursuant
to | 3941 |
| it.
If, after an investigation, a section
determines
that any | 3942 |
| person has engaged or is engaging in any
practice that violates | 3943 |
| this chapter or the rules adopted pursuant
to it, that section may | 3944 |
|
apply to the
court of common pleas of
the county in which the | 3945 |
|
violation
occurred or is occurring for an injunction or other | 3946 |
|
appropriate
relief to enjoin or terminate the
violation. | 3947 |
| The state veterinary medical licensing board
may refuse to | 3958 |
| issue or renew a license, limited license, registration, or | 3959 |
|
temporary permit to or of any applicant who, and may issue a | 3960 |
| reprimand to,
suspend or revoke the license, limited license, | 3961 |
| registration, or the temporary
permit of, or impose a civil | 3962 |
| penalty pursuant to this section
upon any person holding a | 3963 |
| license, limited license, or temporary permit to practice | 3964 |
| veterinary medicine or any
person registered as a registered | 3965 |
| veterinary technician who: | 3966 |
(I) Is convicted of or pleads guilty to any felony or crime | 3991 |
involving illegal or prescription drugsa criminal offense that is | 3992 |
| substantially related to the practice of veterinary medicine or | 3993 |
| registered veterinary technician, or fails to report to the board | 3994 |
| within sixty days of the individual's conviction of, plea of | 3995 |
guilty to, or treatment in lieu of conviction involving a felony, | 3996 |
misdemeanor of the first degree, or offense involving illegal or | 3997 |
prescription drugscriminal offense that is substantially related | 3998 |
| to the practice of veterinary medicine or registered veterinary | 3999 |
| technician; | 4000 |
| If the board, after a hearing conducted pursuant to Chapter | 4058 |
|
119. of the Revised Code, revokes, refuses to renew, or suspends
a | 4059 |
| license, registration, or temporary permit for a violation of this | 4060 |
| section, section 4741.23, division (C) or (D) of section 4741.19, | 4061 |
| or division
(B), (C), or (D) of section 4741.21 of the Revised | 4062 |
| Code, the
board may impose a civil penalty upon the holder of the | 4063 |
| license,
permit, or registration of not less than one hundred | 4064 |
| dollars or more
than one thousand dollars. In addition to the | 4065 |
| civil penalty
and any other penalties imposed pursuant to this | 4066 |
| chapter, the
board may assess any holder of a license, permit, or | 4067 |
| registration
the costs of the hearing conducted under this section | 4068 |
| if the
board determines that the holder has violated any provision | 4069 |
| for
which the board may impose a civil penalty under this section. | 4070 |
|
(2) A "board, commission, or agency" includes only those | 4079 |
| boards, commissions, or agencies subject to section 4701.16, | 4080 |
| 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, | 4081 |
| 4719.03, 4723.28, 4725.53, 4727.15, 4728.13, 4729.16, 4729.53, | 4082 |
| 4729.56, 4731.22, 4732.17, 4733.20, 4734.31, 4735.07, 4735.09, | 4083 |
| 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, | 4084 |
| 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, | 4085 |
| 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, | 4086 |
| 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, or 4781.09 | 4087 |
| of the Revised Code. | 4088 |
|
(C) Each board, commission, or agency shall keep records of | 4094 |
| the number of licenses, permits, registrations, and certificates | 4095 |
| denied, revoked, or suspended because the applicant or license, | 4096 |
| permit, registration, or certificate holder is convicted of or | 4097 |
| pleads guilty to a criminal offense that is substantially related | 4098 |
| to the occupation, profession, or trade under the supervision or | 4099 |
| regulation of the board, commission, or agency and of the reasons | 4100 |
| for the denial, revocation, or suspension. | 4101 |
|
(D) In the absence of fraud or bad faith, there is no private | 4102 |
| cause of action for damages against any board, commission, or | 4103 |
| agency; a current or former board, commission, or agency member; | 4104 |
| an agent of a board, commission, or agency; a person formally | 4105 |
| requested by a board, commission, or agency to be a representative | 4106 |
| of the entity; or an employee of a board, commission, or agency | 4107 |
| that grants a license, permit, registration, or certificate to a | 4108 |
| person who is convicted of or pleads guilty to a criminal offense | 4109 |
| if that person subsequent to receiving the license, permit, | 4110 |
| registration, or certificate commits another criminal offense. | 4111 |
| (G) Represented or advertised that the service or advice
of a | 4141 |
| person licensed to practice medicine will be used or made | 4142 |
|
available in the selection, fitting, adjustment, maintenance, or | 4143 |
|
repair of hearing aids when such is not true, or using the words | 4144 |
|
"doctor," "clinic," or similar words, abbreviations, or symbols | 4145 |
|
which connote the medical profession when such use is not | 4146 |
|
accurate; | 4147 |
| (a) Has a good reputation for integrity, has not been | 4172 |
convicted of or pleaded guilty to a felonycriminal offense that | 4173 |
| is substantially related to the practice of private investigator | 4174 |
or security guard provider within the last twenty years or any | 4175 |
offense
involving moral turpitude, and has not been adjudicated | 4176 |
|
incompetent for the purpose of holding the license, as provided
in | 4177 |
| section 5122.301 of the Revised Code, without having been
restored | 4178 |
| to legal capacity for that purpose. | 4179 |
| (b) Depending upon the class of license for which
application | 4180 |
| is made, for a continuous period of at least two
years immediately | 4181 |
| preceding application for a license, has
been engaged in | 4182 |
| investigatory or security services work for a law
enforcement or | 4183 |
| other public agency engaged in investigatory
activities, or for a | 4184 |
| private investigator or security guard
provider, or engaged in the | 4185 |
| practice of law, or has acquired
equivalent experience as | 4186 |
| determined by rule of the director of
public safety. | 4187 |
| (2) A corporation may be licensed as a private
investigator | 4202 |
| under a class B license, or as a security guard
provider under a | 4203 |
| class C license, or as a private investigator
and a security guard | 4204 |
| provider under a class A license, if an
application for licensure | 4205 |
| is filed by an officer of the
corporation and the officer, another | 4206 |
| officer, or the
qualifying agent of
the corporation satisfies the | 4207 |
| requirements of divisions (A)(1)
and (F)(1) of this section. | 4208 |
| Officers and the statutory agent of
a corporation shall be | 4209 |
| determined in accordance with Chapter
1701. of the Revised Code. | 4210 |
| (B) An application for a class A, B, or C license shall be | 4216 |
| completed in the form the director prescribes. In the case of an | 4217 |
|
individual, the application shall state the applicant's name, | 4218 |
|
birth date, citizenship, physical description, current residence, | 4219 |
|
residences for the preceding ten years, current employment, | 4220 |
|
employment for the preceding seven years, experience | 4221 |
|
qualifications, the location of each of the applicant's
offices in | 4222 |
| this state, and any other information that is necessary in order | 4223 |
|
for
the director to comply with the requirements of this chapter. | 4224 |
| In
the case of a corporation, the application shall state the name | 4225 |
|
of the officer or qualifying agent filing the application; the | 4226 |
|
state in which the corporation is incorporated and the date of | 4227 |
|
incorporation; the states in which the corporation is authorized | 4228 |
|
to transact business; the name of its qualifying agent; the name | 4229 |
|
of the officer or qualifying agent of the corporation who | 4230 |
|
satisfies the requirements of divisions (A)(1) and (F)(1) of this | 4231 |
|
section and the birth date, citizenship, physical description, | 4232 |
|
current residence, residences for the preceding ten years,
current | 4233 |
| employment, employment for the preceding seven years, and | 4234 |
|
experience qualifications of that officer or qualifying agent;
and | 4235 |
| other information that the director requires. A corporation
may | 4236 |
| specify in its application information relative to one or
more | 4237 |
| individuals who satisfy the requirements of divisions (A)(1)
and | 4238 |
| (F)(1) of this section. | 4239 |
| (2) Character references from at least five reputable | 4246 |
|
citizens for the applicant or, in the case of a corporation, for | 4247 |
|
each officer or qualifying agent specified in the application as | 4248 |
|
satisfying the requirements of divisions (A)(1) and (F)(1) of
this | 4249 |
| section, each of whom has known the applicant, officer, or | 4250 |
