As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 553

Representative McGregor, J. 

Cosponsors: Representatives Okey, Hagan, R., Ujvagi 

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A BILL

To amend sections 4731.051, 4731.07, 4731.22,

1

4731.224, 4731.24, 4731.25, 4731.35, 4760.131, and

2

4762.131 and to enact sections 4746.01, 4746.02,

3

4746.03, 4746.031, 4746.04 to 4746.06, 4746.08,

4

4746.09, 4746.11, 4746.13, 4746.131, 4746.132,

5

4746.14 to 4746.18, 4746.20, 4746.21, and 4746.99

6

of the Revised Code to regulate the practice of

7

surgical technology.

8

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

Section 1. That sections 4731.051, 4731.07, 4731.22,	9
4731.224, 4731.24, 4731.25, 4731.35, 4760.131, and 4762.131 be	10
amended and sections 4746.01, 4746.02, 4746.03, 4746.031,	11
4746.04, 4746.05, 4746.06, 4746.08, 4746.09, 4746.11, 4746.13,	12
4746.131, 4746.132, 4746.14, 4746.15, 4746.16, 4746.17, 4746.18,	13
4746.20, 4746.21, and 4746.99 of the Revised Code be enacted to	14
read as follows:	15

Sec. 4731.051.  The state medical board shall adopt rules in	16
accordance with Chapter 119. of the Revised Code establishing	17
universal blood and body fluid precautions that shall be used by	18
each person who performs exposure prone invasive procedures and is	19
authorized to practice by this chapter or Chapter 4730., 4746.,	20
4760., or 4762. of the Revised Code. The rules shall define and	21
establish requirements for universal blood and body fluid	22
precautions that include the following:	23

(A) Appropriate use of hand washing;

24

(B) Disinfection and sterilization of equipment;

25

(C) Handling and disposal of needles and other sharp	26
instruments;	27

(D) Wearing and disposal of gloves and other protective	28
garments and devices.	29

Sec. 4731.07.  The state medical board shall keep a record of	30
its proceedings. It shall also keep a register of applicants for	31
certificates of registration and certificates to practice issued	32
under this chapter and Chapters 4730., 4746., 4760., and 4762. of	33
the Revised Code. The register shall show the name of the	34
applicant and whether the applicant was granted or refused a	35
certificate. With respect to applicants to practice medicine and	36
surgery or osteopathic medicine and surgery, the register shall	37
show the name of the institution that granted the applicant the	38
degree of doctor of medicine or osteopathic medicine. The books	39
and records of the board shall be prima-facie evidence of matters	40
therein contained.	41

Sec. 4731.22.  (A) The state medical board, by an affirmative	42
vote of not fewer than six of its members, may revoke or may	43
refuse to grant a certificate to a person found by the board to	44
have committed fraud during the administration of the examination	45
for a certificate to practice or to have committed fraud,	46
misrepresentation, or deception in applying for or securing any	47
certificate to practice or certificate of registration issued by	48
the board.	49

(B) The board, by an affirmative vote of not fewer than six	50
members, shall, to the extent permitted by law, limit, revoke, or	51
suspend an individual's certificate to practice, refuse to	52
register an individual, refuse to reinstate a certificate, or	53
reprimand or place on probation the holder of a certificate for	54
one or more of the following reasons:	55

(1) Permitting one's name or one's certificate to practice or	56
certificate of registration to be used by a person, group, or	57
corporation when the individual concerned is not actually	58
directing the treatment given;	59

(2) Failure to maintain minimal standards applicable to the	60
selection or administration of drugs, or failure to employ	61
acceptable scientific methods in the selection of drugs or other	62
modalities for treatment of disease;	63

(3) Selling, giving away, personally furnishing, prescribing,	64
or administering drugs for other than legal and legitimate	65
therapeutic purposes or a plea of guilty to, a judicial finding of	66
guilt of, or a judicial finding of eligibility for intervention in	67
lieu of conviction of, a violation of any federal or state law	68
regulating the possession, distribution, or use of any drug;	69

(4) Willfully betraying a professional confidence.

70

For purposes of this division, "willfully betraying a	71
professional confidence" does not include providing any	72
information, documents, or reports to a child fatality review	73
board under sections 307.621 to 307.629 of the Revised Code and	74
does not include the making of a report of an employee's use of a	75
drug of abuse, or a report of a condition of an employee other	76
than one involving the use of a drug of abuse, to the employer of	77
the employee as described in division (B) of section 2305.33 of	78
the Revised Code. Nothing in this division affects the immunity	79
from civil liability conferred by that section upon a physician	80
who makes either type of report in accordance with division (B) of	81
that section. As used in this division, "employee," "employer,"	82
and "physician" have the same meanings as in section 2305.33 of	83
the Revised Code.	84

(5) Making a false, fraudulent, deceptive, or misleading	85
statement in the solicitation of or advertising for patients; in	86
relation to the practice of medicine and surgery, osteopathic	87
medicine and surgery, podiatric medicine and surgery, or a limited	88
branch of medicine; or in securing or attempting to secure any	89
certificate to practice or certificate of registration issued by	90
the board.	91

As used in this division, "false, fraudulent, deceptive, or	92
misleading statement" means a statement that includes a	93
misrepresentation of fact, is likely to mislead or deceive because	94
of a failure to disclose material facts, is intended or is likely	95
to create false or unjustified expectations of favorable results,	96
or includes representations or implications that in reasonable	97
probability will cause an ordinarily prudent person to	98
misunderstand or be deceived.	99

(6) A departure from, or the failure to conform to, minimal	100
standards of care of similar practitioners under the same or	101
similar circumstances, whether or not actual injury to a patient	102
is established;	103

(7) Representing, with the purpose of obtaining compensation	104
or other advantage as personal gain or for any other person, that	105
an incurable disease or injury, or other incurable condition, can	106
be permanently cured;	107

(8) The obtaining of, or attempting to obtain, money or	108
anything of value by fraudulent misrepresentations in the course	109
of practice;	110

(9) A plea of guilty to, a judicial finding of guilt of, or a	111
judicial finding of eligibility for intervention in lieu of	112
conviction for, a felony;	113

(10) Commission of an act that constitutes a felony in this	114
state, regardless of the jurisdiction in which the act was	115
committed;	116

(11) A plea of guilty to, a judicial finding of guilt of, or	117
a judicial finding of eligibility for intervention in lieu of	118
conviction for, a misdemeanor committed in the course of practice;	119

(12) Commission of an act in the course of practice that	120
constitutes a misdemeanor in this state, regardless of the	121
jurisdiction in which the act was committed;	122

(13) A plea of guilty to, a judicial finding of guilt of, or	123
a judicial finding of eligibility for intervention in lieu of	124
conviction for, a misdemeanor involving moral turpitude;	125

(14) Commission of an act involving moral turpitude that	126
constitutes a misdemeanor in this state, regardless of the	127
jurisdiction in which the act was committed;	128

(15) Violation of the conditions of limitation placed by the	129
board upon a certificate to practice;	130

(16) Failure to pay license renewal fees specified in this	131
chapter;	132

(17) Except as authorized in section 4731.31 of the Revised	133
Code, engaging in the division of fees for referral of patients,	134
or the receiving of a thing of value in return for a specific	135
referral of a patient to utilize a particular service or business;	136

(18) Subject to section 4731.226 of the Revised Code,	137
violation of any provision of a code of ethics of the American	138
medical association, the American osteopathic association, the	139
American podiatric medical association, or any other national	140
professional organizations that the board specifies by rule. The	141
state medical board shall obtain and keep on file current copies	142
of the codes of ethics of the various national professional	143
organizations. The individual whose certificate is being suspended	144
or revoked shall not be found to have violated any provision of a	145
code of ethics of an organization not appropriate to the	146
individual's profession.	147

For purposes of this division, a "provision of a code of	148
ethics of a national professional organization" does not include	149
any provision that would preclude the making of a report by a	150
physician of an employee's use of a drug of abuse, or of a	151
condition of an employee other than one involving the use of a	152
drug of abuse, to the employer of the employee as described in	153
division (B) of section 2305.33 of the Revised Code. Nothing in	154
this division affects the immunity from civil liability conferred	155
by that section upon a physician who makes either type of report	156
in accordance with division (B) of that section. As used in this	157
division, "employee," "employer," and "physician" have the same	158
meanings as in section 2305.33 of the Revised Code.	159

(19) Inability to practice according to acceptable and	160
prevailing standards of care by reason of mental illness or	161
physical illness, including, but not limited to, physical	162
deterioration that adversely affects cognitive, motor, or	163
perceptive skills.	164

In enforcing this division, the board, upon a showing of a	165
possible violation, may compel any individual authorized to	166
practice by this chapter or who has submitted an application	167
pursuant to this chapter to submit to a mental examination,	168
physical examination, including an HIV test, or both a mental and	169
a physical examination. The expense of the examination is the	170
responsibility of the individual compelled to be examined. Failure	171
to submit to a mental or physical examination or consent to an HIV	172
test ordered by the board constitutes an admission of the	173
allegations against the individual unless the failure is due to	174
circumstances beyond the individual's control, and a default and	175
final order may be entered without the taking of testimony or	176
presentation of evidence. If the board finds an individual unable	177
to practice because of the reasons set forth in this division, the	178
board shall require the individual to submit to care, counseling,	179
or treatment by physicians approved or designated by the board, as	180
a condition for initial, continued, reinstated, or renewed	181
authority to practice. An individual affected under this division	182
shall be afforded an opportunity to demonstrate to the board the	183
ability to resume practice in compliance with acceptable and	184
prevailing standards under the provisions of the individual's	185
certificate. For the purpose of this division, any individual who	186
applies for or receives a certificate to practice under this	187
chapter accepts the privilege of practicing in this state and, by	188
so doing, shall be deemed to have given consent to submit to a	189
mental or physical examination when directed to do so in writing	190
by the board, and to have waived all objections to the	191
admissibility of testimony or examination reports that constitute	192
a privileged communication.	193

(20) Except when civil penalties are imposed under section	194
4731.225 or 4731.281 of the Revised Code, and subject to section	195
4731.226 of the Revised Code, violating or attempting to violate,	196
directly or indirectly, or assisting in or abetting the violation	197
of, or conspiring to violate, any provisions of this chapter or	198
any rule promulgated by the board.	199

This division does not apply to a violation or attempted	200
violation of, assisting in or abetting the violation of, or a	201
conspiracy to violate, any provision of this chapter or any rule	202
adopted by the board that would preclude the making of a report by	203
a physician of an employee's use of a drug of abuse, or of a	204
condition of an employee other than one involving the use of a	205
drug of abuse, to the employer of the employee as described in	206
division (B) of section 2305.33 of the Revised Code. Nothing in	207
this division affects the immunity from civil liability conferred	208
by that section upon a physician who makes either type of report	209
in accordance with division (B) of that section. As used in this	210
division, "employee," "employer," and "physician" have the same	211
meanings as in section 2305.33 of the Revised Code.	212

(21) The violation of section 3701.79 of the Revised Code or	213
of any abortion rule adopted by the public health council pursuant	214
to section 3701.341 of the Revised Code;	215

(22) Any of the following actions taken by the agency	216
responsible for regulating the practice of medicine and surgery,	217
osteopathic medicine and surgery, podiatric medicine and surgery,	218
or the limited branches of medicine in another jurisdiction, for	219
any reason other than the nonpayment of fees: the limitation,	220
revocation, or suspension of an individual's license to practice;	221
acceptance of an individual's license surrender; denial of a	222
license; refusal to renew or reinstate a license; imposition of	223
probation; or issuance of an order of censure or other reprimand;	224

(23) The violation of section 2919.12 of the Revised Code or	225
the performance or inducement of an abortion upon a pregnant woman	226
with actual knowledge that the conditions specified in division	227
(B) of section 2317.56 of the Revised Code have not been satisfied	228
or with a heedless indifference as to whether those conditions	229
have been satisfied, unless an affirmative defense as specified in	230
division (H)(2) of that section would apply in a civil action	231
authorized by division (H)(1) of that section;	232

