Sec. 2151.421. (A)(1)(a) No person described in division | 11 |
(A)(1)(b) of this section who is acting in an
official or | 12 |
professional capacity and knows, or has reasonable cause to | 13 |
suspect based on facts that would cause a reasonable person in a | 14 |
similar position to suspect, that a child under
eighteen years of | 15 |
age or a mentally
retarded, developmentally
disabled, or | 16 |
physically impaired child under
twenty-one years of
age has | 17 |
suffered or faces a
threat of suffering any physical or
mental | 18 |
wound, injury,
disability, or condition of a nature that | 19 |
reasonably indicates
abuse or neglect of the child shall fail to | 20 |
immediately report
that knowledge or reasonable cause to suspect | 21 |
to the entity or
persons specified in this division. Except as | 22 |
provided in section
5120.173 of the Revised Code, the person | 23 |
making the report shall
make it to the public
children services | 24 |
agency or a municipal or
county peace officer in
the county in | 25 |
which the child resides or
in which the abuse or
neglect is | 26 |
occurring or has occurred.
In the
circumstances described in | 27 |
section 5120.173 of the Revised Code,
the person making the report | 28 |
shall make it to the entity specified
in that section. | 29 |
(b) Division (A)(1)(a)
of this section applies to any person | 30 |
who is an attorney;
physician, including a hospital intern or | 31 |
resident; dentist;
podiatrist; practitioner of a limited branch of | 32 |
medicine
as specified in section 4731.15 of the Revised
Code; | 33 |
registered nurse;
licensed practical nurse; visiting nurse; other | 34 |
health care
professional; licensed psychologist; licensed school | 35 |
psychologist; independent marriage and family therapist or | 36 |
marriage and family therapist; speech pathologist or audiologist; | 37 |
coroner;
administrator or employee of a child day-care center; | 38 |
administrator or
employee of a residential camp or child day camp; | 39 |
administrator or employee of a certified child care agency or | 40 |
other public or private children services agency; school
teacher; | 41 |
school employee; school authority; person engaged in
social work | 42 |
or the practice of professional counseling; agent of a county | 43 |
humane society; person, other than a cleric, rendering
spiritual | 44 |
treatment through prayer in
accordance with the tenets
of a | 45 |
well-recognized religion; superintendent, board member, or | 46 |
employee of a county board of mental retardation; investigative | 47 |
agent contracted with by a county board of mental retardation; | 48 |
employee of the department of mental retardation and developmental | 49 |
disabilities; employee of a facility or home that provides respite | 50 |
care in accordance with section 5123.171 of the Revised Code; | 51 |
employee of a home health agency; employee of an entity that | 52 |
provides homemaker services; a person performing the duties of an | 53 |
assessor pursuant to Chapter 3107. or 5103. of the Revised Code; | 54 |
or third party employed by a public children services agency to | 55 |
assist in providing child or family related services. | 56 |
(2) Except as provided in division (A)(3) of this section, an | 57 |
attorney or a physician is not required to make a
report
pursuant | 58 |
to division (A)(1) of this section concerning any
communication | 59 |
the attorney or physician
receives from a
client or
patient in an | 60 |
attorney-client or physician-patient
relationship,
if, in | 61 |
accordance with division (A) or (B)
of section
2317.02 of
the | 62 |
Revised Code, the attorney or physician could not
testify with | 63 |
respect to that communication in a civil or criminal proceeding. | 64 |
(3) The client or patient in an attorney-client or | 65 |
physician-patient relationship described in division (A)(2) of | 66 |
this section is deemed to have waived any
testimonial
privilege | 67 |
under division (A) or (B) of section 2317.02
of the
Revised
Code | 68 |
with respect to any communication the attorney or physician | 69 |
receives from the client or patient in that attorney-client or | 70 |
physician-patient relationship, and the
attorney or physician | 71 |
shall
make a report pursuant to division
(A)(1) of this section | 72 |
with
respect to that communication, if all
of the following apply: | 73 |
(b) The attorney or physician knows, or has reasonable cause | 78 |
to suspect based on facts that would cause a reasonable person in | 79 |
similar position to suspect, as a result
of the
communication or | 80 |
any observations made during that
communication,
that the client | 81 |
or patient has suffered or faces a
threat of suffering
any | 82 |
physical or mental wound, injury,
disability, or condition of a | 83 |
nature that reasonably indicates
abuse or neglect of the client or | 84 |
patient. | 85 |
(4)(a) No cleric and no person, other than a volunteer, | 90 |
designated by any church, religious society, or faith acting as a | 91 |
leader, official, or delegate on behalf of the church, religious | 92 |
society, or faith who is acting in an official or professional | 93 |
capacity, who knows, or has reasonable cause to believe based on | 94 |
facts that would cause a reasonable person in a similar position | 95 |
to believe, that a child under eighteen years of age or a mentally | 96 |
retarded, developmentally disabled, or physically impaired child | 97 |
under twenty-one years of age has suffered or faces a threat of | 98 |
suffering any physical or mental wound, injury, disability, or | 99 |
condition of a nature that reasonably indicates abuse or neglect | 100 |
of the child, and who knows, or has reasonable cause to believe | 101 |
based on facts that would cause a reasonable person in a similar | 102 |
position to believe, that another cleric or another person, other | 103 |
