As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. H. B. No. 314

Representative Jones 

Cosponsors: Representatives Adams, Barrett, Batchelder, Brinkman, Bubp, Coley, Collier, Distel, Dodd, Dolan, Evans, Fessler, Garrison, Goodwin, Hottinger, Huffman, Latta, Mandel, McGregor, J., Patton, Schindel, Schneider, Seitz, Setzer, Uecker, Wachtmann, Wagoner, Widener, Wolpert, Zehringer, Mecklenborg, Aslanides, Blessing, Brady, Combs, DeBose, DeGeeter, Domenick, Driehaus, Dyer, Flowers, Gibbs, Hagan, J., Hite, Lundy, Oelslager, Raussen, Reinhard, Schlichter, Wagner, White, Widowfield 

Senators Mumper, Padgett, Schuring, Seitz, Coughlin, Buehrer, Wagoner, Amstutz, Carey, Cates, Faber, Goodman, Harris, Jacobson, Niehaus, Schaffer, Schuler, Spada, Wilson 

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A BILL

To amend sections 2151.421 and 4731.22 and to enact section

1

2317.561 of the Revised Code to

2

require that a woman who is to have an abortion

3

be given the opportunity to view any available

4

obstetric ultrasound image and to make corrections

5

in the laws pertaining to child abuse and neglect

6

reports.

7

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

Section 1. That sections 2151.421 and 4731.22 be amended and	8
section 2317.561 of the Revised Code be enacted to read as	9
follows:	10

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

(a) The client or patient, at the time of the communication,	74
is either a child under eighteen years of age or a mentally	75
retarded, developmentally disabled, or physically impaired person	76
under twenty-one years of age.	77

(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

(c) The abuse or neglect does not arise out of the client's	86
or patient's attempt to have an abortion without the notification	87
of her parents, guardian, or custodian in accordance with section	88
2151.85 of the Revised Code.	89

(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

(c) The penitent in a cleric-penitent relationship described	125
in division (A)(4)(b) of this section is deemed to have waived any	126
testimonial privilege under division (C) of section 2317.02 of the	127
Revised Code with respect to any communication the cleric receives	128
from the penitent in that cleric-penitent relationship, and the	129
cleric shall make a report pursuant to division (A)(4)(a) of this	130
section with respect to that communication, if all of the	131
following apply:	132

(i) The penitent, at the time of the communication, is either	133
a child under eighteen years of age or a mentally retarded,	134
developmentally disabled, or physically impaired person under	135
twenty-one years of age.	136

(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

(iii) The abuse or neglect does not arise out of the	144
penitent's attempt to have an abortion performed upon a child	145
under eighteen years of age or upon a mentally retarded,	146
developmentally disabled, or physically impaired person under	147
twenty-one years of age without the notification of her parents,	148
guardian, or custodian in accordance with section 2151.85 of the	149
Revised Code.	150

(d) Divisions (A)(4)(a) and (c) of this section do not apply	151
in a cleric-penitent relationship when the disclosure of any	152
communication the cleric receives from the penitent is in	153
violation of the sacred trust.	154

(e) As used in divisions (A)(1) and (4) of this section,	155
"cleric" and "sacred trust" have the same meanings as in section	156
2317.02 of the Revised Code.	157

(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

(C) Any report made pursuant to division (A) or (B) of this	176
section shall be made forthwith either by telephone or in person	177
and shall be followed by a written report, if requested by the	178
receiving agency or officer. The written report shall contain:	179

(1) The names and addresses of the child and the child's	180
parents or the person or persons having custody of the child, if	181
known;	182

(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

(3) Any other information that might be helpful in	189
establishing the cause of the injury, abuse, or neglect that is	190
known or reasonably suspected or believed, as applicable, to have	191
occurred or of the threat of injury, abuse, or neglect that is	192
known or reasonably suspected or believed, as applicable, to	193
exist.	194

Any person, who is required by division (A) of this section	195
to report child abuse or child neglect that is known or reasonably	196
suspected or believed to have occurred, may take or cause to be	197
taken color photographs of areas of trauma visible on a child and,	198
if medically indicated, cause to be performed radiological	199
examinations of the child.	200

(D) As used in this division, "children's advocacy center"	201
and "sexual abuse of a child" have the same meanings as in section	202
2151.425 of the Revised Code.	203

(1) When a municipal or county peace officer receives a	204
report concerning the possible abuse or neglect of a child or the	205
possible threat of abuse or neglect of a child, upon receipt of	206
the report, the municipal or county peace officer who receives the	207
report shall refer the report to the appropriate public children	208
services agency.	209