(24) The revocation, suspension, restriction, reduction, or	233
termination of clinical privileges by the United States department	234
of defense or department of veterans affairs or the termination or	235
suspension of a certificate of registration to prescribe drugs by	236
the drug enforcement administration of the United States	237
department of justice;	238

(25) Termination or suspension from participation in the	239
medicare or medicaid programs by the department of health and	240
human services or other responsible agency for any act or acts	241
that also would constitute a violation of division (B)(2), (3),	242
(6), (8), or (19) of this section;	243

(26) Impairment of ability to practice according to	244
acceptable and prevailing standards of care because of habitual or	245
excessive use or abuse of drugs, alcohol, or other substances that	246
impair ability to practice.	247

For the purposes of this division, any individual authorized	248
to practice by this chapter accepts the privilege of practicing in	249
this state subject to supervision by the board. By filing an	250
application for or holding a certificate to practice under this	251
chapter, an individual shall be deemed to have given consent to	252
submit to a mental or physical examination when ordered to do so	253
by the board in writing, and to have waived all objections to the	254
admissibility of testimony or examination reports that constitute	255
privileged communications.	256

If it has reason to believe that any individual authorized to	257
practice by this chapter or any applicant for certification to	258
practice suffers such impairment, the board may compel the	259
individual to submit to a mental or physical examination, or both.	260
The expense of the examination is the responsibility of the	261
individual compelled to be examined. Any mental or physical	262
examination required under this division shall be undertaken by a	263
treatment provider or physician who is qualified to conduct the	264
examination and who is chosen by the board.	265

Failure to submit to a mental or physical examination ordered	266
by the board constitutes an admission of the allegations against	267
the individual unless the failure is due to circumstances beyond	268
the individual's control, and a default and final order may be	269
entered without the taking of testimony or presentation of	270
evidence. If the board determines that the individual's ability to	271
practice is impaired, the board shall suspend the individual's	272
certificate or deny the individual's application and shall require	273
the individual, as a condition for initial, continued, reinstated,	274
or renewed certification to practice, to submit to treatment.	275

Before being eligible to apply for reinstatement of a	276
certificate suspended under this division, the impaired	277
practitioner shall demonstrate to the board the ability to resume	278
practice in compliance with acceptable and prevailing standards of	279
care under the provisions of the practitioner's certificate. The	280
demonstration shall include, but shall not be limited to, the	281
following:	282

(a) Certification from a treatment provider approved under	283
section 4731.25 of the Revised Code that the individual has	284
successfully completed any required inpatient treatment;	285

(b) Evidence of continuing full compliance with an aftercare	286
contract or consent agreement;	287

(c) Two written reports indicating that the individual's	288
ability to practice has been assessed and that the individual has	289
been found capable of practicing according to acceptable and	290
prevailing standards of care. The reports shall be made by	291
individuals or providers approved by the board for making the	292
assessments and shall describe the basis for their determination.	293

The board may reinstate a certificate suspended under this	294
division after that demonstration and after the individual has	295
entered into a written consent agreement.	296

When the impaired practitioner resumes practice, the board	297
shall require continued monitoring of the individual. The	298
monitoring shall include, but not be limited to, compliance with	299
the written consent agreement entered into before reinstatement or	300
with conditions imposed by board order after a hearing, and, upon	301
termination of the consent agreement, submission to the board for	302
at least two years of annual written progress reports made under	303
penalty of perjury stating whether the individual has maintained	304
sobriety.	305

(27) A second or subsequent violation of section 4731.66 or	306
4731.69 of the Revised Code;	307

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

308

(a) Waiving the payment of all or any part of a deductible or	309
copayment that a patient, pursuant to a health insurance or health	310
care policy, contract, or plan that covers the individual's	311
services, otherwise would be required to pay if the waiver is used	312
as an enticement to a patient or group of patients to receive	313
health care services from that individual;	314

(b) Advertising that the individual will waive the payment of	315
all or any part of a deductible or copayment that a patient,	316
pursuant to a health insurance or health care policy, contract, or	317
plan that covers the individual's services, otherwise would be	318
required to pay.	319

(29) Failure to use universal blood and body fluid	320
precautions established by rules adopted under section 4731.051 of	321
the Revised Code;	322

(30) Failure to provide notice to, and receive acknowledgment	323
of the notice from, a patient when required by section 4731.143 of	324
the Revised Code prior to providing nonemergency professional	325
services, or failure to maintain that notice in the patient's	326
file;	327

(31) Failure of a physician supervising a physician assistant	328
to maintain supervision in accordance with the requirements of	329
Chapter 4730. of the Revised Code and the rules adopted under that	330
chapter;	331

(32) Failure of a physician or podiatrist to enter into a	332
standard care arrangement with a clinical nurse specialist,	333
certified nurse-midwife, or certified nurse practitioner with whom	334
the physician or podiatrist is in collaboration pursuant to	335
section 4731.27 of the Revised Code or failure to fulfill the	336
responsibilities of collaboration after entering into a standard	337
care arrangement;	338

(33) Failure to comply with the terms of a consult agreement	339
entered into with a pharmacist pursuant to section 4729.39 of the	340
Revised Code;	341

(34) Failure to cooperate in an investigation conducted by	342
the board under division (F) of this section, including failure to	343
comply with a subpoena or order issued by the board or failure to	344
answer truthfully a question presented by the board at a	345
deposition or in written interrogatories, except that failure to	346
cooperate with an investigation shall not constitute grounds for	347
discipline under this section if a court of competent jurisdiction	348
has issued an order that either quashes a subpoena or permits the	349
individual to withhold the testimony or evidence in issue;	350

(35) Failure to supervise an acupuncturist in accordance with	351
Chapter 4762. of the Revised Code and the board's rules for	352
supervision of an acupuncturist;	353

(36) Failure to supervise an anesthesiologist assistant in	354
accordance with Chapter 4760. of the Revised Code and the board's	355
rules for supervision of an anesthesiologist assistant;	356

(37) Assisting suicide as defined in section 3795.01 of the	357
Revised Code;	358

(38) Failure to comply with the requirements of section	359
2317.561 of the Revised Code;	360

(39) Failure to supervise a surgical technologist in	361
accordance with the board's rules for supervision of surgical	362
technologists.	363

(C) Disciplinary actions taken by the board under divisions	364
(A) and (B) of this section shall be taken pursuant to an	365
adjudication under Chapter 119. of the Revised Code, except that	366
in lieu of an adjudication, the board may enter into a consent	367
agreement with an individual to resolve an allegation of a	368
violation of this chapter or any rule adopted under it. A consent	369
agreement, when ratified by an affirmative vote of not fewer than	370
six members of the board, shall constitute the findings and order	371
of the board with respect to the matter addressed in the	372
agreement. If the board refuses to ratify a consent agreement, the	373
admissions and findings contained in the consent agreement shall	374
be of no force or effect.	375

If the board takes disciplinary action against an individual	376
under division (B) of this section for a second or subsequent plea	377
of guilty to, or judicial finding of guilt of, a violation of	378
section 2919.123 of the Revised Code, the disciplinary action	379
shall consist of a suspension of the individual's certificate to	380
practice for a period of at least one year or, if determined	381
appropriate by the board, a more serious sanction involving the	382
individual's certificate to practice. Any consent agreement	383
entered into under this division with an individual that pertains	384
to a second or subsequent plea of guilty to, or judicial finding	385
of guilt of, a violation of that section shall provide for a	386
suspension of the individual's certificate to practice for a	387
period of at least one year or, if determined appropriate by the	388
board, a more serious sanction involving the individual's	389
certificate to practice.	390

(D) For purposes of divisions (B)(10), (12), and (14) of this	391
section, the commission of the act may be established by a finding	392
by the board, pursuant to an adjudication under Chapter 119. of	393
the Revised Code, that the individual committed the act. The board	394
does not have jurisdiction under those divisions if the trial	395
court renders a final judgment in the individual's favor and that	396
judgment is based upon an adjudication on the merits. The board	397
has jurisdiction under those divisions if the trial court issues	398
an order of dismissal upon technical or procedural grounds.	399

(E) The sealing of conviction records by any court shall have	400
no effect upon a prior board order entered under this section or	401
upon the board's jurisdiction to take action under this section	402
if, based upon a plea of guilty, a judicial finding of guilt, or a	403
judicial finding of eligibility for intervention in lieu of	404
conviction, the board issued a notice of opportunity for a hearing	405
prior to the court's order to seal the records. The board shall	406
not be required to seal, destroy, redact, or otherwise modify its	407
records to reflect the court's sealing of conviction records.	408

(F)(1) The board shall investigate evidence that appears to	409
show that a person has violated any provision of this chapter or	410
any rule adopted under it. Any person may report to the board in a	411
signed writing any information that the person may have that	412
appears to show a violation of any provision of this chapter or	413
any rule adopted under it. In the absence of bad faith, any person	414
who reports information of that nature or who testifies before the	415
board in any adjudication conducted under Chapter 119. of the	416
Revised Code shall not be liable in damages in a civil action as a	417
result of the report or testimony. Each complaint or allegation of	418
a violation received by the board shall be assigned a case number	419
and shall be recorded by the board.	420

(2) Investigations of alleged violations of this chapter or	421
any rule adopted under it shall be supervised by the supervising	422
member elected by the board in accordance with section 4731.02 of	423
the Revised Code and by the secretary as provided in section	424
4731.39 of the Revised Code. The president may designate another	425
member of the board to supervise the investigation in place of the	426
supervising member. No member of the board who supervises the	427
investigation of a case shall participate in further adjudication	428
of the case.	429

(3) In investigating a possible violation of this chapter or	430
any rule adopted under this chapter, the board may administer	431
oaths, order the taking of depositions, issue subpoenas, and	432
compel the attendance of witnesses and production of books,	433
accounts, papers, records, documents, and testimony, except that a	434
subpoena for patient record information shall not be issued	435
without consultation with the attorney general's office and	436
approval of the secretary and supervising member of the board.	437
Before issuance of a subpoena for patient record information, the	438
secretary and supervising member shall determine whether there is	439
probable cause to believe that the complaint filed alleges a	440
violation of this chapter or any rule adopted under it and that	441
the records sought are relevant to the alleged violation and	442
material to the investigation. The subpoena may apply only to	443
records that cover a reasonable period of time surrounding the	444
alleged violation.	445

On failure to comply with any subpoena issued by the board	446
and after reasonable notice to the person being subpoenaed, the	447
board may move for an order compelling the production of persons	448
or records pursuant to the Rules of Civil Procedure.	449

A subpoena issued by the board may be served by a sheriff,	450
the sheriff's deputy, or a board employee designated by the board.	451
Service of a subpoena issued by the board may be made by	452
delivering a copy of the subpoena to the person named therein,	453
reading it to the person, or leaving it at the person's usual	454
place of residence. When the person being served is a person whose	455
practice is authorized by this chapter, service of the subpoena	456
may be made by certified mail, restricted delivery, return receipt	457
requested, and the subpoena shall be deemed served on the date	458
delivery is made or the date the person refuses to accept	459
delivery.	460

A sheriff's deputy who serves a subpoena shall receive the	461
same fees as a sheriff. Each witness who appears before the board	462
in obedience to a subpoena shall receive the fees and mileage	463
provided for witnesses in civil cases in the courts of common	464
pleas.	465

(4) All hearings and investigations of the board shall be	466
considered civil actions for the purposes of section 2305.252 of	467
the Revised Code.	468

(5) Information received by the board pursuant to an	469
investigation is confidential and not subject to discovery in any	470
civil action.	471

The board shall conduct all investigations and proceedings in	472
a manner that protects the confidentiality of patients and persons	473
who file complaints with the board. The board shall not make	474
public the names or any other identifying information about	475
patients or complainants unless proper consent is given or, in the	476
case of a patient, a waiver of the patient privilege exists under	477
division (B) of section 2317.02 of the Revised Code, except that	478
consent or a waiver of that nature is not required if the board	479
possesses reliable and substantial evidence that no bona fide	480
physician-patient relationship exists.	481

The board may share any information it receives pursuant to	482
an investigation, including patient records and patient record	483
information, with law enforcement agencies, other licensing	484
boards, and other governmental agencies that are prosecuting,	485
adjudicating, or investigating alleged violations of statutes or	486
administrative rules. An agency or board that receives the	487
information shall comply with the same requirements regarding	488
confidentiality as those with which the state medical board must	489
comply, notwithstanding any conflicting provision of the Revised	490
Code or procedure of the agency or board that applies when it is	491
dealing with other information in its possession. In a judicial	492
proceeding, the information may be admitted into evidence only in	493
accordance with the Rules of Evidence, but the court shall require	494
that appropriate measures are taken to ensure that confidentiality	495
is maintained with respect to any part of the information that	496
contains names or other identifying information about patients or	497
complainants whose confidentiality was protected by the state	498
medical board when the information was in the board's possession.	499
Measures to ensure confidentiality that may be taken by the court	500
include sealing its records or deleting specific information from	501
its records.	502

(6) On a quarterly basis, the board shall prepare a report	503
that documents the disposition of all cases during the preceding	504
three months. The report shall contain the following information	505
for each case with which the board has completed its activities:	506

(a) The case number assigned to the complaint or alleged	507
violation;	508

(b) The type of certificate to practice, if any, held by the	509
individual against whom the complaint is directed;	510

(c) A description of the allegations contained in the	511
complaint;	512

(d) The disposition of the case.

