As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 229

Senator Gardner 

Cosponsors: Senators Mumper, Spada, Wagoner, Padgett, Coughlin, Harris, Schaffer, Miller, R., Wilson 

Representatives Wachtmann, Hagan, R., Bacon, Beatty, Budish, Combs, DeBose, Evans, Flowers, Harwood, Hughes, McGregor, J., Oelslager, Patton, Schneider, Setzer, Stewart, D., Szollosi, Ujvagi, Williams, B. 

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A BILL

To amend sections 4731.051, 4731.07, 4731.22,

1

4731.224, 4731.24, and 4731.25 and to enact

2

sections 4774.01, 4774.02, 4774.03, 4774.031,

3

4774.04 to 4774.06, 4774.08 to 4774.11, 4774.13,

4

4774.131, 4774.132, 4774.14 to 4774.18, 4774.20,

5

4774.21, and 4774.99 of the Revised Code to

6

regulate the practice of radiologist assistants.

7

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

Section 1. That sections 4731.051, 4731.07, 4731.22,	8
4731.224, 4731.24, and 4731.25 be amended and sections 4774.01,	9
4774.02, 4774.03, 4774.031, 4774.04, 4774.05, 4774.06, 4774.08,	10
4774.09, 4774.10, 4774.11, 4774.13, 4774.131, 4774.132, 4774.14,	11
4774.15, 4774.16, 4774.17, 4774.18, 4774.20, 4774.21, and 4774.99	12
of the Revised Code be enacted to read as follows:	13

Sec. 4731.051.  The state medical board shall adopt rules in	14
accordance with Chapter 119. of the Revised Code establishing	15
universal blood and body fluid precautions that shall be used by	16
each person who performs exposure prone invasive procedures and is	17
authorized to practice by this chapter or Chapter 4730., 4760., or	18
4762., or 4774. of the Revised Code. The rules shall define and	19
establish requirements for universal blood and body fluid	20
precautions that include the following:	21

(A) Appropriate use of hand washing;

22

(B) Disinfection and sterilization of equipment;

23

(C) Handling and disposal of needles and other sharp	24
instruments;	25

(D) Wearing and disposal of gloves and other protective	26
garments and devices.	27

Sec. 4731.07.  The state medical board shall keep a record of	28
its proceedings. It shall also keep a register of applicants for	29
certificates of registration and certificates to practice issued	30
under this chapter and Chapters 4730., 4760., and 4762., and 4774.	31
of the Revised Code. The register shall show the name of the	32
applicant and whether the applicant was granted or refused a	33
certificate. With respect to applicants to practice medicine and	34
surgery or osteopathic medicine and surgery, the register shall	35
show the name of the institution that granted the applicant the	36
degree of doctor of medicine or osteopathic medicine. The books	37
and records of the board shall be prima-facie evidence of matters	38
therein contained.	39

Sec. 4731.22.  (A) The state medical board, by an affirmative	40
vote of not fewer than six of its members, may revoke or may	41
refuse to grant a certificate to a person found by the board to	42
have committed fraud during the administration of the examination	43
for a certificate to practice or to have committed fraud,	44
misrepresentation, or deception in applying for or securing any	45
certificate to practice or certificate of registration issued by	46
the board.	47

(B) The board, by an affirmative vote of not fewer than six	48
members, shall, to the extent permitted by law, limit, revoke, or	49
suspend an individual's certificate to practice, refuse to	50
register an individual, refuse to reinstate a certificate, or	51
reprimand or place on probation the holder of a certificate for	52
one or more of the following reasons:	53

(1) Permitting one's name or one's certificate to practice or	54
certificate of registration to be used by a person, group, or	55
corporation when the individual concerned is not actually	56
directing the treatment given;	57

(2) Failure to maintain minimal standards applicable to the	58
selection or administration of drugs, or failure to employ	59
acceptable scientific methods in the selection of drugs or other	60
modalities for treatment of disease;	61

(3) Selling, giving away, personally furnishing, prescribing,	62
or administering drugs for other than legal and legitimate	63
therapeutic purposes or a plea of guilty to, a judicial finding of	64
guilt of, or a judicial finding of eligibility for intervention in	65
lieu of conviction of, a violation of any federal or state law	66
regulating the possession, distribution, or use of any drug;	67

(4) Willfully betraying a professional confidence.

68

For purposes of this division, "willfully betraying a	69
professional confidence" does not include providing any	70
information, documents, or reports to a child fatality review	71
board under sections 307.621 to 307.629 of the Revised Code and	72
does not include the making of a report of an employee's use of a	73
drug of abuse, or a report of a condition of an employee other	74
than one involving the use of a drug of abuse, to the employer of	75
the employee as described in division (B) of section 2305.33 of	76
the Revised Code. Nothing in this division affects the immunity	77
from civil liability conferred by that section upon a physician	78
who makes either type of report in accordance with division (B) of	79
that section. As used in this division, "employee," "employer,"	80
and "physician" have the same meanings as in section 2305.33 of	81
the Revised Code.	82

(5) Making a false, fraudulent, deceptive, or misleading	83
statement in the solicitation of or advertising for patients; in	84
relation to the practice of medicine and surgery, osteopathic	85
medicine and surgery, podiatric medicine and surgery, or a limited	86
branch of medicine; or in securing or attempting to secure any	87
certificate to practice or certificate of registration issued by	88
the board.	89

As used in this division, "false, fraudulent, deceptive, or	90
misleading statement" means a statement that includes a	91
misrepresentation of fact, is likely to mislead or deceive because	92
of a failure to disclose material facts, is intended or is likely	93
to create false or unjustified expectations of favorable results,	94
or includes representations or implications that in reasonable	95
probability will cause an ordinarily prudent person to	96
misunderstand or be deceived.	97

(6) A departure from, or the failure to conform to, minimal	98
standards of care of similar practitioners under the same or	99
similar circumstances, whether or not actual injury to a patient	100
is established;	101

(7) Representing, with the purpose of obtaining compensation	102
or other advantage as personal gain or for any other person, that	103
an incurable disease or injury, or other incurable condition, can	104
be permanently cured;	105

(8) The obtaining of, or attempting to obtain, money or	106
anything of value by fraudulent misrepresentations in the course	107
of practice;	108

(9) A plea of guilty to, a judicial finding of guilt of, or a	109
judicial finding of eligibility for intervention in lieu of	110
conviction for, a felony;	111

(10) Commission of an act that constitutes a felony in this	112
state, regardless of the jurisdiction in which the act was	113
committed;	114

(11) A plea of guilty to, a judicial finding of guilt of, or	115
a judicial finding of eligibility for intervention in lieu of	116
conviction for, a misdemeanor committed in the course of practice;	117

(12) Commission of an act in the course of practice that	118
constitutes a misdemeanor in this state, regardless of the	119
jurisdiction in which the act was committed;	120

(13) A plea of guilty to, a judicial finding of guilt of, or	121
a judicial finding of eligibility for intervention in lieu of	122
conviction for, a misdemeanor involving moral turpitude;	123

(14) Commission of an act involving moral turpitude that	124
constitutes a misdemeanor in this state, regardless of the	125
jurisdiction in which the act was committed;	126

(15) Violation of the conditions of limitation placed by the	127
board upon a certificate to practice;	128

(16) Failure to pay license renewal fees specified in this	129
chapter;	130

(17) Except as authorized in section 4731.31 of the Revised	131
Code, engaging in the division of fees for referral of patients,	132
or the receiving of a thing of value in return for a specific	133
referral of a patient to utilize a particular service or business;	134

(18) Subject to section 4731.226 of the Revised Code,	135
violation of any provision of a code of ethics of the American	136
medical association, the American osteopathic association, the	137
American podiatric medical association, or any other national	138
professional organizations that the board specifies by rule. The	139
state medical board shall obtain and keep on file current copies	140
of the codes of ethics of the various national professional	141
organizations. The individual whose certificate is being suspended	142
or revoked shall not be found to have violated any provision of a	143
code of ethics of an organization not appropriate to the	144
individual's profession.	145

For purposes of this division, a "provision of a code of	146
ethics of a national professional organization" does not include	147
any provision that would preclude the making of a report by a	148
physician of an employee's use of a drug of abuse, or of a	149
condition of an employee other than one involving the use of a	150
drug of abuse, to the employer of the employee as described in	151
division (B) of section 2305.33 of the Revised Code. Nothing in	152
this division affects the immunity from civil liability conferred	153
by that section upon a physician who makes either type of report	154
in accordance with division (B) of that section. As used in this	155
division, "employee," "employer," and "physician" have the same	156
meanings as in section 2305.33 of the Revised Code.	157

(19) Inability to practice according to acceptable and	158
prevailing standards of care by reason of mental illness or	159
physical illness, including, but not limited to, physical	160
deterioration that adversely affects cognitive, motor, or	161
perceptive skills.	162

In enforcing this division, the board, upon a showing of a	163
possible violation, may compel any individual authorized to	164
practice by this chapter or who has submitted an application	165
pursuant to this chapter to submit to a mental examination,	166
physical examination, including an HIV test, or both a mental and	167
a physical examination. The expense of the examination is the	168
responsibility of the individual compelled to be examined. Failure	169
to submit to a mental or physical examination or consent to an HIV	170
test ordered by the board constitutes an admission of the	171
allegations against the individual unless the failure is due to	172
circumstances beyond the individual's control, and a default and	173
final order may be entered without the taking of testimony or	174
presentation of evidence. If the board finds an individual unable	175
to practice because of the reasons set forth in this division, the	176
board shall require the individual to submit to care, counseling,	177
or treatment by physicians approved or designated by the board, as	178
a condition for initial, continued, reinstated, or renewed	179
authority to practice. An individual affected under this division	180
shall be afforded an opportunity to demonstrate to the board the	181
ability to resume practice in compliance with acceptable and	182
prevailing standards under the provisions of the individual's	183
certificate. For the purpose of this division, any individual who	184
applies for or receives a certificate to practice under this	185
chapter accepts the privilege of practicing in this state and, by	186
so doing, shall be deemed to have given consent to submit to a	187
mental or physical examination when directed to do so in writing	188
by the board, and to have waived all objections to the	189
admissibility of testimony or examination reports that constitute	190
a privileged communication.	191

(20) Except when civil penalties are imposed under section	192
4731.225 or 4731.281 of the Revised Code, and subject to section	193
4731.226 of the Revised Code, violating or attempting to violate,	194
directly or indirectly, or assisting in or abetting the violation	195
of, or conspiring to violate, any provisions of this chapter or	196
any rule promulgated by the board.	197