than a volunteer, designated by a church, religious society, or | 104 |
faith acting as a leader, official, or delegate on behalf of the | 105 |
church, religious society, or faith caused, or poses the threat of | 106 |
causing, the wound, injury, disability, or condition that | 107 |
reasonably indicates abuse or neglect shall fail to immediately | 108 |
report that knowledge or reasonable cause to believe to the entity | 109 |
or persons specified in this division. Except as provided in | 110 |
section 5120.173 of the Revised Code, the person making the report | 111 |
shall make it to the public children services agency or a | 112 |
municipal or county peace officer in the county in which the child | 113 |
resides or in which the abuse or neglect is occurring or has | 114 |
occurred. In the circumstances described in section 5120.173 of | 115 |
the Revised Code, the person making the report shall make it to | 116 |
the entity specified in that section. | 117 |
(b) Except as provided in division (A)(4)(c) of this section, | 118 |
a cleric is not required to make a report pursuant to division | 119 |
(A)(4)(a) of this section concerning any communication the cleric | 120 |
receives from a penitent in a cleric-penitent relationship, if, in | 121 |
accordance with division (C) of section 2317.02 of the Revised | 122 |
Code, the cleric could not testify with respect to that | 123 |
communication in a civil or criminal proceeding. | 124 |
(ii) The cleric knows, or has reasonable cause to believe | 137 |
based on facts that would cause a reasonable person in a similar | 138 |
position to believe, as a result of the communication or any | 139 |
observations made during that communication, the penitent has | 140 |
suffered or faces a threat of suffering any physical or mental | 141 |
wound, injury, disability, or condition of a nature that | 142 |
reasonably indicates abuse or neglect of the penitent. | 143 |
(B)
Anyone
who knows, or has reasonable cause to suspect | 158 |
based on facts that would cause a reasonable person in similar | 159 |
circumstances to suspect, that a child under
eighteen
years of age | 160 |
or
a mentally
retarded, developmentally disabled, or
physically | 161 |
impaired person
under twenty-one years of age has
suffered or | 162 |
faces a
threat of suffering any physical or mental
wound, injury, | 163 |
disability, or other condition of a nature that
reasonably | 164 |
indicates abuse or neglect of the child may report or
cause | 165 |
reports to be made of that knowledge or reasonable cause to | 166 |
suspect
to the
entity or persons specified in this division. | 167 |
Except as provided
in section 5120.173 of the Revised Code, a | 168 |
person making a report
or causing a report to be made under this | 169 |
division shall make it
or cause it to be made to the public | 170 |
children services agency or
to a municipal
or
county peace | 171 |
officer.
In the circumstances
described in section 5120.173 of the | 172 |
Revised Code, a person making
a report or causing a report to be | 173 |
made under this division shall
make it or cause it to be made to | 174 |
the entity specified in that
section. | 175 |
(2) The child's age and the nature and extent of the
child's
| 183 |
injuries, abuse, or neglect that is known or reasonably suspected | 184 |
or believed, as applicable, to have occurred or of the
threat of | 185 |
injury, abuse, or neglect that is known or reasonably suspected or | 186 |
believed, as applicable, to exist, including
any
evidence of | 187 |
previous injuries, abuse, or neglect; | 188 |
(b) If the county served by the agency is also served by a | 215 |
children's advocacy center and the report alleges sexual abuse of | 216 |
a child or another type of abuse of a child that is specified in | 217 |
the memorandum of understanding that creates the center as being | 218 |
within the center's jurisdiction, comply regarding the report with | 219 |
the protocol and procedures for referrals and investigations, with | 220 |
the coordinating activities, and with the authority or | 221 |
responsibility for performing or providing functions, activities, | 222 |
and services stipulated in the interagency agreement entered into | 223 |
under section 2151.428 of the Revised Code relative to that | 224 |
center. | 225 |
(E) No township, municipal, or county peace officer shall | 226 |
remove a child
about whom a report is made pursuant to this | 227 |
section from the child's parents,
stepparents, or guardian or any | 228 |
other persons having custody of the child
without consultation | 229 |
with the
public children services agency, unless,
in
the judgment | 230 |
of the officer, and, if the
report was made by physician, the | 231 |
physician,
immediate removal is considered essential to protect | 232 |
the child
from further abuse or neglect.
The agency that
must be | 233 |
consulted shall be the agency conducting the
investigation of the | 234 |
report as determined pursuant to section
2151.422 of the Revised | 235 |
Code. | 236 |
(F)(1) Except as
provided in section 2151.422 of the Revised | 237 |
Code or in an interagency agreement entered into under section | 238 |
2151.428 of the Revised Code that applies to the particular | 239 |
report, the public
children
services agency shall investigate, | 240 |
within twenty-four
hours, each
report of child
abuse or child | 241 |
neglect that is known or reasonably suspected or believed to have | 242 |
occurred and of
a threat of child
abuse or child neglect that is | 243 |
known or reasonably suspected or believed to exist that
is | 244 |
referred to it under this section
to determine the
circumstances | 245 |
surrounding the injuries, abuse, or
neglect or the
threat of | 246 |
injury, abuse, or neglect, the cause of
the injuries,
abuse, | 247 |
neglect, or threat, and the person or persons
responsible.
