As Reported by the House Health Committee

127th General Assembly Regular Session 2007-2008

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 

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A BILL

To amend section 4731.22 and enact section 2317.561

1

of the Revised Code to require that a woman who is

2

to have an abortion be given the opportunity to

3

view any available obstetric ultrasound image.

4

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

Section 1. That section 4731.22 be amended and section	5
2317.561 of the Revised Code be enacted to read as follows:	6

Sec. 2317.561. In addition to the requirements in section	7
2317.56 of the Revised Code, if an obstetric ultrasound	8
examination is performed at any time prior to the performance or	9
inducement of an abortion or the physician performing or inducing	10
the abortion determines that an ultrasound examination will be	11
performed as part of the abortion procedure, the physician shall	12
do both of the following prior to the performance or inducement of	13
the abortion:	14

(A) Provide the pregnant woman receiving the abortion the	15
opportunity to view the active ultrasound image of the embryo or	16
fetus;	17

(B) Offer to provide the pregnant woman with a physical	18
picture of the ultrasound image of the embryo or fetus.	19

The requirements of division (A) of this section shall be	20
performed at no additional charge to the pregnant woman.	21

Sec. 4731.22.  (A) The state medical board, by an affirmative	22
vote of not fewer than six of its members, may revoke or may	23
refuse to grant a certificate to a person found by the board to	24
have committed fraud during the administration of the examination	25
for a certificate to practice or to have committed fraud,	26
misrepresentation, or deception in applying for or securing any	27
certificate to practice or certificate of registration issued by	28
the board.	29

(B) The board, by an affirmative vote of not fewer than six	30
members, shall, to the extent permitted by law, limit, revoke, or	31
suspend an individual's certificate to practice, refuse to	32
register an individual, refuse to reinstate a certificate, or	33
reprimand or place on probation the holder of a certificate for	34
one or more of the following reasons:	35

(1) Permitting one's name or one's certificate to practice or	36
certificate of registration to be used by a person, group, or	37
corporation when the individual concerned is not actually	38
directing the treatment given;	39

(2) Failure to maintain minimal standards applicable to the	40
selection or administration of drugs, or failure to employ	41
acceptable scientific methods in the selection of drugs or other	42
modalities for treatment of disease;	43

(3) Selling, giving away, personally furnishing, prescribing,	44
or administering drugs for other than legal and legitimate	45
therapeutic purposes or a plea of guilty to, a judicial finding of	46
guilt of, or a judicial finding of eligibility for intervention in	47
lieu of conviction of, a violation of any federal or state law	48
regulating the possession, distribution, or use of any drug;	49

(4) Willfully betraying a professional confidence.

50

For purposes of this division, "willfully betraying a	51
professional confidence" does not include providing any	52
information, documents, or reports to a child fatality review	53
board under sections 307.621 to 307.629 of the Revised Code and	54
does not include the making of a report of an employee's use of a	55
drug of abuse, or a report of a condition of an employee other	56
than one involving the use of a drug of abuse, to the employer of	57
the employee as described in division (B) of section 2305.33 of	58
the Revised Code. Nothing in this division affects the immunity	59
from civil liability conferred by that section upon a physician	60
who makes either type of report in accordance with division (B) of	61
that section. As used in this division, "employee," "employer,"	62
and "physician" have the same meanings as in section 2305.33 of	63
the Revised Code.	64

(5) Making a false, fraudulent, deceptive, or misleading	65
statement in the solicitation of or advertising for patients; in	66
relation to the practice of medicine and surgery, osteopathic	67
medicine and surgery, podiatric medicine and surgery, or a limited	68
branch of medicine; or in securing or attempting to secure any	69
certificate to practice or certificate of registration issued by	70
the board.	71

As used in this division, "false, fraudulent, deceptive, or	72
misleading statement" means a statement that includes a	73
misrepresentation of fact, is likely to mislead or deceive because	74
of a failure to disclose material facts, is intended or is likely	75
to create false or unjustified expectations of favorable results,	76
or includes representations or implications that in reasonable	77
probability will cause an ordinarily prudent person to	78
misunderstand or be deceived.	79