This division does not apply to a violation or attempted	198
violation of, assisting in or abetting the violation of, or a	199
conspiracy to violate, any provision of this chapter or any rule	200
adopted by the board that would preclude the making of a report by	201
a physician of an employee's use of a drug of abuse, or of a	202
condition of an employee other than one involving the use of a	203
drug of abuse, to the employer of the employee as described in	204
division (B) of section 2305.33 of the Revised Code. Nothing in	205
this division affects the immunity from civil liability conferred	206
by that section upon a physician who makes either type of report	207
in accordance with division (B) of that section. As used in this	208
division, "employee," "employer," and "physician" have the same	209
meanings as in section 2305.33 of the Revised Code.	210

(21) The violation of section 3701.79 of the Revised Code or	211
of any abortion rule adopted by the public health council pursuant	212
to section 3701.341 of the Revised Code;	213

(22) Any of the following actions taken by the agency	214
responsible for regulating the practice of medicine and surgery,	215
osteopathic medicine and surgery, podiatric medicine and surgery,	216
or the limited branches of medicine in another jurisdiction, for	217
any reason other than the nonpayment of fees: the limitation,	218
revocation, or suspension of an individual's license to practice;	219
acceptance of an individual's license surrender; denial of a	220
license; refusal to renew or reinstate a license; imposition of	221
probation; or issuance of an order of censure or other reprimand;	222

(23) The violation of section 2919.12 of the Revised Code or	223
the performance or inducement of an abortion upon a pregnant woman	224
with actual knowledge that the conditions specified in division	225
(B) of section 2317.56 of the Revised Code have not been satisfied	226
or with a heedless indifference as to whether those conditions	227
have been satisfied, unless an affirmative defense as specified in	228
division (H)(2) of that section would apply in a civil action	229
authorized by division (H)(1) of that section;	230

(24) The revocation, suspension, restriction, reduction, or	231
termination of clinical privileges by the United States department	232
of defense or department of veterans affairs or the termination or	233
suspension of a certificate of registration to prescribe drugs by	234
the drug enforcement administration of the United States	235
department of justice;	236

(25) Termination or suspension from participation in the	237
medicare or medicaid programs by the department of health and	238
human services or other responsible agency for any act or acts	239
that also would constitute a violation of division (B)(2), (3),	240
(6), (8), or (19) of this section;	241

(26) Impairment of ability to practice according to	242
acceptable and prevailing standards of care because of habitual or	243
excessive use or abuse of drugs, alcohol, or other substances that	244
impair ability to practice.	245

For the purposes of this division, any individual authorized	246
to practice by this chapter accepts the privilege of practicing in	247
this state subject to supervision by the board. By filing an	248
application for or holding a certificate to practice under this	249
chapter, an individual shall be deemed to have given consent to	250
submit to a mental or physical examination when ordered to do so	251
by the board in writing, and to have waived all objections to the	252
admissibility of testimony or examination reports that constitute	253
privileged communications.	254

If it has reason to believe that any individual authorized to	255
practice by this chapter or any applicant for certification to	256
practice suffers such impairment, the board may compel the	257
individual to submit to a mental or physical examination, or both.	258
The expense of the examination is the responsibility of the	259
individual compelled to be examined. Any mental or physical	260
examination required under this division shall be undertaken by a	261
treatment provider or physician who is qualified to conduct the	262
examination and who is chosen by the board.	263

Failure to submit to a mental or physical examination ordered	264
by the board constitutes an admission of the allegations against	265
the individual unless the failure is due to circumstances beyond	266
the individual's control, and a default and final order may be	267
entered without the taking of testimony or presentation of	268
evidence. If the board determines that the individual's ability to	269
practice is impaired, the board shall suspend the individual's	270
certificate or deny the individual's application and shall require	271
the individual, as a condition for initial, continued, reinstated,	272
or renewed certification to practice, to submit to treatment.	273

Before being eligible to apply for reinstatement of a	274
certificate suspended under this division, the impaired	275
practitioner shall demonstrate to the board the ability to resume	276
practice in compliance with acceptable and prevailing standards of	277
care under the provisions of the practitioner's certificate. The	278
demonstration shall include, but shall not be limited to, the	279
following:	280

(a) Certification from a treatment provider approved under	281
section 4731.25 of the Revised Code that the individual has	282
successfully completed any required inpatient treatment;	283

(b) Evidence of continuing full compliance with an aftercare	284
contract or consent agreement;	285

(c) Two written reports indicating that the individual's	286
ability to practice has been assessed and that the individual has	287
been found capable of practicing according to acceptable and	288
prevailing standards of care. The reports shall be made by	289
individuals or providers approved by the board for making the	290
assessments and shall describe the basis for their determination.	291

The board may reinstate a certificate suspended under this	292
division after that demonstration and after the individual has	293
entered into a written consent agreement.	294

When the impaired practitioner resumes practice, the board	295
shall require continued monitoring of the individual. The	296
monitoring shall include, but not be limited to, compliance with	297
the written consent agreement entered into before reinstatement or	298
with conditions imposed by board order after a hearing, and, upon	299
termination of the consent agreement, submission to the board for	300
at least two years of annual written progress reports made under	301
penalty of perjury stating whether the individual has maintained	302
sobriety.	303

(27) A second or subsequent violation of section 4731.66 or	304
4731.69 of the Revised Code;	305

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

306

(a) Waiving the payment of all or any part of a deductible or	307
copayment that a patient, pursuant to a health insurance or health	308
care policy, contract, or plan that covers the individual's	309
services, otherwise would be required to pay if the waiver is used	310
as an enticement to a patient or group of patients to receive	311
health care services from that individual;	312

(b) Advertising that the individual will waive the payment of	313
all or any part of a deductible or copayment that a patient,	314
pursuant to a health insurance or health care policy, contract, or	315
plan that covers the individual's services, otherwise would be	316
required to pay.	317

(29) Failure to use universal blood and body fluid	318
precautions established by rules adopted under section 4731.051 of	319
the Revised Code;	320

(30) Failure to provide notice to, and receive acknowledgment	321
of the notice from, a patient when required by section 4731.143 of	322
the Revised Code prior to providing nonemergency professional	323
services, or failure to maintain that notice in the patient's	324
file;	325

(31) Failure of a physician supervising a physician assistant	326
to maintain supervision in accordance with the requirements of	327
Chapter 4730. of the Revised Code and the rules adopted under that	328
chapter;	329

(32) Failure of a physician or podiatrist to enter into a	330
standard care arrangement with a clinical nurse specialist,	331
certified nurse-midwife, or certified nurse practitioner with whom	332
the physician or podiatrist is in collaboration pursuant to	333
section 4731.27 of the Revised Code or failure to fulfill the	334
responsibilities of collaboration after entering into a standard	335
care arrangement;	336

(33) Failure to comply with the terms of a consult agreement	337
entered into with a pharmacist pursuant to section 4729.39 of the	338
Revised Code;	339

(34) Failure to cooperate in an investigation conducted by	340
the board under division (F) of this section, including failure to	341
comply with a subpoena or order issued by the board or failure to	342
answer truthfully a question presented by the board at a	343
deposition or in written interrogatories, except that failure to	344
cooperate with an investigation shall not constitute grounds for	345
discipline under this section if a court of competent jurisdiction	346
has issued an order that either quashes a subpoena or permits the	347
individual to withhold the testimony or evidence in issue;	348

(35) Failure to supervise an acupuncturist in accordance with	349
Chapter 4762. of the Revised Code and the board's rules for	350
supervision of an acupuncturist;	351

(36) Failure to supervise an anesthesiologist assistant in	352
accordance with Chapter 4760. of the Revised Code and the board's	353
rules for supervision of an anesthesiologist assistant;	354

(37) Assisting suicide as defined in section 3795.01 of the	355
Revised Code;	356

(38) Failure to comply with the requirements of section	357
2317.561 of the Revised Code;	358

(39) Failure to supervise a radiologist assistant in	359
accordance with Chapter 4774. of the Revised Code and the board's	360
rules for supervision of radiologist assistants.	361

(C) Disciplinary actions taken by the board under divisions	362
(A) and (B) of this section shall be taken pursuant to an	363
adjudication under Chapter 119. of the Revised Code, except that	364
in lieu of an adjudication, the board may enter into a consent	365
agreement with an individual to resolve an allegation of a	366
violation of this chapter or any rule adopted under it. A consent	367
agreement, when ratified by an affirmative vote of not fewer than	368
six members of the board, shall constitute the findings and order	369
of the board with respect to the matter addressed in the	370
agreement. If the board refuses to ratify a consent agreement, the	371
admissions and findings contained in the consent agreement shall	372
be of no force or effect.	373

If the board takes disciplinary action against an individual	374
under division (B) of this section for a second or subsequent plea	375
of guilty to, or judicial finding of guilt of, a violation of	376
section 2919.123 of the Revised Code, the disciplinary action	377
shall consist of a suspension of the individual's certificate to	378
practice for a period of at least one year or, if determined	379
appropriate by the board, a more serious sanction involving the	380
individual's certificate to practice. Any consent agreement	381
entered into under this division with an individual that pertains	382
to a second or subsequent plea of guilty to, or judicial finding	383
of guilt of, a violation of that section shall provide for a	384
suspension of the individual's certificate to practice for a	385
period of at least one year or, if determined appropriate by the	386
board, a more serious sanction involving the individual's	387
certificate to practice.	388

(D) For purposes of divisions (B)(10), (12), and (14) of this	389
section, the commission of the act may be established by a finding	390
by the board, pursuant to an adjudication under Chapter 119. of	391
the Revised Code, that the individual committed the act. The board	392
does not have jurisdiction under those divisions if the trial	393
court renders a final judgment in the individual's favor and that	394
judgment is based upon an adjudication on the merits. The board	395
has jurisdiction under those divisions if the trial court issues	396
an order of dismissal upon technical or procedural grounds.	397

(E) The sealing of conviction records by any court shall have	398
no effect upon a prior board order entered under this section or	399
upon the board's jurisdiction to take action under this section	400
if, based upon a plea of guilty, a judicial finding of guilt, or a	401
judicial finding of eligibility for intervention in lieu of	402
conviction, the board issued a notice of opportunity for a hearing	403
prior to the court's order to seal the records. The board shall	404
not be required to seal, destroy, redact, or otherwise modify its	405
records to reflect the court's sealing of conviction records.	406

(F)(1) The board shall investigate evidence that appears to	407
show that a person has violated any provision of this chapter or	408
any rule adopted under it. Any person may report to the board in a	409
signed writing any information that the person may have that	410
appears to show a violation of any provision of this chapter or	411
any rule adopted under it. In the absence of bad faith, any person	412
who reports information of that nature or who testifies before the	413
board in any adjudication conducted under Chapter 119. of the	414
Revised Code shall not be liable in damages in a civil action as a	415
result of the report or testimony. Each complaint or allegation of	416
a violation received by the board shall be assigned a case number	417
and shall be recorded by the board.	418