|
qualifying agent for at least five years preceding the | 4251 |
|
application, and none of whom are connected with the applicant, | 4252 |
|
officer, or qualifying agent by blood or marriage; | 4253 |
| (C)(1) Each individual applying for a license and each | 4261 |
| individual specified by a corporation as an officer or qualifying | 4262 |
| agent in an application shall submit one complete set of | 4263 |
| fingerprints directly to the superintendent of the bureau of | 4264 |
| criminal identification and investigation for the purpose of | 4265 |
| conducting a criminal records check. The individual shall provide | 4266 |
| the fingerprints using a method the superintendent prescribes | 4267 |
| pursuant to division (C)(2) of section 109.572 of the Revised Code | 4268 |
| and fill out the form the superintendent prescribes pursuant to | 4269 |
| division (C)(1) of section 109.572 of the Revised Code. An | 4270 |
| applicant who intends to carry a firearm as defined in section | 4271 |
| 2923.11 of the Revised Code in the course of business or | 4272 |
| employment shall so notify the superintendent. This notification | 4273 |
| is in addition to any other requirement related to carrying a | 4274 |
| firearm that applies to the applicant. The individual or | 4275 |
| corporation requesting the criminal records check shall pay the | 4276 |
| fee the superintendent prescribes. | 4277 |
|
(2) The superintendent shall conduct the criminal records | 4278 |
| check as set forth in division (B) of section 109.572 of the | 4279 |
| Revised Code. If an applicant intends to carry a firearm in the | 4280 |
| course of business or employment, the superintendent shall make a | 4281 |
| request to the federal bureau of investigation for any information | 4282 |
| and review the information the bureau provides pursuant to | 4283 |
| division (B)(2) of section 109.572 of the Revised Code. The | 4284 |
| superintendent shall submit all results of the completed | 4285 |
| investigation to the director of public safety. | 4286 |
| (3) If the director determines that the applicant,
officer, | 4287 |
| or qualifying agent meets the requirements of divisions
(A)(1)(a), | 4288 |
| (b), and (d) of this section and that an officer or
qualifying | 4289 |
| agent meets the requirement of division (F)(1) of this
section, | 4290 |
| the director shall notify the applicant, officer, or
agent of the | 4291 |
| time and place for the examination. If the director determines | 4292 |
|
that an applicant does not meet the requirements of divisions | 4293 |
|
(A)(1)(a), (b), and (d) of this section, the director shall
notify | 4294 |
| the applicant that the applicant's application is
refused and | 4295 |
| refund the license
fee. If the director determines that none of | 4296 |
| the individuals
specified in the application of a corporation as | 4297 |
| satisfying the
requirements of divisions (A)(1) and (F)(1) of this | 4298 |
| section meet
the requirements of divisions (A)(1)(a), (b), and (d) | 4299 |
| and (F)(1)
of this section, the director shall notify the | 4300 |
| corporation
that its application is refused and refund the license | 4301 |
| fee. If the bureau assesses the director a fee
for any | 4302 |
| investigation, the director, in addition to any other fee
assessed | 4303 |
| pursuant to this chapter, may assess the applicant,
officer, or | 4304 |
| qualifying agent, as appropriate, a fee that is equal
to the fee | 4305 |
| assessed by the bureau. | 4306 |
| (D) If upon application, investigation, and examination,
the | 4307 |
| director finds that the applicant or, in the case of a | 4308 |
|
corporation, any officer or qualifying agent specified in the | 4309 |
|
application as satisfying the requirements of divisions (A)(1)
and | 4310 |
| (F)(1) of this section, meets the applicable requirements,
the | 4311 |
| director shall issue the applicant or the corporation a class A, | 4312 |
| B,
or C license. The director also shall issue an identification | 4313 |
| card to an applicant, but not
an officer or qualifying agent of a | 4314 |
| corporation, who meets the
applicable requirements. The license | 4315 |
| and
identification card shall state the licensee's name, the | 4316 |
|
classification of the license, the location of the
licensee's | 4317 |
| principal place of business in this state, and the expiration
date | 4318 |
| of the license, and, in the case of a corporation, it also shall | 4319 |
| state
the name of each officer or qualifying agent who satisfied | 4320 |
| the
requirements of divisions (A)(1) and (F)(1) of this section. | 4321 |
| Licenses expire on the first day of March following the
date | 4322 |
| of initial issue, and on the first day of March of each year | 4323 |
|
thereafter. Annual renewals shall be according to the standard | 4324 |
| renewal
procedures contained in Chapter 4745. of the Revised Code, | 4325 |
| upon
payment of an annual renewal fee the director determines, not | 4326 |
| to exceed two hundred seventy-five dollars. No
license shall be | 4327 |
| renewed if the licensee or, in the case of a
corporation, each | 4328 |
| officer or qualifying agent who qualified the
corporation for | 4329 |
| licensure no longer meets the applicable
requirements of this | 4330 |
| section. No license shall be renewed unless
the licensee provides | 4331 |
| evidence of workers' compensation risk
coverage and unemployment | 4332 |
| compensation insurance coverage, other
than for clerical employees | 4333 |
| and excepting sole proprietors who are exempted
therefrom, as | 4334 |
| provided for in Chapters 4123.
and 4141. of the Revised Code, | 4335 |
| respectively, as well as the
licensee's state tax identification | 4336 |
| number. No reexamination
shall be required for renewal of a | 4337 |
| current license. | 4338 |
| (4) Upon written notification to the director, completion
of | 4367 |
| an application similar to that for an individual seeking class
A, | 4368 |
| B, or C licensure, payment of a twenty-five dollar fee, and,
if | 4369 |
| the individual was the only individual that qualified a | 4370 |
|
corporation for licensure, surrender of the corporation's license, | 4371 |
| any officer
or qualifying agent who qualified a corporation for | 4372 |
| licensure under
this chapter may obtain a similar license in the | 4373 |
|
individual's own name without reexamination. A request by an | 4374 |
| officer or
qualifying agent for an individual license shall not | 4375 |
| affect a corporation's
license
unless the individual is the only | 4376 |
| individual that qualified
the corporation for licensure or all the | 4377 |
| other individuals who qualified the
corporation for licensure | 4378 |
| submit such requests. | 4379 |
| (G) If a corporation is for any reason no longer
associated | 4380 |
| with an individual who qualified it for licensure
under this | 4381 |
| chapter, an officer of the corporation shall notify
the director | 4382 |
| of that fact by certified mail, return receipt
requested, within | 4383 |
| ten days after the association terminates. If
the notification is | 4384 |
| so given, the individual was the only
individual that qualified | 4385 |
| the corporation for licensure, and the
corporation submits the | 4386 |
| name of another officer or qualifying
agent to qualify the | 4387 |
| corporation for the license within thirty
days after the | 4388 |
| association terminates, the corporation may
continue to operate in | 4389 |
| the business of private investigation, the
business of security | 4390 |
| services, or both businesses in this state
under that license for | 4391 |
| ninety days after the association
terminates. If the officer or | 4392 |
| qualifying agent whose name is
submitted satisfies the | 4393 |
| requirements of divisions (A)(1) and
(F)(1) of this section, the | 4394 |
| director shall issue a new license to
the corporation within that | 4395 |
| ninety-day period. The names of more
than one individual may be | 4396 |
| submitted. | 4397 |
| (B) In lieu of suspending, revoking, or refusing to renew
the | 4422 |
| class A, B, or C license, or of suspending, revoking, or
refusing | 4423 |
| to renew the registration of
an employee of
a class A,
B,
or C | 4424 |
| licensee, the
director
may impose a civil
penalty
of not
more | 4425 |
| than
one
hundred
dollars for each
calendar day of a violation of | 4426 |
| any of the
provisions of
this section or of division (B) or (C) of | 4427 |
| section
4749.13 of the
Revised Code or of a violation of any rule | 4428 |
| of the
director governing private investigators, the
business of | 4429 |
| private
investigation, security guard providers, or
the business | 4430 |
| of
security services. | 4431 |
| Sec. 4749.06. (A)
Each class A, B, or C licensee shall | 4435 |
|
register
the licensee's investigator or security guard
employees, | 4436 |
|
with the
department of public safety, which shall
maintain a | 4437 |
|
record of each licensee and registered employee and make it | 4438 |
|
available, upon
request, to any law enforcement
agency.