The | 248 |
investigation shall be made in cooperation with
the law | 249 |
enforcement agency and in accordance with the memorandum
of | 250 |
understanding
prepared under
division (J) of this section. A | 251 |
representative of the public children services agency shall, at | 252 |
the time of initial contact with the person subject to the | 253 |
investigation, inform the person of the specific complaints or | 254 |
allegations made against the person. The information shall be | 255 |
given in a manner that is consistent with division (H)(1) of this | 256 |
section and protects the rights of the person making the report | 257 |
under this section. | 258 |
A
failure to make the investigation in accordance with the | 259 |
memorandum is
not grounds for, and shall not result in,
the | 260 |
dismissal of any charges or complaint arising from the report or | 261 |
the suppression of any evidence obtained as a result of the
report | 262 |
and does not give, and shall not be construed as giving,
any | 263 |
rights or any grounds for appeal or post-conviction relief to
any | 264 |
person. The public
children
services agency shall report each
case | 265 |
to the uniform statewide automated child welfare information | 266 |
system that
the department of job and family
services
shall | 267 |
maintain in accordance with section 5101.13 of the Revised Code. | 268 |
The
public children services agency
shall submit a report of its | 269 |
investigation,
in writing, to the law
enforcement agency. | 270 |
(G)(1)(a) Except as provided in division (H)(3) of this | 275 |
section, anyone or any hospital, institution, school, health | 276 |
department, or agency participating in the making of reports
under | 277 |
division (A) of this section, anyone or any hospital,
institution, | 278 |
school, health department, or agency participating
in good faith | 279 |
in the making of reports under division (B) of this
section, and | 280 |
anyone participating in good faith in a judicial
proceeding | 281 |
resulting from the reports, shall be immune from any
civil or | 282 |
criminal liability for injury, death, or loss to person
or | 283 |
property that otherwise might be incurred or imposed as a
result | 284 |
of the making of the reports or the participation in the
judicial | 285 |
proceeding. | 286 |
(2) In any civil or criminal action or proceeding in which
it | 293 |
is alleged and proved that participation in the making of a
report | 294 |
under this section was not in good faith or participation
in a | 295 |
judicial proceeding resulting from a report made under this | 296 |
section was not in good faith, the court shall award the | 297 |
prevailing party reasonable attorney's fees and costs and, if a | 298 |
civil action or proceeding is voluntarily dismissed, may award | 299 |
reasonable attorney's fees and costs to the party against whom
the | 300 |
civil action or proceeding is brought. | 301 |
(H)(1) Except as provided in divisions (H)(4) and
(M)
of this | 302 |
section, a report made under this section is confidential.
The | 303 |
information provided in a report made pursuant to this
section
and | 304 |
the name of the person who made the report shall not
be
released | 305 |
for use, and shall not be used, as evidence in any
civil
action or | 306 |
proceeding brought against the person who made
the
report. In a | 307 |
criminal proceeding, the report is admissible
in
evidence in | 308 |
accordance with the Rules of Evidence and is
subject
to discovery | 309 |
in accordance with the Rules of Criminal
Procedure. | 310 |
(4) If a report is made pursuant to division (A) or
(B) of | 319 |
this section and the child who is the subject of the report
dies | 320 |
for any reason at any time after the report is made, but before | 321 |
the child
attains eighteen years of age, the public
children | 322 |
services agency or municipal or county peace officer to which the | 323 |
report was made or referred, on the request of the child fatality | 324 |
review
board,
shall submit a summary sheet of information | 325 |
providing a summary of the
report to the review board of the | 326 |
county in which the deceased
child resided at the time of death. | 327 |
On the request of the review
board, the agency or peace officer | 328 |
may, at its discretion, make
the report available to the review | 329 |
board. If the county served by the public children services agency | 330 |
is also served by a children's advocacy center and the report of | 331 |
alleged sexual abuse of a child or another type of abuse of a | 332 |
child is specified in the memorandum of understanding that creates | 333 |
the center as being within the center's jurisdiction, the agency | 334 |
or center shall perform the duties and functions specified in this | 335 |
division in accordance with the interagency agreement entered into | 336 |
under section 2151.428 of the Revised Code relative to that | 337 |
advocacy center. | 338 |
(5) A public children services agency shall advise
a person | 339 |
alleged to have inflicted abuse or neglect on a child
who is the | 340 |
subject of a report made pursuant to this section, including a | 341 |
report alleging sexual abuse of a child or another type of abuse | 342 |
of a child referred to a children's advocacy center pursuant to an | 343 |
interagency agreement entered into under section 2151.428 of the | 344 |
Revised Code, in writing
of
the
disposition of the investigation. | 345 |
The agency shall not
provide to the person
any information that | 346 |
identifies the
person
who made the report, statements of | 347 |
witnesses, or police or other
investigative reports. | 348 |
(I) Any report that is required by this section, other than
a | 349 |
report that is made to the state highway patrol as described in | 350 |
section 5120.173 of the Revised Code, shall
result
in protective | 351 |
services and emergency supportive services
being
made available by | 352 |
the public children services
agency on behalf of
the children | 353 |
about whom
the report is made, in an effort to
prevent further | 354 |
neglect or
abuse, to enhance their welfare, and,
whenever | 355 |
possible, to
preserve the family unit intact.