(2) Investigations of alleged violations of this chapter or	419
any rule adopted under it shall be supervised by the supervising	420
member elected by the board in accordance with section 4731.02 of	421
the Revised Code and by the secretary as provided in section	422
4731.39 of the Revised Code. The president may designate another	423
member of the board to supervise the investigation in place of the	424
supervising member. No member of the board who supervises the	425
investigation of a case shall participate in further adjudication	426
of the case.	427

(3) In investigating a possible violation of this chapter or	428
any rule adopted under this chapter, the board may administer	429
oaths, order the taking of depositions, issue subpoenas, and	430
compel the attendance of witnesses and production of books,	431
accounts, papers, records, documents, and testimony, except that a	432
subpoena for patient record information shall not be issued	433
without consultation with the attorney general's office and	434
approval of the secretary and supervising member of the board.	435
Before issuance of a subpoena for patient record information, the	436
secretary and supervising member shall determine whether there is	437
probable cause to believe that the complaint filed alleges a	438
violation of this chapter or any rule adopted under it and that	439
the records sought are relevant to the alleged violation and	440
material to the investigation. The subpoena may apply only to	441
records that cover a reasonable period of time surrounding the	442
alleged violation.	443

On failure to comply with any subpoena issued by the board	444
and after reasonable notice to the person being subpoenaed, the	445
board may move for an order compelling the production of persons	446
or records pursuant to the Rules of Civil Procedure.	447

A subpoena issued by the board may be served by a sheriff,	448
the sheriff's deputy, or a board employee designated by the board.	449
Service of a subpoena issued by the board may be made by	450
delivering a copy of the subpoena to the person named therein,	451
reading it to the person, or leaving it at the person's usual	452
place of residence. When the person being served is a person whose	453
practice is authorized by this chapter, service of the subpoena	454
may be made by certified mail, restricted delivery, return receipt	455
requested, and the subpoena shall be deemed served on the date	456
delivery is made or the date the person refuses to accept	457
delivery.	458

A sheriff's deputy who serves a subpoena shall receive the	459
same fees as a sheriff. Each witness who appears before the board	460
in obedience to a subpoena shall receive the fees and mileage	461
provided for witnesses in civil cases in the courts of common	462
pleas.	463

(4) All hearings and investigations of the board shall be	464
considered civil actions for the purposes of section 2305.252 of	465
the Revised Code.	466

(5) Information received by the board pursuant to an	467
investigation is confidential and not subject to discovery in any	468
civil action.	469

The board shall conduct all investigations and proceedings in	470
a manner that protects the confidentiality of patients and persons	471
who file complaints with the board. The board shall not make	472
public the names or any other identifying information about	473
patients or complainants unless proper consent is given or, in the	474
case of a patient, a waiver of the patient privilege exists under	475
division (B) of section 2317.02 of the Revised Code, except that	476
consent or a waiver of that nature is not required if the board	477
possesses reliable and substantial evidence that no bona fide	478
physician-patient relationship exists.	479

The board may share any information it receives pursuant to	480
an investigation, including patient records and patient record	481
information, with law enforcement agencies, other licensing	482
boards, and other governmental agencies that are prosecuting,	483
adjudicating, or investigating alleged violations of statutes or	484
administrative rules. An agency or board that receives the	485
information shall comply with the same requirements regarding	486
confidentiality as those with which the state medical board must	487
comply, notwithstanding any conflicting provision of the Revised	488
Code or procedure of the agency or board that applies when it is	489
dealing with other information in its possession. In a judicial	490
proceeding, the information may be admitted into evidence only in	491
accordance with the Rules of Evidence, but the court shall require	492
that appropriate measures are taken to ensure that confidentiality	493
is maintained with respect to any part of the information that	494
contains names or other identifying information about patients or	495
complainants whose confidentiality was protected by the state	496
medical board when the information was in the board's possession.	497
Measures to ensure confidentiality that may be taken by the court	498
include sealing its records or deleting specific information from	499
its records.	500

(6) On a quarterly basis, the board shall prepare a report	501
that documents the disposition of all cases during the preceding	502
three months. The report shall contain the following information	503
for each case with which the board has completed its activities:	504

(a) The case number assigned to the complaint or alleged	505
violation;	506

(b) The type of certificate to practice, if any, held by the	507
individual against whom the complaint is directed;	508

(c) A description of the allegations contained in the	509
complaint;	510

(d) The disposition of the case.

511

The report shall state how many cases are still pending and	512
shall be prepared in a manner that protects the identity of each	513
person involved in each case. The report shall be a public record	514
under section 149.43 of the Revised Code.	515

(G) If the secretary and supervising member determine that	516
there is clear and convincing evidence that an individual has	517
violated division (B) of this section and that the individual's	518
continued practice presents a danger of immediate and serious harm	519
to the public, they may recommend that the board suspend the	520
individual's certificate to practice without a prior hearing.	521
Written allegations shall be prepared for consideration by the	522
board.	523

The board, upon review of those allegations and by an	524
affirmative vote of not fewer than six of its members, excluding	525
the secretary and supervising member, may suspend a certificate	526
without a prior hearing. A telephone conference call may be	527
utilized for reviewing the allegations and taking the vote on the	528
summary suspension.	529

The board shall issue a written order of suspension by	530
certified mail or in person in accordance with section 119.07 of	531
the Revised Code. The order shall not be subject to suspension by	532
the court during pendency of any appeal filed under section 119.12	533
of the Revised Code. If the individual subject to the summary	534
suspension requests an adjudicatory hearing by the board, the date	535
set for the hearing shall be within fifteen days, but not earlier	536
than seven days, after the individual requests the hearing, unless	537
otherwise agreed to by both the board and the individual.	538

Any summary suspension imposed under this division shall	539
remain in effect, unless reversed on appeal, until a final	540
adjudicative order issued by the board pursuant to this section	541
and Chapter 119. of the Revised Code becomes effective. The board	542
shall issue its final adjudicative order within seventy-five days	543
after completion of its hearing. A failure to issue the order	544
within seventy-five days shall result in dissolution of the	545
summary suspension order but shall not invalidate any subsequent,	546
final adjudicative order.	547

(H) If the board takes action under division (B)(9), (11), or	548
(13) of this section and the judicial finding of guilt, guilty	549
plea, or judicial finding of eligibility for intervention in lieu	550
of conviction is overturned on appeal, upon exhaustion of the	551
criminal appeal, a petition for reconsideration of the order may	552
be filed with the board along with appropriate court documents.	553
Upon receipt of a petition of that nature and supporting court	554
documents, the board shall reinstate the individual's certificate	555
to practice. The board may then hold an adjudication under Chapter	556
119. of the Revised Code to determine whether the individual	557
committed the act in question. Notice of an opportunity for a	558
hearing shall be given in accordance with Chapter 119. of the	559
Revised Code. If the board finds, pursuant to an adjudication held	560
under this division, that the individual committed the act or if	561
no hearing is requested, the board may order any of the sanctions	562
identified under division (B) of this section.	563

(I) The certificate to practice issued to an individual under	564
this chapter and the individual's practice in this state are	565
automatically suspended as of the date of the individual's second	566
or subsequent plea of guilty to, or judicial finding of guilt of,	567
a violation of section 2919.123 of the Revised Code, or the date	568
the individual pleads guilty to, is found by a judge or jury to be	569
guilty of, or is subject to a judicial finding of eligibility for	570
intervention in lieu of conviction in this state or treatment or	571
intervention in lieu of conviction in another jurisdiction for any	572
of the following criminal offenses in this state or a	573
substantially equivalent criminal offense in another jurisdiction:	574
aggravated murder, murder, voluntary manslaughter, felonious	575
assault, kidnapping, rape, sexual battery, gross sexual	576
imposition, aggravated arson, aggravated robbery, or aggravated	577
burglary. Continued practice after suspension shall be considered	578
practicing without a certificate.	579

The board shall notify the individual subject to the	580
suspension by certified mail or in person in accordance with	581
section 119.07 of the Revised Code. If an individual whose	582
certificate is automatically suspended under this division fails	583
to make a timely request for an adjudication under Chapter 119. of	584
the Revised Code, the board shall do whichever of the following is	585
applicable:	586

(1) If the automatic suspension under this division is for a	587
second or subsequent plea of guilty to, or judicial finding of	588
guilt of, a violation of section 2919.123 of the Revised Code, the	589
board shall enter an order suspending the individual's certificate	590
to practice for a period of at least one year or, if determined	591
appropriate by the board, imposing a more serious sanction	592
involving the individual's certificate to practice.	593

(2) In all circumstances in which division (I)(1) of this	594
section does not apply, enter a final order permanently revoking	595
the individual's certificate to practice.	596

(J) If the board is required by Chapter 119. of the Revised	597
Code to give notice of an opportunity for a hearing and if the	598
individual subject to the notice does not timely request a hearing	599
in accordance with section 119.07 of the Revised Code, the board	600
is not required to hold a hearing, but may adopt, by an	601
affirmative vote of not fewer than six of its members, a final	602
order that contains the board's findings. In that final order, the	603
board may order any of the sanctions identified under division (A)	604
or (B) of this section.	605

(K) Any action taken by the board under division (B) of this	606
section resulting in a suspension from practice shall be	607
accompanied by a written statement of the conditions under which	608
the individual's certificate to practice may be reinstated. The	609
board shall adopt rules governing conditions to be imposed for	610
reinstatement. Reinstatement of a certificate suspended pursuant	611
to division (B) of this section requires an affirmative vote of	612
not fewer than six members of the board.	613

(L) When the board refuses to grant a certificate to an	614
applicant, revokes an individual's certificate to practice,	615
refuses to register an applicant, or refuses to reinstate an	616
individual's certificate to practice, the board may specify that	617
its action is permanent. An individual subject to a permanent	618
action taken by the board is forever thereafter ineligible to hold	619
a certificate to practice and the board shall not accept an	620
application for reinstatement of the certificate or for issuance	621
of a new certificate.	622

(M) Notwithstanding any other provision of the Revised Code,	623
all of the following apply:	624

(1) The surrender of a certificate issued under this chapter	625
shall not be effective unless or until accepted by the board.	626
Reinstatement of a certificate surrendered to the board requires	627
an affirmative vote of not fewer than six members of the board.	628

(2) An application for a certificate made under the	629
provisions of this chapter may not be withdrawn without approval	630
of the board.	631

(3) Failure by an individual to renew a certificate of	632
registration in accordance with this chapter shall not remove or	633
limit the board's jurisdiction to take any disciplinary action	634
under this section against the individual.	635

(N) Sanctions shall not be imposed under division (B)(28) of	636
this section against any person who waives deductibles and	637
copayments as follows:	638

(1) In compliance with the health benefit plan that expressly	639
allows such a practice. Waiver of the deductibles or copayments	640
shall be made only with the full knowledge and consent of the plan	641
purchaser, payer, and third-party administrator. Documentation of	642
the consent shall be made available to the board upon request.	643