The class | 4439 |
|
A, B, or C
licensee shall file an
application to register
a new | 4440 |
|
employee no
sooner than three days
nor later than seven
calendar | 4441 |
|
days after the date
on which the
employee
is hired. | 4442 |
| (2) The employee shall submit one complete set of | 4447 |
| fingerprints directly to the superintendent of the bureau of | 4448 |
| criminal identification and investigation for the purpose of | 4449 |
| conducting a criminal records check. The employee shall provide | 4450 |
| the fingerprints using a method the superintendent prescribes | 4451 |
| pursuant to division (C)(2) of section 109.572 of the Revised Code | 4452 |
| and fill out the form the superintendent prescribes pursuant to | 4453 |
| division (C)(1) of section 109.572 of the Revised Code. An | 4454 |
| employee who intends to carry a firearm as defined in section | 4455 |
| 2923.11 of the Revised Code in the course of business or | 4456 |
| employment shall so notify the superintendent. This notification | 4457 |
| is in addition to any other requirement related to carrying a | 4458 |
| firearm that applies to the employee. The individual or | 4459 |
| corporation requesting the criminal records check shall pay the | 4460 |
| fee the superintendent prescribes. | 4461 |
|
The superintendent shall conduct the criminal records check | 4462 |
| as set forth in division (B) of section 109.572 of the Revised | 4463 |
| Code. If an employee intends to carry a firearm in the course of | 4464 |
| business or employment, pursuant to division (B)(2) of section | 4465 |
| 109.572 of the Revised Code the superintendent shall make a | 4466 |
| request of the federal bureau of investigation for any information | 4467 |
| and review the information the bureau provides. The superintendent | 4468 |
| shall submit all results of the completed investigation to the | 4469 |
| director of public safety. | 4470 |
| (3)
If, after
investigation, the bureau finds that the | 4471 |
employee
has not been
convicted of or pleaded guilty to a felony | 4472 |
| criminal offense that is substantially related to the practice of | 4473 |
| private investigator or security guard provider within the
last | 4474 |
|
twenty years,
the
director
shall issue
to the
employee an | 4475 |
|
identification card
bearing
the
license number
and
signature of | 4476 |
|
the licensee, which
in the
case of
a corporation
shall be the | 4477 |
| signature of its
president or
its
qualifying agent,
and containing | 4478 |
| the
employee's
name, address,
age, physical description,
and right | 4479 |
|
thumb print
or other
identifying mark as the director prescribes, | 4480 |
|
a recent
photograph
of the employee, and
the employee's
signature. | 4481 |
|
The director
may issue a duplicate of a lost,
spoliated, or | 4482 |
| destroyed
identification card issued under this
section, upon | 4483 |
| payment of a
fee fixed by the
director, not exceeding five | 4484 |
|
dollars. | 4485 |
| (C)
Except as provided in division (E) of this section,
no | 4486 |
|
class A, B, or C licensee shall permit an employee,
other than an | 4487 |
|
individual who qualified a
corporation for
licensure, to engage in | 4488 |
|
the business of private
investigation,
the business of security | 4489 |
|
services, or both
businesses until the
employee
receives an | 4490 |
|
identification card from the department,
except that
pending the | 4491 |
|
issuance of an identification card, a
class A, B, or C
licensee | 4492 |
|
may offer for hire security guard or
investigator
employees | 4493 |
|
provided the licensee obtains a waiver
from the person
who | 4494 |
|
receives, for hire, security guard or
investigative services, | 4495 |
|
acknowledging that the person is aware
the employees have not | 4496 |
|
completed their registration and
agreeing
to their employment. | 4497 |
| (D) If a class A, B, or C licensee, or a
registered
employee | 4498 |
|
of a class A, B, or C licensee, intends to carry a
firearm, as | 4499 |
|
defined in section 2923.11 of the Revised Code, in
the
course of | 4500 |
|
engaging in the business or employment,
the
licensee or
registered | 4501 |
| employee
shall
satisfactorily complete a firearms
basic
training | 4502 |
| program
that includes twenty hours of handgun
training
and five | 4503 |
| hours of
training in the use of other firearms,
if any
other | 4504 |
| firearm is to
be used, or equivalency training, if
authorized,
or | 4505 |
| shall be a
former peace officer who previously had
successfully | 4506 |
| completed a
firearms training course, shall receive a
certificate | 4507 |
| of
satisfactory completion of that program or written
evidence of | 4508 |
|
approval of the equivalency training, shall file an
application | 4509 |
|
for registration, shall receive a firearm-bearer
notation on
the | 4510 |
| licensee's or registered employee's
identification card, and shall | 4511 |
| annually requalify
on a firearms
range, all as described in | 4512 |
| division (A) of section
4749.10 of the
Revised Code. A private | 4513 |
| investigator, security
guard provider,
or
employee is authorized | 4514 |
| to carry a firearm only
in accordance
with
that division. | 4515 |
| (F) The registration of an investigator or security guard | 4522 |
| employee expires annually on the anniversary date of its initial | 4523 |
| issuance. Annual renewals shall be made pursuant to procedures the | 4524 |
| director establishes by rule and upon payment of a renewal fee the | 4525 |
| director determines, not to exceed thirty-five dollars. The | 4526 |
| director shall not renew the registration of any investigator or | 4527 |
| security guard employee who no longer meets the requirements of | 4528 |
| this section. No background check is required for annual renewal, | 4529 |
| but an investigator or security guard employee shall report any | 4530 |
| felony conviction to the employer and the director of public | 4531 |
| safety as a condition of continued registration. | 4532 |
| Any person who wishes to make a complaint against any
person | 4636 |
| licensed pursuant to this chapter shall submit the
complaint in | 4637 |
| writing to the board within one year from the date
of the action | 4638 |
| or event upon which the complaint is based. The
board shall | 4639 |
| determine whether the allegations in the complaint
are of a | 4640 |
| sufficiently serious nature to warrant formal
disciplinary charges | 4641 |
| against the licensee pursuant to this
section. If the board | 4642 |
| determines that formal disciplinary
charges are warranted, it | 4643 |
| shall proceed in accordance with the
procedures established in | 4644 |
| Chapter 119. of the Revised Code. | 4645 |
| Sec. 4755.47. (A) In accordance with
Chapter 119. of the | 4732 |
| Revised Code, the physical therapy section of the Ohio | 4733 |
|
occupational therapy, physical therapy, and athletic trainers | 4734 |
|
board may refuse to grant a license to an applicant for an
initial | 4735 |
| or renewed license as a physical therapist or physical therapist | 4736 |
|
assistant or, by vote of at least five members, may suspend or | 4737 |
| revoke the
license of a physical therapist or physical therapist | 4738 |
| assistant or reprimand
or place a license holder on probation, on | 4739 |
| any of the following grounds: | 4740 |
| Sec. 4757.36. (A) The professional
standards committees of | 4858 |
|
the counselor, social worker,
and marriage and family
therapist | 4859 |