513

The report shall state how many cases are still pending and	514
shall be prepared in a manner that protects the identity of each	515
person involved in each case. The report shall be a public record	516
under section 149.43 of the Revised Code.	517

(G) If the secretary and supervising member determine that	518
there is clear and convincing evidence that an individual has	519
violated division (B) of this section and that the individual's	520
continued practice presents a danger of immediate and serious harm	521
to the public, they may recommend that the board suspend the	522
individual's certificate to practice without a prior hearing.	523
Written allegations shall be prepared for consideration by the	524
board.	525

The board, upon review of those allegations and by an	526
affirmative vote of not fewer than six of its members, excluding	527
the secretary and supervising member, may suspend a certificate	528
without a prior hearing. A telephone conference call may be	529
utilized for reviewing the allegations and taking the vote on the	530
summary suspension.	531

The board shall issue a written order of suspension by	532
certified mail or in person in accordance with section 119.07 of	533
the Revised Code. The order shall not be subject to suspension by	534
the court during pendency of any appeal filed under section 119.12	535
of the Revised Code. If the individual subject to the summary	536
suspension requests an adjudicatory hearing by the board, the date	537
set for the hearing shall be within fifteen days, but not earlier	538
than seven days, after the individual requests the hearing, unless	539
otherwise agreed to by both the board and the individual.	540

Any summary suspension imposed under this division shall	541
remain in effect, unless reversed on appeal, until a final	542
adjudicative order issued by the board pursuant to this section	543
and Chapter 119. of the Revised Code becomes effective. The board	544
shall issue its final adjudicative order within seventy-five days	545
after completion of its hearing. A failure to issue the order	546
within seventy-five days shall result in dissolution of the	547
summary suspension order but shall not invalidate any subsequent,	548
final adjudicative order.	549

(H) If the board takes action under division (B)(9), (11), or	550
(13) of this section and the judicial finding of guilt, guilty	551
plea, or judicial finding of eligibility for intervention in lieu	552
of conviction is overturned on appeal, upon exhaustion of the	553
criminal appeal, a petition for reconsideration of the order may	554
be filed with the board along with appropriate court documents.	555
Upon receipt of a petition of that nature and supporting court	556
documents, the board shall reinstate the individual's certificate	557
to practice. The board may then hold an adjudication under Chapter	558
119. of the Revised Code to determine whether the individual	559
committed the act in question. Notice of an opportunity for a	560
hearing shall be given in accordance with Chapter 119. of the	561
Revised Code. If the board finds, pursuant to an adjudication held	562
under this division, that the individual committed the act or if	563
no hearing is requested, the board may order any of the sanctions	564
identified under division (B) of this section.	565

(I) The certificate to practice issued to an individual under	566
this chapter and the individual's practice in this state are	567
automatically suspended as of the date of the individual's second	568
or subsequent plea of guilty to, or judicial finding of guilt of,	569
a violation of section 2919.123 of the Revised Code, or the date	570
the individual pleads guilty to, is found by a judge or jury to be	571
guilty of, or is subject to a judicial finding of eligibility for	572
intervention in lieu of conviction in this state or treatment or	573
intervention in lieu of conviction in another jurisdiction for any	574
of the following criminal offenses in this state or a	575
substantially equivalent criminal offense in another jurisdiction:	576
aggravated murder, murder, voluntary manslaughter, felonious	577
assault, kidnapping, rape, sexual battery, gross sexual	578
imposition, aggravated arson, aggravated robbery, or aggravated	579
burglary. Continued practice after suspension shall be considered	580
practicing without a certificate.	581

The board shall notify the individual subject to the	582
suspension by certified mail or in person in accordance with	583
section 119.07 of the Revised Code. If an individual whose	584
certificate is automatically suspended under this division fails	585
to make a timely request for an adjudication under Chapter 119. of	586
the Revised Code, the board shall do whichever of the following is	587
applicable:	588

(1) If the automatic suspension under this division is for a	589
second or subsequent plea of guilty to, or judicial finding of	590
guilt of, a violation of section 2919.123 of the Revised Code, the	591
board shall enter an order suspending the individual's certificate	592
to practice for a period of at least one year or, if determined	593
appropriate by the board, imposing a more serious sanction	594
involving the individual's certificate to practice.	595

(2) In all circumstances in which division (I)(1) of this	596
section does not apply, enter a final order permanently revoking	597
the individual's certificate to practice.	598

(J) If the board is required by Chapter 119. of the Revised	599
Code to give notice of an opportunity for a hearing and if the	600
individual subject to the notice does not timely request a hearing	601
in accordance with section 119.07 of the Revised Code, the board	602
is not required to hold a hearing, but may adopt, by an	603
affirmative vote of not fewer than six of its members, a final	604
order that contains the board's findings. In that final order, the	605
board may order any of the sanctions identified under division (A)	606
or (B) of this section.	607

(K) Any action taken by the board under division (B) of this	608
section resulting in a suspension from practice shall be	609
accompanied by a written statement of the conditions under which	610
the individual's certificate to practice may be reinstated. The	611
board shall adopt rules governing conditions to be imposed for	612
reinstatement. Reinstatement of a certificate suspended pursuant	613
to division (B) of this section requires an affirmative vote of	614
not fewer than six members of the board.	615

(L) When the board refuses to grant a certificate to an	616
applicant, revokes an individual's certificate to practice,	617
refuses to register an applicant, or refuses to reinstate an	618
individual's certificate to practice, the board may specify that	619
its action is permanent. An individual subject to a permanent	620
action taken by the board is forever thereafter ineligible to hold	621
a certificate to practice and the board shall not accept an	622
application for reinstatement of the certificate or for issuance	623
of a new certificate.	624

(M) Notwithstanding any other provision of the Revised Code,	625
all of the following apply:	626

(1) The surrender of a certificate issued under this chapter	627
shall not be effective unless or until accepted by the board.	628
Reinstatement of a certificate surrendered to the board requires	629
an affirmative vote of not fewer than six members of the board.	630

(2) An application for a certificate made under the	631
provisions of this chapter may not be withdrawn without approval	632
of the board.	633

(3) Failure by an individual to renew a certificate of	634
registration in accordance with this chapter shall not remove or	635
limit the board's jurisdiction to take any disciplinary action	636
under this section against the individual.	637

(N) Sanctions shall not be imposed under division (B)(28) of	638
this section against any person who waives deductibles and	639
copayments as follows:	640

(1) In compliance with the health benefit plan that expressly	641
allows such a practice. Waiver of the deductibles or copayments	642
shall be made only with the full knowledge and consent of the plan	643
purchaser, payer, and third-party administrator. Documentation of	644
the consent shall be made available to the board upon request.	645

(2) For professional services rendered to any other person	646
authorized to practice pursuant to this chapter, to the extent	647
allowed by this chapter and rules adopted by the board.	648

(O) Under the board's investigative duties described in this	649
section and subject to division (F) of this section, the board	650
shall develop and implement a quality intervention program	651
designed to improve through remedial education the clinical and	652
communication skills of individuals authorized under this chapter	653
to practice medicine and surgery, osteopathic medicine and	654
surgery, and podiatric medicine and surgery. In developing and	655
implementing the quality intervention program, the board may do	656
all of the following:	657

(1) Offer in appropriate cases as determined by the board an	658
educational and assessment program pursuant to an investigation	659
the board conducts under this section;	660

(2) Select providers of educational and assessment services,	661
including a quality intervention program panel of case reviewers;	662

(3) Make referrals to educational and assessment service	663
providers and approve individual educational programs recommended	664
by those providers. The board shall monitor the progress of each	665
individual undertaking a recommended individual educational	666
program.	667

(4) Determine what constitutes successful completion of an	668
individual educational program and require further monitoring of	669
the individual who completed the program or other action that the	670
board determines to be appropriate;	671

(5) Adopt rules in accordance with Chapter 119. of the	672
Revised Code to further implement the quality intervention	673
program.	674

An individual who participates in an individual educational	675
program pursuant to this division shall pay the financial	676
obligations arising from that educational program.	677

Sec. 4731.224.  (A) Within sixty days after the imposition of	678
any formal disciplinary action taken by any health care facility,	679
including a hospital, health care facility operated by a health	680
insuring corporation, ambulatory surgical center, or similar	681
facility, against any individual holding a valid certificate to	682
practice issued pursuant to this chapter, the chief administrator	683
or executive officer of the facility shall report to the state	684
medical board the name of the individual, the action taken by the	685
facility, and a summary of the underlying facts leading to the	686
action taken. Upon request, the board shall be provided certified	687
copies of the patient records that were the basis for the	688
facility's action. Prior to release to the board, the summary	689
shall be approved by the peer review committee that reviewed the	690
case or by the governing board of the facility. As used in this	691
division, "formal disciplinary action" means any action resulting	692
in the revocation, restriction, reduction, or termination of	693
clinical privileges for violations of professional ethics, or for	694
reasons of medical incompetence, medical malpractice, or drug or	695
alcohol abuse. "Formal disciplinary action" includes a summary	696
action, an action that takes effect notwithstanding any appeal	697
rights that may exist, and an action that results in an individual	698
surrendering clinical privileges while under investigation and	699
during proceedings regarding the action being taken or in return	700
for not being investigated or having proceedings held. "Formal	701
disciplinary action" does not include any action taken for the	702
sole reason of failure to maintain records on a timely basis or	703
failure to attend staff or section meetings.	704

The filing or nonfiling of a report with the board,	705
investigation by the board, or any disciplinary action taken by	706
the board, shall not preclude any action by a health care facility	707
to suspend, restrict, or revoke the individual's clinical	708
privileges.	709

In the absence of fraud or bad faith, no individual or entity	710
that provides patient records to the board shall be liable in	711
damages to any person as a result of providing the records.	712