(2) For professional services rendered to any other person	644
authorized to practice pursuant to this chapter, to the extent	645
allowed by this chapter and rules adopted by the board.	646

(O) Under the board's investigative duties described in this	647
section and subject to division (F) of this section, the board	648
shall develop and implement a quality intervention program	649
designed to improve through remedial education the clinical and	650
communication skills of individuals authorized under this chapter	651
to practice medicine and surgery, osteopathic medicine and	652
surgery, and podiatric medicine and surgery. In developing and	653
implementing the quality intervention program, the board may do	654
all of the following:	655

(1) Offer in appropriate cases as determined by the board an	656
educational and assessment program pursuant to an investigation	657
the board conducts under this section;	658

(2) Select providers of educational and assessment services,	659
including a quality intervention program panel of case reviewers;	660

(3) Make referrals to educational and assessment service	661
providers and approve individual educational programs recommended	662
by those providers. The board shall monitor the progress of each	663
individual undertaking a recommended individual educational	664
program.	665

(4) Determine what constitutes successful completion of an	666
individual educational program and require further monitoring of	667
the individual who completed the program or other action that the	668
board determines to be appropriate;	669

(5) Adopt rules in accordance with Chapter 119. of the	670
Revised Code to further implement the quality intervention	671
program.	672

An individual who participates in an individual educational	673
program pursuant to this division shall pay the financial	674
obligations arising from that educational program.	675

Sec. 4731.224.  (A) Within sixty days after the imposition of	676
any formal disciplinary action taken by any health care facility,	677
including a hospital, health care facility operated by a health	678
insuring corporation, ambulatory surgical center, or similar	679
facility, against any individual holding a valid certificate to	680
practice issued pursuant to this chapter, the chief administrator	681
or executive officer of the facility shall report to the state	682
medical board the name of the individual, the action taken by the	683
facility, and a summary of the underlying facts leading to the	684
action taken. Upon request, the board shall be provided certified	685
copies of the patient records that were the basis for the	686
facility's action. Prior to release to the board, the summary	687
shall be approved by the peer review committee that reviewed the	688
case or by the governing board of the facility. As used in this	689
division, "formal disciplinary action" means any action resulting	690
in the revocation, restriction, reduction, or termination of	691
clinical privileges for violations of professional ethics, or for	692
reasons of medical incompetence, medical malpractice, or drug or	693
alcohol abuse. "Formal disciplinary action" includes a summary	694
action, an action that takes effect notwithstanding any appeal	695
rights that may exist, and an action that results in an individual	696
surrendering clinical privileges while under investigation and	697
during proceedings regarding the action being taken or in return	698
for not being investigated or having proceedings held. "Formal	699
disciplinary action" does not include any action taken for the	700
sole reason of failure to maintain records on a timely basis or	701
failure to attend staff or section meetings.	702

The filing or nonfiling of a report with the board,	703
investigation by the board, or any disciplinary action taken by	704
the board, shall not preclude any action by a health care facility	705
to suspend, restrict, or revoke the individual's clinical	706
privileges.	707

In the absence of fraud or bad faith, no individual or entity	708
that provides patient records to the board shall be liable in	709
damages to any person as a result of providing the records.	710

(B) If any individual authorized to practice under this	711
chapter or any professional association or society of such	712
individuals believes that a violation of any provision of this	713
chapter, Chapter 4730., 4760., or 4762., or 4774. of the Revised	714
Code, or any rule of the board has occurred, the individual,	715
association, or society shall report to the board the information	716
upon which the belief is based. This division does not require any	717
treatment provider approved by the board under section 4731.25 of	718
the Revised Code or any employee, agent, or representative of such	719
a provider to make reports with respect to an impaired	720
practitioner participating in treatment or aftercare for substance	721
abuse as long as the practitioner maintains participation in	722
accordance with the requirements of section 4731.25 of the Revised	723
Code, and as long as the treatment provider or employee, agent, or	724
representative of the provider has no reason to believe that the	725
practitioner has violated any provision of this chapter or any	726
rule adopted under it, other than the provisions of division	727
(B)(26) of section 4731.22 of the Revised Code. This division does	728
not require reporting by any member of an impaired practitioner	729
committee established by a health care facility or by any	730
representative or agent of a committee or program sponsored by a	731
professional association or society of individuals authorized to	732
practice under this chapter to provide peer assistance to	733
practitioners with substance abuse problems with respect to a	734
practitioner who has been referred for examination to a treatment	735
program approved by the board under section 4731.25 of the Revised	736
Code if the practitioner cooperates with the referral for	737
examination and with any determination that the practitioner	738
should enter treatment and as long as the committee member,	739
representative, or agent has no reason to believe that the	740
practitioner has ceased to participate in the treatment program in	741
accordance with section 4731.25 of the Revised Code or has	742
violated any provision of this chapter or any rule adopted under	743
it, other than the provisions of division (B)(26) of section	744
4731.22 of the Revised Code.	745

(C) Any professional association or society composed	746
primarily of doctors of medicine and surgery, doctors of	747
osteopathic medicine and surgery, doctors of podiatric medicine	748
and surgery, or practitioners of limited branches of medicine that	749
suspends or revokes an individual's membership for violations of	750
professional ethics, or for reasons of professional incompetence	751
or professional malpractice, within sixty days after a final	752
decision shall report to the board, on forms prescribed and	753
provided by the board, the name of the individual, the action	754
taken by the professional organization, and a summary of the	755
underlying facts leading to the action taken.	756

The filing of a report with the board or decision not to file	757
a report, investigation by the board, or any disciplinary action	758
taken by the board, does not preclude a professional organization	759
from taking disciplinary action against an individual.	760

(D) Any insurer providing professional liability insurance to	761
an individual authorized to practice under this chapter, or any	762
other entity that seeks to indemnify the professional liability of	763
such an individual, shall notify the board within thirty days	764
after the final disposition of any written claim for damages where	765
such disposition results in a payment exceeding twenty-five	766
thousand dollars. The notice shall contain the following	767
information:	768

(1) The name and address of the person submitting the	769
notification;	770

(2) The name and address of the insured who is the subject of	771
the claim;	772

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

773

(4) The date of final disposition;

774

(5) If applicable, the identity of the court in which the	775
final disposition of the claim took place.	776

(E) The board may investigate possible violations of this	777
chapter or the rules adopted under it that are brought to its	778
attention as a result of the reporting requirements of this	779
section, except that the board shall conduct an investigation if a	780
possible violation involves repeated malpractice. As used in this	781
division, "repeated malpractice" means three or more claims for	782
medical malpractice within the previous five-year period, each	783
resulting in a judgment or settlement in excess of twenty-five	784
thousand dollars in favor of the claimant, and each involving	785
negligent conduct by the practicing individual.	786

(F) All summaries, reports, and records received and	787
maintained by the board pursuant to this section shall be held in	788
confidence and shall not be subject to discovery or introduction	789
in evidence in any federal or state civil action involving a	790
health care professional or facility arising out of matters that	791
are the subject of the reporting required by this section. The	792
board may use the information obtained only as the basis for an	793
investigation, as evidence in a disciplinary hearing against an	794
individual whose practice is regulated under this chapter, or in	795
any subsequent trial or appeal of a board action or order.	796

The board may disclose the summaries and reports it receives	797
under this section only to health care facility committees within	798
or outside this state that are involved in credentialing or	799
recredentialing the individual or in reviewing the individual's	800
clinical privileges. The board shall indicate whether or not the	801
information has been verified. Information transmitted by the	802
board shall be subject to the same confidentiality provisions as	803
when maintained by the board.	804

(G) Except for reports filed by an individual pursuant to	805
division (B) of this section, the board shall send a copy of any	806
reports or summaries it receives pursuant to this section to the	807
individual who is the subject of the reports or summaries. The	808
individual shall have the right to file a statement with the board	809
concerning the correctness or relevance of the information. The	810
statement shall at all times accompany that part of the record in	811
contention.	812

(H) An individual or entity that, pursuant to this section,	813
reports to the board or refers an impaired practitioner to a	814
treatment provider approved by the board under section 4731.25 of	815
the Revised Code shall not be subject to suit for civil damages as	816
a result of the report, referral, or provision of the information.	817

(I) In the absence of fraud or bad faith, no professional	818
association or society of individuals authorized to practice under	819
this chapter that sponsors a committee or program to provide peer	820
assistance to practitioners with substance abuse problems, no	821
representative or agent of such a committee or program, and no	822
member of the state medical board shall be held liable in damages	823
to any person by reason of actions taken to refer a practitioner	824
to a treatment provider approved under section 4731.25 of the	825
Revised Code for examination or treatment.	826

Sec. 4731.24.  Except as provided in sections 4731.281 and	827
4731.40 of the Revised Code, all receipts of the state medical	828
board, from any source, shall be deposited in the state treasury.	829
Until July 1, 1998, the funds shall be deposited to the credit of	830
the occupational licensing and regulatory fund. On and after July	831
1, 1998, the funds shall be deposited to the credit of the state	832
medical board operating fund, which is hereby created on July 1,	833
1998. All funds deposited into the state treasury under this	834
section shall be used solely for the administration and	835
enforcement of this chapter and Chapters 4730., 4760., and 4762.,	836
and 4774. of the Revised Code by the board.	837

Sec. 4731.25.  The state medical board, in accordance with	838
Chapter 119. of the Revised Code, shall adopt and may amend and	839
rescind rules establishing standards for approval of physicians	840
and facilities as treatment providers for impaired practitioners	841
who are regulated under this chapter or Chapter 4730., 4760., or	842
4762., or 4774. of the Revised Code. The rules shall include	843
standards for both inpatient and outpatient treatment. The rules	844
shall provide that in order to be approved, a treatment provider	845
must have the capability of making an initial examination to	846
determine what type of treatment an impaired practitioner	847
requires. Subject to the rules, the board shall review and approve	848
treatment providers on a regular basis. The board, at its	849
discretion, may withdraw or deny approval subject to the rules.	850

An approved impaired practitioner treatment provider shall:

851

(A) Report to the board the name of any practitioner	852
suffering or showing evidence of suffering impairment as described	853
in division (B)(5) of section 4730.25 of the Revised Code,	854
division (B)(26) of section 4731.22 of the Revised Code, division	855
(B)(6) of section 4760.13 of the Revised Code, or division (B)(6)	856
of section 4762.13 of the Revised Code, or division (B)(6) of	857
section 4774.13 of the Revised Code who fails to comply within one	858
week with a referral for examination;	859

(B) Report to the board the name of any impaired practitioner	860
who fails to enter treatment within forty-eight hours following	861
the provider's determination that the practitioner needs	862
treatment;	863

(C) Require every practitioner who enters treatment to agree	864
to a treatment contract establishing the terms of treatment and	865
aftercare, including any required supervision or restrictions of	866
practice during treatment or aftercare;	867