The agency
required | 356 |
to provide the services shall be the agency conducting
the | 357 |
investigation of the report pursuant to section 2151.422 of
the | 358 |
Revised
Code. | 359 |
(2) A memorandum of understanding shall set forth the normal | 385 |
operating procedure to be employed by
all concerned officials in | 386 |
the execution of their respective
responsibilities under this | 387 |
section and division (C) of section
2919.21, division (B)(1) of | 388 |
section 2919.22, division (B) of
section 2919.23, and section | 389 |
2919.24 of the Revised Code and
shall have as two of its primary | 390 |
goals the elimination of all
unnecessary interviews of children | 391 |
who are the subject of reports
made pursuant to division (A) or | 392 |
(B) of this section and, when
feasible, providing for only one | 393 |
interview of a child who is the
subject of any report made | 394 |
pursuant to division (A) or (B) of
this section. A failure to | 395 |
follow the procedure set forth in the
memorandum by
the concerned | 396 |
officials is not grounds for, and shall not result in, the | 397 |
dismissal of any charges or complaint arising from any reported | 398 |
case of abuse or neglect or the suppression of any evidence | 399 |
obtained as a result of any reported child abuse or child neglect | 400 |
and does not give, and shall not be construed as giving, any | 401 |
rights or any grounds for appeal or post-conviction relief to any | 402 |
person. | 403 |
(K)(1) Except as provided in division
(K)(4) of this
section, | 421 |
a person who is required to make
a report pursuant to
division (A) | 422 |
of this section may
make a reasonable number of
requests of the | 423 |
public children services
agency that receives or
is
referred the | 424 |
report, or of the children's advocacy center that is referred the | 425 |
report if the report is referred to a children's advocacy center | 426 |
pursuant to an interagency agreement entered into under section | 427 |
2151.428 of the Revised Code, to be provided with
the following | 428 |
information: | 429 |
When a municipal or county peace officer or employee of a | 445 |
public children services
agency
receives a report pursuant to | 446 |
division (A) or
(B) of this section the recipient of the report | 447 |
shall inform the person of the
right to request the
information | 448 |
described in division (K)(1) of this section. The recipient of
the | 449 |
report shall include in the initial child abuse or child
neglect | 450 |
report that the person making the report was so informed
and, if | 451 |
provided at the time of the making of the report, shall
include | 452 |
the person's name, address, and telephone number in the
report. | 453 |
(a) "Out-of-home care" includes a nonchartered nonpublic | 479 |
school if the alleged child abuse or child neglect, or alleged | 480 |
threat of child abuse or child neglect, described in a report | 481 |
received by a public children services agency allegedly occurred | 482 |
in or involved the nonchartered nonpublic school and the alleged | 483 |
perpetrator named in the report holds a certificate, permit, or | 484 |
license issued by the state board of education under section | 485 |
3301.071 or Chapter 3319. of the Revised Code. | 486 |
(2) No later than the end of the day
following the day on | 491 |
which a public children services agency
receives a report of | 492 |
alleged child abuse or child
neglect, or a report of an alleged | 493 |
threat of child abuse or child
neglect, that allegedly occurred in | 494 |
or involved an out-of-home
care entity, the agency shall provide | 495 |
written notice
of the allegations contained in and the person | 496 |
named as the alleged
perpetrator in the report to the | 497 |
administrator, director, or other chief
administrative officer of | 498 |
the out-of-home care entity that is the
subject of the report | 499 |
unless the administrator, director, or
other chief administrative | 500 |
officer is named as an alleged
perpetrator in the report. If the | 501 |
administrator, director, or
other chief administrative officer of | 502 |
an out-of-home care entity
is named as an alleged perpetrator in a | 503 |
report of alleged child
abuse or child neglect, or a report of an | 504 |
alleged threat of child
abuse or child neglect, that allegedly | 505 |
occurred in or involved
the out-of-home care entity, the agency | 506 |
shall provide the written notice
to
the owner or governing board | 507 |
of the out-of-home care entity that
is the subject of the report. | 508 |
The agency
shall not provide
witness statements or police or other | 509 |
investigative reports. | 510 |
(3) No later than three days after the day on
which a public | 511 |
children services agency that
conducted the investigation as | 512 |
determined pursuant to section 2151.422
of the Revised Code makes | 513 |
a
disposition of an investigation involving a report of alleged | 514 |
child abuse or child neglect, or a report of an alleged threat of | 515 |
child abuse or child neglect, that allegedly occurred in or | 516 |
involved an out-of-home care entity, the
agency
shall send written | 517 |
notice of the disposition of the
investigation to the | 518 |
administrator, director, or other chief
administrative officer and | 519 |
the owner or governing board of the
out-of-home care entity. The | 520 |
agency shall
not provide witness
statements or police or other | 521 |
investigative reports. | 522 |
Sec. 4731.22. (A) The state medical board,
by an
affirmative | 538 |
vote of not fewer than six of its members,
may revoke
or may | 539 |
refuse to grant a certificate to a person found by the
board to | 540 |
have committed fraud during the administration of the
examination | 541 |
for a certificate to practice or to have
committed
fraud, | 542 |
misrepresentation, or deception in applying for
or securing
any | 543 |
certificate to practice or certificate of
registration issued
by | 544 |
the board. | 545 |
(B) The board, by an affirmative
vote of not fewer than
six | 546 |
members, shall, to the extent permitted by law, limit,
revoke, or | 547 |
suspend an individual's certificate to
practice, refuse to | 548 |
register an individual, refuse
to reinstate a certificate, or | 549 |
reprimand or place on
probation the
holder of a certificate for | 550 |
one or more of the following reasons: | 551 |
(3) Selling, giving away, personally furnishing,
prescribing, | 560 |
or
administering drugs for other than legal and
legitimate | 561 |
therapeutic purposes
or a plea of guilty to, a judicial
finding of | 562 |
guilt of, or a
judicial finding of eligibility for
intervention in | 563 |
lieu of conviction
of, a violation of any federal
or state law | 564 |
regulating the possession,
distribution, or use of
any drug; | 565 |
For purposes of this division, "willfully betraying a | 567 |
professional
confidence" does not include providing any | 568 |
information, documents, or reports
to a child fatality review | 569 |
board under sections 307.621 to 307.629 of the
Revised Code and | 570 |
does not include the making of a report of an
employee's use of a | 571 |
drug of abuse, or a report of a condition of
an employee other | 572 |
than one involving the use of a drug of abuse,
to the employer of | 573 |
the employee as described in division (B) of
section 2305.33 of | 574 |
the Revised Code.