(B) If any individual authorized to practice under this	713
chapter or any professional association or society of such	714
individuals believes that a violation of any provision of this	715
chapter, Chapter 4730., 4746., 4760., or 4762. of the Revised	716
Code, or any rule of the board has occurred, the individual,	717
association, or society shall report to the board the information	718
upon which the belief is based. This division does not require any	719
treatment provider approved by the board under section 4731.25 of	720
the Revised Code or any employee, agent, or representative of such	721
a provider to make reports with respect to an impaired	722
practitioner participating in treatment or aftercare for substance	723
abuse as long as the practitioner maintains participation in	724
accordance with the requirements of section 4731.25 of the Revised	725
Code, and as long as the treatment provider or employee, agent, or	726
representative of the provider has no reason to believe that the	727
practitioner has violated any provision of this chapter or any	728
rule adopted under it, other than the provisions of division	729
(B)(26) of section 4731.22 of the Revised Code. This division does	730
not require reporting by any member of an impaired practitioner	731
committee established by a health care facility or by any	732
representative or agent of a committee or program sponsored by a	733
professional association or society of individuals authorized to	734
practice under this chapter to provide peer assistance to	735
practitioners with substance abuse problems with respect to a	736
practitioner who has been referred for examination to a treatment	737
program approved by the board under section 4731.25 of the Revised	738
Code if the practitioner cooperates with the referral for	739
examination and with any determination that the practitioner	740
should enter treatment and as long as the committee member,	741
representative, or agent has no reason to believe that the	742
practitioner has ceased to participate in the treatment program in	743
accordance with section 4731.25 of the Revised Code or has	744
violated any provision of this chapter or any rule adopted under	745
it, other than the provisions of division (B)(26) of section	746
4731.22 of the Revised Code.	747

(C) Any professional association or society composed	748
primarily of doctors of medicine and surgery, doctors of	749
osteopathic medicine and surgery, doctors of podiatric medicine	750
and surgery, or practitioners of limited branches of medicine that	751
suspends or revokes an individual's membership for violations of	752
professional ethics, or for reasons of professional incompetence	753
or professional malpractice, within sixty days after a final	754
decision shall report to the board, on forms prescribed and	755
provided by the board, the name of the individual, the action	756
taken by the professional organization, and a summary of the	757
underlying facts leading to the action taken.	758

The filing of a report with the board or decision not to file	759
a report, investigation by the board, or any disciplinary action	760
taken by the board, does not preclude a professional organization	761
from taking disciplinary action against an individual.	762

(D) Any insurer providing professional liability insurance to	763
an individual authorized to practice under this chapter, or any	764
other entity that seeks to indemnify the professional liability of	765
such an individual, shall notify the board within thirty days	766
after the final disposition of any written claim for damages where	767
such disposition results in a payment exceeding twenty-five	768
thousand dollars. The notice shall contain the following	769
information:	770

(1) The name and address of the person submitting the	771
notification;	772

(2) The name and address of the insured who is the subject of	773
the claim;	774

(3) The name of the person filing the written claim;

775

(4) The date of final disposition;

776

(5) If applicable, the identity of the court in which the	777
final disposition of the claim took place.	778

(E) The board may investigate possible violations of this	779
chapter or the rules adopted under it that are brought to its	780
attention as a result of the reporting requirements of this	781
section, except that the board shall conduct an investigation if a	782
possible violation involves repeated malpractice. As used in this	783
division, "repeated malpractice" means three or more claims for	784
medical malpractice within the previous five-year period, each	785
resulting in a judgment or settlement in excess of twenty-five	786
thousand dollars in favor of the claimant, and each involving	787
negligent conduct by the practicing individual.	788

(F) All summaries, reports, and records received and	789
maintained by the board pursuant to this section shall be held in	790
confidence and shall not be subject to discovery or introduction	791
in evidence in any federal or state civil action involving a	792
health care professional or facility arising out of matters that	793
are the subject of the reporting required by this section. The	794
board may use the information obtained only as the basis for an	795
investigation, as evidence in a disciplinary hearing against an	796
individual whose practice is regulated under this chapter, or in	797
any subsequent trial or appeal of a board action or order.	798

The board may disclose the summaries and reports it receives	799
under this section only to health care facility committees within	800
or outside this state that are involved in credentialing or	801
recredentialing the individual or in reviewing the individual's	802
clinical privileges. The board shall indicate whether or not the	803
information has been verified. Information transmitted by the	804
board shall be subject to the same confidentiality provisions as	805
when maintained by the board.	806

(G) Except for reports filed by an individual pursuant to	807
division (B) of this section, the board shall send a copy of any	808
reports or summaries it receives pursuant to this section to the	809
individual who is the subject of the reports or summaries. The	810
individual shall have the right to file a statement with the board	811
concerning the correctness or relevance of the information. The	812
statement shall at all times accompany that part of the record in	813
contention.	814

(H) An individual or entity that, pursuant to this section,	815
reports to the board or refers an impaired practitioner to a	816
treatment provider approved by the board under section 4731.25 of	817
the Revised Code shall not be subject to suit for civil damages as	818
a result of the report, referral, or provision of the information.	819

(I) In the absence of fraud or bad faith, no professional	820
association or society of individuals authorized to practice under	821
this chapter that sponsors a committee or program to provide peer	822
assistance to practitioners with substance abuse problems, no	823
representative or agent of such a committee or program, and no	824
member of the state medical board shall be held liable in damages	825
to any person by reason of actions taken to refer a practitioner	826
to a treatment provider approved under section 4731.25 of the	827
Revised Code for examination or treatment.	828

Sec. 4731.24.  Except as provided in sections 4731.281 and	829
4731.40 of the Revised Code, all receipts of the state medical	830
board, from any source, shall be deposited in the state treasury.	831
Until July 1, 1998, the funds shall be deposited to the credit of	832
the occupational licensing and regulatory fund. On and after July	833
1, 1998, the funds shall be deposited to the credit of the state	834
medical board operating fund, which is hereby created on July 1,	835
1998. All funds deposited into the state treasury under this	836
section shall be used solely for the administration and	837
enforcement of this chapter and Chapters 4730., 4746., 4760., and	838
4762. of the Revised Code by the board.	839

Sec. 4731.25.  The state medical board, in accordance with	840
Chapter 119. of the Revised Code, shall adopt and may amend and	841
rescind rules establishing standards for approval of physicians	842
and facilities as treatment providers for impaired practitioners	843
who are regulated under this chapter or Chapter 4730., 4746.,	844
4760., or 4762. of the Revised Code. The rules shall include	845
standards for both inpatient and outpatient treatment. The rules	846
shall provide that in order to be approved, a treatment provider	847
must have the capability of making an initial examination to	848
determine what type of treatment an impaired practitioner	849
requires. Subject to the rules, the board shall review and approve	850
treatment providers on a regular basis. The board, at its	851
discretion, may withdraw or deny approval subject to the rules.	852

An approved impaired practitioner treatment provider shall:

853

(A) Report to the board the name of any practitioner	854
suffering or showing evidence of suffering impairment as described	855
in division (B)(5) of section 4730.25 of the Revised Code,	856
division (B)(26) of section 4731.22 of the Revised Code, division	857
(B)(6) of section 4746.13 of the Revised Code, division (B)(6) of	858
section 4760.13 of the Revised Code, or division (B)(6) of	859
section 4762.13 of the Revised Code who fails to comply within one	860
week with a referral for examination;	861

(B) Report to the board the name of any impaired practitioner	862
who fails to enter treatment within forty-eight hours following	863
the provider's determination that the practitioner needs	864
treatment;	865

(C) Require every practitioner who enters treatment to agree	866
to a treatment contract establishing the terms of treatment and	867
aftercare, including any required supervision or restrictions of	868
practice during treatment or aftercare;	869

(D) Require a practitioner to suspend practice upon entry	870
into any required inpatient treatment;	871

(E) Report to the board any failure by an impaired	872
practitioner to comply with the terms of the treatment contract	873
during inpatient or outpatient treatment or aftercare;	874

(F) Report to the board the resumption of practice of any	875
impaired practitioner before the treatment provider has made a	876
clear determination that the practitioner is capable of practicing	877
according to acceptable and prevailing standards of care;	878

(G) Require a practitioner who resumes practice after	879
completion of treatment to comply with an aftercare contract that	880
meets the requirements of rules adopted by the board for approval	881
of treatment providers;	882

(H) Report the identity of any practitioner practicing under	883
the terms of an aftercare contract to hospital administrators,	884
medical chiefs of staff, and chairpersons of impaired practitioner	885
committees of all health care institutions at which the	886
practitioner holds clinical privileges or otherwise practices. If	887
the practitioner does not hold clinical privileges at any health	888
care institution, the treatment provider shall report the	889
practitioner's identity to the impaired practitioner committee of	890
the county medical society, osteopathic academy, or podiatric	891
medical association in every county in which the practitioner	892
practices. If there are no impaired practitioner committees in the	893
county, the treatment provider shall report the practitioner's	894
identity to the president or other designated member of the county	895
medical society, osteopathic academy, or podiatric medical	896
association.	897

(I) Report to the board the identity of any practitioner who	898
suffers a relapse at any time during or following aftercare.	899

Any individual authorized to practice under this chapter who	900
enters into treatment by an approved treatment provider shall be	901
deemed to have waived any confidentiality requirements that would	902
otherwise prevent the treatment provider from making reports	903
required under this section.	904

In the absence of fraud or bad faith, no person or	905
organization that conducts an approved impaired practitioner	906
treatment program, no member of such an organization, and no	907
employee, representative, or agent of the treatment provider shall	908
be held liable in damages to any person by reason of actions taken	909
or recommendations made by the treatment provider or its	910
employees, representatives, or agents.	911

Sec. 4731.35.  (A) This chapter does not apply to or prohibit	912
in any way the administration of anesthesia by a certified	913
registered nurse anesthetist under the direction of and in the	914
immediate presence of an individual authorized by this chapter to	915
practice medicine and surgery, osteopathic medicine and surgery,	916
or podiatric medicine and surgery.	917

(B) This chapter does not prohibitdo either of the	918
following:	919

(1) Prohibit an individual from practicing as an	920
anesthesiologist assistant in accordance with Chapter 4760. of the	921
Revised Code.	922

(2) Prohibit an individual from practicing as a surgical	923
technologist in accordance with Chapter 4746. of the Revised Code.	924

Sec. 4746.01. As used in this chapter:

925

"Physician" means an individual authorized under Chapter	926
4731. of the Revised Code to practice medicine and surgery or	927
osteopathic medicine and surgery.	928

"Surgical technologist" means an individual who engages in	929
the practice of surgical technology by engaging in any of the	930
activities authorized under section 4746.08 of the Revised Code.	931

Sec. 4746.02. (A)(1) Except as otherwise provided in this	932
section, no person shall practice as a surgical technologist	933
unless the person holds a current, valid certificate to practice	934
as a surgical technologist issued under this chapter.	935

(2) No person without a current, valid certificate to	936
practice as a surgical technologist issued under this chapter	937
shall use the title "surgical technologist" or otherwise hold the	938
person out as a surgical technologist, including the use of any	939
sign, advertisement, card, letterhead, circular, or other	940
writing, document, or design, the evident purpose of which is to	941
induce others to believe the person is authorized to practice as	942
a surgical technologist.	943

(B) Division (A)(1) of this section does not apply to any of	944
the following:	945

(1) A student participating in a surgical technology	946
educational program accredited by the commission on accreditation	947
of allied health education programs or the entity recognized by	948
the state medical board as the successor of the commission;	949

(2) A person who otherwise holds professional authority	950
granted pursuant to the Revised Code to perform any of the	951
activities that a surgical technologist is authorized to perform;	952

(3) A person who practices as a surgical technologist	953
pursuant to the person's employment with the federal government.	954

(C) A person who meets any of the following requirements may	955
practice as a surgical technologist until five years after the	956
effective date of this section without a current, valid	957
certificate to practice as a surgical technologist issued under	958
this chapter:	959

(1) The person graduated before the effective date of this	960
section from an educational program for surgical technologists	961
accredited by the commission on accreditation of allied health	962
education programs.	963

(2) The person graduated from an educational program for	964
surgical technology operated by the United States army, navy, air	965
force, marine corps, or coast guard or the United States public	966
health service.	967

(3) The person was employed as a surgical technologist in a	968
health care facility located in this state for at least eighteen	969
months during the three-year period before the effective date of	970
this section.	971

(D) A person who graduates on or after the effective date of	972
this section from an educational program for surgical technology	973
accredited by the commission on accreditation of allied health	974
education programs or the entity recognized by the state medical	975
board as the successor of the commission may practice as a	976
surgical technologist for not more than three months without a	977
current, valid certificate to practice as a surgical technologist	978
issued under this chapter.	979