(D) Require a practitioner to suspend practice upon entry	868
into any required inpatient treatment;	869

(E) Report to the board any failure by an impaired	870
practitioner to comply with the terms of the treatment contract	871
during inpatient or outpatient treatment or aftercare;	872

(F) Report to the board the resumption of practice of any	873
impaired practitioner before the treatment provider has made a	874
clear determination that the practitioner is capable of practicing	875
according to acceptable and prevailing standards of care;	876

(G) Require a practitioner who resumes practice after	877
completion of treatment to comply with an aftercare contract that	878
meets the requirements of rules adopted by the board for approval	879
of treatment providers;	880

(H) Report the identity of any practitioner practicing under	881
the terms of an aftercare contract to hospital administrators,	882
medical chiefs of staff, and chairpersons of impaired practitioner	883
committees of all health care institutions at which the	884
practitioner holds clinical privileges or otherwise practices. If	885
the practitioner does not hold clinical privileges at any health	886
care institution, the treatment provider shall report the	887
practitioner's identity to the impaired practitioner committee of	888
the county medical society, osteopathic academy, or podiatric	889
medical association in every county in which the practitioner	890
practices. If there are no impaired practitioner committees in the	891
county, the treatment provider shall report the practitioner's	892
identity to the president or other designated member of the county	893
medical society, osteopathic academy, or podiatric medical	894
association.	895

(I) Report to the board the identity of any practitioner who	896
suffers a relapse at any time during or following aftercare.	897

Any individual authorized to practice under this chapter who	898
enters into treatment by an approved treatment provider shall be	899
deemed to have waived any confidentiality requirements that would	900
otherwise prevent the treatment provider from making reports	901
required under this section.	902

In the absence of fraud or bad faith, no person or	903
organization that conducts an approved impaired practitioner	904
treatment program, no member of such an organization, and no	905
employee, representative, or agent of the treatment provider shall	906
be held liable in damages to any person by reason of actions taken	907
or recommendations made by the treatment provider or its	908
employees, representatives, or agents.	909

Sec. 4774.01. As used in this chapter:

910

(A) "Radiologist assistant" means an individual who assists	911
a radiologist in the care of radiology patients by engaging in any	912
of the activities authorized under section 4774.08 of the Revised	913
Code.	914

(B) "Radiologist" means a physician who has successfully	915
completed an approved radiology training program, as specified in	916
the accreditation requirements that must be met to qualify as	917
graduate medical education under section 4731.091 of the Revised	918
Code.	919

(C) "Radiology" means the branch of medicine that deals with	920
the use of radiation in diagnosis and treatment of disease or	921
conditions.	922

(D) "Physician" means an individual authorized under Chapter	923
4731. of the Revised Code to practice medicine and surgery or	924
osteopathic medicine and surgery.	925

(E) "General anesthesia," "deep sedation," "moderate	926
sedation," and "minimal sedation" have the meanings specified by	927
the state medical board in rules adopted under section 4774.11 of	928
the Revised Code.	929

Sec. 4774.02. (A)(1) Except as provided in division (B) of	930
this section, no person shall practice as a radiologist assistant	931
unless the person holds a current, valid certificate to practice	932
as a radiologist assistant issued under this chapter.	933

(2) No person shall use the title "radiologist assistant" or	934
otherwise hold the person out as a radiologist assistant, unless	935
the person holds a current, valid certificate to practice as a	936
radiologist assistant issued under this chapter.	937

(B) Division (A)(1) of this section does not apply to either	938
of the following:	939

(1) A student participating in an advanced academic program	940
that must be completed to receive a certificate to practice as a	941
radiologist assistant, as those programs are described in division	942
(B)(3) of section 4774.03 of the Revised Code;	943

(2) A person who is otherwise authorized to perform any of	944
the activities that a radiologist assistant is authorized to	945
perform, either pursuant to another provision of the Revised Code	946
or pursuant to the rules adopted by the state medical board under	947
section 4731.053 of the Revised Code governing physician	948
delegation of medical tasks.	949

Sec. 4774.03. (A) An individual seeking a certificate to	950
practice as a radiologist assistant shall file with the state	951
medical board a written application on a form prescribed and	952
supplied by the board. The application shall include all the	953
information the board considers necessary to process the	954
application, including evidence satisfactory to the board that the	955
applicant meets the requirements specified in division (B) of this	956
section.	957

At the time an application is submitted, the applicant shall	958
pay the board the application fee specified by the board in rules	959
adopted under section 4774.11 of the Revised Code. No part of the	960
fee shall be returned.	961

(B) To be eligible to receive a certificate to practice as a	962
radiologist assistant, an applicant shall meet all of the	963
following requirements:	964

(1) Be at least eighteen years of age and of good moral	965
character;	966

(2) Hold a current, valid license as a radiographer under	967
Chapter 4773. of the Revised Code;	968

(3) Have attained a baccalaureate degree or	969
postbaccalaureate certificate from an advanced academic program	970
encompassing a nationally recognized radiologist assistant	971
curriculum that includes a radiologist-directed clinical	972
preceptorship;	973

(4) Hold current certification as a registered radiologist	974
assistant from the American registry of radiologic technologists	975
and have attained the certification by meeting the standard	976
certification requirements established by the registry, including	977
the registry's requirements for documenting clinical education in	978
the form of a clinical portfolio and passing an examination to	979
determine competence to practice;	980

(5) Hold current certification in advanced cardiac life	981
support.	982

(C) The board shall review all applications received under	983
this section. Not later than sixty days after receiving an	984
application the board considers to be complete, the board shall	985
determine whether the applicant meets the requirements to receive	986
a certificate to practice as a radiologist assistant. The	987
affirmative vote of not fewer than six members of the board is	988
required to determine that the applicant meets the requirements	989
for a certificate to practice as a radiologist assistant.	990

Sec. 4774.031. In addition to any other eligibility	991
requirement set forth in this chapter, each applicant for a	992
certificate to practice as a radiologist assistant shall comply	993
with sections 4776.01 to 4776.04 of the Revised Code. The state	994
medical board shall not grant to an applicant a certificate to	995
practice as a radiologist assistant unless the board, in its	996
discretion, decides that the results of the criminal records	997
check do not make the applicant ineligible for a certificate	998
issued pursuant to section 4774.04 of the Revised Code.	999

Sec. 4774.04. If the state medical board determines under	1000
section 4774.03 of the Revised Code that an applicant meets the	1001
requirements for a certificate to practice as a radiologist	1002
assistant, the secretary of the board shall register the applicant	1003
as a radiologist assistant and issue to the applicant a	1004
certificate to practice as a radiologist assistant. The	1005
certificate shall expire biennially and may be renewed in	1006
accordance with section 4774.06 of the Revised Code.	1007

Sec. 4774.05. On application by the holder of a certificate	1008
to practice as a radiologist assistant, the state medical board	1009
shall issue a duplicate certificate to replace one that is	1010
missing or damaged, to reflect a name change, or for any other	1011
reasonable cause. The fee for a duplicate certificate is	1012
thirty-five dollars.	1013

Sec. 4774.06. (A) An individual seeking to renew a	1014
certificate to practice as a radiologist assistant shall, on or	1015
before the thirty-first day of January of each even-numbered	1016
year, apply for renewal of the certificate. The state medical	1017
board shall send renewal notices at least one month prior to the	1018
expiration date.	1019

Renewal applications shall be submitted to the board in a	1020
manner prescribed by the board. Each application shall be	1021
accompanied by a biennial renewal fee specified by the board in	1022
rules adopted under section 4774.11 of the Revised Code.	1023

The applicant shall report any criminal offense that	1024
constitutes grounds for refusing to issue a certificate under	1025
section 4774.13 of the Revised Code to which the applicant has	1026
pleaded guilty, of which the applicant has been found guilty, or	1027
for which the applicant has been found eligible for intervention	1028
in lieu of conviction, since last signing an application for a	1029
certificate to practice as a radiologist assistant.	1030

(B) To be eligible for renewal, a radiologist assistant shall	1031
certify to the board that the assistant has maintained both of the	1032
following:	1033

(1) A license as a radiographer under Chapter 4773. of the	1034
Revised Code;	1035

(2) Certification as a registered radiologist assistant from	1036
the American registry of radiologic technologists by meeting the	1037
registry's requirements for annual registration, including	1038
completion of the continuing education requirements established	1039
by the registry.	1040

(C) If an applicant submits a renewal application that the	1041
board considers to be complete and qualifies for renewal pursuant	1042
to division (B) of this section, the board shall issue to the	1043
applicant a renewed certificate to practice as a radiologist	1044
assistant.	1045

(D) A certificate to practice that is not renewed on or	1046
before its expiration date is automatically suspended on its	1047
expiration date, subject to the provisions of section 119.06 of	1048
the Revised Code specifying that an applicant who appropriately	1049
files a renewal application is not required to discontinue	1050
practicing merely because the board has failed to act on the	1051
application. If a certificate has been suspended pursuant to	1052
this division for two years or less, the board shall reinstate	1053
the certificate upon an applicant's submission of a renewal	1054
application, the biennial renewal fee, and the applicable	1055
monetary penalty. The penalty for reinstatement is twenty-five	1056
dollars. If a certificate has been suspended pursuant to this	1057
division for more than two years, it may be restored upon an	1058
applicant's submission of a restoration application, the biennial	1059
renewal fee, and the applicable monetary penalty and compliance	1060
with sections 4776.01 to 4776.04 of the Revised Code. The board	1061
shall not restore a certificate unless the board, in its	1062
discretion, decides that the results of the criminal records	1063
check do not make the applicant ineligible for a certificate	1064
issued pursuant to section 4774.04 of the Revised Code. The	1065
penalty for restoration is fifty dollars.	1066

Sec. 4774.08. (A) A radiologist assistant shall practice	1067
only under the supervision of a radiologist acting in accordance	1068
with section 4774.10 of the Revised Code. Under this supervision	1069
and subject to division (B) of this section, a radiologist	1070
assistant may do all of the following:	1071

(1) Perform fluoroscopic procedures;

1072

(2) Assess and evaluate the physiologic and psychological	1073
responsiveness of patients undergoing radiologic procedures;	1074

(3) Evaluate image quality, make initial image observations,	1075
and communicate observations to the supervising radiologist;	1076

(4) Administer contrast media, radio-isotopes, and other	1077
drugs prescribed by the supervising radiologist that are directly	1078
related to the radiologic procedures being performed;	1079

(5) Perform any other radiologic procedures specified by the	1080
state medical board in rules adopted under section 4774.11 of	1081
the Revised Code.	1082

(B) A radiologist assistant shall not do any of the	1083
following:	1084

(1) Interpret radiologic images;

1085

(2) Make diagnoses;

1086

(3) Prescribe therapies;

1087

(4) Administer or participate in the administration of	1088
general anesthesia, deep sedation, moderate sedation, or minimal	1089
sedation.	1090