Nothing in this division
affects the immunity | 575 |
from
civil liability conferred by that section upon a physician | 576 |
who
makes either type of report in accordance with division (B) of | 577 |
that section. As used in this division, "employee," "employer," | 578 |
and "physician" have the same meanings as in section 2305.33 of | 579 |
the Revised Code. | 580 |
(5) Making a false, fraudulent,
deceptive, or misleading | 581 |
statement
in the solicitation of or advertising
for patients; in | 582 |
relation
to the practice of medicine and surgery, osteopathic | 583 |
medicine
and surgery, podiatric medicine and surgery, or a
limited | 584 |
branch of medicine;
or in securing or attempting to secure
any | 585 |
certificate
to practice or certificate of registration issued
by | 586 |
the board. | 587 |
As used in this division, "false, fraudulent, deceptive, or | 588 |
misleading statement" means a statement that includes a | 589 |
misrepresentation of fact, is likely to mislead or deceive
because | 590 |
of a failure to disclose material facts, is intended or
is likely | 591 |
to create false or unjustified expectations of
favorable results, | 592 |
or includes representations or implications
that in reasonable | 593 |
probability will cause an ordinarily prudent
person to | 594 |
misunderstand or be deceived. | 595 |
(18) Subject to section 4731.226 of the Revised Code, | 633 |
violation of
any provision of a code of ethics
of the American | 634 |
medical association, the American osteopathic
association, the | 635 |
American podiatric medical association, or any
other national | 636 |
professional organizations that
the board specifies by
rule. The | 637 |
state medical board shall
obtain and keep on file current copies | 638 |
of the codes of ethics of
the various national professional | 639 |
organizations. The
individual whose certificate is being
suspended | 640 |
or
revoked
shall not be found to have violated any
provision of a | 641 |
code of
ethics of an organization not appropriate
to the | 642 |
individual's profession. | 643 |
For purposes of this division, a "provision of a code
of | 644 |
ethics of a national professional organization" does not
include | 645 |
any provision that would preclude the making of a
report by a | 646 |
physician of an employee's use of a drug of abuse, or
of a | 647 |
condition of an employee other than one involving the use of
a | 648 |
drug of abuse, to the employer of the employee as described in | 649 |
division (B) of section 2305.33 of the Revised Code. Nothing
in | 650 |
this division affects the
immunity from civil liability conferred | 651 |
by that section upon a
physician who makes either type of report | 652 |
in accordance with
division (B) of that section. As used in this | 653 |
division,
"employee," "employer," and "physician" have the same | 654 |
meanings as
in section 2305.33 of the Revised Code. | 655 |
In enforcing this division, the board, upon a
showing of a | 661 |
possible violation, may compel any individual
authorized to | 662 |
practice by this chapter or
who has
submitted an application | 663 |
pursuant to this chapter
to submit to a mental examination, | 664 |
physical
examination, including an HIV test, or both a mental
and | 665 |
a physical
examination. The expense of the
examination is the | 666 |
responsibility of the individual compelled to be
examined.
Failure | 667 |
to submit to a mental or physical examination
or consent
to an HIV | 668 |
test ordered by the board
constitutes an admission of
the | 669 |
allegations against the
individual
unless the failure is due
to | 670 |
circumstances beyond the individual's control,
and a default
and | 671 |
final order may be entered without the taking
of testimony or | 672 |
presentation of evidence. If the board finds an
individual unable | 673 |
to practice because of the reasons
set forth in
this division, the | 674 |
board shall require the individual
to submit to
care, counseling, | 675 |
or treatment by physicians approved or
designated by the board, as | 676 |
a condition for initial, continued,
reinstated, or renewed | 677 |
authority to practice. An
individual
affected under this division | 678 |
shall be
afforded an opportunity to demonstrate to the board the | 679 |
ability to
resume practice in compliance with acceptable and | 680 |
prevailing
standards under the provisions of the individual's | 681 |
certificate.