(6) A departure from, or the failure to conform to, minimal	80
standards of care of similar practitioners under the same or	81
similar circumstances, whether or not actual injury to a patient	82
is established;	83

(7) Representing, with the purpose of obtaining compensation	84
or other advantage as personal gain or for any other person, that	85
an incurable disease or injury, or other incurable condition, can	86
be permanently cured;	87

(8) The obtaining of, or attempting to obtain, money or	88
anything of value by fraudulent misrepresentations in the course	89
of practice;	90

(9) A plea of guilty to, a judicial finding of guilt of, or a	91
judicial finding of eligibility for intervention in lieu of	92
conviction for, a felony;	93

(10) Commission of an act that constitutes a felony in this	94
state, regardless of the jurisdiction in which the act was	95
committed;	96

(11) A plea of guilty to, a judicial finding of guilt of, or	97
a judicial finding of eligibility for intervention in lieu of	98
conviction for, a misdemeanor committed in the course of practice;	99

(12) Commission of an act in the course of practice that	100
constitutes a misdemeanor in this state, regardless of the	101
jurisdiction in which the act was committed;	102

(13) A plea of guilty to, a judicial finding of guilt of, or	103
a judicial finding of eligibility for intervention in lieu of	104
conviction for, a misdemeanor involving moral turpitude;	105

(14) Commission of an act involving moral turpitude that	106
constitutes a misdemeanor in this state, regardless of the	107
jurisdiction in which the act was committed;	108

(15) Violation of the conditions of limitation placed by the	109
board upon a certificate to practice;	110

(16) Failure to pay license renewal fees specified in this	111
chapter;	112

(17) Except as authorized in section 4731.31 of the Revised	113
Code, engaging in the division of fees for referral of patients,	114
or the receiving of a thing of value in return for a specific	115
referral of a patient to utilize a particular service or business;	116

(18) Subject to section 4731.226 of the Revised Code,	117
violation of any provision of a code of ethics of the American	118
medical association, the American osteopathic association, the	119
American podiatric medical association, or any other national	120
professional organizations that the board specifies by rule. The	121
state medical board shall obtain and keep on file current copies	122
of the codes of ethics of the various national professional	123
organizations. The individual whose certificate is being suspended	124
or revoked shall not be found to have violated any provision of a	125
code of ethics of an organization not appropriate to the	126
individual's profession.	127

For purposes of this division, a "provision of a code of	128
ethics of a national professional organization" does not include	129
any provision that would preclude the making of a report by a	130
physician of an employee's use of a drug of abuse, or of a	131
condition of an employee other than one involving the use of a	132
drug of abuse, to the employer of the employee as described in	133
division (B) of section 2305.33 of the Revised Code. Nothing in	134
this division affects the immunity from civil liability conferred	135
by that section upon a physician who makes either type of report	136
in accordance with division (B) of that section. As used in this	137
division, "employee," "employer," and "physician" have the same	138
meanings as in section 2305.33 of the Revised Code.	139

(19) Inability to practice according to acceptable and	140
prevailing standards of care by reason of mental illness or	141
physical illness, including, but not limited to, physical	142
deterioration that adversely affects cognitive, motor, or	143
perceptive skills.	144

In enforcing this division, the board, upon a showing of a	145
possible violation, may compel any individual authorized to	146
practice by this chapter or who has submitted an application	147
pursuant to this chapter to submit to a mental examination,	148
physical examination, including an HIV test, or both a mental and	149
a physical examination. The expense of the examination is the	150
responsibility of the individual compelled to be examined. Failure	151
to submit to a mental or physical examination or consent to an HIV	152
test ordered by the board constitutes an admission of the	153
allegations against the individual unless the failure is due to	154
circumstances beyond the individual's control, and a default and	155
final order may be entered without the taking of testimony or	156
presentation of evidence. If the board finds an individual unable	157
to practice because of the reasons set forth in this division, the	158
board shall require the individual to submit to care, counseling,	159
or treatment by physicians approved or designated by the board, as	160
a condition for initial, continued, reinstated, or renewed	161
authority to practice. An individual affected under this division	162
shall be afforded an opportunity to demonstrate to the board the	163
ability to resume practice in compliance with acceptable and	164
prevailing standards under the provisions of the individual's	165
certificate. For the purpose of this division, any individual who	166
applies for or receives a certificate to practice under this	167
chapter accepts the privilege of practicing in this state and, by	168
so doing, shall be deemed to have given consent to submit to a	169
mental or physical examination when directed to do so in writing	170
by the board, and to have waived all objections to the	171
admissibility of testimony or examination reports that constitute	172
a privileged communication.	173