Sec. 4774.09. At all times when an individual who is a	1091
radiologist assistant is providing direct patient care, the	1092
individual shall display in an appropriate manner the title	1093
"radiologist assistant" as a means of identifying the individual's	1094
authority to practice under this chapter.	1095

In the case of an individual who is a student participating	1096
in an advanced academic program that must be completed to receive	1097
a certificate to practice as a radiologist assistant, as those	1098
programs are described in division (B)(3) of section 4774.03 of	1099
the Revised Code, when the individual is providing direct patient	1100
care or is otherwise involved with direct patient care under the	1101
program, the individual shall display in an appropriate manner the	1102
title "student radiologist assistant" or another appropriate	1103
designation as a means of identifying the individual as a student	1104
participating in the program.	1105

Sec. 4774.10. (A) To be eligible to supervise a radiologist	1106
assistant, a physician shall be actively and directly engaged in	1107
the clinical practice of medicine and surgery as a radiologist or	1108
actively and directly engaged in the clinical practice of	1109
osteopathic medicine and surgery as a radiologist.	1110

(B) In providing supervision of a radiologist assistant, a	1111
supervising radiologist is subject to all of the following:	1112

(1) Except as provided in divisions (B)(2) and (3) of this	1113
section, the supervising radiologist shall provide on-site	1114
supervision of the radiologist assistant. The supervision shall be	1115
provided by being physically present in the same location as the	1116
radiologist assistant. The provision of on-site supervision does	1117
not necessarily require that the supervising radiologist be in	1118
the same room as the radiologist assistant. On-site supervision	1119
shall be provided when the radiologist assistant performs a	1120
radiologic procedure on a patient who is under minimal sedation.	1121

(2) When the radiologist assistant performs a radiologic	1122
procedure on a patient who is under general anesthesia, deep	1123
sedation, or moderate sedation, the supervising radiologist	1124
shall provide direct supervision. The supervision shall be	1125
provided by being physically present in the same room as the	1126
radiologist assistant, with the radiologist assistant in the	1127
actual sight of the supervising radiologist when the radiologist	1128
assistant is performing the radiologic procedure.	1129

(3) In the case of any radiologic procedure that a	1130
radiologist assistant is authorized to perform pursuant to	1131
division (A)(5) of section 4774.08 of the Revised Code, the	1132
supervising radiologist shall provide the level of supervision	1133
specified by the state medical board in the rules adopted under	1134
section 4774.11 of the Revised Code authorizing the performance	1135
of the procedure.	1136

(C) The supervising radiologist of a radiologist assistant	1137
assumes legal liability for the services provided by the	1138
radiologist assistant.	1139

Sec. 4774.11. (A) The state medical board shall adopt rules	1140
in accordance with Chapter 119. of the Revised Code to implement	1141
and administer this chapter. In adopting the rules, the board	1142
shall take into consideration the guidelines adopted by the	1143
American college of radiology, the American society of	1144
radiologic technologists, and the American registry of	1145
radiologic technologists.	1146

(B) The rules adopted under this section shall include all of	1147
the following:	1148

(1) Standards and procedures for issuing and renewing	1149
certificates to practice as a radiologist assistant;	1150

(2) Application fees for an initial or renewed certificate to	1151
practice;	1152

(3) Any additional radiologic procedures that radiologist	1153
assistants may perform pursuant to division (A)(5) of section	1154
4774.08 of the Revised Code and the level of supervision that the	1155
supervising radiologist is required to provide pursuant to section	1156
4774.10 of the Revised Code;	1157

(4) Definitions of "general anesthesia," "deep sedation,"	1158
"moderate sedation," and "minimal sedation";	1159

(5) Any other standards and procedures the board considers	1160
necessary to govern the practice of radiologist assistants, the	1161
supervisory relationship between radiologist assistants and	1162
supervising radiologists, and the administration and enforcement	1163
of this chapter.	1164

Sec. 4774.13. (A) The state medical board, by an affirmative	1165
vote of not fewer than six members, may revoke or may refuse to	1166
grant a certificate to practice as a radiologist assistant to an	1167
individual found by the board to have committed fraud,	1168
misrepresentation, or deception in applying for or securing the	1169
certificate.	1170

(B) The board, by an affirmative vote of not fewer than six	1171
members, shall, to the extent permitted by law, limit, revoke, or	1172
suspend an individual's certificate to practice as a radiologist	1173
assistant, refuse to issue a certificate to an applicant, refuse	1174
to reinstate a certificate, or reprimand or place on probation	1175
the holder of a certificate for any of the following reasons:	1176

(1) Permitting the holder's name or certificate to be used by	1177
another person;	1178

(2) Failure to comply with the requirements of this chapter,	1179
Chapter 4731. of the Revised Code, or any rules adopted by the	1180
board;	1181

(3) Violating or attempting to violate, directly or	1182
indirectly, or assisting in or abetting the violation of, or	1183
conspiring to violate, any provision of this chapter, Chapter	1184
4731. of the Revised Code, or the rules adopted by the board;	1185

(4) A departure from, or failure to conform to, minimal	1186
standards of care of similar practitioners under the same or	1187
similar circumstances whether or not actual injury to the patient	1188
is established;	1189

(5) Inability to practice according to acceptable and	1190
prevailing standards of care by reason of mental illness or	1191
physical illness, including physical deterioration that adversely	1192
affects cognitive, motor, or perceptive skills;	1193

(6) Impairment of ability to practice according to acceptable	1194
and prevailing standards of care because of habitual or excessive	1195
use or abuse of drugs, alcohol, or other substances that impair	1196
ability to practice;	1197

(7) Willfully betraying a professional confidence;

1198

(8) Making a false, fraudulent, deceptive, or misleading	1199
statement in securing or attempting to secure a certificate to	1200
practice as a radiologist assistant.	1201

As used in this division, "false, fraudulent, deceptive, or	1202
misleading statement" means a statement that includes a	1203
misrepresentation of fact, is likely to mislead or deceive because	1204
of a failure to disclose material facts, is intended or is likely	1205
to create false or unjustified expectations of favorable results,	1206
or includes representations or implications that in reasonable	1207
probability will cause an ordinarily prudent person to	1208
misunderstand or be deceived.	1209

(9) The obtaining of, or attempting to obtain, money or a	1210
thing of value by fraudulent misrepresentations in the course of	1211
practice;	1212

(10) A plea of guilty to, a judicial finding of guilt of, or	1213
a judicial finding of eligibility for intervention in lieu of	1214
conviction for, a felony;	1215

(11) Commission of an act that constitutes a felony in this	1216
state, regardless of the jurisdiction in which the act was	1217
committed;	1218

(12) A plea of guilty to, a judicial finding of guilt of, or	1219
a judicial finding of eligibility for intervention in lieu of	1220
conviction for, a misdemeanor committed in the course of practice;	1221

(13) A plea of guilty to, a judicial finding of guilt of, or	1222
a judicial finding of eligibility for intervention in lieu of	1223
conviction for, a misdemeanor involving moral turpitude;	1224

(14) Commission of an act in the course of practice that	1225
constitutes a misdemeanor in this state, regardless of the	1226
jurisdiction in which the act was committed;	1227

(15) Commission of an act involving moral turpitude that	1228
constitutes a misdemeanor in this state, regardless of the	1229
jurisdiction in which the act was committed;	1230

(16) A plea of guilty to, a judicial finding of guilt of, or	1231
a judicial finding of eligibility for intervention in lieu of	1232
conviction for violating any state or federal law regulating the	1233
possession, distribution, or use of any drug, including	1234
trafficking in drugs;	1235

(17) Any of the following actions taken by the state agency	1236
responsible for regulating the practice of radiologist assistants	1237
in another jurisdiction, for any reason other than the nonpayment	1238
of fees: the limitation, revocation, or suspension of an	1239
individual's license to practice; acceptance of an individual's	1240
license surrender; denial of a license; refusal to renew or	1241
reinstate a license; imposition of probation; or issuance of an	1242
order of censure or other reprimand;	1243

(18) Violation of the conditions placed by the board on a	1244
certificate to practice as a radiologist assistant;	1245

(19) Failure to use universal blood and body fluid	1246
precautions established by rules adopted under section 4731.051 of	1247
the Revised Code;	1248

(20) Failure to cooperate in an investigation conducted by	1249
the board under section 4774.14 of the Revised Code, including	1250
failure to comply with a subpoena or order issued by the board or	1251
failure to answer truthfully a question presented by the board at	1252
a deposition or in written interrogatories, except that failure to	1253
cooperate with an investigation shall not constitute grounds for	1254
discipline under this section if a court of competent jurisdiction	1255
has issued an order that either quashes a subpoena or permits the	1256
individual to withhold the testimony or evidence in issue;	1257

(21) Failure to maintain a license as a radiographer under	1258
Chapter 4773. of the Revised Code;	1259

(22) Failure to maintain certification as a registered	1260
radiologist assistant from the American registry of radiologic	1261
technologists, including revocation by the registry of the	1262
assistant's certification or failure by the assistant to meet the	1263
registry's requirements for annual registration, or failure to	1264
notify the board that the certification as a registered	1265
radiologist assistant has not been maintained;	1266

(23) Failure to comply with any of the rules of ethics	1267
included in the standards of ethics established by the American	1268
registry of radiologic technologists, as those rules apply to an	1269
individual who holds the registry's certification as a registered	1270
radiologist assistant.	1271

(C) Disciplinary actions taken by the board under divisions	1272
(A) and (B) of this section shall be taken pursuant to an	1273
adjudication under Chapter 119. of the Revised Code, except that	1274
in lieu of an adjudication, the board may enter into a consent	1275
agreement with a radiologist assistant or applicant to resolve an	1276
allegation of a violation of this chapter or any rule adopted	1277
under it. A consent agreement, when ratified by an affirmative	1278
vote of not fewer than six members of the board, shall constitute	1279
the findings and order of the board with respect to the matter	1280
addressed in the agreement. If the board refuses to ratify a	1281
consent agreement, the admissions and findings contained in the	1282
consent agreement shall be of no force or effect.	1283

(D) For purposes of divisions (B)(11), (14), and (15) of this	1284
section, the commission of the act may be established by a finding	1285
by the board, pursuant to an adjudication under Chapter 119. of	1286
the Revised Code, that the applicant or certificate holder	1287
committed the act in question. The board shall have no	1288
jurisdiction under these divisions in cases where the trial court	1289
renders a final judgment in the certificate holder's favor and	1290
that judgment is based upon an adjudication on the merits. The	1291
board shall have jurisdiction under these divisions in cases where	1292
the trial court issues an order of dismissal on technical or	1293
procedural grounds.	1294