(E) A person who meets both of the following requirements may	980
perform the tasks specified in division (C) of section 4746.08 of	981
the Revised Code without a current, valid certificate to practice	982
as a surgical technologist issued under this chapter:	983

(1) The person is a graduate of a surgical assistant program	984
accredited by the commission of accreditation of allied health	985
education programs or the entity recognized by the state medical	986
board as the successor of the commission of accreditation of	987
allied health education programs.	988

(2) The person is certified as a first assistant by the	989
national board of surgical technology and surgical assisting or	990
the entity recognized by the state medical board as the successor	991
of the national board of surgical technology and surgical	992
assisting.	993

Sec. 4746.03. (A) An individual seeking a certificate to	994
practice as a surgical technologist shall file with the state	995
medical board a written application on a form prescribed and	996
supplied by the board. The application shall include all the	997
information the board considers necessary to process the	998
application, including evidence satisfactory to the board that the	999
applicant meets the requirements specified in division (B) of this	1000
section.	1001

At the time an application is submitted, the applicant shall	1002
pay the board the application fee specified by the board in rules	1003
adopted under section 4746.11 of the Revised Code. No part of the	1004
fee shall be returned.	1005

(B) To be eligible to receive a certificate to practice as a	1006
surgical technologist, an applicant shall meet both of the	1007
following requirements:	1008

(1) Be at least eighteen years of age and of good moral	1009
character;	1010

(2) Hold current certification as a surgical technologist	1011
from the national board of surgical technology and surgical	1012
assisting or the entity recognized by the state medical board as	1013
the successor of the national board of surgical technology and	1014
surgical assisting.	1015

(C) The board shall review all applications received under	1016
this section. Not later than sixty days after receiving a	1017
complete application, the board shall determine whether an	1018
applicant meets the requirements to receive a certificate to	1019
practice as a surgical technologist. The affirmative vote of not	1020
fewer than six members of the board is required to determine that	1021
an applicant meets the requirements for a certificate to practice	1022
as a surgical technologist.	1023

Sec. 4746.031. In addition to any other eligibility	1024
requirement set forth in this chapter, each applicant for a	1025
certificate to practice as a surgical technologist shall comply	1026
with sections 4776.01 to 4776.04 of the Revised Code. The state	1027
medical board shall not grant to an applicant a certificate to	1028
practice as a surgical technologist unless the board, in its	1029
discretion, decides that the results of the criminal records	1030
check do not make the applicant ineligible for a certificate	1031
issued pursuant to section 4746.04 of the Revised Code.	1032

Sec. 4746.04. If the state medical board determines under	1033
section 4746.03 of the Revised Code that an applicant meets the	1034
requirements for a certificate to practice as a surgical	1035
technologist, the secretary of the board shall register the	1036
applicant as a surgical technologist and issue to the applicant a	1037
certificate to practice as a surgical technologist. The	1038
certificate shall expire biennially and may be renewed in	1039
accordance with section 4746.06 of the Revised Code.	1040

Sec. 4746.05. On application by the holder of a certificate	1041
to practice as a surgical technologist, the state medical board	1042
shall issue a duplicate certificate to replace one that is	1043
missing or damaged, to reflect a name change, or for any other	1044
reasonable cause. The fee for a duplicate certificate is	1045
thirty-five dollars.	1046

Sec. 4746.06. (A) A person seeking to renew a certificate to	1047
practice as a surgical technologist shall, on or before the	1048
thirty-first day of January of each even-numbered year, apply for	1049
renewal of the certificate. The state medical board shall send	1050
renewal notices at least one month prior to the expiration date.	1051

Renewal applications shall be submitted to the board in a	1052
manner prescribed by the board. Each application shall be	1053
accompanied by a biennial renewal fee specified by the board in	1054
rules adopted under section 4746.11 of the Revised Code.	1055

The applicant shall report any criminal offense that	1056
constitutes grounds for refusing to issue a certificate under	1057
section 4746.13 of the Revised Code to which the applicant has	1058
pleaded guilty, of which the applicant has been found guilty, or	1059
for which the applicant has been found eligible for intervention	1060
in lieu of conviction, since last signing an application for a	1061
certificate to practice as a surgical technologist.	1062

(B) To be eligible for renewal, a surgical technologist shall	1063
certify both of the following to the board:	1064

(1) That the surgical technologist, during the period the	1065
surgical technologists' current certificate to practice was in	1066
effect, completed not less than the following number of hours of	1067
continuing education units approved by the association of surgical	1068
technologists or the entity recognized by the board as the	1069
successor to the association of surgical technologists;	1070

(a) Unless the surgical technologist's current certificate to	1071
practice was in effect for less than two years because it was	1072
issued after the beginning of the biennial period for which it was	1073
issued, thirty;	1074

(b) If the surgical technologist's current certificate to	1075
practice was in effect for less than two years because it was	1076
issued after the beginning of the biennial period for which it was	1077
issued, a prorated number of hours as the board determines.	1078

(2) That the surgical technologist has maintained	1079
certification from the national board of surgical technology and	1080
surgical assisting or the entity recognized by the state medical	1081
board as the successor of the national board of surgical	1082
technology and surgical assisting.	1083

(C) If an applicant submits a complete renewal application	1084
and qualifies for renewal pursuant to division (B) of this	1085
section, the board shall issue to the applicant a renewed	1086
certificate to practice as a surgical technologist.	1087

(D) A certificate to practice that is not renewed on or	1088
before its expiration date is automatically suspended on its	1089
expiration date. If a certificate has been suspended pursuant to	1090
this division for two years or less, the board shall reinstate	1091
the certificate upon an applicant's submission of a renewal	1092
application, the biennial renewal fee, and the applicable	1093
monetary penalty. The penalty for reinstatement is twenty-five	1094
dollars. If a certificate has been suspended pursuant to this	1095
division for more than two years, it may be restored upon an	1096
applicant's submission of a restoration application, the biennial	1097
renewal fee, and the applicable monetary penalty and compliance	1098
with sections 4776.01 to 4776.04 of the Revised Code. The board	1099
shall not restore a certificate unless the board, in its	1100
discretion, decides that the results of the criminal records	1101
check do not make the applicant ineligible for a certificate	1102
issued pursuant to section 4746.04 of the Revised Code. The	1103
penalty for restoration is fifty dollars.	1104

Sec. 4746.08. A person holding a current, valid certificate	1105
to practice as a surgical technologist issued under this chapter,	1106
acting at the express instruction of an operating physician or in	1107
anticipation of the operating physician's need, may do the	1108
following as part of intraoperative surgical patient care:	1109

(A) Prepare the operating room, including the sterile field,	1110
for surgical procedures by doing both of the following:	1111

(1) Insuring that surgical equipment is functioning properly	1112
and safely;	1113

(2) Sterilizing supplies, equipment, and instruments by using	1114
sterile technique.	1115

(B) Under the supervision of an operating physician, perform	1116
the following tasks within the sterile field:	1117

(1) Pass and retrieve supplies, equipment, and instruments as	1118
appropriate;	1119

(2) Sponge, suction, or both the operative site of the	1120
patient;	1121

(3) Prepare and cut suture materials;

1122

(4) Transfer and irrigate with fluids;

1123

(5) Transfer, but not administer, drugs;

1124

(6) Hold retractors;

1125

(7) Assist in counting sponges, needles, and other supplies	1126
and instruments;	1127

(8) Handle specimens;

1128

(9) Perform other related or similar tasks as the operating	1129
physician directs.	1130

(C) If the surgical technologist is certified as a first	1131
assistant by the national board of surgical technology and	1132
surgical assisting or the entity recognized by the state medical	1133
board as the successor of the national board of surgical	1134
technology and surgical assisting, perform the following tasks	1135
under the supervision of an operating physician:	1136

(1) Assist the operating physician with exposure and	1137
hemostasis;	1138

(2) Position a patient;

1139

(3) Close wounds in skin, subcutaneous, and fascial tissues	1140
by suture or other means specified by the state medical board in	1141
rules adopted under section 4746.11 of the Revised Code;	1142

(4) Apply dressings to wounds;

1143

(5) Other tasks specified by the state medical board in rules	1144
adopted under section 4746.11 of the Revised Code.	1145

Sec. 4746.09. At all times when an individual who is a	1146
surgical technologist is providing direct patient care, the	1147
individual shall display in an appropriate manner the title	1148
"surgical technologist" as a means of identifying the individual's	1149
authority to practice under this chapter.	1150

In the case of an individual who is a student participating	1151
in a surgical technology educational program accredited by the	1152
commission on accreditation of allied health education programs or	1153
the entity recognized by the state medical board as the successor	1154
of the commission, when the individual is providing direct patient	1155
care or is otherwise involved with direct patient care under the	1156
program, the individual shall display in an appropriate manner the	1157
title "student surgical technologist" or another appropriate	1158
designation as a means of identifying the individual as a student	1159
participating in the program.	1160

Sec. 4746.11. (A) The state medical board shall adopt rules	1161
in accordance with Chapter 119. of the Revised Code to implement	1162
and administer this chapter.	1163

(B) The rules adopted under this section shall include all of	1164
the following:	1165

(1) Standards and procedures for issuing and renewing	1166
certificates to practice as a surgical technologist;	1167

(2) Application fees for an initial or renewed certificate to	1168
practice;	1169

(3) For the purpose of section 4746.08 of the Revised Code,	1170
both of the following:	1171

(a) Additional means by which a surgical technologist who is	1172
certified as a first assistant may close wounds in skin,	1173
subcutaneous, and fascial tissues;	1174

(b) Other tasks such a surgical technologist may perform.

1175

(4) Any other standards and procedures the board considers	1176
necessary to govern the practice of surgical technology, the	1177
supervisory relationship between surgical technologists and	1178
supervising operating physicians, and the administration and	1179
enforcement of this chapter.	1180

Sec. 4746.13. (A) The state medical board, by an affirmative	1181
vote of not fewer than six members, may revoke or may refuse to	1182
grant a certificate to practice as a surgical technologist to an	1183
individual found by the board to have committed fraud,	1184
misrepresentation, or deception in applying for or securing the	1185
certificate.	1186

(B) The board, by an affirmative vote of not fewer than six	1187
members, shall, to the extent permitted by law, limit, revoke, or	1188
suspend an individual's certificate to practice as a surgical	1189
technologist, refuse to issue a certificate to an applicant,	1190
refuse to reinstate a certificate, or reprimand or place on	1191
probation the holder of a certificate for any of the following	1192
reasons:	1193

(1) Permitting the holder's name or certificate to be used by	1194
another person;	1195

(2) Failure to comply with the requirements of this chapter,	1196
Chapter 4731. of the Revised Code, or any rules adopted by the	1197
board;	1198

(3) Violating or attempting to violate, directly or	1199
indirectly, or assisting in or abetting the violation of, or	1200
conspiring to violate, any provision of this chapter, Chapter	1201
4731. of the Revised Code, or the rules adopted by the board;	1202

(4) A departure from, or failure to conform to, minimal	1203
standards of care of similar practitioners under the same or	1204
similar circumstances whether or not actual injury to the patient	1205
is established;	1206

(5) Inability to practice according to acceptable and	1207
prevailing standards of care by reason of mental illness or	1208
physical illness, including physical deterioration that adversely	1209
affects cognitive, motor, or perceptive skills;	1210

(6) Impairment of ability to practice according to acceptable	1211
and prevailing standards of care because of habitual or excessive	1212
use or abuse of drugs, alcohol, or other substances that impair	1213
ability to practice;	1214

(7) Willfully betraying a professional confidence;

1215

(8) Making a false, fraudulent, deceptive, or misleading	1216
statement in securing or attempting to secure a certificate to	1217
practice as a surgical technologist.	1218

As used in this division, "false, fraudulent, deceptive, or	1219
misleading statement" means a statement that includes a	1220
misrepresentation of fact, is likely to mislead or deceive because	1221
of a failure to disclose material facts, is intended or is likely	1222
to create false or unjustified expectations of favorable results,	1223
or includes representations or implications that in reasonable	1224
probability will cause an ordinarily prudent person to	1225
misunderstand or be deceived.	1226

