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
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 |