(E) The sealing of conviction records by any court shall have	1295
no effect on a prior board order entered under the provisions of	1296
this section or on the board's jurisdiction to take action under	1297
the provisions of this section if, based upon a plea of guilty, a	1298
judicial finding of guilt, or a judicial finding of eligibility	1299
for intervention in lieu of conviction, the board issued a notice	1300
of opportunity for a hearing prior to the court's order to seal	1301
the records. The board shall not be required to seal, destroy,	1302
redact, or otherwise modify its records to reflect the court's	1303
sealing of conviction records.	1304

(F) For purposes of this division, any individual who holds a	1305
certificate to practice as a radiologist assistant issued under	1306
this chapter, or applies for a certificate to practice, shall be	1307
deemed to have given consent to submit to a mental or physical	1308
examination when directed to do so in writing by the board and to	1309
have waived all objections to the admissibility of testimony or	1310
examination reports that constitute a privileged communication.	1311

(1) In enforcing division (B)(5) of this section, the board,	1312
on a showing of a possible violation, may compel any individual	1313
who holds a certificate to practice as a radiologist assistant	1314
issued under this chapter or who has applied for a certificate to	1315
practice to submit to a mental or physical examination, or both.	1316
A physical examination may include an HIV test. The expense of	1317
the examination is the responsibility of the individual compelled	1318
to be examined. Failure to submit to a mental or physical	1319
examination or consent to an HIV test ordered by the board	1320
constitutes an admission of the allegations against the	1321
individual unless the failure is due to circumstances beyond the	1322
individual's control, and a default and final order may be entered	1323
without the taking of testimony or presentation of evidence. If	1324
the board finds a radiologist assistant unable to practice because	1325
of the reasons set forth in division (B)(5) of this section, the	1326
board shall require the radiologist assistant to submit to care,	1327
counseling, or treatment by physicians approved or designated by	1328
the board, as a condition for an initial, continued, reinstated,	1329
or renewed certificate to practice. An individual affected by	1330
this division shall be afforded an opportunity to demonstrate to	1331
the board the ability to resume practicing in compliance with	1332
acceptable and prevailing standards of care.	1333

(2) For purposes of division (B)(6) of this section, if the	1334
board has reason to believe that any individual who holds a	1335
certificate to practice as a radiologist assistant issued under	1336
this chapter or any applicant for a certificate to practice	1337
suffers such impairment, the board may compel the individual to	1338
submit to a mental or physical examination, or both. The expense	1339
of the examination is the responsibility of the individual	1340
compelled to be examined. Any mental or physical examination	1341
required under this division shall be undertaken by a treatment	1342
provider or physician qualified to conduct such examination and	1343
chosen by the board.	1344

Failure to submit to a mental or physical examination ordered	1345
by the board constitutes an admission of the allegations against	1346
the individual unless the failure is due to circumstances beyond	1347
the individual's control, and a default and final order may be	1348
entered without the taking of testimony or presentation of	1349
evidence. If the board determines that the individual's ability to	1350
practice is impaired, the board shall suspend the individual's	1351
certificate or deny the individual's application and shall require	1352
the individual, as a condition for an initial, continued,	1353
reinstated, or renewed certificate to practice, to submit to	1354
treatment.	1355

Before being eligible to apply for reinstatement of a	1356
certificate suspended under this division, the radiologist	1357
assistant shall demonstrate to the board the ability to resume	1358
practice in compliance with acceptable and prevailing standards of	1359
care. The demonstration shall include the following:	1360

(a) Certification from a treatment provider approved under	1361
section 4731.25 of the Revised Code that the individual has	1362
successfully completed any required inpatient treatment;	1363

(b) Evidence of continuing full compliance with an aftercare	1364
contract or consent agreement;	1365

(c) Two written reports indicating that the individual's	1366
ability to practice has been assessed and that the individual has	1367
been found capable of practicing according to acceptable and	1368
prevailing standards of care. The reports shall be made by	1369
individuals or providers approved by the board for making such	1370
assessments and shall describe the basis for their determination.	1371

The board may reinstate a certificate suspended under this	1372
division after such demonstration and after the individual has	1373
entered into a written consent agreement.	1374

When the impaired radiologist assistant resumes practice, the	1375
board shall require continued monitoring of the radiologist	1376
assistant. The monitoring shall include monitoring of compliance	1377
with the written consent agreement entered into before	1378
reinstatement or with conditions imposed by board order after a	1379
hearing, and, on termination of the consent agreement, submission	1380
to the board for at least two years of annual written progress	1381
reports made under penalty of falsification stating whether the	1382
radiologist assistant has maintained sobriety.	1383

(G) If the secretary and supervising member determine that	1384
there is clear and convincing evidence that a radiologist	1385
assistant has violated division (B) of this section and that the	1386
individual's continued practice presents a danger of immediate and	1387
serious harm to the public, they may recommend that the board	1388
suspend the individual's certificate to practice without a prior	1389
hearing. Written allegations shall be prepared for consideration	1390
by the board.	1391

The board, on review of the allegations and by an affirmative	1392
vote of not fewer than six of its members, excluding the secretary	1393
and supervising member, may suspend a certificate without a prior	1394
hearing. A telephone conference call may be utilized for reviewing	1395
the allegations and taking the vote on the summary suspension.	1396

The board shall issue a written order of suspension by	1397
certified mail or in person in accordance with section 119.07 of	1398
the Revised Code. The order shall not be subject to suspension by	1399
the court during pendency of any appeal filed under section 119.12	1400
of the Revised Code. If the radiologist assistant requests an	1401
adjudicatory hearing by the board, the date set for the hearing	1402
shall be within fifteen days, but not earlier than seven days,	1403
after the radiologist assistant requests the hearing, unless	1404
otherwise agreed to by both the board and the certificate holder.	1405

A summary suspension imposed under this division shall remain	1406
in effect, unless reversed on appeal, until a final adjudicative	1407
order issued by the board pursuant to this section and Chapter	1408
119. of the Revised Code becomes effective. The board shall issue	1409
its final adjudicative order within sixty days after completion of	1410
its hearing. Failure to issue the order within sixty days shall	1411
result in dissolution of the summary suspension order, but shall	1412
not invalidate any subsequent, final adjudicative order.	1413

(H) If the board takes action under division (B)(10), (12),	1414
or (13) of this section, and the judicial finding of guilt, guilty	1415
plea, or judicial finding of eligibility for intervention in lieu	1416
of conviction is overturned on appeal, on exhaustion of the	1417
criminal appeal, a petition for reconsideration of the order may	1418
be filed with the board along with appropriate court documents. On	1419
receipt of a petition and supporting court documents, the board	1420
shall reinstate the certificate to practice as a radiologist	1421
assistant. The board may then hold an adjudication under Chapter	1422
119. of the Revised Code to determine whether the individual	1423
committed the act in question. Notice of opportunity for hearing	1424
shall be given in accordance with Chapter 119. of the Revised	1425
Code. If the board finds, pursuant to an adjudication held under	1426
this division, that the individual committed the act, or if no	1427
hearing is requested, it may order any of the sanctions specified	1428
in division (B) of this section.	1429

(I) The certificate to practice of a radiologist assistant	1430
and the assistant's practice in this state are automatically	1431
suspended as of the date the radiologist assistant pleads guilty	1432
to, is found by a judge or jury to be guilty of, or is subject to	1433
a judicial finding of eligibility for intervention in lieu of	1434
conviction in this state or treatment of intervention in lieu of	1435
conviction in another jurisdiction for any of the following	1436
criminal offenses in this state or a substantially equivalent	1437
criminal offense in another jurisdiction: aggravated murder,	1438
murder, voluntary manslaughter, felonious assault, kidnapping,	1439
rape, sexual battery, gross sexual imposition, aggravated arson,	1440
aggravated robbery, or aggravated burglary. Continued practice	1441
after the suspension shall be considered practicing without a	1442
certificate.	1443

The board shall notify the individual subject to the	1444
suspension by certified mail or in person in accordance with	1445
section 119.07 of the Revised Code. If an individual whose	1446
certificate is suspended under this division fails to make a	1447
timely request for an adjudication under Chapter 119. of the	1448
Revised Code, the board shall enter a final order permanently	1449
revoking the individual's certificate to practice.	1450

(J) In any instance in which the board is required by Chapter	1451
119. of the Revised Code to give notice of opportunity for hearing	1452
and the individual subject to the notice does not timely request a	1453
hearing in accordance with section 119.07 of the Revised Code, the	1454
board is not required to hold a hearing, but may adopt, by an	1455
affirmative vote of not fewer than six of its members, a final	1456
order that contains the board's findings. In the final order, the	1457
board may order any of the sanctions identified under division (A)	1458
or (B) of this section.	1459

(K) Any action taken by the board under division (B) of this	1460
section resulting in a suspension shall be accompanied by a	1461
written statement of the conditions under which the radiologist	1462
assistant's certificate may be reinstated. The board shall adopt	1463
rules in accordance with Chapter 119. of the Revised Code	1464
governing conditions to be imposed for reinstatement.	1465
Reinstatement of a certificate suspended pursuant to division (B)	1466
of this section requires an affirmative vote of not fewer than six	1467
members of the board.	1468

(L) When the board refuses to grant a certificate to practice	1469
as a radiologist assistant to an applicant, revokes an	1470
individual's certificate, refuses to renew a certificate, or	1471
refuses to reinstate an individual's certificate, the board may	1472
specify that its action is permanent. An individual subject to a	1473
permanent action taken by the board is forever thereafter	1474
ineligible to hold a certificate to practice as a radiologist	1475
assistant and the board shall not accept an application for	1476
reinstatement of the certificate or for issuance of a new	1477
certificate.	1478

(M) Notwithstanding any other provision of the Revised Code,	1479
all of the following apply:	1480

(1) The surrender of a certificate to practice as a	1481
radiologist assistant issued under this chapter is not effective	1482
unless or until accepted by the board. Reinstatement of a	1483
certificate surrendered to the board requires an affirmative vote	1484
of not fewer than six members of the board.	1485

(2) An application made under this chapter for a certificate	1486
to practice may not be withdrawn without approval of the board.	1487

(3) Failure by an individual to renew a certificate to	1488
practice in accordance with section 4774.06 of the Revised Code	1489
shall not remove or limit the board's jurisdiction to take	1490
disciplinary action under this section against the individual.	1491

Sec. 4774.131. On receipt of a notice pursuant to section	1492
3123.43 of the Revised Code, the state medical board shall comply	1493
with sections 3123.41 to 3123.50 of the Revised Code and any	1494
applicable rules adopted under section 3123.63 of the Revised Code	1495
with respect to a certificate to practice as a radiologist	1496
assistant issued under this chapter.	1497