(9) The obtaining of, or attempting to obtain, money or a	1227
thing of value by fraudulent misrepresentations in the course of	1228
practice;	1229

(10) A plea of guilty to, a judicial finding of guilt of, or	1230
a judicial finding of eligibility for intervention in lieu of	1231
conviction for, a felony;	1232

(11) Commission of an act that constitutes a felony in this	1233
state, regardless of the jurisdiction in which the act was	1234
committed;	1235

(12) A plea of guilty to, a judicial finding of guilt of, or	1236
a judicial finding of eligibility for intervention in lieu of	1237
conviction for, a misdemeanor committed in the course of practice;	1238

(13) A plea of guilty to, a judicial finding of guilt of, or	1239
a judicial finding of eligibility for intervention in lieu of	1240
conviction for, a misdemeanor involving moral turpitude;	1241

(14) Commission of an act in the course of practice that	1242
constitutes a misdemeanor in this state, regardless of the	1243
jurisdiction in which the act was committed;	1244

(15) Commission of an act involving moral turpitude that	1245
constitutes a misdemeanor in this state, regardless of the	1246
jurisdiction in which the act was committed;	1247

(16) A plea of guilty to, a judicial finding of guilt of, or	1248
a judicial finding of eligibility for intervention in lieu of	1249
conviction for violating any state or federal law regulating the	1250
possession, distribution, or use of any drug, including	1251
trafficking in drugs;	1252

(17) Any of the following actions taken by the state agency	1253
responsible for regulating the practice of surgical technologists	1254
in another jurisdiction, for any reason other than the nonpayment	1255
of fees: the limitation, revocation, or suspension of an	1256
individual's license to practice; acceptance of an individual's	1257
license surrender; denial of a license; refusal to renew or	1258
reinstate a license; imposition of probation; or issuance of an	1259
order of censure or other reprimand;	1260

(18) Violation of the conditions placed by the board on a	1261
certificate to practice as a surgical technologist;	1262

(19) Failure to use universal blood and body fluid	1263
precautions established by rules adopted under section 4731.051 of	1264
the Revised Code;	1265

(20) Failure to cooperate in an investigation conducted by	1266
the board under section 4746.14 of the Revised Code, including	1267
failure to comply with a subpoena or order issued by the board or	1268
failure to answer truthfully a question presented by the board at	1269
a deposition or in written interrogatories, except that failure to	1270
cooperate with an investigation shall not constitute grounds for	1271
discipline under this section if a court of competent jurisdiction	1272
has issued an order that either quashes a subpoena or permits the	1273
individual to withhold the testimony or evidence in issue;	1274

(21) Failure to maintain certification from the national	1275
board of surgical technology and surgical assisting or the entity	1276
recognized by the state medical board as the successor of the	1277
national board of surgical technology and surgical assisting,	1278
including the revocation or suspension of the certification, or	1279
failure to notify the state medical board that the certification	1280
has not been maintained.	1281

(C) Disciplinary actions taken by the board under divisions	1282
(A) and (B) of this section shall be taken pursuant to an	1283
adjudication under Chapter 119. of the Revised Code, except that	1284
in lieu of an adjudication, the board may enter into a consent	1285
agreement with a surgical technologist or applicant to resolve an	1286
allegation of a violation of this chapter or any rule adopted	1287
under it. A consent agreement, when ratified by an affirmative	1288
vote of not fewer than six members of the board, shall constitute	1289
the findings and order of the board with respect to the matter	1290
addressed in the agreement. If the board refuses to ratify a	1291
consent agreement, the admissions and findings contained in the	1292
consent agreement shall be of no force or effect.	1293

(D) For purposes of divisions (B)(11), (14), and (15) of this	1294
section, the commission of the act may be established by a finding	1295
by the board, pursuant to an adjudication under Chapter 119. of	1296
the Revised Code, that the applicant or certificate holder	1297
committed the act in question. The board shall have no	1298
jurisdiction under these divisions in cases where the trial court	1299
renders a final judgment in the certificate holder's favor and	1300
that judgment is based upon an adjudication on the merits. The	1301
board shall have jurisdiction under these divisions in cases where	1302
the trial court issues an order of dismissal on technical or	1303
procedural grounds.	1304

(E) The sealing of conviction records by any court shall have	1305
no effect on a prior board order entered under the provisions of	1306
this section or on the board's jurisdiction to take action under	1307
the provisions of this section if, based upon a plea of guilty, a	1308
judicial finding of guilt, or a judicial finding of eligibility	1309
for intervention in lieu of conviction, the board issued a notice	1310
of opportunity for a hearing prior to the court's order to seal	1311
the records. The board shall not be required to seal, destroy,	1312
redact, or otherwise modify its records to reflect the court's	1313
sealing of conviction records.	1314

(F) For purposes of this division, any individual who holds a	1315
certificate to practice as a surgical technologist issued under	1316
this chapter, or applies for a certificate to practice, shall be	1317
deemed to have given consent to submit to a mental or physical	1318
examination when directed to do so in writing by the board and to	1319
have waived all objections to the admissibility of testimony or	1320
examination reports that constitute a privileged communication.	1321

(1) In enforcing division (B)(5) of this section, the board,	1322
on a showing of a possible violation, may compel any individual	1323
who holds a certificate to practice as a surgical technologist	1324
issued under this chapter or who has applied for a certificate to	1325
practice to submit to a mental or physical examination, or both.	1326
A physical examination may include an HIV test. The expense of	1327
the examination is the responsibility of the individual compelled	1328
to be examined. Failure to submit to a mental or physical	1329
examination or consent to an HIV test ordered by the board	1330
constitutes an admission of the allegations against the	1331
individual unless the failure is due to circumstances beyond the	1332
individual's control, and a default and final order may be entered	1333
without the taking of testimony or presentation of evidence. If	1334
the board finds a surgical technologist unable to practice because	1335
of the reasons set forth in division (B)(5) of this section, the	1336
board shall require the surgical technologist to submit to care,	1337
counseling, or treatment by physicians approved or designated by	1338
the board, as a condition for an initial, continued, reinstated,	1339
or renewed certificate to practice. An individual affected by	1340
this division shall be afforded an opportunity to demonstrate to	1341
the board the ability to resume practicing in compliance with	1342
acceptable and prevailing standards of care.	1343

(2) For purposes of division (B)(6) of this section, if the	1344
board has reason to believe that any individual who holds a	1345
certificate to practice as a surgical technologist issued under	1346
this chapter or any applicant for a certificate to practice	1347
suffers such impairment, the board may compel the individual to	1348
submit to a mental or physical examination, or both. The expense	1349
of the examination is the responsibility of the individual	1350
compelled to be examined. Any mental or physical examination	1351
required under this division shall be undertaken by a treatment	1352
provider or physician qualified to conduct such examination and	1353
chosen by the board.	1354

Failure to submit to a mental or physical examination ordered	1355
by the board constitutes an admission of the allegations against	1356
the individual unless the failure is due to circumstances beyond	1357
the individual's control, and a default and final order may be	1358
entered without the taking of testimony or presentation of	1359
evidence. If the board determines that the individual's ability to	1360
practice is impaired, the board shall suspend the individual's	1361
certificate or deny the individual's application and shall require	1362
the individual, as a condition for an initial, continued,	1363
reinstated, or renewed certificate to practice, to submit to	1364
treatment.	1365

Before being eligible to apply for reinstatement of a	1366
certificate suspended under this division, the surgical	1367
technologist shall demonstrate to the board the ability to resume	1368
practice in compliance with acceptable and prevailing standards of	1369
care. The demonstration shall include the following:	1370

(a) Certification from a treatment provider approved under	1371
section 4731.25 of the Revised Code that the individual has	1372
successfully completed any required inpatient treatment;	1373

(b) Evidence of continuing full compliance with an aftercare	1374
contract or consent agreement;	1375

(c) Two written reports indicating that the individual's	1376
ability to practice has been assessed and that the individual has	1377
been found capable of practicing according to acceptable and	1378
prevailing standards of care. The reports shall be made by	1379
individuals or providers approved by the board for making such	1380
assessments and shall describe the basis for their determination.	1381

The board may reinstate a certificate suspended under this	1382
division after such demonstration and after the individual has	1383
entered into a written consent agreement.	1384

When the impaired surgical technologist resumes practice, the	1385
board shall require continued monitoring of the surgical	1386
technologist. The monitoring shall include monitoring of	1387
compliance with the written consent agreement entered into before	1388
reinstatement or with conditions imposed by board order after a	1389
hearing, and, on termination of the consent agreement, submission	1390
to the board for at least two years of annual written progress	1391
reports made under penalty of falsification stating whether the	1392
surgical technologist has maintained sobriety.	1393

(G) If the secretary and supervising member determine that	1394
there is clear and convincing evidence that a surgical	1395
technologist has violated division (B) of this section and that	1396
the individual's continued practice presents a danger of	1397
immediate and serious harm to the public, they may recommend that	1398
the board suspend the individual's certificate to practice	1399
without a prior hearing. Written allegations shall be prepared	1400
for consideration by the board.	1401

The board, on review of the allegations and by an affirmative	1402
vote of not fewer than six of its members, excluding the secretary	1403
and supervising member, may suspend a certificate without a prior	1404
hearing. A telephone conference call may be utilized for reviewing	1405
the allegations and taking the vote on the summary suspension.	1406

The board shall issue a written order of suspension by	1407
certified mail or in person in accordance with section 119.07 of	1408
the Revised Code. The order shall not be subject to suspension by	1409
the court during pendency of any appeal filed under section 119.12	1410
of the Revised Code. If the surgical technologist requests an	1411
adjudicatory hearing by the board, the date set for the hearing	1412
shall be within fifteen days, but not earlier than seven days,	1413
after the surgical technologist requests the hearing, unless	1414
otherwise agreed to by both the board and the certificate holder.	1415

A summary suspension imposed under this division shall remain	1416
in effect, unless reversed on appeal, until a final adjudicative	1417
order issued by the board pursuant to this section and Chapter	1418
119. of the Revised Code becomes effective. The board shall issue	1419
its final adjudicative order within sixty days after completion of	1420
its hearing. Failure to issue the order within sixty days shall	1421
result in dissolution of the summary suspension order, but shall	1422
not invalidate any subsequent, final adjudicative order.	1423

(H) If the board takes action under division (B)(10), (12),	1424
(13), or (16) of this section, and the judicial finding of guilt,	1425
guilty plea, or judicial finding of eligibility for intervention	1426
in lieu of conviction is overturned on appeal, on exhaustion of	1427
the criminal appeal, a petition for reconsideration of the order	1428
may be filed with the board along with appropriate court	1429
documents. On receipt of a petition and supporting court	1430
documents, the board shall reinstate the certificate to practice	1431
as a surgical technologist. The board may then hold an	1432
adjudication under Chapter 119. of the Revised Code to determine	1433
whether the individual committed the act in question. Notice of	1434
opportunity for hearing shall be given in accordance with	1435
Chapter 119. of the Revised Code. If the board finds, pursuant	1436
to an adjudication held under this division, that the individual	1437
committed the act, or if no hearing is requested, it may order	1438
any of the sanctions specified in division (B) of this section.	1439

(I) The certificate to practice of a surgical technologist	1440
and the surgical technologist's practice in this state are	1441
automatically suspended as of the date the surgical technologist	1442
pleads guilty to, is found by a judge or jury to be guilty of, or	1443
is subject to a judicial finding of eligibility for intervention	1444
in lieu of conviction in this state or treatment of intervention	1445
in lieu of conviction in another jurisdiction for any of the	1446
following criminal offenses in this state or a substantially	1447
equivalent criminal offense in another jurisdiction: aggravated	1448
murder, murder, voluntary manslaughter, felonious assault,	1449
kidnapping, rape, sexual battery, gross sexual imposition,	1450
aggravated arson, aggravated robbery, or aggravated burglary.	1451
Continued practice after the suspension shall be considered	1452
practicing without a certificate.	1453