(2) When a public children services agency receives a report	210
pursuant to this division or division (A) or (B) of this section,	211
upon receipt of the report, the public children services agency	212
shall do both of the following:	213

(a) Comply with section 2151.422 of the Revised Code;

214

(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

(2) The public children services agency shall make any	271
recommendations to the county prosecuting attorney or city	272
director of law that it considers necessary to protect any	273
children that are brought to its attention.	274

(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

(b) Notwithstanding section 4731.22 of the Revised Code, the	287
physician-patient privilege shall not be a ground for excluding	288
evidence regarding a child's injuries, abuse, or neglect, or the	289
cause of the injuries, abuse, or neglect in any judicial	290
proceeding resulting from a report submitted pursuant to this	291
section.	292

(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

(2) No person shall permit or encourage the unauthorized	311
dissemination of the contents of any report made under this	312
section.	313

(3) A person who knowingly makes or causes another person to	314
make a false report under division (B) of this section that	315
alleges that any person has committed an act or omission that	316
resulted in a child being an abused child or a neglected child is	317
guilty of a violation of section 2921.14 of the Revised Code.	318

(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

(J)(1) Each public children services agency shall prepare a	360
memorandum of understanding that is signed by all of the	361
following:	362

(a) If there is only one juvenile judge in the county, the	363
juvenile judge of the county or the juvenile judge's	364
representative;	365

(b) If there is more than one juvenile judge in the county, a	366
juvenile judge or the juvenile judges' representative selected by	367
the juvenile judges or, if they are unable to do so for any	368
reason, the juvenile judge who is senior in point of service or	369
the senior juvenile judge's representative;	370

(c) The county peace officer;

371

(d) All chief municipal peace officers within the county;

372

(e) Other law enforcement officers handling child abuse and	373
neglect cases in the county;	374

(f) The prosecuting attorney of the county;

375

(g) If the public children services agency is not the county	376
department of job and family services, the county department of	377
job and family services;	378

(h) The county humane society;

379

(i) If the public children services agency participated in	380
the execution of a memorandum of understanding under section	381
2151.426 of the Revised Code establishing a children's advocacy	382
center, each participating member of the children's advocacy	383
center established by the memorandum.	384

(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

(3) A memorandum of understanding shall include all of the	404
following:	405

(a) The roles and responsibilities for handling emergency and	406
nonemergency cases of abuse and neglect;	407

(b) Standards and procedures to be used in handling and	408
coordinating investigations of reported cases of child abuse and	409
reported cases of child neglect, methods to be used in	410
interviewing the child who is the subject of the report and who	411
allegedly was abused or neglected, and standards and procedures	412
addressing the categories of persons who may interview the child	413
who is the subject of the report and who allegedly was abused or	414
neglected.	415

(4) If a public children services agency participated in the	416
execution of a memorandum of understanding under section 2151.426	417
of the Revised Code establishing a children's advocacy center, the	418
agency shall incorporate the contents of that memorandum in the	419
memorandum prepared pursuant to this section.	420

(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

(a) Whether the agency or center has initiated an	430
investigation of the report;	431

(b) Whether the agency or center is continuing to investigate	432
the report;	433

(c) Whether the agency or center is otherwise involved with	434
the child who is the subject of the report;	435

(d) The general status of the health and safety of the child	436
who is the subject of the report;	437

(e) Whether the report has resulted in the filing of a	438
complaint in juvenile court or of criminal charges in another	439
court.	440

(2) A person may request the information specified in	441
division (K)(1) of this section only if, at the time the report is	442
made, the person's name, address, and telephone number are	443
provided to the person who receives the report.	444

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

Each request is subject to verification of the identity of	454
the person making the report. If that person's identity is	455
verified, the agency shall provide the person with the information	456
described in division (K)(1) of this section a reasonable number	457
of times, except that the agency shall not disclose any	458
confidential information regarding the child who is the subject of	459
the report other than the information described in those	460
divisions.	461

(3) A request made pursuant to division (K)(1) of this	462
section is not a substitute for any report required to be made	463
pursuant to division (A) of this section.	464

(4) If an agency other than the agency that received or was	465
referred the report is conducting the investigation of the report	466
pursuant to section 2151.422 of the Revised Code, the agency	467
conducting the investigation shall comply with the requirements of	468
division (K) of this section.	469