| board,
in accordance with Chapter 119. of the Revised
Code, may | 4860 |
| refuse to
issue a license or certificate of registration
applied | 4861 |
| for under this
chapter; refuse
to renew a license or
certificate | 4862 |
| of registration issued under this chapter;
suspend,
revoke, or | 4863 |
| otherwise restrict a license or certificate of
registration issued | 4864 |
| under this chapter; or reprimand a person
holding a
license or | 4865 |
| certificate of registration issued under this
chapter. Such | 4866 |
|
actions may be taken by the appropriate committee
if the applicant | 4867 |
| for a
license or certificate of registration or
the person holding | 4868 |
| a license or
certificate of registration has: | 4869 |
| (3) Accepted a commission or rebate for referring persons
to | 4875 |
|
any professionals licensed, certified, or registered by any
court | 4876 |
|
or board, commission, department, division, or other agency
of the | 4877 |
|
state, including, but not limited to, individuals practicing | 4878 |
|
counseling, social work,
or marriage and family therapy or | 4879 |
|
practicing in
fields related to counseling, social work,
or | 4880 |
|
marriage and family therapy; | 4881 |
| Sec. 4758.30. (A) The chemical dependency professionals | 4922 |
|
board, in accordance with Chapter 119. of the Revised Code, may | 4923 |
|
refuse to issue a license or certificate applied for under this | 4924 |
|
chapter; refuse to renew a license or certificate issued under | 4925 |
|
this chapter; suspend, revoke, or otherwise restrict a license or | 4926 |
|
certificate issued under this chapter; or reprimand an individual | 4927 |
|
holding a license or certificate issued under this chapter. These | 4928 |
|
actions may be taken by the board regarding the applicant for a | 4929 |
|
license or certificate or the individual holding a license or | 4930 |
|
certificate for one or more of the following reasons: | 4931 |
| (B) The board, by an affirmative
vote of not fewer than six | 5020 |
| members, shall, to the extent
permitted by law, limit, revoke, or | 5021 |
| suspend an individual's
certificate of registration as an | 5022 |
| anesthesiologist assistant, refuse to
issue a certificate to an | 5023 |
| applicant, refuse to reinstate a
certificate, or reprimand or | 5024 |
| place on probation the holder
of a certificate
for any of the | 5025 |
| following reasons: | 5026 |
| As used in this division,
"false, fraudulent, deceptive, or | 5052 |
| misleading statement" means a
statement that includes a | 5053 |
| misrepresentation of fact, is likely to
mislead or deceive because | 5054 |
| of a failure to disclose material
facts, is intended or is likely | 5055 |
| to create false or unjustified
expectations of favorable results, | 5056 |
| or includes representations or
implications that in reasonable | 5057 |
| probability will cause an
ordinarily prudent person to | 5058 |
| misunderstand or be deceived. | 5059 |
(20)(16) Failure to cooperate in an investigation conducted | 5101 |
| by
the board under section 4760.14 of the Revised
Code, including | 5102 |
| failure to comply with a subpoena or
order issued by the board or | 5103 |
| failure to answer truthfully a
question presented by the board at | 5104 |
| a deposition or in written
interrogatories, except that failure to | 5105 |
| cooperate with an
investigation shall not constitute grounds for | 5106 |
| discipline under
this section if a court of competent jurisdiction | 5107 |
| has issued an
order that either quashes a subpoena or permits the | 5108 |
| individual
to withhold the testimony or evidence in issue; | 5109 |
| (C) Disciplinary actions taken by the board under divisions | 5116 |
|
(A) and (B) of this section shall be taken pursuant to an | 5117 |
|
adjudication under
Chapter 119. of the Revised Code, except that | 5118 |
| in
lieu of an adjudication,
the board may enter into a consent | 5119 |
| agreement
with an anesthesiologist assistant or applicant to | 5120 |
| resolve an
allegation of a violation of this chapter or any rule | 5121 |
| adopted
under it. A consent agreement, when ratified by an | 5122 |
|
affirmative vote of not fewer than six members of the board,
shall | 5123 |
| constitute the findings and order of the board with
respect to the | 5124 |
| matter addressed in the agreement. If the board
refuses to ratify | 5125 |
| a consent agreement, the admissions and
findings contained in the | 5126 |
| consent agreement shall be of no force
or effect. | 5127 |
(D) For purposes of divisionsdivision (B)(11), (14), and | 5128 |
(15) of
this section, the commission of the act may be established | 5129 |
| by a
finding by the board, pursuant to an
adjudication under | 5130 |
| Chapter 119. of the Revised Code, that the applicant
or | 5131 |
| certificate holder committed the act in question. The board shall | 5132 |
have no
jurisdiction under these divisionsthis division in cases | 5133 |
| where the trial court
renders a final judgment in the certificate | 5134 |
| holder's favor and
that judgment is based upon an adjudication on | 5135 |
the merits. The
board shall have jurisdiction under these | 5136 |
divisionsthis division in cases
where the trial court issues an | 5137 |
| order of dismissal on technical
or procedural grounds. | 5138 |
| (E) The sealing of conviction records by any court shall have | 5139 |
|
no effect on a prior board order entered under the provisions of | 5140 |
| this
section or on the board's jurisdiction to take action under | 5141 |
| the
provisions of this section if, based upon a plea of
guilty,
a | 5142 |
| judicial finding of guilt, or a judicial finding of eligibility | 5143 |
|
for intervention in
lieu of conviction, the board issued a notice | 5144 |
| of opportunity for
a hearing prior to the court's order to seal | 5145 |
| the records. The board
shall not be required to seal, destroy, | 5146 |
| redact, or
otherwise modify its records to reflect the court's | 5147 |
| sealing of
conviction records. | 5148 |
| (1) In enforcing division (B)(5) of this
section, the board, | 5156 |
| on a showing of a possible violation, may
compel any individual | 5157 |
| who holds a certificate of registration
issued under this chapter | 5158 |
| or who has applied for a certificate of
registration pursuant to | 5159 |
| this chapter to submit to a mental
or physical examination, or | 5160 |
| both. A physical
examination may include an HIV test. The expense | 5161 |
| of
the examination is the responsibility of
the individual | 5162 |
| compelled to be examined. Failure to submit to a mental or | 5163 |
|
physical examination or consent to an HIV
test ordered by the | 5164 |
| board constitutes an admission of
the allegations against the | 5165 |
| individual unless the failure is due to
circumstances beyond the | 5166 |
| individual's control, and a default and final order
may be entered | 5167 |
| without the taking of testimony or presentation of
evidence. If | 5168 |
| the board finds an anesthesiologist assistant unable to
practice | 5169 |
| because of the reasons set forth in division
(B)(5) of this | 5170 |
| section, the
board shall require the anesthesiologist assistant to | 5171 |
| submit to care,
counseling, or treatment by physicians approved or | 5172 |
| designated by
the board, as a condition for an initial, continued, | 5173 |
| reinstated,
or renewed certificate of registration. An individual | 5174 |
| affected