(20) Except when civil penalties are imposed under section	174
4731.225 or 4731.281 of the Revised Code, and subject to section	175
4731.226 of the Revised Code, violating or attempting to violate,	176
directly or indirectly, or assisting in or abetting the violation	177
of, or conspiring to violate, any provisions of this chapter or	178
any rule promulgated by the board.	179

This division does not apply to a violation or attempted	180
violation of, assisting in or abetting the violation of, or a	181
conspiracy to violate, any provision of this chapter or any rule	182
adopted by the board that would preclude the making of a report by	183
a physician of an employee's use of a drug of abuse, or of a	184
condition of an employee other than one involving the use of a	185
drug of abuse, to the employer of the employee as described in	186
division (B) of section 2305.33 of the Revised Code. Nothing in	187
this division affects the immunity from civil liability conferred	188
by that section upon a physician who makes either type of report	189
in accordance with division (B) of that section. As used in this	190
division, "employee," "employer," and "physician" have the same	191
meanings as in section 2305.33 of the Revised Code.	192

(21) The violation of section 3701.79 of the Revised Code or	193
of any abortion rule adopted by the public health council pursuant	194
to section 3701.341 of the Revised Code;	195

(22) Any of the following actions taken by the agency	196
responsible for regulating the practice of medicine and surgery,	197
osteopathic medicine and surgery, podiatric medicine and surgery,	198
or the limited branches of medicine in another jurisdiction, for	199
any reason other than the nonpayment of fees: the limitation,	200
revocation, or suspension of an individual's license to practice;	201
acceptance of an individual's license surrender; denial of a	202
license; refusal to renew or reinstate a license; imposition of	203
probation; or issuance of an order of censure or other reprimand;	204

(23) The violation of section 2919.12 of the Revised Code or	205
the performance or inducement of an abortion upon a pregnant woman	206
with actual knowledge that the conditions specified in division	207
(B) of section 2317.56 of the Revised Code have not been satisfied	208
or with a heedless indifference as to whether those conditions	209
have been satisfied, unless an affirmative defense as specified in	210
division (H)(2) of that section would apply in a civil action	211
authorized by division (H)(1) of that section;	212

(24) The revocation, suspension, restriction, reduction, or	213
termination of clinical privileges by the United States department	214
of defense or department of veterans affairs or the termination or	215
suspension of a certificate of registration to prescribe drugs by	216
the drug enforcement administration of the United States	217
department of justice;	218

(25) Termination or suspension from participation in the	219
medicare or medicaid programs by the department of health and	220
human services or other responsible agency for any act or acts	221
that also would constitute a violation of division (B)(2), (3),	222
(6), (8), or (19) of this section;	223

(26) Impairment of ability to practice according to	224
acceptable and prevailing standards of care because of habitual or	225
excessive use or abuse of drugs, alcohol, or other substances that	226
impair ability to practice.	227

For the purposes of this division, any individual authorized	228
to practice by this chapter accepts the privilege of practicing in	229
this state subject to supervision by the board. By filing an	230
application for or holding a certificate to practice under this	231
chapter, an individual shall be deemed to have given consent to	232
submit to a mental or physical examination when ordered to do so	233
by the board in writing, and to have waived all objections to the	234
admissibility of testimony or examination reports that constitute	235
privileged communications.	236

If it has reason to believe that any individual authorized to	237
practice by this chapter or any applicant for certification to	238
practice suffers such impairment, the board may compel the	239
individual to submit to a mental or physical examination, or both.	240
The expense of the examination is the responsibility of the	241
individual compelled to be examined. Any mental or physical	242
examination required under this division shall be undertaken by a	243
treatment provider or physician who is qualified to conduct the	244
examination and who is chosen by the board.	245