(L) The director of job and family services shall adopt rules	470
in accordance with Chapter 119. of the Revised Code to implement	471
this section. The department of job and family services may enter	472
into a plan of cooperation with any other governmental entity to	473
aid in ensuring that children are protected from abuse and	474
neglect. The department shall make recommendations to the attorney	475
general that the department determines are necessary to protect	476
children from child abuse and child neglect.	477

(M)(1) As used in this division:

478

(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

(b) "Administrator, director, or other chief administrative	487
officer" means the superintendent of the school district if the	488
out-of-home care entity subject to a report made pursuant to this	489
section is a school operated by the district.	490

(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. 2317.561. In addition to the requirements in section	523
2317.56 of the Revised Code, if an obstetric ultrasound	524
examination is performed at any time prior to the performance or	525
inducement of an abortion or the physician performing or inducing	526
the abortion determines that an ultrasound examination will be	527
performed as part of the abortion procedure, the physician shall	528
do both of the following prior to the performance or inducement of	529
the abortion:	530

(A) Provide the pregnant woman receiving the abortion the	531
opportunity to view the active ultrasound image of the embryo or	532
fetus;	533

(B) Offer to provide the pregnant woman with a physical	534
picture of the ultrasound image of the embryo or fetus.	535

The requirements of division (A) of this section shall be	536
performed at no additional charge to the pregnant woman.	537

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

(1) Permitting one's name or one's certificate to practice or	552
certificate of registration to be used by a person, group, or	553
corporation when the individual concerned is not actually	554
directing the treatment given;	555

(2) Failure to maintain minimal standards applicable to the	556
selection or administration of drugs, or failure to employ	557
acceptable scientific methods in the selection of drugs or other	558
modalities for treatment of disease;	559

(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

(4) Willfully betraying a professional confidence.

566

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

(6) A departure from, or the failure to conform to, minimal	596
standards of care of similar practitioners under the same or	597
similar circumstances, whether or not actual injury to a patient	598
is established;	599

(7) Representing, with the purpose of obtaining compensation	600
or other advantage as personal gain or for any other person, that	601
an incurable disease or injury, or other incurable condition, can	602
be permanently cured;	603

(8) The obtaining of, or attempting to obtain, money or	604
anything of value by fraudulent misrepresentations in the course	605
of practice;	606

(9) A plea of guilty to, a judicial finding of guilt of, or a	607
judicial finding of eligibility for intervention in lieu of	608
conviction for, a felony;	609

(10) Commission of an act that constitutes a felony in this	610
state, regardless of the jurisdiction in which the act was	611
committed;	612

(11) A plea of guilty to, a judicial finding of guilt of, or	613
a judicial finding of eligibility for intervention in lieu of	614
conviction for, a misdemeanor committed in the course of practice;	615

(12) Commission of an act in the course of practice that	616
constitutes a misdemeanor in this state, regardless of the	617
jurisdiction in which the act was committed;	618

(13) A plea of guilty to, a judicial finding of guilt of, or	619
a judicial finding of eligibility for intervention in lieu of	620
conviction for, a misdemeanor involving moral turpitude;	621

(14) Commission of an act involving moral turpitude that	622
constitutes a misdemeanor in this state, regardless of the	623
jurisdiction in which the act was committed;	624

(15) Violation of the conditions of limitation placed by the	625
board upon a certificate to practice;	626

(16) Failure to pay license renewal fees specified in this	627
chapter;	628

(17) Except as authorized in section 4731.31 of the Revised	629
Code, engaging in the division of fees for referral of patients,	630
or the receiving of a thing of value in return for a specific	631
referral of a patient to utilize a particular service or business;	632

(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

(19) Inability to practice according to acceptable and	656
prevailing standards of care by reason of mental illness or	657
physical illness, including, but not limited to, physical	658
deterioration that adversely affects cognitive, motor, or	659
perceptive skills.	660

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

(21) The violation of section 3701.79 of the Revised Code or	709
of any abortion rule adopted by the public health council pursuant	710
to section 3701.341 of the Revised Code;	711

(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

(24) The revocation, suspension, restriction, reduction, or	729
termination of clinical privileges by the United States department	730
of defense or department of veterans affairs or the termination or	731
suspension of a certificate of registration to prescribe drugs by	732
the drug enforcement administration of the United States	733
department of justice;	734

(25) Termination or suspension from participation in the	735
medicare or medicaid programs by the department of health and	736
human services or other responsible agency for any act or acts	737
that also would constitute a violation of division (B)(2), (3),	738
(6), (8), or (19) of this section;	739