The board shall notify the individual subject to the	1454
suspension by certified mail or in person in accordance with	1455
section 119.07 of the Revised Code. If an individual whose	1456
certificate is suspended under this division fails to make a	1457
timely request for an adjudication under Chapter 119. of the	1458
Revised Code, the board shall enter a final order permanently	1459
revoking the individual's certificate to practice.	1460

(J) In any instance in which the board is required by Chapter	1461
119. of the Revised Code to give notice of opportunity for hearing	1462
and the individual subject to the notice does not timely request a	1463
hearing in accordance with section 119.07 of the Revised Code, the	1464
board is not required to hold a hearing, but may adopt, by an	1465
affirmative vote of not fewer than six of its members, a final	1466
order that contains the board's findings. In the final order, the	1467
board may order any of the sanctions identified under division (A)	1468
or (B) of this section.	1469

(K) Any action taken by the board under division (B) of this	1470
section resulting in a suspension shall be accompanied by a	1471
written statement of the conditions under which the surgical	1472
technologist's certificate may be reinstated. The board shall	1473
adopt rules in accordance with Chapter 119. of the Revised Code	1474
governing conditions to be imposed for reinstatement.	1475
Reinstatement of a certificate suspended pursuant to division (B)	1476
of this section requires an affirmative vote of not fewer than six	1477
members of the board.	1478

(L) When the board refuses to grant a certificate to practice	1479
as a surgical technologist to an applicant, revokes an	1480
individual's certificate, refuses to renew a certificate, or	1481
refuses to reinstate an individual's certificate, the board may	1482
specify that its action is permanent. An individual subject to a	1483
permanent action taken by the board is forever thereafter	1484
ineligible to hold a certificate to practice as a surgical	1485
technologist and the board shall not accept an application for	1486
reinstatement of the certificate or for issuance of a new	1487
certificate.	1488

(M) Notwithstanding any other provision of the Revised Code,	1489
all of the following apply:	1490

(1) The surrender of a certificate to practice as a surgical	1491
technologist issued under this chapter is not effective unless	1492
or until accepted by the board. Reinstatement of a certificate	1493
surrendered to the board requires an affirmative vote of not	1494
fewer than six members of the board.	1495

(2) An application made under this chapter for a certificate	1496
to practice may not be withdrawn without approval of the board.	1497

(3) Failure by an individual to renew a certificate to	1498
practice in accordance with section 4746.06 of the Revised Code	1499
shall not remove or limit the board's jurisdiction to take	1500
disciplinary action under this section against the individual.	1501

Sec. 4746.131. On receipt of a notice pursuant to section	1502
3123.43 of the Revised Code, the state medical board shall comply	1503
with sections 3123.41 to 3123.50 of the Revised Code and any	1504
applicable rules adopted under section 3123.63 of the Revised Code	1505
with respect to a certificate to practice as a surgical	1506
technologist issued under this chapter.	1507

Sec. 4746.132. If the state medical board has reason to	1508
believe that any person who has been granted a certificate to	1509
practice as a surgical technologist under this chapter is	1510
mentally ill or mentally incompetent, it may file in the probate	1511
court of the county in which the person has a legal residence an	1512
affidavit in the form prescribed in section 5122.11 of the Revised	1513
Code and signed by the board secretary or a member of the board	1514
secretary's staff, whereupon the same proceedings shall be had as	1515
provided in Chapter 5122. of the Revised Code. The attorney	1516
general may represent the board in any proceeding commenced under	1517
this section.	1518

If any person who has been granted a certificate to practice	1519
is adjudged by a probate court to be mentally ill or mentally	1520
incompetent, the person's certificate shall be automatically	1521
suspended until the person has filed with the state medical board	1522
a certified copy of an adjudication by a probate court of the	1523
person's subsequent restoration to competency or has submitted to	1524
the board proof, satisfactory to the board, that the person has	1525
been discharged as having a restoration to competency in the	1526
manner and form provided in section 5122.38 of the Revised Code.	1527
The judge of the probate court shall forthwith notify the state	1528
medical board of an adjudication of mental illness or mental	1529
incompetence, and shall note any suspension of a certificate in	1530
the margin of the court's record of such certificate.	1531

Sec. 4746.14. (A) The state medical board shall investigate	1532
evidence that appears to show that any person has violated this	1533
chapter or the rules adopted under it. Any person may report to	1534
the board in a signed writing any information the person has that	1535
appears to show a violation of any provision of this chapter or	1536
the rules adopted under it. In the absence of bad faith, a person	1537
who reports such information or testifies before the board in an	1538
adjudication conducted under Chapter 119. of the Revised Code	1539
shall not be liable for civil damages as a result of reporting the	1540
information or providing testimony. Each complaint or allegation	1541
of a violation received by the board shall be assigned a case	1542
number and be recorded by the board.	1543

(B) Investigations of alleged violations of this chapter or	1544
rules adopted under it shall be supervised by the supervising	1545
member elected by the board in accordance with section 4731.02 of	1546
the Revised Code and by the secretary as provided in section	1547
4746.17 of the Revised Code. The board's president may designate	1548
another member of the board to supervise the investigation in	1549
place of the supervising member. A member of the board who	1550
supervises the investigation of a case shall not participate in	1551
further adjudication of the case.	1552

(C) In investigating a possible violation of this chapter or	1553
the rules adopted under it, the board may administer oaths, order	1554
the taking of depositions, issue subpoenas, and compel the	1555
attendance of witnesses and production of books, accounts, papers,	1556
records, documents, and testimony, except that a subpoena for	1557
patient record information shall not be issued without	1558
consultation with the attorney general's office and approval of	1559
the secretary and supervising member of the board. Before issuance	1560
of a subpoena for patient record information, the secretary and	1561
supervising member shall determine whether there is probable cause	1562
to believe that the complaint filed alleges a violation of this	1563
chapter or the rules adopted under it and that the records sought	1564
are relevant to the alleged violation and material to the	1565
investigation. The subpoena may apply only to records that cover a	1566
reasonable period of time surrounding the alleged violation.	1567

On failure to comply with any subpoena issued by the board	1568
and after reasonable notice to the person being subpoenaed, the	1569
board may move for an order compelling the production of persons	1570
or records pursuant to the Rules of Civil Procedure.	1571

A subpoena issued by the board may be served by a sheriff,	1572
the sheriff's deputy, or a board employee designated by the board.	1573
Service of a subpoena issued by the board may be made by	1574
delivering a copy of the subpoena to the person named therein,	1575
reading it to the person, or leaving it at the person's usual	1576
place of residence. When the person being served is a surgical	1577
technologist, service of the subpoena may be made by certified	1578
mail, restricted delivery, return receipt requested, and the	1579
subpoena shall be deemed served on the date delivery is made or	1580
the date the person refuses to accept delivery.	1581

A sheriff's deputy who serves a subpoena shall receive the	1582
same fees as a sheriff. Each witness who appears before the board	1583
in obedience to a subpoena shall receive the fees and mileage	1584
provided for witnesses in civil cases in the courts of common	1585
pleas.	1586

(D) All hearings and investigations of the board shall be	1587
considered civil actions for the purposes of section 2305.252 of	1588
the Revised Code.	1589

(E) Information received by the board pursuant to an	1590
investigation is confidential and not subject to discovery in any	1591
civil action.	1592

The board shall conduct all investigations and proceedings in	1593
a manner that protects the confidentiality of patients and persons	1594
who file complaints with the board. The board shall not make	1595
public the names or any other identifying information about	1596
patients or complainants unless proper consent is given.	1597

The board may share any information it receives pursuant to	1598
an investigation, including patient records and patient record	1599
information, with law enforcement agencies, other licensing	1600
boards, and other governmental agencies that are prosecuting,	1601
adjudicating, or investigating alleged violations of statutes or	1602
administrative rules. An agency or board that receives the	1603
information shall comply with the same requirements regarding	1604
confidentiality as those with which the state medical board must	1605
comply, notwithstanding any conflicting provision of the Revised	1606
Code or procedure of the agency or board that applies when it is	1607
dealing with other information in its possession. In a judicial	1608
proceeding, the information may be admitted into evidence only in	1609
accordance with the Rules of Evidence, but the court shall require	1610
that appropriate measures are taken to ensure that confidentiality	1611
is maintained with respect to any part of the information that	1612
contains names or other identifying information about patients or	1613
complainants whose confidentiality was protected by the state	1614
medical board when the information was in the board's possession.	1615
Measures to ensure confidentiality that may be taken by the court	1616
include sealing its records or deleting specific information from	1617
its records.	1618

(F) The state medical board shall develop requirements for	1619
and provide appropriate initial training and continuing education	1620
for investigators employed by the board to carry out its duties	1621
under this chapter. The training and continuing education may	1622
include enrollment in courses operated or approved by the Ohio	1623
peace officer training council that the board considers	1624
appropriate under conditions set forth in section 109.79 of the	1625
Revised Code.	1626

(G) On a quarterly basis, the board shall prepare a report	1627
that documents the disposition of all cases during the preceding	1628
three months. The report shall contain the following information	1629
for each case with which the board has completed its activities:	1630

(1) The case number assigned to the complaint or alleged	1631
violation;	1632

(2) The type of certificate, if any, held by the individual	1633
against whom the complaint is directed;	1634

(3) A description of the allegations contained in the	1635
complaint;	1636

(4) The disposition of the case.

1637

The report shall state how many cases are still pending, and	1638
shall be prepared in a manner that protects the identity of each	1639
person involved in each case. The report is a public record for	1640
purposes of section 149.43 of the Revised Code.	1641

Sec. 4746.15. (A) As used in this section, "prosecutor" has	1642
the same meaning as in section 2935.01 of the Revised Code.	1643

(B) Whenever any person holding a valid certificate to	1644
practice as a surgical technologist issued under this chapter	1645
pleads guilty to, is subject to a judicial finding of guilt of,	1646
or is subject to a judicial finding of eligibility for	1647
intervention in lieu of conviction for a violation of Chapter	1648
2907., 2925., or 3719. of the Revised Code or of any	1649
substantively comparable ordinance of a municipal corporation in	1650
connection with the person's practice, the prosecutor in the	1651
case, on forms prescribed and provided by the state medical	1652
board, shall promptly notify the board of the conviction. Within	1653
thirty days of receipt of that information, the board shall	1654
initiate action in accordance with Chapter 119. of the Revised	1655
Code to determine whether to suspend or revoke the certificate	1656
under section 4746.13 of the Revised Code.	1657

(C) The prosecutor in any case against any person holding a	1658
valid certificate to practice issued under this chapter, on forms	1659
prescribed and provided by the state medical board, shall notify	1660
the board of any of the following:	1661

(1) A plea of guilty to, a finding of guilt by a jury or	1662
court of, or judicial finding of eligibility for intervention in	1663
lieu of conviction for a felony, or a case in which the trial	1664
court issues an order of dismissal upon technical or procedural	1665
grounds of a felony charge;	1666

(2) A plea of guilty to, a finding of guilt by a jury or	1667
court of, or judicial finding of eligibility for intervention in	1668
lieu of conviction for a misdemeanor committed in the course of	1669
practice, or a case in which the trial court issues an order of	1670
dismissal upon technical or procedural grounds of a charge of a	1671
misdemeanor, if the alleged act was committed in the course of	1672
practice;	1673

(3) A plea of guilty to, a finding of guilt by a jury or	1674
court of, or judicial finding of eligibility for intervention in	1675
lieu of conviction for a misdemeanor involving moral turpitude, or	1676
a case in which the trial court issues an order of dismissal upon	1677
technical or procedural grounds of a charge of a misdemeanor	1678
involving moral turpitude.	1679

The report shall include the name and address of the	1680
certificate holder, the nature of the offense for which the action	1681
was taken, and the certified court documents recording the action.	1682