Failure to submit to a mental or physical examination ordered	246
by the board constitutes an admission of the allegations against	247
the individual unless the failure is due to circumstances beyond	248
the individual's control, and a default and final order may be	249
entered without the taking of testimony or presentation of	250
evidence. If the board determines that the individual's ability to	251
practice is impaired, the board shall suspend the individual's	252
certificate or deny the individual's application and shall require	253
the individual, as a condition for initial, continued, reinstated,	254
or renewed certification to practice, to submit to treatment.	255

Before being eligible to apply for reinstatement of a	256
certificate suspended under this division, the impaired	257
practitioner shall demonstrate to the board the ability to resume	258
practice in compliance with acceptable and prevailing standards of	259
care under the provisions of the practitioner's certificate. The	260
demonstration shall include, but shall not be limited to, the	261
following:	262

(a) Certification from a treatment provider approved under	263
section 4731.25 of the Revised Code that the individual has	264
successfully completed any required inpatient treatment;	265

(b) Evidence of continuing full compliance with an aftercare	266
contract or consent agreement;	267

(c) Two written reports indicating that the individual's	268
ability to practice has been assessed and that the individual has	269
been found capable of practicing according to acceptable and	270
prevailing standards of care. The reports shall be made by	271
individuals or providers approved by the board for making the	272
assessments and shall describe the basis for their determination.	273

The board may reinstate a certificate suspended under this	274
division after that demonstration and after the individual has	275
entered into a written consent agreement.	276

When the impaired practitioner resumes practice, the board	277
shall require continued monitoring of the individual. The	278
monitoring shall include, but not be limited to, compliance with	279
the written consent agreement entered into before reinstatement or	280
with conditions imposed by board order after a hearing, and, upon	281
termination of the consent agreement, submission to the board for	282
at least two years of annual written progress reports made under	283
penalty of perjury stating whether the individual has maintained	284
sobriety.	285

(27) A second or subsequent violation of section 4731.66 or	286
4731.69 of the Revised Code;	287

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

288

(a) Waiving the payment of all or any part of a deductible or	289
copayment that a patient, pursuant to a health insurance or health	290
care policy, contract, or plan that covers the individual's	291
services, otherwise would be required to pay if the waiver is used	292
as an enticement to a patient or group of patients to receive	293
health care services from that individual;	294

(b) Advertising that the individual will waive the payment of	295
all or any part of a deductible or copayment that a patient,	296
pursuant to a health insurance or health care policy, contract, or	297
plan that covers the individual's services, otherwise would be	298
required to pay.	299

(29) Failure to use universal blood and body fluid	300
precautions established by rules adopted under section 4731.051 of	301
the Revised Code;	302

(30) Failure to provide notice to, and receive acknowledgment	303
of the notice from, a patient when required by section 4731.143 of	304
the Revised Code prior to providing nonemergency professional	305
services, or failure to maintain that notice in the patient's	306
file;	307

(31) Failure of a physician supervising a physician assistant	308
to maintain supervision in accordance with the requirements of	309
Chapter 4730. of the Revised Code and the rules adopted under that	310
chapter;	311

(32) Failure of a physician or podiatrist to enter into a	312
standard care arrangement with a clinical nurse specialist,	313
certified nurse-midwife, or certified nurse practitioner with whom	314
the physician or podiatrist is in collaboration pursuant to	315
section 4731.27 of the Revised Code or failure to fulfill the	316
responsibilities of collaboration after entering into a standard	317
care arrangement;	318

(33) Failure to comply with the terms of a consult agreement	319
entered into with a pharmacist pursuant to section 4729.39 of the	320
Revised Code;	321

(34) Failure to cooperate in an investigation conducted by	322
the board under division (F) of this section, including failure to	323
comply with a subpoena or order issued by the board or failure to	324
answer truthfully a question presented by the board at a	325
deposition or in written interrogatories, except that failure to	326
cooperate with an investigation shall not constitute grounds for	327
discipline under this section if a court of competent jurisdiction	328
has issued an order that either quashes a subpoena or permits the	329
individual to withhold the testimony or evidence in issue;	330