(26) Impairment of ability to practice according to	740
acceptable and prevailing standards of care because of habitual or	741
excessive use or abuse of drugs, alcohol, or other substances that	742
impair ability to practice.	743

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

Before being eligible to apply for reinstatement of a	772
certificate suspended under this division, the impaired	773
practitioner shall demonstrate to the board the ability to resume	774
practice in compliance with acceptable and prevailing standards of	775
care under the provisions of the practitioner's certificate. The	776
demonstration shall include, but shall not be limited to, the	777
following:	778

(a) Certification from a treatment provider approved under	779
section 4731.25 of the Revised Code that the individual has	780
successfully completed any required inpatient treatment;	781

(b) Evidence of continuing full compliance with an aftercare	782
contract or consent agreement;	783

(c) Two written reports indicating that the individual's	784
ability to practice has been assessed and that the individual has	785
been found capable of practicing according to acceptable and	786
prevailing standards of care. The reports shall be made by	787
individuals or providers approved by the board for making the	788
assessments and shall describe the basis for their determination.	789

The board may reinstate a certificate suspended under this	790
division after that demonstration and after the individual has	791
entered into a written consent agreement.	792

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

(27) A second or subsequent violation of section 4731.66 or	802
4731.69 of the Revised Code;	803

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

804

(a) Waiving the payment of all or any part of a deductible or	805
copayment that a patient, pursuant to a health insurance or health	806
care policy, contract, or plan that covers the individual's	807
services, otherwise would be required to pay if the waiver is used	808
as an enticement to a patient or group of patients to receive	809
health care services from that individual;	810

(b) Advertising that the individual will waive the payment of	811
all or any part of a deductible or copayment that a patient,	812
pursuant to a health insurance or health care policy, contract, or	813
plan that covers the individual's services, otherwise would be	814
required to pay.	815

(29) Failure to use universal blood and body fluid	816
precautions established by rules adopted under section 4731.051 of	817
the Revised Code;	818

(30) Failure to provide notice to, and receive acknowledgment	819
of the notice from, a patient when required by section 4731.143 of	820
the Revised Code prior to providing nonemergency professional	821
services, or failure to maintain that notice in the patient's	822
file;	823

(31) Failure of a physician supervising a physician assistant	824
to maintain supervision in accordance with the requirements of	825
Chapter 4730. of the Revised Code and the rules adopted under that	826
chapter;	827

(32) Failure of a physician or podiatrist to enter into a	828
standard care arrangement with a clinical nurse specialist,	829
certified nurse-midwife, or certified nurse practitioner with whom	830
the physician or podiatrist is in collaboration pursuant to	831
section 4731.27 of the Revised Code or failure to fulfill the	832
responsibilities of collaboration after entering into a standard	833
care arrangement;	834

(33) Failure to comply with the terms of a consult agreement	835
entered into with a pharmacist pursuant to section 4729.39 of the	836
Revised Code;	837

(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

(35) Failure to supervise an acupuncturist in accordance with	847
Chapter 4762. of the Revised Code and the board's rules for	848
supervision of an acupuncturist;	849

(36) Failure to supervise an anesthesiologist assistant in	850
accordance with Chapter 4760. of the Revised Code and the board's	851
rules for supervision of an anesthesiologist assistant;	852

(37) Assisting suicide as defined in section 3795.01 of the	853
Revised Code;	854

(38) Failure to comply with the requirements of section	855
2317.561 of the Revised Code.	856

(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

(2) Investigations of alleged violations of this chapter or	914
any rule adopted under it shall be supervised by the supervising	915
member elected by the board in accordance with section 4731.02 of	916
the Revised Code and by the secretary as provided in section	917
4731.39 of the Revised Code. The president may designate another	918
member of the board to supervise the investigation in place of the	919
supervising member. No member of the board who supervises the	920
investigation of a case shall participate in further adjudication	921
of the case.	922

(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

On failure to comply with any subpoena issued by the board	939
and after reasonable notice to the person being subpoenaed, the	940
board may move for an order compelling the production of persons	941
or records pursuant to the Rules of Civil Procedure.	942

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

A sheriff's deputy who serves a subpoena shall receive the	954
same fees as a sheriff. Each witness who appears before the board	955
in obedience to a subpoena shall receive the fees and mileage	956
provided for witnesses in civil cases in the courts of common	957
pleas.	958

(4) All hearings and investigations of the board shall be	959
considered civil actions for the purposes of section 2305.252 of	960
the Revised Code.	961

(5) Information received by the board pursuant to an	962
investigation is confidential and not subject to discovery in any	963
civil action.	964

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

(6) On a quarterly basis, the board shall prepare a report	996
that documents the disposition of all cases during the preceding	997
three months. The report shall contain the following information	998
for each case with which the board has completed its activities:	999

(a) The case number assigned to the complaint or alleged	1000
violation;	1001

(b) The type of certificate to practice, if any, held by the	1002
individual against whom the complaint is directed;	1003

(c) A description of the allegations contained in the	1004
complaint;	1005

(d) The disposition of the case.