For the
purpose of this division, any individual who | 682 |
applies for or receives a certificate to
practice under this | 683 |
chapter accepts the privilege of
practicing in
this state and, by | 684 |
so doing, shall be
deemed to have given consent to submit to a | 685 |
mental or
physical examination when directed to do so in writing | 686 |
by the
board, and to have waived all objections to the | 687 |
admissibility of
testimony or examination reports that constitute | 688 |
a privileged
communication. | 689 |
(20) Except when civil penalties are imposed under section | 690 |
4731.225
or 4731.281 of the Revised Code, and subject to section | 691 |
4731.226 of the Revised Code, violating or
attempting to violate, | 692 |
directly or indirectly, or assisting in or
abetting the violation | 693 |
of, or conspiring to violate, any
provisions of this chapter or | 694 |
any rule promulgated by the board. | 695 |
This division does not apply to a violation or attempted | 696 |
violation of, assisting in or abetting the violation of, or a | 697 |
conspiracy to violate, any provision of this chapter or any rule | 698 |
adopted by the board that would preclude the making
of a
report by | 699 |
a physician of an employee's use of a drug of abuse, or
of a | 700 |
condition of an employee other than one involving the use of
a | 701 |
drug of abuse, to the employer of the employee as described in | 702 |
division (B) of section 2305.33 of the Revised Code. Nothing
in | 703 |
this division affects the
immunity from civil liability conferred | 704 |
by that section upon a
physician who makes either type of report | 705 |
in accordance with
division (B) of that section. As used in this | 706 |
division,
"employee," "employer," and "physician" have the same | 707 |
meanings as
in section 2305.33 of the Revised Code. | 708 |
(22) Any of the following actions taken by the agency | 712 |
responsible for regulating the practice of medicine and surgery, | 713 |
osteopathic
medicine and surgery, podiatric medicine and surgery, | 714 |
or the limited branches of medicine in
another jurisdiction, for | 715 |
any reason other than the
nonpayment of fees: the
limitation, | 716 |
revocation, or suspension of an individual's license
to practice; | 717 |
acceptance of an
individual's license surrender; denial of a | 718 |
license; refusal to
renew or reinstate
a license; imposition of | 719 |
probation; or
issuance of an order of censure or other reprimand; | 720 |
(23) The violation of section 2919.12 of the Revised Code
or | 721 |
the performance or inducement of an abortion upon a pregnant
woman | 722 |
with actual knowledge that the conditions specified in
division | 723 |
(B) of section 2317.56 of the Revised Code have not been
satisfied | 724 |
or with a heedless indifference as to whether those
conditions | 725 |
have been satisfied, unless an affirmative defense as
specified in | 726 |
division (H)(2) of that section would apply in a
civil action | 727 |
authorized by division (H)(1) of that section; | 728 |
For the purposes of this division, any individual authorized | 744 |
to practice
by this chapter accepts
the privilege of
practicing in | 745 |
this state subject to supervision by the board. By
filing an | 746 |
application for or
holding a
certificate to practice under this | 747 |
chapter, an
individual shall
be deemed to have given consent to | 748 |
submit to a mental or
physical examination when ordered to do so | 749 |
by the board in
writing, and to have waived all objections to the | 750 |
admissibility
of testimony or examination reports that constitute | 751 |
privileged
communications. | 752 |
If it has reason to believe that any individual authorized to | 753 |
practice by
this chapter or any applicant for
certification to | 754 |
practice suffers such impairment, the board may compel
the | 755 |
individual to submit to a mental or physical examination, or
both. | 756 |
The expense of the examination is the
responsibility of the | 757 |
individual
compelled to be examined. Any
mental or physical | 758 |
examination required under this division shall
be undertaken by a | 759 |
treatment provider or physician who is qualified to
conduct the | 760 |
examination and who is chosen by the
board. | 761 |
Failure to submit to a mental or physical
examination ordered | 762 |
by the board constitutes an admission of the
allegations against | 763 |
the individual unless the failure is due to
circumstances beyond | 764 |
the individual's control, and a default and
final order may be | 765 |
entered without the taking of testimony or
presentation of | 766 |
evidence. If the board determines that the
individual's ability
to | 767 |
practice is impaired, the board shall
suspend the individual's | 768 |
certificate or deny the
individual's application and shall require | 769 |
the individual, as a condition for initial, continued,
reinstated, | 770 |
or renewed certification to practice, to
submit to treatment. | 771 |
When the impaired practitioner resumes practice, the board | 793 |
shall
require continued
monitoring of the individual. The | 794 |
monitoring shall include, but not be
limited to, compliance with | 795 |
the written consent agreement entered
into before reinstatement or | 796 |
with conditions imposed by board
order after a hearing, and, upon | 797 |
termination of the consent
agreement, submission to the board for | 798 |
at least two years of
annual written progress reports made under | 799 |
penalty of perjury
stating whether the individual has maintained | 800 |
sobriety. | 801 |
(34) Failure to cooperate in an investigation conducted by | 838 |
the board under division (F) of this section, including
failure to | 839 |
comply with a subpoena or order issued by the board
or failure to | 840 |
answer truthfully a question presented by the
board at a | 841 |
deposition or in written interrogatories, except that
failure to | 842 |
cooperate with an investigation shall not constitute
grounds for | 843 |
discipline under this section if a court of
competent jurisdiction | 844 |
has issued an order that either quashes a
subpoena or permits the | 845 |
individual to withhold the testimony or
evidence in issue; | 846 |
(C) Disciplinary actions taken by the board under divisions | 857 |
(A) and (B) of this section shall be taken pursuant to an | 858 |
adjudication under Chapter 119. of the Revised Code, except that | 859 |
in lieu of an
adjudication, the board may enter into a consent | 860 |
agreement with an
individual to resolve an allegation of a | 861 |
violation of this chapter or any rule
adopted under it. A consent | 862 |
agreement, when ratified by an
affirmative vote of not fewer than | 863 |
six members of the board,
shall constitute the findings and order | 864 |
of the board with
respect to the matter addressed in the | 865 |
agreement. If the board
refuses to ratify a consent agreement,
the | 866 |
admissions and
findings contained in the consent agreement
shall | 867 |
be of no force
or effect. | 868 |
If the board takes disciplinary action against an individual | 869 |
under division (B) of this section for a second or subsequent plea | 870 |
of guilty to, or judicial finding of guilt of, a violation of | 871 |
section 2919.123 of the Revised Code, the disciplinary action | 872 |
shall consist of a suspension of the individual's certificate to | 873 |
practice for a period of at least one year or, if determined | 874 |
appropriate by the board, a more serious sanction involving the | 875 |
individual's certificate to practice. Any consent agreement | 876 |
entered into under this division with an individual that pertains | 877 |
to a second or subsequent plea of guilty to, or judicial finding | 878 |
of guilt of, a violation of that section shall provide for a | 879 |
suspension of the individual's certificate to practice for a | 880 |
period of at least one year or, if determined appropriate by the | 881 |
board, a more serious sanction involving the individual's | 882 |
certificate to practice. | 883 |
(D) For purposes of divisions (B)(10), (12), and (14) of
this | 884 |
section, the commission of the act may be established by a
finding | 885 |
by the board, pursuant to an adjudication under
Chapter
119. of | 886 |
the Revised Code, that the individual committed the act.