(35) Failure to supervise an acupuncturist in accordance with	331
Chapter 4762. of the Revised Code and the board's rules for	332
supervision of an acupuncturist;	333

(36) Failure to supervise an anesthesiologist assistant in	334
accordance with Chapter 4760. of the Revised Code and the board's	335
rules for supervision of an anesthesiologist assistant;	336

(37) Assisting suicide as defined in section 3795.01 of the	337
Revised Code;	338

(38) Failure to comply with the requirements of section	339
2317.561 of the Revised Code.	340

(C) Disciplinary actions taken by the board under divisions	341
(A) and (B) of this section shall be taken pursuant to an	342
adjudication under Chapter 119. of the Revised Code, except that	343
in lieu of an adjudication, the board may enter into a consent	344
agreement with an individual to resolve an allegation of a	345
violation of this chapter or any rule adopted under it. A consent	346
agreement, when ratified by an affirmative vote of not fewer than	347
six members of the board, shall constitute the findings and order	348
of the board with respect to the matter addressed in the	349
agreement. If the board refuses to ratify a consent agreement, the	350
admissions and findings contained in the consent agreement shall	351
be of no force or effect.	352

If the board takes disciplinary action against an individual	353
under division (B) of this section for a second or subsequent plea	354
of guilty to, or judicial finding of guilt of, a violation of	355
section 2919.123 of the Revised Code, the disciplinary action	356
shall consist of a suspension of the individual's certificate to	357
practice for a period of at least one year or, if determined	358
appropriate by the board, a more serious sanction involving the	359
individual's certificate to practice. Any consent agreement	360
entered into under this division with an individual that pertains	361
to a second or subsequent plea of guilty to, or judicial finding	362
of guilt of, a violation of that section shall provide for a	363
suspension of the individual's certificate to practice for a	364
period of at least one year or, if determined appropriate by the	365
board, a more serious sanction involving the individual's	366
certificate to practice.	367

(D) For purposes of divisions (B)(10), (12), and (14) of this	368
section, the commission of the act may be established by a finding	369
by the board, pursuant to an adjudication under Chapter 119. of	370
the Revised Code, that the individual committed the act. The board	371
does not have jurisdiction under those divisions if the trial	372
court renders a final judgment in the individual's favor and that	373
judgment is based upon an adjudication on the merits. The board	374
has jurisdiction under those divisions if the trial court issues	375
an order of dismissal upon technical or procedural grounds.	376

(E) The sealing of conviction records by any court shall have	377
no effect upon a prior board order entered under this section or	378
upon the board's jurisdiction to take action under this section	379
if, based upon a plea of guilty, a judicial finding of guilt, or a	380
judicial finding of eligibility for intervention in lieu of	381
conviction, the board issued a notice of opportunity for a hearing	382
prior to the court's order to seal the records. The board shall	383
not be required to seal, destroy, redact, or otherwise modify its	384
records to reflect the court's sealing of conviction records.	385

(F)(1) The board shall investigate evidence that appears to	386
show that a person has violated any provision of this chapter or	387
any rule adopted under it. Any person may report to the board in a	388
signed writing any information that the person may have that	389
appears to show a violation of any provision of this chapter or	390
any rule adopted under it. In the absence of bad faith, any person	391
who reports information of that nature or who testifies before the	392
board in any adjudication conducted under Chapter 119. of the	393
Revised Code shall not be liable in damages in a civil action as a	394
result of the report or testimony. Each complaint or allegation of	395
a violation received by the board shall be assigned a case number	396
and shall be recorded by the board.	397

(2) Investigations of alleged violations of this chapter or	398
any rule adopted under it shall be supervised by the supervising	399
member elected by the board in accordance with section 4731.02 of	400
the Revised Code and by the secretary as provided in section	401
4731.39 of the Revised Code. The president may designate another	402
member of the board to supervise the investigation in place of the	403
supervising member. No member of the board who supervises the	404
investigation of a case shall participate in further adjudication	405
of the case.	406