by this division shall be afforded an opportunity to | 5175 |
|
demonstrate to the board the ability to resume practicing in | 5176 |
| compliance with
acceptable and prevailing standards of care. | 5177 |
| (2) For purposes of division (B)(6) of this
section, if the | 5178 |
| board has reason to believe that any individual
who holds a | 5179 |
| certificate of registration issued under this chapter
or any | 5180 |
| applicant for a certificate of registration suffers such | 5181 |
|
impairment, the board may compel the individual to submit to a | 5182 |
|
mental or physical examination, or both. The expense of the | 5183 |
|
examination is the
responsibility of the
individual compelled to | 5184 |
| be examined. Any mental or
physical
examination required under | 5185 |
| this division shall be undertaken by a
treatment provider or | 5186 |
| physician qualified to conduct such
examination and chosen by the | 5187 |
| board. | 5188 |
| Failure to submit to a mental or
physical examination ordered | 5189 |
| by
the board constitutes an
admission of the allegations against | 5190 |
| the individual unless the failure is
due to circumstances beyond | 5191 |
| the individual's control, and a
default and final order may be | 5192 |
| entered without the taking of
testimony or presentation of | 5193 |
| evidence. If the board determines
that the individual's ability to | 5194 |
| practice is impaired, the board
shall suspend the individual's | 5195 |
| certificate or deny the individual's
application and shall
require | 5196 |
| the individual, as a condition for an initial, continued, | 5197 |
|
reinstated, or renewed certificate of registration, to submit to | 5198 |
|
treatment. | 5199 |
| When the impaired anesthesiologist assistant resumes | 5219 |
| practice,
the board shall require continued monitoring of the | 5220 |
| anesthesiologist
assistant. The
monitoring shall include | 5221 |
| monitoring of
compliance with the written
consent agreement | 5222 |
| entered into before reinstatement or with
conditions imposed by | 5223 |
| board order after a hearing, and, on
termination of the consent | 5224 |
| agreement, submission to the board for
at least two years of | 5225 |
| annual written progress reports made under
penalty of | 5226 |
| falsification stating whether the anesthesiologist assistant has | 5227 |
|
maintained sobriety. | 5228 |
| The board shall issue a written order of suspension by | 5242 |
|
certified mail or in person in accordance with section 119.07 of | 5243 |
|
the Revised Code. The order shall not be
subject to suspension by | 5244 |
| the court during pendency of any appeal
filed under section 119.12 | 5245 |
| of the Revised
Code. If the anesthesiologist assistant requests an | 5246 |
| adjudicatory
hearing by the board, the date set for the hearing | 5247 |
| shall be
within fifteen days, but not earlier than seven days, | 5248 |
| after the
anesthesiologist assistant requests the hearing, unless | 5249 |
| otherwise
agreed to by both the board and the certificate holder. | 5250 |
| A summary suspension imposed under this division shall
remain | 5251 |
| in effect, unless reversed on appeal, until a final
adjudicative | 5252 |
| order issued by the board pursuant to this section
and Chapter | 5253 |
| 119. of the Revised Code
becomes effective. The board shall issue | 5254 |
| its final adjudicative
order within sixty days after completion of | 5255 |
| its hearing. Failure to issue the
order within sixty days shall | 5256 |
| result in
dissolution of the summary suspension order, but shall | 5257 |
| not
invalidate any subsequent, final adjudicative order. | 5258 |
(H) If the board takes
action under
division (B)(11), (13), | 5259 |
or (14) of this section, and the
judicial finding of guilt, guilty | 5260 |
| plea,
or
judicial finding of eligibility for intervention in lieu | 5261 |
| of conviction is
overturned on appeal, on exhaustion of the | 5262 |
| criminal appeal, a
petition for reconsideration of the order may | 5263 |
| be filed with the
board along with appropriate court documents. On | 5264 |
| receipt of
a petition and supporting court documents, the board | 5265 |
| shall
reinstate the certificate of registration. The
board may | 5266 |
| then hold an adjudication under Chapter 119. of the
Revised Code | 5267 |
| to determine whether the
individual committed the act in question. | 5268 |
| Notice of
opportunity for hearing shall be given in accordance | 5269 |
| with
Chapter 119. of the Revised Code. If the
board finds, | 5270 |
| pursuant to an adjudication held under
this division, that the | 5271 |
| individual committed the act, or if no
hearing is requested, it | 5272 |
| may order any of the sanctions
specified in division (B) of this | 5273 |
| section. | 5274 |
| (I) The certificate of registration of an
anesthesiologist | 5275 |
| assistant and
the assistant's practice in this state are | 5276 |
| automatically suspended
as of the date the anesthesiologist | 5277 |
| assistant pleads guilty to, is found by a
judge
or jury to be | 5278 |
| guilty of, or is subject to a judicial finding of eligibility
for | 5279 |
| intervention in lieu of conviction in this state or treatment of | 5280 |
|
intervention in lieu of conviction in another jurisdiction for any | 5281 |
of the
following criminal offenses in this state or aoffense that | 5282 |
is
substantially equivalent criminal offense in another | 5283 |
jurisdiction: aggravated murder, murder, voluntary
manslaughter, | 5284 |
felonious assault, kidnapping, rape, sexual
battery, gross sexual | 5285 |
imposition, aggravated arson, aggravated
robbery, or aggravated | 5286 |
burglaryrelated to the practice of anesthesiologist assistant. | 5287 |
| Continued
practice after the suspension
shall be considered | 5288 |
| practicing without a
certificate. | 5289 |
| (J) In any instance in which the board is required
by Chapter | 5297 |
| 119. of the Revised Code to give notice of
opportunity for hearing | 5298 |
| and the
individual subject to the notice does not timely request a | 5299 |
| hearing in
accordance with section
119.07 of the Revised Code, the | 5300 |
| board is not required
to hold a hearing, but may adopt, by an | 5301 |
| affirmative vote of
not fewer than
six of its members, a final | 5302 |
| order that contains the board's
findings. In the final order, the | 5303 |
| board may order any of the
sanctions identified under division (A) | 5304 |
| or (B) of this
section. | 5305 |
| (L) When the board
refuses to grant a certificate of | 5315 |
| registration as an
anesthesiologist assistant to an applicant, | 5316 |
|
revokes an individual's certificate
of registration, refuses to | 5317 |
| renew a certificate of registration,
or refuses to reinstate an | 5318 |
| individual's certificate of
registration, the board may specify | 5319 |
| that its action is
permanent. An individual subject to a permanent | 5320 |
| action taken by
the board is forever thereafter ineligible to hold | 5321 |
| a certificate
of registration as an anesthesiologist assistant and | 5322 |
| the board shall not
accept an
application for reinstatement of the | 5323 |
| certificate or for issuance
of a new certificate. | 5324 |
| Before the board may take any action under this section, | 5385 |
|
other than
issuance
of a
summary suspension order under division | 5386 |
|
(C) of this section, the
executive director of the board shall | 5387 |
|
prepare and file written charges with the board.