The board | 887 |
does not have jurisdiction under those divisions if
the
trial | 888 |
court renders a final judgment in the individual's favor and
that | 889 |
judgment is based upon an
adjudication on
the merits. The
board | 890 |
has jurisdiction under those
divisions if the trial court
issues | 891 |
an order of
dismissal upon technical or procedural grounds. | 892 |
(E) The sealing of conviction records by any court shall
have | 893 |
no effect upon a prior board order entered under this section
or | 894 |
upon the board's jurisdiction to take action under this section | 895 |
if,
based upon a plea of guilty,
a judicial finding of guilt, or a | 896 |
judicial finding of eligibility for intervention in
lieu of | 897 |
conviction, the board issued a notice of opportunity for
a hearing | 898 |
prior to the court's order to seal the records. The
board shall | 899 |
not be required to seal, destroy, redact, or
otherwise modify its | 900 |
records to reflect the court's sealing of
conviction records. | 901 |
(F)(1) The board shall investigate evidence that appears
to | 902 |
show that a person has violated any provision of this
chapter or | 903 |
any rule adopted under it. Any person may report to the board
in
a | 904 |
signed writing
any information that the person may have that | 905 |
appears to show a
violation of any provision of this chapter or | 906 |
any rule
adopted under it. In the absence of bad
faith, any
person | 907 |
who reports information of that nature or who testifies
before the | 908 |
board in any adjudication conducted under
Chapter 119.
of the | 909 |
Revised Code shall not be liable
in damages in a civil
action as a | 910 |
result of the report or
testimony. Each
complaint or
allegation of | 911 |
a violation received by the
board shall be assigned
a case number | 912 |
and shall be recorded by
the board. | 913 |
(3) In investigating a possible violation of
this chapter or | 923 |
any rule adopted
under this chapter, the board
may administer | 924 |
oaths, order the taking of depositions, issue
subpoenas, and | 925 |
compel the attendance of witnesses and production
of books, | 926 |
accounts, papers, records, documents, and testimony, except
that a | 927 |
subpoena for patient record information shall not be issued | 928 |
without
consultation with the attorney general's office and | 929 |
approval of
the secretary and supervising member
of the board. | 930 |
Before issuance of a
subpoena for patient record information, the | 931 |
secretary and supervising member shall
determine
whether there is | 932 |
probable cause to believe that the complaint filed alleges a | 933 |
violation of this chapter or any rule adopted under it and that | 934 |
the records
sought are relevant
to the alleged violation and | 935 |
material to the investigation.
The subpoena may apply only to | 936 |
records that cover a
reasonable period of time surrounding the | 937 |
alleged violation. | 938 |
A subpoena issued by the board may be served by a sheriff, | 943 |
the sheriff's deputy, or a board employee designated by the
board. | 944 |
Service of a subpoena issued by the board may be
made by | 945 |
delivering a copy of the subpoena to the
person named therein, | 946 |
reading it to the person, or leaving it at
the person's usual | 947 |
place of residence. When the person being
served is a person
whose | 948 |
practice is authorized by this chapter,
service of the
subpoena | 949 |
may be made by certified mail,
restricted delivery,
return receipt | 950 |
requested, and the subpoena
shall be deemed served
on the date | 951 |
delivery is made or the date
the person refuses to
accept | 952 |
delivery. | 953 |
The board shall conduct all investigations and proceedings
in | 965 |
a manner that protects the
confidentiality of patients and persons | 966 |
who file complaints with the
board. The
board shall not make | 967 |
public the names or any other identifying
information about | 968 |
patients or complainants unless proper consent is
given or, in the | 969 |
case of a patient, a
waiver of the patient privilege exists under | 970 |
division (B) of
section 2317.02 of the Revised Code, except that | 971 |
consent
or a waiver of that nature is not required if the board | 972 |
possesses reliable and
substantial evidence that no bona fide | 973 |
physician-patient
relationship exists. | 974 |
The board may
share any information it receives pursuant to | 975 |
an investigation, including
patient records and patient record | 976 |
information, with law
enforcement agencies, other licensing | 977 |
boards, and other
governmental
agencies that are prosecuting, | 978 |
adjudicating, or investigating alleged
violations of statutes or | 979 |
administrative rules. An agency
or board that receives the | 980 |
information shall comply with the same
requirements regarding | 981 |
confidentiality as those with which the state medical
board must | 982 |
comply, notwithstanding any conflicting provision
of the Revised | 983 |
Code or procedure
of the agency or board that applies when it is | 984 |
dealing with
other information in its possession. In a judicial | 985 |
proceeding,
the information
may
be admitted into evidence only in | 986 |
accordance with
the Rules of Evidence, but the court shall require | 987 |
that appropriate measures are taken to ensure that
confidentiality | 988 |
is maintained with respect to any part of the information that | 989 |
contains names or other identifying information about patients or | 990 |
complainants
whose confidentiality was protected by the state | 991 |
medical board when the
information was in the board's possession. | 992 |
Measures to ensure confidentiality
that may be taken by the court | 993 |
include sealing its records or deleting
specific information
from | 994 |
its records. | 995 |