(3) In investigating a possible violation of this chapter or	407
any rule adopted under this chapter, the board may administer	408
oaths, order the taking of depositions, issue subpoenas, and	409
compel the attendance of witnesses and production of books,	410
accounts, papers, records, documents, and testimony, except that a	411
subpoena for patient record information shall not be issued	412
without consultation with the attorney general's office and	413
approval of the secretary and supervising member of the board.	414
Before issuance of a subpoena for patient record information, the	415
secretary and supervising member shall determine whether there is	416
probable cause to believe that the complaint filed alleges a	417
violation of this chapter or any rule adopted under it and that	418
the records sought are relevant to the alleged violation and	419
material to the investigation. The subpoena may apply only to	420
records that cover a reasonable period of time surrounding the	421
alleged violation.	422

On failure to comply with any subpoena issued by the board	423
and after reasonable notice to the person being subpoenaed, the	424
board may move for an order compelling the production of persons	425
or records pursuant to the Rules of Civil Procedure.	426

A subpoena issued by the board may be served by a sheriff,	427
the sheriff's deputy, or a board employee designated by the board.	428
Service of a subpoena issued by the board may be made by	429
delivering a copy of the subpoena to the person named therein,	430
reading it to the person, or leaving it at the person's usual	431
place of residence. When the person being served is a person whose	432
practice is authorized by this chapter, service of the subpoena	433
may be made by certified mail, restricted delivery, return receipt	434
requested, and the subpoena shall be deemed served on the date	435
delivery is made or the date the person refuses to accept	436
delivery.	437

A sheriff's deputy who serves a subpoena shall receive the	438
same fees as a sheriff. Each witness who appears before the board	439
in obedience to a subpoena shall receive the fees and mileage	440
provided for witnesses in civil cases in the courts of common	441
pleas.	442

(4) All hearings and investigations of the board shall be	443
considered civil actions for the purposes of section 2305.252 of	444
the Revised Code.	445

(5) Information received by the board pursuant to an	446
investigation is confidential and not subject to discovery in any	447
civil action.	448

The board shall conduct all investigations and proceedings in	449
a manner that protects the confidentiality of patients and persons	450
who file complaints with the board. The board shall not make	451
public the names or any other identifying information about	452
patients or complainants unless proper consent is given or, in the	453
case of a patient, a waiver of the patient privilege exists under	454
division (B) of section 2317.02 of the Revised Code, except that	455
consent or a waiver of that nature is not required if the board	456
possesses reliable and substantial evidence that no bona fide	457
physician-patient relationship exists.	458

The board may share any information it receives pursuant to	459
an investigation, including patient records and patient record	460
information, with law enforcement agencies, other licensing	461
boards, and other governmental agencies that are prosecuting,	462
adjudicating, or investigating alleged violations of statutes or	463
administrative rules. An agency or board that receives the	464
information shall comply with the same requirements regarding	465
confidentiality as those with which the state medical board must	466
comply, notwithstanding any conflicting provision of the Revised	467
Code or procedure of the agency or board that applies when it is	468
dealing with other information in its possession. In a judicial	469
proceeding, the information may be admitted into evidence only in	470
accordance with the Rules of Evidence, but the court shall require	471
that appropriate measures are taken to ensure that confidentiality	472
is maintained with respect to any part of the information that	473
contains names or other identifying information about patients or	474
complainants whose confidentiality was protected by the state	475
medical board when the information was in the board's possession.	476
Measures to ensure confidentiality that may be taken by the court	477
include sealing its records or deleting specific information from	478
its records.	479

(6) On a quarterly basis, the board shall prepare a report	480
that documents the disposition of all cases during the preceding	481
three months. The report shall contain the following information	482
for each case with which the board has completed its activities:	483

(a) The case number assigned to the complaint or alleged	484
violation;	485

(b) The type of certificate to practice, if any, held by the	486
individual against whom the complaint is directed;	487

(c) A description of the allegations contained in the	488
complaint;	489

(d) The disposition of the case.