Disciplinary | 5388 |
|
actions taken
by the board under this section shall be taken | 5389 |
|
pursuant to an adjudication
under Chapter 119. of the Revised | 5390 |
|
Code,
except that in lieu of an
adjudication, the board may enter | 5391 |
|
into a consent agreement to
resolve an allegation of a violation | 5392 |
|
of this chapter or any rule
adopted under it. A consent
agreement, | 5393 |
| when ratified by the
board, shall constitute the
findings and | 5394 |
| order of the board with
respect to the matter
addressed in the | 5395 |
| agreement. If the board
refuses to ratify a
consent agreement, the | 5396 |
| admissions and findings
contained in the
consent agreement shall | 5397 |
| be of no effect. | 5398 |
| (C) If the president and secretary of the board
determine | 5412 |
|
that there is clear and convincing evidence that a
license or | 5413 |
|
limited permit holder has committed an act that is
grounds for | 5414 |
|
board action under division
(A) of this section and that
continued | 5415 |
|
practice by the license or permit holder presents a
danger of | 5416 |
|
immediate and serious harm to the public, the
president and | 5417 |
|
secretary may recommend that the board suspend the
license or | 5418 |
|
limited permit without a prior hearing. The
president and | 5419 |
|
secretary shall submit in writing to the board the
allegations | 5420 |
|
causing them to recommend the suspension. | 5421 |
| If the board votes to suspend a license or limited permit | 5427 |
|
under this division, the board shall issue a written order of | 5428 |
|
summary suspension to the license or limited permit holder in | 5429 |
|
accordance with section 119.07 of the
Revised
Code. If the
license | 5430 |
| or
limited permit holder requests a hearing by the board,
the | 5431 |
| board
shall conduct the hearing in accordance with
Chapter
119. of | 5432 |
| the Revised Code. Notwithstanding section 119.12 of the
Revised | 5433 |
| Code, a court of common pleas shall not grant a suspension
of the | 5434 |
|
board's order of summary
suspension pending determination
of an | 5435 |
| appeal filed under that
section. | 5436 |
| Any order of summary suspension issued under this division | 5437 |
|
shall remain in effect until a final adjudication order issued
by | 5438 |
|
the board pursuant to division
(A) of this section becomes | 5439 |
|
effective. The board shall issue its final adjudication order | 5440 |
|
regarding an order of summary suspension issued under this | 5441 |
|
division not later than sixty days after completion of its | 5442 |
|
hearing. Failure to issue the order within sixty days shall
result | 5443 |
| in immediate dissolution of the suspension order, but
shall
not | 5444 |
| invalidate any subsequent, final adjudication order. | 5445 |
| (B) The board, by an affirmative
vote of not fewer than six | 5455 |
| members, shall, to the extent
permitted by law, limit, revoke, or | 5456 |
| suspend an individual's
certificate of registration as an | 5457 |
| acupuncturist, refuse to
issue a certificate to an applicant, | 5458 |
| refuse to reinstate a
certificate, or reprimand or place on | 5459 |
| probation the holder
of a certificate
for any of the following | 5460 |
| reasons: | 5461 |
| As used in this division,
"false, fraudulent, deceptive, or | 5488 |
| misleading statement" means a
statement that includes a | 5489 |
| misrepresentation of fact, is likely to
mislead or deceive because | 5490 |
| of a failure to disclose material
facts, is intended or is likely | 5491 |
| to create false or unjustified
expectations of favorable results, | 5492 |
| or includes representations or
implications that in reasonable | 5493 |
| probability will cause an
ordinarily prudent person to | 5494 |
| misunderstand or be deceived. | 5495 |
(21)(17) Failure to cooperate in an investigation conducted | 5541 |
| by
the board under section 4762.14 of the Revised
Code, including | 5542 |
| failure to comply with a subpoena or
order issued by the board or | 5543 |
| failure to answer truthfully a
question presented by the board at | 5544 |
| a deposition or in written
interrogatories, except that failure to | 5545 |
| cooperate with an
investigation shall not constitute grounds for | 5546 |
| discipline under
this section if a court of competent jurisdiction | 5547 |
| has issued an
order that either quashes a subpoena or permits the | 5548 |
| individual
to withhold the testimony or evidence in issue; | 5549 |
| (C) Disciplinary actions taken by the board under divisions | 5554 |
|
(A) and (B) of this section shall be taken pursuant to an | 5555 |
|
adjudication under
Chapter 119. of the Revised Code, except that | 5556 |
| in
lieu of an adjudication,
the board may enter into a consent | 5557 |
| agreement
with an acupuncturist or applicant to resolve an | 5558 |
|
allegation of a violation of this chapter or any rule adopted | 5559 |
|
under it. A consent agreement, when ratified by an
affirmative | 5560 |
| vote of not fewer than six members of the board,
shall constitute | 5561 |
| the findings and order of the board with
respect to the matter | 5562 |
| addressed in the agreement. If the board
refuses to ratify a | 5563 |
| consent agreement, the admissions and
findings contained in the | 5564 |
| consent agreement shall be of no force
or effect. | 5565 |
(D) For purposes of divisionsdivision (B)(12), (15), and | 5566 |
(16) of
this section, the commission of the act may be established | 5567 |
| by a
finding by the board, pursuant to an
adjudication under | 5568 |
| Chapter 119. of the Revised Code, that the applicant
or | 5569 |
| certificate holder committed the act in question. The board shall | 5570 |
have no
jurisdiction under these divisionsthis division in cases | 5571 |
| where the trial court
renders a final judgment in the certificate | 5572 |
| holder's favor and
that judgment is based upon an adjudication on | 5573 |
the merits. The
board shall have jurisdiction under these | 5574 |
divisionsthis division in cases
where the trial court issues an | 5575 |
| order of dismissal upon technical
or procedural grounds. | 5576 |
| (E) The sealing of conviction records by any court shall have | 5577 |
|
no effect upon a prior board order entered under the provisions of | 5578 |
| this
section or upon the board's jurisdiction to take action under | 5579 |
| the
provisions of this section if, based upon a plea of
guilty,
a | 5580 |
| judicial finding of guilt, or a judicial finding of eligibility | 5581 |
|
for intervention in lieu of conviction, the board issued a notice | 5582 |
| of
opportunity for
a hearing prior to the court's order to seal | 5583 |
| the records. The board
shall not be required to seal, destroy, | 5584 |
| redact, or
otherwise modify its records to reflect the court's | 5585 |
| sealing of
conviction records. | 5586 |
| (1) In enforcing division (B)(5) of this
section, the board, | 5594 |
| upon a showing of a possible violation, may
compel any individual | 5595 |
| who holds a certificate of registration
issued under this chapter | 5596 |
| or who has applied for a certificate of
registration pursuant to | 5597 |
| this chapter to submit to a mental
examination, physical | 5598 |
| examination, including an
HIV test, or both a mental and physical | 5599 |
|
examination. The expense of
the examination is the responsibility | 5600 |
| of
the individual compelled to be examined. Failure to submit to a | 5601 |
| mental or
physical examination or consent to an HIV
test ordered | 5602 |
| by the board constitutes an admission of
the allegations against | 5603 |
| the individual unless the failure is due to
circumstances beyond | 5604 |
| the individual's control, and a default and final order
may be | 5605 |
| entered without the taking of testimony or presentation of | 5606 |
|
evidence. If the board finds an acupuncturist unable to
practice | 5607 |
| because of the reasons set forth in division
(B)(5) of this | 5608 |
| section, the
board shall require the acupuncturist to submit to | 5609 |
| care,
counseling, or treatment by physicians approved or | 5610 |
| designated by
the board, as a condition for an initial, continued, | 5611 |
| reinstated,
or renewed certificate of registration. An individual | 5612 |
| affected
by this division shall be afforded an opportunity to | 5613 |
|
demonstrate to the board the ability to resume practicing in | 5614 |
| compliance with
acceptable and prevailing standards of care. | 5615 |
| (2) For purposes of division (B)(6) of this
section, if the | 5616 |