Sec. 4746.16. (A) Within sixty days after the imposition of	1683
any formal disciplinary action taken by any health care facility,	1684
including a hospital, health care facility operated by a health	1685
insuring corporation, ambulatory surgical facility, or similar	1686
facility, against any individual holding a valid certificate to	1687
practice as a surgical technologist, the chief administrator or	1688
executive officer of the facility shall report to the state	1689
medical board the name of the individual, the action taken by the	1690
facility, and a summary of the underlying facts leading to the	1691
action taken. On request, the board shall be provided certified	1692
copies of the patient records that were the basis for the	1693
facility's action. Prior to release to the board, the summary	1694
shall be approved by the peer review committee that reviewed the	1695
case or by the governing board of the facility.	1696

The filing of a report with the board or decision not to file	1697
a report, investigation by the board, or any disciplinary action	1698
taken by the board, does not preclude a health care facility from	1699
taking disciplinary action against a surgical technologist.	1700

In the absence of fraud or bad faith, no individual or entity	1701
that provides patient records to the board shall be liable in	1702
damages to any person as a result of providing the records.	1703

(B) A surgical technologist, professional association or	1704
society of surgical technologists, physician, or professional	1705
association or society of physicians that believes a violation of	1706
any provision of this chapter, Chapter 4731. of the Revised Code,	1707
or rule of the board has occurred shall report to the board the	1708
information on which the belief is based. This division does not	1709
require any treatment provider approved by the board under section	1710
4731.25 of the Revised Code or any employee, agent, or	1711
representative of such a provider to make reports with respect to	1712
a surgical technologist participating in treatment or aftercare	1713
for substance abuse as long as the surgical technologist maintains	1714
participation in accordance with the requirements of section	1715
4731.25 of the Revised Code and the treatment provider or	1716
employee, agent, or representative of the provider has no reason	1717
to believe that the surgical technologist has violated any	1718
provision of this chapter or rule adopted under it, other than	1719
being impaired by alcohol, drugs, or other substances. This	1720
division does not require reporting by any member of an impaired	1721
practitioner committee established by a health care facility or by	1722
any representative or agent of a committee or program sponsored by	1723
a professional association or society of surgical technologists to	1724
provide peer assistance to surgical technologists with substance	1725
abuse problems with respect to a surgical technologist who has	1726
been referred for examination to a treatment program approved by	1727
the board under section 4731.25 of the Revised Code if the	1728
surgical technologist cooperates with the referral for examination	1729
and with any determination that the surgical technologist should	1730
enter treatment and as long as the committee member,	1731
representative, or agent has no reason to believe that the	1732
surgical technologist has ceased to participate in the treatment	1733
program in accordance with section 4731.25 of the Revised Code or	1734
has violated any provision of this chapter or rule adopted under	1735
it, other than being impaired by alcohol, drugs, or other	1736
substances.	1737

(C) Any professional association or society composed	1738
primarily of surgical technologists that suspends or revokes an	1739
individual's membership for violations of professional ethics, or	1740
for reasons of professional incompetence or professional	1741
malpractice, within sixty days after a final decision, shall	1742
report to the board, on forms prescribed and provided by the	1743
board, the name of the individual, the action taken by the	1744
professional organization, and a summary of the underlying facts	1745
leading to the action taken.	1746

The filing of a report with the board or decision not to file	1747
a report, investigation by the board, or any disciplinary action	1748
taken by the board, does not preclude a professional organization	1749
from taking disciplinary action against a surgical technologist.	1750

(D) Any insurer providing professional liability insurance to	1751
any person holding a valid certificate to practice as a surgical	1752
technologist or any other entity that seeks to indemnify the	1753
professional liability of a surgical technologist shall notify	1754
the board within thirty days after the final disposition of any	1755
written claim for damages where such disposition results in a	1756
payment exceeding twenty-five thousand dollars. The notice shall	1757
contain the following information:	1758

(1) The name and address of the person submitting the	1759
notification;	1760

(2) The name and address of the insured who is the subject of	1761
the claim;	1762

(3) The name of the person filing the written claim;

1763

(4) The date of final disposition;

1764

(5) If applicable, the identity of the court in which the	1765
final disposition of the claim took place.	1766

(E) The board may investigate possible violations of this	1767
chapter or the rules adopted under it that are brought to its	1768
attention as a result of the reporting requirements of this	1769
section, except that the board shall conduct an investigation if a	1770
possible violation involves repeated malpractice. As used in this	1771
division, "repeated malpractice" means three or more claims for	1772
malpractice within the previous five-year period, each resulting	1773
in a judgment or settlement in excess of twenty-five thousand	1774
dollars in favor of the claimant, and each involving negligent	1775
conduct by the surgical technologist.	1776

(F) All summaries, reports, and records received and	1777
maintained by the board pursuant to this section shall be held in	1778
confidence and shall not be subject to discovery or introduction	1779
in evidence in any federal or state civil action involving a	1780
surgical technologist, supervising physician, or health care	1781
facility arising out of matters that are the subject of the	1782
reporting required by this section. The board may use the	1783
information obtained only as the basis for an investigation, as	1784
evidence in a disciplinary hearing against a surgical technologist	1785
or supervising operating physician, or in any subsequent trial or	1786
appeal of a board action or order.	1787

The board may disclose the summaries and reports it receives	1788
under this section only to health care facility committees within	1789
or outside this state that are involved in credentialing or	1790
recredentialing a surgical technologist or supervising operating	1791
physician or reviewing their privilege to practice within a	1792
particular facility. The board shall indicate whether or not the	1793
information has been verified. Information transmitted by the	1794
board shall be subject to the same confidentiality provisions as	1795
when maintained by the board.	1796

(G) Except for reports filed by an individual pursuant to	1797
division (B) of this section, the board shall send a copy of any	1798
reports or summaries it receives pursuant to this section to the	1799
surgical technologist. The surgical technologist shall have the	1800
right to file a statement with the board concerning the	1801
correctness or relevance of the information. The statement shall	1802
at all times accompany that part of the record in contention.	1803

(H) An individual or entity that reports to the board or	1804
refers an impaired surgical technologist to a treatment provider	1805
approved by the board under section 4731.25 of the Revised Code	1806
shall not be subject to suit for civil damages as a result of the	1807
report, referral, or provision of the information.	1808

(I) In the absence of fraud or bad faith, a professional	1809
association or society of surgical technologists that sponsors a	1810
committee or program to provide peer assistance to a surgical	1811
technologist with substance abuse problems, a representative or	1812
agent of such a committee or program, and a member of the state	1813
medical board shall not be held liable in damages to any person	1814
by reason of actions taken to refer a surgical technologist to a	1815
treatment provider approved under section 4731.25 of the Revised	1816
Code for examination or treatment.	1817

Sec. 4746.17. The secretary of the state medical board shall	1818
enforce the laws relating to the practice of surgical technology.	1819
If the secretary has knowledge or notice of a violation of this	1820
chapter or the rules adopted under it, the secretary shall	1821
investigate the matter, and, upon probable cause appearing, file	1822
a complaint and prosecute the offender. When requested by the	1823
secretary, the prosecuting attorney of the proper county shall	1824
take charge of and conduct the prosecution.	1825

Sec. 4746.18. The attorney general, the prosecuting attorney	1826
of any county in which the offense was committed or the offender	1827
resides, the state medical board, or any other person having	1828
knowledge of a person engaged either directly or by complicity in	1829
practicing as a surgical technologist without having first	1830
obtained under this chapter a certificate to practice as a	1831
surgical technologist, may, in accordance with provisions of the	1832
Revised Code governing injunctions, maintain an action in the	1833
name of the state to enjoin any person from engaging either	1834
directly or by complicity in unlawfully practicing as a surgical	1835
technologist by applying for an injunction in any court of	1836
competent jurisdiction.	1837

Prior to application for an injunction, the secretary of the	1838
state medical board shall notify the person allegedly engaged	1839
either directly or by complicity in the unlawful practice by	1840
registered mail that the secretary has received information	1841
indicating that this person is so engaged. The person shall answer	1842
the secretary within thirty days showing that the person is either	1843
properly licensed for the stated activity or that the person is	1844
not in violation of this chapter. If the answer is not forthcoming	1845
within thirty days after notice by the secretary, the secretary	1846
shall request that the attorney general, the prosecuting attorney	1847
of the county in which the offense was committed or the offender	1848
resides, or the state medical board proceed as authorized in this	1849
section.	1850

Upon the filing of a verified petition in court, the court	1851
shall conduct a hearing on the petition and shall give the same	1852
preference to this proceeding as is given all proceedings under	1853
Chapter 119. of the Revised Code, irrespective of the position of	1854
the proceeding on the calendar of the court.	1855

Injunction proceedings shall be in addition to, and not in	1856
lieu of, all penalties and other remedies provided in this	1857
chapter.	1858

Sec. 4746.20. The state medical board, subject to the	1859
approval of the controlling board, may establish fees in excess of	1860
the amounts specified in this chapter, except that the fees may	1861
not exceed the specified amounts by more than fifty per cent.	1862

All fees, penalties, and other funds received by the board	1863
under this chapter shall be deposited in accordance with section	1864
4731.24 of the Revised Code.	1865

Sec. 4746.21. In the absence of fraud or bad faith, the	1866
state medical board, a current or former board member, an agent of	1867
the board, a person formally requested by the board to be the	1868
board's representative, or an employee of the board shall not be	1869
held liable in damages to any person as the result of any act,	1870
omission, proceeding, conduct, or decision related to official	1871
duties undertaken or performed pursuant to this chapter. If any	1872
such person asks to be defended by the state against any claim or	1873
action arising out of any act, omission, proceeding, conduct, or	1874
decision related to the person's official duties, and if the	1875
request is made in writing at a reasonable time before trial and	1876
the person requesting defense cooperates in good faith in the	1877
defense of the claim or action, the state shall provide and pay	1878
for the person's defense and shall pay any resulting judgment,	1879
compromise, or settlement. At no time shall the state pay any part	1880
of a claim or judgment that is for punitive or exemplary damages.	1881

Sec. 4746.99. (A) Whoever violates division (A)(1) or (2) of	1882
section 4746.02 of the Revised Code is guilty of a misdemeanor of	1883
the first degree on a first offense; on each subsequent offense,	1884
the person is guilty of a felony of the fourth degree.	1885

(B) Whoever violates division (A), (B), (C), or (D) of	1886
section 4746.16 of the Revised Code is guilty of a minor	1887
misdemeanor on a first offense; on each subsequent offense the	1888
person is guilty of a misdemeanor of the fourth degree, except	1889
that an individual guilty of a subsequent offense shall not be	1890
subject to imprisonment, but to a fine alone of up to one thousand	1891
dollars for each offense.	1892

Sec. 4760.131.  On receipt of a notice pursuant to section	1893
2301.3733123.43 of the Revised Code, the state medical board	1894
shall comply with that sectionsections 3123.41 to 3123.50 of the	1895
Revised Code and any applicable rules adopted under section	1896
3123.63 of the Revised Code with respect to a certificate of	1897
registration issued pursuant to this chapter.	1898

Sec. 4762.131.  On receipt of a notice pursuant to section	1899
2301.3733123.43 of the Revised Code, the state medical board	1900
shall comply with that sectionsections 3123.41 to 3123.50 of the	1901
Revised Code and any applicable rules adopted under section	1902
3123.63 of the Revised Code with respect to a certificate of	1903
registration issued pursuant to this chapter.	1904

Section 2. That existing sections 4731.051, 4731.07, 4731.22,	1905
4731.224, 4731.24, 4731.25, 4731.35, 4760.131, and 4762.131 of the	1906
Revised Code are hereby repealed.	1907

Section 3. Not later than six months after the effective date	1908
of this act, the State Medical Board shall do both of the	1909
following:	1910

(A) Adopt all rules necessary to implement Chapter 4746. of	1911
the Revised Code, as enacted by this act;	1912

(B) Implement all procedures necessary to accept applications	1913
from individuals seeking to obtain certificates to practice as	1914
radiologist assistants, process the applications, and issue the	1915
certificates.	1916

Section 4. Sections 4746.02 and 4746.16 of the Revised Code,	1917
as enacted by this act, shall take effect one year after the	1918
effective date of this section.	1919