490

The report shall state how many cases are still pending and	491
shall be prepared in a manner that protects the identity of each	492
person involved in each case. The report shall be a public record	493
under section 149.43 of the Revised Code.	494

(G) If the secretary and supervising member determine that	495
there is clear and convincing evidence that an individual has	496
violated division (B) of this section and that the individual's	497
continued practice presents a danger of immediate and serious harm	498
to the public, they may recommend that the board suspend the	499
individual's certificate to practice without a prior hearing.	500
Written allegations shall be prepared for consideration by the	501
board.	502

The board, upon review of those allegations and by an	503
affirmative vote of not fewer than six of its members, excluding	504
the secretary and supervising member, may suspend a certificate	505
without a prior hearing. A telephone conference call may be	506
utilized for reviewing the allegations and taking the vote on the	507
summary suspension.	508

The board shall issue a written order of suspension by	509
certified mail or in person in accordance with section 119.07 of	510
the Revised Code. The order shall not be subject to suspension by	511
the court during pendency of any appeal filed under section 119.12	512
of the Revised Code. If the individual subject to the summary	513
suspension requests an adjudicatory hearing by the board, the date	514
set for the hearing shall be within fifteen days, but not earlier	515
than seven days, after the individual requests the hearing, unless	516
otherwise agreed to by both the board and the individual.	517

Any summary suspension imposed under this division shall	518
remain in effect, unless reversed on appeal, until a final	519
adjudicative order issued by the board pursuant to this section	520
and Chapter 119. of the Revised Code becomes effective. The board	521
shall issue its final adjudicative order within seventy-five days	522
after completion of its hearing. A failure to issue the order	523
within seventy-five days shall result in dissolution of the	524
summary suspension order but shall not invalidate any subsequent,	525
final adjudicative order.	526

(H) If the board takes action under division (B)(9), (11), or	527
(13) of this section and the judicial finding of guilt, guilty	528
plea, or judicial finding of eligibility for intervention in lieu	529
of conviction is overturned on appeal, upon exhaustion of the	530
criminal appeal, a petition for reconsideration of the order may	531
be filed with the board along with appropriate court documents.	532
Upon receipt of a petition of that nature and supporting court	533
documents, the board shall reinstate the individual's certificate	534
to practice. The board may then hold an adjudication under Chapter	535
119. of the Revised Code to determine whether the individual	536
committed the act in question. Notice of an opportunity for a	537
hearing shall be given in accordance with Chapter 119. of the	538
Revised Code. If the board finds, pursuant to an adjudication held	539
under this division, that the individual committed the act or if	540
no hearing is requested, the board may order any of the sanctions	541
identified under division (B) of this section.	542

(I) The certificate to practice issued to an individual under	543
this chapter and the individual's practice in this state are	544
automatically suspended as of the date of the individual's second	545
or subsequent plea of guilty to, or judicial finding of guilt of,	546
a violation of section 2919.123 of the Revised Code, or the date	547
the individual pleads guilty to, is found by a judge or jury to be	548
guilty of, or is subject to a judicial finding of eligibility for	549
intervention in lieu of conviction in this state or treatment or	550
intervention in lieu of conviction in another jurisdiction for any	551
of the following criminal offenses in this state or a	552
substantially equivalent criminal offense in another jurisdiction:	553
aggravated murder, murder, voluntary manslaughter, felonious	554
assault, kidnapping, rape, sexual battery, gross sexual	555
imposition, aggravated arson, aggravated robbery, or aggravated	556
burglary. Continued practice after suspension shall be considered	557
practicing without a certificate.	558

The board shall notify the individual subject to the	559
suspension by certified mail or in person in accordance with	560
section 119.07 of the Revised Code. If an individual whose	561
certificate is automatically suspended under this division fails	562
to make a timely request for an adjudication under Chapter 119. of	563
the Revised Code, the board shall do whichever of the following is	564
applicable:	565

(1) If the automatic suspension under this division is for a	566
second or subsequent plea of guilty to, or judicial finding of	567
guilt of, a violation of section 2919.123 of the Revised Code, the	568
board shall enter an order suspending the individual's certificate	569
to practice for a period of at least one year or, if determined	570
appropriate by the board, imposing a more serious sanction	571
involving the individual's certificate to practice.	572