The board shall issue a written order of suspension by | 1025 |
certified mail or in person in accordance with section 119.07 of | 1026 |
the Revised Code. The order shall not be subject to
suspension
by | 1027 |
the court during pendency of any appeal filed under section
119.12 | 1028 |
of the Revised Code. If the individual
subject to the summary | 1029 |
suspension requests
an adjudicatory hearing by the board, the date | 1030 |
set for the
hearing shall be within fifteen days, but not earlier | 1031 |
than seven
days, after the individual
requests the hearing,
unless | 1032 |
otherwise agreed to by both the board and the individual. | 1033 |
Any summary suspension imposed under this division shall | 1034 |
remain in effect, unless reversed on appeal, until a final | 1035 |
adjudicative order issued by the board pursuant to this section | 1036 |
and Chapter 119. of the Revised Code becomes effective. The
board | 1037 |
shall issue its final adjudicative order within seventy-five
days | 1038 |
after
completion of its hearing. A failure to issue the order | 1039 |
within
seventy-five days shall result in dissolution of the | 1040 |
summary
suspension
order but shall not invalidate any subsequent, | 1041 |
final
adjudicative
order. | 1042 |
(H) If the board takes action under division
(B)(9), (11),
or | 1043 |
(13) of this section and the judicial
finding of guilt, guilty | 1044 |
plea, or judicial finding of
eligibility for intervention in lieu | 1045 |
of conviction is
overturned on appeal,
upon
exhaustion of the | 1046 |
criminal appeal, a petition for reconsideration
of the order may | 1047 |
be filed with the board along with appropriate
court documents. | 1048 |
Upon receipt of a petition of that
nature and supporting court | 1049 |
documents, the board shall reinstate the
individual's certificate | 1050 |
to practice. The
board may then hold an adjudication under
Chapter | 1051 |
119. of the Revised Code to
determine whether the
individual | 1052 |
committed
the act in question. Notice of an
opportunity for a | 1053 |
hearing
shall be given in accordance with
Chapter 119. of the | 1054 |
Revised Code. If the
board finds, pursuant to
an adjudication held | 1055 |
under this division,
that the individual
committed
the act or if | 1056 |
no hearing is requested, the board may
order any of the sanctions | 1057 |
identified under division (B) of this
section. | 1058 |
(I) The certificate to practice issued to an individual
under | 1059 |
this chapter and the individual's practice in this
state are | 1060 |
automatically suspended as of the date of the individual's second | 1061 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 1062 |
a violation of section 2919.123 of the Revised Code, or the date | 1063 |
the individual pleads
guilty to, is found by a judge
or jury to be | 1064 |
guilty of, or is
subject to a judicial
finding of eligibility for | 1065 |
intervention in
lieu of conviction in this state
or treatment or | 1066 |
intervention in
lieu of conviction in another
jurisdiction for
any | 1067 |
of the
following
criminal offenses in this state or a | 1068 |
substantially
equivalent criminal offense in another jurisdiction: | 1069 |
aggravated
murder, murder, voluntary
manslaughter, felonious | 1070 |
assault,
kidnapping, rape, sexual
battery, gross sexual | 1071 |
imposition,
aggravated arson, aggravated
robbery, or aggravated | 1072 |
burglary.
Continued
practice after suspension shall be considered | 1073 |
practicing
without a certificate. | 1074 |
(1) If the automatic suspension under this division is for a | 1082 |
second or subsequent plea of guilty to, or judicial finding of | 1083 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 1084 |
board shall enter an order suspending the individual's certificate | 1085 |
to practice for a period of at least one year or, if determined | 1086 |
appropriate by the board, imposing a more serious sanction | 1087 |
involving the individual's certificate to practice. | 1088 |
(J) If the board is required by
Chapter 119. of the Revised | 1092 |
Code to give notice of an
opportunity for a hearing and if the | 1093 |
individual subject to the notice
does not timely request a
hearing | 1094 |
in accordance with section
119.07 of the Revised Code, the board | 1095 |
is not required
to hold a hearing, but may adopt, by an | 1096 |
affirmative vote of
not fewer than
six of its members, a final | 1097 |
order that contains the board's
findings. In that final order,
the | 1098 |
board may order any of the
sanctions identified under division
(A) | 1099 |
or (B) of this section. | 1100 |
(L) When the board
refuses to grant a certificate to an | 1109 |
applicant,
revokes an individual's
certificate to practice, | 1110 |
refuses to register an applicant, or
refuses to reinstate an | 1111 |
individual's certificate to practice,
the board may specify that | 1112 |
its action is permanent. An
individual subject to a permanent | 1113 |
action taken by the board is
forever thereafter ineligible to hold | 1114 |
a certificate to practice
and the board shall not accept an | 1115 |
application for reinstatement of the
certificate or for issuance | 1116 |
of a new certificate. | 1117 |
(O) Under the board's investigative duties described in
this | 1142 |
section and subject to division (F) of this section, the
board | 1143 |
shall
develop and implement a quality intervention program | 1144 |
designed to improve
through remedial
education the clinical and | 1145 |
communication skills of individuals authorized
under this chapter | 1146 |
to practice medicine and surgery, osteopathic medicine and | 1147 |
surgery, and podiatric medicine and surgery. In
developing and | 1148 |
implementing the quality intervention program, the board may do | 1149 |
all of the following: | 1150 |