1006

The report shall state how many cases are still pending and	1007
shall be prepared in a manner that protects the identity of each	1008
person involved in each case. The report shall be a public record	1009
under section 149.43 of the Revised Code.	1010

(G) If the secretary and supervising member determine that	1011
there is clear and convincing evidence that an individual has	1012
violated division (B) of this section and that the individual's	1013
continued practice presents a danger of immediate and serious harm	1014
to the public, they may recommend that the board suspend the	1015
individual's certificate to practice without a prior hearing.	1016
Written allegations shall be prepared for consideration by the	1017
board.	1018

The board, upon review of those allegations and by an	1019
affirmative vote of not fewer than six of its members, excluding	1020
the secretary and supervising member, may suspend a certificate	1021
without a prior hearing. A telephone conference call may be	1022
utilized for reviewing the allegations and taking the vote on the	1023
summary suspension.	1024

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

The board shall notify the individual subject to the	1075
suspension by certified mail or in person in accordance with	1076
section 119.07 of the Revised Code. If an individual whose	1077
certificate is automatically suspended under this division fails	1078
to make a timely request for an adjudication under Chapter 119. of	1079
the Revised Code, the board shall do whichever of the following is	1080
applicable:	1081

(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

(2) In all circumstances in which division (I)(1) of this	1089
section does not apply, enter a final order permanently revoking	1090
the individual's certificate to practice.	1091

(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

(K) Any action taken by the board under division (B) of this	1101
section resulting in a suspension from practice shall be	1102
accompanied by a written statement of the conditions under which	1103
the individual's certificate to practice may be reinstated. The	1104
board shall adopt rules governing conditions to be imposed for	1105
reinstatement. Reinstatement of a certificate suspended pursuant	1106
to division (B) of this section requires an affirmative vote of	1107
not fewer than six members of the board.	1108

(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

(M) Notwithstanding any other provision of the Revised Code,	1118
all of the following apply:	1119

(1) The surrender of a certificate issued under this chapter	1120
shall not be effective unless or until accepted by the board.	1121
Reinstatement of a certificate surrendered to the board requires	1122
an affirmative vote of not fewer than six members of the board.	1123

(2) An application for a certificate made under the	1124
provisions of this chapter may not be withdrawn without approval	1125
of the board.	1126

(3) Failure by an individual to renew a certificate of	1127
registration in accordance with this chapter shall not remove or	1128
limit the board's jurisdiction to take any disciplinary action	1129
under this section against the individual.	1130

(N) Sanctions shall not be imposed under division (B)(28) of	1131
this section against any person who waives deductibles and	1132
copayments as follows:	1133

(1) In compliance with the health benefit plan that expressly	1134
allows such a practice. Waiver of the deductibles or copayments	1135
shall be made only with the full knowledge and consent of the plan	1136
purchaser, payer, and third-party administrator. Documentation of	1137
the consent shall be made available to the board upon request.	1138

(2) For professional services rendered to any other person	1139
authorized to practice pursuant to this chapter, to the extent	1140
allowed by this chapter and rules adopted by the board.	1141

(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

(1) Offer in appropriate cases as determined by the board an	1151
educational and assessment program pursuant to an investigation	1152
the board conducts under this section;	1153

(2) Select providers of educational and assessment services,	1154
including a quality intervention program panel of case reviewers;	1155

(3) Make referrals to educational and assessment service	1156
providers and approve individual educational programs recommended	1157
by those providers. The board shall monitor the progress of each	1158
individual undertaking a recommended individual educational	1159
program.	1160

(4) Determine what constitutes successful completion of an	1161
individual educational program and require further monitoring of	1162
the individual who completed the program or other action that the	1163
board determines to be appropriate;	1164

(5) Adopt rules in accordance with Chapter 119. of the	1165
Revised Code to further implement the quality intervention	1166
program.	1167

An individual who participates in an individual educational	1168
program pursuant to this division shall pay the financial	1169
obligations arising from that educational program.	1170

Section 2. That existing sections 2151.421 and 4731.22 of the	1171
Revised Code are hereby repealed.	1172