(2) In all circumstances in which division (I)(1) of this	573
section does not apply, enter a final order permanently revoking	574
the individual's certificate to practice.	575

(J) If the board is required by Chapter 119. of the Revised	576
Code to give notice of an opportunity for a hearing and if the	577
individual subject to the notice does not timely request a hearing	578
in accordance with section 119.07 of the Revised Code, the board	579
is not required to hold a hearing, but may adopt, by an	580
affirmative vote of not fewer than six of its members, a final	581
order that contains the board's findings. In that final order, the	582
board may order any of the sanctions identified under division (A)	583
or (B) of this section.	584

(K) Any action taken by the board under division (B) of this	585
section resulting in a suspension from practice shall be	586
accompanied by a written statement of the conditions under which	587
the individual's certificate to practice may be reinstated. The	588
board shall adopt rules governing conditions to be imposed for	589
reinstatement. Reinstatement of a certificate suspended pursuant	590
to division (B) of this section requires an affirmative vote of	591
not fewer than six members of the board.	592

(L) When the board refuses to grant a certificate to an	593
applicant, revokes an individual's certificate to practice,	594
refuses to register an applicant, or refuses to reinstate an	595
individual's certificate to practice, the board may specify that	596
its action is permanent. An individual subject to a permanent	597
action taken by the board is forever thereafter ineligible to hold	598
a certificate to practice and the board shall not accept an	599
application for reinstatement of the certificate or for issuance	600
of a new certificate.	601

(M) Notwithstanding any other provision of the Revised Code,	602
all of the following apply:	603

(1) The surrender of a certificate issued under this chapter	604
shall not be effective unless or until accepted by the board.	605
Reinstatement of a certificate surrendered to the board requires	606
an affirmative vote of not fewer than six members of the board.	607

(2) An application for a certificate made under the	608
provisions of this chapter may not be withdrawn without approval	609
of the board.	610

(3) Failure by an individual to renew a certificate of	611
registration in accordance with this chapter shall not remove or	612
limit the board's jurisdiction to take any disciplinary action	613
under this section against the individual.	614

(N) Sanctions shall not be imposed under division (B)(28) of	615
this section against any person who waives deductibles and	616
copayments as follows:	617

(1) In compliance with the health benefit plan that expressly	618
allows such a practice. Waiver of the deductibles or copayments	619
shall be made only with the full knowledge and consent of the plan	620
purchaser, payer, and third-party administrator. Documentation of	621
the consent shall be made available to the board upon request.	622

(2) For professional services rendered to any other person	623
authorized to practice pursuant to this chapter, to the extent	624
allowed by this chapter and rules adopted by the board.	625

(O) Under the board's investigative duties described in this	626
section and subject to division (F) of this section, the board	627
shall develop and implement a quality intervention program	628
designed to improve through remedial education the clinical and	629
communication skills of individuals authorized under this chapter	630
to practice medicine and surgery, osteopathic medicine and	631
surgery, and podiatric medicine and surgery. In developing and	632
implementing the quality intervention program, the board may do	633
all of the following:	634

(1) Offer in appropriate cases as determined by the board an	635
educational and assessment program pursuant to an investigation	636
the board conducts under this section;	637

(2) Select providers of educational and assessment services,	638
including a quality intervention program panel of case reviewers;	639

(3) Make referrals to educational and assessment service	640
providers and approve individual educational programs recommended	641
by those providers. The board shall monitor the progress of each	642
individual undertaking a recommended individual educational	643
program.	644

(4) Determine what constitutes successful completion of an	645
individual educational program and require further monitoring of	646
the individual who completed the program or other action that the	647
board determines to be appropriate;	648

(5) Adopt rules in accordance with Chapter 119. of the	649
Revised Code to further implement the quality intervention	650
program.	651

An individual who participates in an individual educational	652
program pursuant to this division shall pay the financial	653
obligations arising from that educational program.	654

Section 2. That existing section 4731.22 of the Revised Code	655
is hereby repealed.	656