| board has reason to believe that any individual
who holds a | 5617 |
| certificate of registration issued under this chapter
or any | 5618 |
| applicant for a certificate of registration suffers such | 5619 |
|
impairment, the board may compel the individual to submit to a | 5620 |
|
mental or physical examination, or both. The expense of the | 5621 |
|
examination is the
responsibility of the
individual compelled to | 5622 |
| be examined. Any mental or
physical
examination required under | 5623 |
| this division shall be undertaken by a
treatment provider or | 5624 |
| physician qualified to conduct such
examination and chosen by the | 5625 |
| board. | 5626 |
| Failure to submit to a mental or
physical examination ordered | 5627 |
| by
the board constitutes an
admission of the allegations against | 5628 |
| the individual unless the failure is
due to circumstances beyond | 5629 |
| the individual's control, and a
default and final order may be | 5630 |
| entered without the taking of
testimony or presentation of | 5631 |
| evidence. If the board determines
that the individual's ability to | 5632 |
| practice is impaired, the board
shall suspend the individual's | 5633 |
| certificate or deny the individual's
application and shall
require | 5634 |
| the individual, as a condition for an initial, continued, | 5635 |
|
reinstated, or renewed certificate of registration, to submit to | 5636 |
|
treatment. | 5637 |
| When the impaired acupuncturist resumes practice,
the board | 5657 |
| shall require continued monitoring of the acupuncturist. The | 5658 |
|
monitoring shall include monitoring of
compliance with the written | 5659 |
|
consent agreement entered into before reinstatement or with | 5660 |
|
conditions imposed by board order after a hearing, and, upon | 5661 |
|
termination of the consent agreement, submission to the board for | 5662 |
|
at least two years of annual written progress reports made under | 5663 |
|
penalty of falsification stating whether the acupuncturist has | 5664 |
| maintained
sobriety. | 5665 |
| The board shall issue a written order of suspension by | 5680 |
|
certified mail or in person in accordance with section 119.07 of | 5681 |
|
the Revised Code. The order shall not be
subject to suspension by | 5682 |
| the court during pendency of any appeal
filed under section 119.12 | 5683 |
| of the Revised
Code. If the acupuncturist requests an adjudicatory | 5684 |
|
hearing by the board, the date set for the hearing shall be
within | 5685 |
| fifteen days, but not earlier than seven days, after the | 5686 |
|
acupuncturist requests the hearing, unless otherwise
agreed to by | 5687 |
| both the board and the certificate holder. | 5688 |
| A summary suspension imposed under this division shall
remain | 5689 |
| in effect, unless reversed on appeal, until a final
adjudicative | 5690 |
| order issued by the board pursuant to this section
and Chapter | 5691 |
| 119. of the Revised Code
becomes effective. The board shall issue | 5692 |
| its final adjudicative
order within sixty days after completion of | 5693 |
| its hearing. Failure to issue the
order within sixty days shall | 5694 |
| result in
dissolution of the summary suspension order, but shall | 5695 |
| not
invalidate any subsequent, final adjudicative order. | 5696 |
(H) If the board takes
action under
division (B)(11), (13), | 5697 |
or (14) of this section, and the
judicial finding of guilt, guilty | 5698 |
| plea,
or judicial finding of eligibility for intervention in lieu | 5699 |
| of conviction is
overturned on appeal, upon exhaustion of the | 5700 |
| criminal appeal, a
petition for reconsideration of the order may | 5701 |
| be filed with the
board along with appropriate court documents. | 5702 |
| Upon receipt of
a petition and supporting court documents, the | 5703 |
| board shall
reinstate the certificate of registration. The
board | 5704 |
| may then hold an adjudication under Chapter 119. of the
Revised | 5705 |
| Code to determine whether the
individual committed the act in | 5706 |
| question. Notice of
opportunity for hearing shall be given in | 5707 |
| accordance with
Chapter 119. of the Revised Code. If the
board | 5708 |
| finds, pursuant to an adjudication held under
this division, that | 5709 |
| the individual committed the act, or if no
hearing is requested, | 5710 |
| it may order any of the sanctions
specified in division (B) of | 5711 |
| this section. | 5712 |
| (I) The certificate of registration of an
acupuncturist and | 5713 |
|
the acupuncturist's practice in this state are automatically | 5714 |
| suspended
as of the date the acupuncturist pleads guilty to, is | 5715 |
| found by a judge
or jury to be guilty of, or is subject to a | 5716 |
| judicial finding of eligibility
for intervention in lieu of | 5717 |
| conviction in this state or treatment or
intervention
in lieu of | 5718 |
conviction in another jurisdiction for any of the
following | 5719 |
criminal offenses in this state or aoffense that is
substantially | 5720 |
equivalent criminal offense in another
jurisdiction: aggravated | 5721 |
murder, murder, voluntary
manslaughter, felonious assault, | 5722 |
kidnapping, rape, sexual
battery, gross sexual imposition, | 5723 |
aggravated arson, aggravated
robbery, or aggravated burglary | 5724 |
| related to the practice of acupuncture. Continued
practice after | 5725 |
| the suspension
shall be considered practicing without a | 5726 |
|
certificate. | 5727 |
| (J) In any instance in which the board is required
by Chapter | 5735 |
| 119. of the Revised Code to give notice of
opportunity for hearing | 5736 |
| and the
individual subject to the notice does not timely request a | 5737 |
| hearing in
accordance with section
119.07 of the Revised Code, the | 5738 |
| board is not required
to hold a hearing, but may adopt, by an | 5739 |
| affirmative vote of
not fewer than
six of its members, a final | 5740 |
| order that contains the board's
findings. In the final order, the | 5741 |
| board may order any of the
sanctions identified under division (A) | 5742 |
| or (B) of this
section. | 5743 |
| (L) When the board
refuses to grant a certificate of | 5753 |
| registration as an
acupuncturist to an applicant,
revokes an | 5754 |
| individual's certificate
of registration, refuses to renew a | 5755 |
| certificate of registration,
or refuses to reinstate an | 5756 |
| individual's certificate of
registration, the board may specify | 5757 |
| that its action is
permanent. An individual subject to a permanent | 5758 |
| action taken by
the board is forever thereafter ineligible to hold | 5759 |
| a certificate
of registration as an acupuncturist and the board | 5760 |
| shall not accept an
application for reinstatement of the | 5761 |
| certificate or for issuance
of a new certificate. | 5762 |
| Sec. 4763.11. (A) Within five business days after a
person | 5780 |
| files a signed written complaint against a person
certified, | 5781 |
| registered, or licensed under this chapter with the
division of | 5782 |
|
real estate, the superintendent of real estate shall acknowledge | 5783 |
|
receipt of the complaint or request and send a notice to the | 5784 |
|
certificate holder, registrant, or licensee describing the acts
of | 5785 |
| which there
is a complaint. The acknowledgement to the complainant | 5786 |
| and the
notice to the certificate holder, registrant, or licensee | 5787 |
| shall
state that an
informal meeting will be held with the | 5788 |
| complainant, the
certificate holder, registrant, or licensee, and | 5789 |
| an investigator
from the
investigation and audit section of the | 5790 |
| division, if the
complainant and certificate holder, registrant, | 5791 |
| or licensee both
file a
request for such a meeting within ten | 5792 |
| business days thereafter on
a form the superintendent provides. | 5793 |
| (B) If the complainant and certificate holder, registrant, or | 5794 |
|
licensee
both file with the division requests for an informal | 5795 |
| meeting, the
superintendent shall notify the complainant and | 5796 |
| certificate
holder, registrant, or licensee of the date of the | 5797 |
| meeting,
which shall be
within twenty business days thereafter, | 5798 |
| except that the
complainant, certificate holder, registrant, or | 5799 |
| licensee may request an
extension of up to fifteen business days | 5800 |
| for good cause shown. If
the complainant and certificate holder, | 5801 |
| registrant, or
licensee reach an
accommodation at an informal | 5802 |
| meeting, the investigator shall so
report to the superintendent | 5803 |
| and to the complainant and
certificate holder, registrant, or | 5804 |
| licensee and the complaint
file shall be
closed, unless, based | 5805 |
| upon the investigator's report, the
superintendent finds evidence | 5806 |
| that the certificate holder,
registrant, or
licensee has violated | 5807 |
| division (G) of this section. | 5808 |
| (C) If the complainant and certificate holder, registrant, or | 5809 |
|
licensee
fail to agree to an informal meeting or fail to reach an | 5810 |
|
accommodation, or if the superintendent finds evidence of a | 5811 |
|
violation of division (G) of this section pursuant to an | 5812 |
|
investigation conducted pursuant to division (B)(9) of section | 5813 |
|
4763.03 of the Revised Code, the superintendent shall, within five | 5814 |
|
business days
of such determination, notify the complainant and | 5815 |
| certificate
holder, registrant, or licensee and investigate the | 5816 |
| conduct of
the certificate
holder, registrant, or licensee against | 5817 |
| whom the complaint is
filed. | 5818 |
| (D) Within sixty business days after receipt of the | 5819 |
|
complaint, or, if an informal meeting is held, within sixty days | 5820 |
|
after such meeting, the investigator shall file a written report | 5821 |
|
of the results of the investigation with the superintendent. | 5822 |
|
Within ten business days thereafter, the superintendent shall | 5823 |
|
review the report and determine whether there exists reasonable | 5824 |
|
and substantial evidence of a violation of division (G) of this | 5825 |
|
section by the certificate holder, registrant, or licensee. If
the | 5826 |
|
superintendent finds such evidence exists, within five business | 5827 |
|
days of that determination, the superintendent shall notify the | 5828 |
|
complainant and certificate holder, registrant, or licensee of
the | 5829 |
| determination. The certificate holder,
registrant, or licensee
may | 5830 |
| request a
hearing pursuant to Chapter 119. of the Revised Code. If | 5831 |
| the
superintendent finds that such evidence does not exist, within | 5832 |
|
five business days thereafter, the superintendent shall notify
the | 5833 |
| complainant and certificate holder, registrant, or licensee
of | 5834 |
| that
determination and the basis for the determination. Within | 5835 |
|
fifteen business days after the superintendent notifies the | 5836 |
|
complainant and certificate holder, registrant, or licensee that | 5837 |
|
such evidence
does not exist, the complainant may file with the | 5838 |
| division a
request that the real estate appraiser board review the | 5839 |
|
determination. If the complainant files such request, the board | 5840 |
|
shall review the determination at the next regularly scheduled | 5841 |
|
meeting held at least fifteen business days after the request is | 5842 |
|
filed but no longer than six months after the request is filed. | 5843 |
| The
board may hear the testimony of the complainant, certificate | 5844 |
|
holder, registrant, or licensee at the meeting upon the request
of | 5845 |
| that party. If the board affirms the determination of the | 5846 |
|
superintendent, the superintendent shall notify the complainant | 5847 |
|
and the certificate holder, registrant, or licensee within five | 5848 |
|
business days
thereafter. If the board reverses the determination | 5849 |
| of the
superintendent, a hearing shall be held and the complainant | 5850 |
| and
certificate holder, registrant, or licensee notified as | 5851 |
| provided
in this
division. | 5852 |
| (F) If the board determines that a licensee, registrant, or | 5860 |
|
certificate
holder has violated this chapter for which | 5861 |
| disciplinary action
may be taken under division (G) of this | 5862 |
| section, after review of
the referee's or examiner's report and | 5863 |
| the evidence as provided
in division (E) of this section, the | 5864 |
| board shall order the
disciplinary
action the board considers | 5865 |
| appropriate, which may include, but is
not limited to, any of the | 5866 |
| following: | 5867 |
| (3) Suspension of the certificate, registration, or
license | 5872 |
|
until the
certificate holder, registrant, or licensee complies | 5873 |
| with
conditions the board
sets, including but not limited to, | 5874 |
| successful completion of the
real estate appraiser examination | 5875 |
| described in division (D) of
section 4763.05 of the Revised Code | 5876 |
| or completion of a specific
number of hours of continuing | 5877 |
| education instruction in courses or
seminars approved by the | 5878 |
| board; | 5879 |
| (H) The board immediately shall notify the superintendent
of | 5937 |
| real estate of any disciplinary action taken under this
section | 5938 |
| against a certificate holder, registrant, or licensee
who also is | 5939 |
|
licensed under Chapter 4735. of the Revised Code, and also shall | 5940 |
|
notify any other federal, state, or local agency and any other | 5941 |
|
public or private association that the board determines is | 5942 |
|
responsible for licensing or otherwise regulating the
professional | 5943 |
| or business activity of the appraiser.
Additionally, the board | 5944 |
| shall notify the complainant and any
other party who may have | 5945 |
| suffered financial loss because of the
certificate holder's, | 5946 |
| registrant's, or licensee's violations,
that the complainant or | 5947 |
| other party may sue
for recovery under section 4763.16 of the | 5948 |
| Revised Code. The
notice provided under this division shall | 5949 |
| specify the conduct for
which the certificate holder, registrant, | 5950 |
| or licensee was
disciplined and the
disciplinary action taken by | 5951 |
| the board and the result of that
conduct. | 5952 |
| (J) If the board determines that a certificate holder, | 5957 |
|
registrant, or
licensee has violated this chapter for which | 5958 |
| disciplinary action
may be taken under division (G) of this | 5959 |
| section as a result of an
investigation conducted by the | 5960 |
| superintendent upon the
superintendent's own motion
or upon the | 5961 |
| request of the board, the superintendent shall notify
the | 5962 |
| certificate holder, registrant, or licensee of
the certificate | 5963 |
| holder's, registrant's, or licensee's right to
a hearing
pursuant | 5964 |
| to Chapter 119. of the Revised Code and to an appeal of
a final | 5965 |
| determination of such administrative proceedings to any
court of | 5966 |
| common pleas. | 5967 |
| (B) For the purpose of investigating
whether a person is | 6045 |
| engaging or has engaged in conduct described in division
(A) of | 6046 |
| this section, the board may administer oaths,
order the taking of | 6047 |
| depositions, issue subpoenas, examine witnesses, and
compel
the | 6048 |
| attendance of witnesses and production of books, accounts, papers, | 6049 |
|
records, documents,
and testimony. | 6050 |
| Section 2. That existing sections 3923.233, 3923.301, | 6104 |
| 4701.16, 4703.15, 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, | 6105 |
| 4717.14, 4719.03, 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, | 6106 |
| 4728.13, 4729.16, 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, | 6107 |
| 4731.226, 4731.25, 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, | 6108 |
| 4735.09, 4735.13, 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, | 6109 |
| 4740.06, 4740.10, 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, | 6110 |
| 4751.10, 4753.10, 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, | 6111 |
| 4759.07, 4760.13, 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, and | 6112 |
| 4781.09 of the Revised Code are hereby repealed. | 6113 |
| Section 3. Sections 3923.233, 3923.301, 4701.16, 4703.15, | 6114 |
| 4707.02, 4707.15, 4709.13, 4712.03, 4715.30, 4717.14, 4719.03, | 6115 |
| 4723.07, 4723.28, 4723.34, 4725.53, 4727.15, 4728.13, 4729.16, | 6116 |
| 4729.53, 4729.56, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25, | 6117 |
| 4732.17, 4733.20, 4734.31, 4734.39, 4735.07, 4735.09, 4735.13, | 6118 |
| 4735.27, 4735.28, 4738.04, 4738.07, 4738.18, 4740.06, 4740.10, | 6119 |
| 4741.22, 4747.12, 4749.03, 4749.04, 4749.06, 4751.10, 4753.10, | 6120 |
| 4755.10, 4755.47, 4755.64, 4757.36, 4758.30, 4759.07, 4760.13, | 6121 |
| 4761.09, 4762.13, 4763.11, 4765.18, 4779.28, and 4781.09 of the | 6122 |
| Revised Code, as amended by this act, shall take effect ninety | 6123 |
| days after the effective date of this act. | 6124 |