Sec. 4774.132. If the state medical board has reason to	1498
believe that any person who has been granted a certificate to	1499
practice as a radiologist assistant under this chapter is	1500
mentally ill or mentally incompetent, it may file in the probate	1501
court of the county in which the person has a legal residence an	1502
affidavit in the form prescribed in section 5122.11 of the Revised	1503
Code and signed by the board secretary or a member of the board	1504
secretary's staff, whereupon the same proceedings shall be had as	1505
provided in Chapter 5122. of the Revised Code. The attorney	1506
general may represent the board in any proceeding commenced under	1507
this section.	1508

If any person who has been granted a certificate to practice	1509
is adjudged by a probate court to be mentally ill or mentally	1510
incompetent, the person's certificate shall be automatically	1511
suspended until the person has filed with the state medical board	1512
a certified copy of an adjudication by a probate court of the	1513
person's subsequent restoration to competency or has submitted to	1514
the board proof, satisfactory to the board, that the person has	1515
been discharged as having a restoration to competency in the	1516
manner and form provided in section 5122.38 of the Revised Code.	1517
The judge of the probate court shall forthwith notify the state	1518
medical board of an adjudication of mental illness or mental	1519
incompetence, and shall note any suspension of a certificate in	1520
the margin of the court's record of such certificate.	1521

Sec. 4774.14. (A) The state medical board shall investigate	1522
evidence that appears to show that any person has violated this	1523
chapter or the rules adopted under it. Any person may report to	1524
the board in a signed writing any information the person has that	1525
appears to show a violation of any provision of this chapter or	1526
the rules adopted under it. In the absence of bad faith, a person	1527
who reports such information or testifies before the board in an	1528
adjudication conducted under Chapter 119. of the Revised Code	1529
shall not be liable for civil damages as a result of reporting the	1530
information or providing testimony. Each complaint or allegation	1531
of a violation received by the board shall be assigned a case	1532
number and be recorded by the board.	1533

(B) Investigations of alleged violations of this chapter or	1534
rules adopted under it shall be supervised by the supervising	1535
member elected by the board in accordance with section 4731.02 of	1536
the Revised Code and by the secretary as provided in section	1537
4774.17 of the Revised Code. The board's president may designate	1538
another member of the board to supervise the investigation in	1539
place of the supervising member. A member of the board who	1540
supervises the investigation of a case shall not participate in	1541
further adjudication of the case.	1542

(C) In investigating a possible violation of this chapter or	1543
the rules adopted under it, the board may administer oaths, order	1544
the taking of depositions, issue subpoenas, and compel the	1545
attendance of witnesses and production of books, accounts, papers,	1546
records, documents, and testimony, except that a subpoena for	1547
patient record information shall not be issued without	1548
consultation with the attorney general's office and approval of	1549
the secretary and supervising member of the board. Before issuance	1550
of a subpoena for patient record information, the secretary and	1551
supervising member shall determine whether there is probable cause	1552
to believe that the complaint filed alleges a violation of this	1553
chapter or the rules adopted under it and that the records sought	1554
are relevant to the alleged violation and material to the	1555
investigation. The subpoena may apply only to records that cover a	1556
reasonable period of time surrounding the alleged violation.	1557

On failure to comply with any subpoena issued by the board	1558
and after reasonable notice to the person being subpoenaed, the	1559
board may move for an order compelling the production of persons	1560
or records pursuant to the Rules of Civil Procedure.	1561

A subpoena issued by the board may be served by a sheriff,	1562
the sheriff's deputy, or a board employee designated by the board.	1563
Service of a subpoena issued by the board may be made by	1564
delivering a copy of the subpoena to the person named therein,	1565
reading it to the person, or leaving it at the person's usual	1566
place of residence. When the person being served is a radiologist	1567
assistant, service of the subpoena may be made by certified mail,	1568
restricted delivery, return receipt requested, and the subpoena	1569
shall be deemed served on the date delivery is made or the date	1570
the person refuses to accept delivery.	1571

A sheriff's deputy who serves a subpoena shall receive the	1572
same fees as a sheriff. Each witness who appears before the board	1573
in obedience to a subpoena shall receive the fees and mileage	1574
provided for witnesses in civil cases in the courts of common	1575
pleas.	1576

(D) All hearings and investigations of the board shall be	1577
considered civil actions for the purposes of section 2305.252 of	1578
the Revised Code.	1579

(E) Information received by the board pursuant to an	1580
investigation is confidential and not subject to discovery in any	1581
civil action.	1582

The board shall conduct all investigations and proceedings in	1583
a manner that protects the confidentiality of patients and persons	1584
who file complaints with the board. The board shall not make	1585
public the names or any other identifying information about	1586
patients or complainants unless proper consent is given.	1587

The board may share any information it receives pursuant to	1588
an investigation, including patient records and patient record	1589
information, with law enforcement agencies, other licensing	1590
boards, and other governmental agencies that are prosecuting,	1591
adjudicating, or investigating alleged violations of statutes or	1592
administrative rules. An agency or board that receives the	1593
information shall comply with the same requirements regarding	1594
confidentiality as those with which the state medical board must	1595
comply, notwithstanding any conflicting provision of the Revised	1596
Code or procedure of the agency or board that applies when it is	1597
dealing with other information in its possession. In a judicial	1598
proceeding, the information may be admitted into evidence only in	1599
accordance with the Rules of Evidence, but the court shall require	1600
that appropriate measures are taken to ensure that confidentiality	1601
is maintained with respect to any part of the information that	1602
contains names or other identifying information about patients or	1603
complainants whose confidentiality was protected by the state	1604
medical board when the information was in the board's possession.	1605
Measures to ensure confidentiality that may be taken by the court	1606
include sealing its records or deleting specific information from	1607
its records.	1608

(F) The state medical board shall develop requirements for	1609
and provide appropriate initial training and continuing education	1610
for investigators employed by the board to carry out its duties	1611
under this chapter. The training and continuing education may	1612
include enrollment in courses operated or approved by the Ohio	1613
peace officer training council that the board considers	1614
appropriate under conditions set forth in section 109.79 of the	1615
Revised Code.	1616

(G) On a quarterly basis, the board shall prepare a report	1617
that documents the disposition of all cases during the preceding	1618
three months. The report shall contain the following information	1619
for each case with which the board has completed its activities:	1620

(1) The case number assigned to the complaint or alleged	1621
violation;	1622

(2) The type of certificate, if any, held by the individual	1623
against whom the complaint is directed;	1624

(3) A description of the allegations contained in the	1625
complaint;	1626

(4) The disposition of the case.

1627

The report shall state how many cases are still pending, and	1628
shall be prepared in a manner that protects the identity of each	1629
person involved in each case. The report is a public record for	1630
purposes of section 149.43 of the Revised Code.	1631

Sec. 4774.15. (A) As used in this section, "prosecutor" has	1632
the same meaning as in section 2935.01 of the Revised Code.	1633

(B) Whenever any person holding a valid certificate to	1634
practice as a radiologist assistant issued under this chapter	1635
pleads guilty to, is subject to a judicial finding of guilt of,	1636
or is subject to a judicial finding of eligibility for	1637
intervention in lieu of conviction for a violation of Chapter	1638
2907., 2925., or 3719. of the Revised Code or of any	1639
substantively comparable ordinance of a municipal corporation in	1640
connection with the person's practice, the prosecutor in the	1641
case, on forms prescribed and provided by the state medical	1642
board, shall promptly notify the board of the conviction. Within	1643
thirty days of receipt of that information, the board shall	1644
initiate action in accordance with Chapter 119. of the Revised	1645
Code to determine whether to suspend or revoke the certificate	1646
under section 4774.13 of the Revised Code.	1647

(C) The prosecutor in any case against any person holding a	1648
valid certificate to practice issued under this chapter, on forms	1649
prescribed and provided by the state medical board, shall notify	1650
the board of any of the following:	1651

(1) A plea of guilty to, a finding of guilt by a jury or	1652
court of, or judicial finding of eligibility for intervention in	1653
lieu of conviction for a felony, or a case in which the trial	1654
court issues an order of dismissal upon technical or procedural	1655
grounds of a felony charge;	1656

(2) A plea of guilty to, a finding of guilt by a jury or	1657
court of, or judicial finding of eligibility for intervention in	1658
lieu of conviction for a misdemeanor committed in the course of	1659
practice, or a case in which the trial court issues an order of	1660
dismissal upon technical or procedural grounds of a charge of a	1661
misdemeanor, if the alleged act was committed in the course of	1662
practice;	1663

(3) A plea of guilty to, a finding of guilt by a jury or	1664
court of, or judicial finding of eligibility for intervention in	1665
lieu of conviction for a misdemeanor involving moral turpitude, or	1666
a case in which the trial court issues an order of dismissal upon	1667
technical or procedural grounds of a charge of a misdemeanor	1668
involving moral turpitude.	1669

The report shall include the name and address of the	1670
certificate holder, the nature of the offense for which the action	1671
was taken, and the certified court documents recording the action.	1672

Sec. 4774.16. (A) Within sixty days after the imposition of	1673
any formal disciplinary action taken by any health care facility,	1674
including a hospital, health care facility operated by a health	1675
insuring corporation, ambulatory surgical facility, or similar	1676
facility, against any individual holding a valid certificate to	1677
practice as a radiologist assistant, the chief administrator or	1678
executive officer of the facility shall report to the state	1679
medical board the name of the individual, the action taken by the	1680
facility, and a summary of the underlying facts leading to the	1681
action taken. On request, the board shall be provided certified	1682
copies of the patient records that were the basis for the	1683
facility's action. Prior to release to the board, the summary	1684
shall be approved by the peer review committee that reviewed the	1685
case or by the governing board of the facility.	1686

The filing of a report with the board or decision not to file	1687
a report, investigation by the board, or any disciplinary action	1688
taken by the board, does not preclude a health care facility from	1689
taking disciplinary action against a radiologist assistant.	1690

In the absence of fraud or bad faith, no individual or entity	1691
that provides patient records to the board shall be liable in	1692
damages to any person as a result of providing the records.	1693

(B) A radiologist assistant, professional association or	1694
society of radiologist assistants, physician, or professional	1695
association or society of physicians that believes a violation of	1696
any provision of this chapter, Chapter 4731. of the Revised Code,	1697
or rule of the board has occurred shall report to the board the	1698
information on which the belief is based. This division does not	1699
require any treatment provider approved by the board under section	1700
4731.25 of the Revised Code or any employee, agent, or	1701
representative of such a provider to make reports with respect to	1702
a radiologist assistant participating in treatment or aftercare	1703
for substance abuse as long as the radiologist assistant maintains	1704
participation in accordance with the requirements of section	1705
4731.25 of the Revised Code and the treatment provider or	1706
employee, agent, or representative of the provider has no reason	1707
to believe that the radiologist assistant has violated any	1708
provision of this chapter or rule adopted under it, other than	1709
being impaired by alcohol, drugs, or other substances. This	1710
division does not require reporting by any member of an impaired	1711
practitioner committee established by a health care facility or by	1712
any representative or agent of a committee or program sponsored by	1713
a professional association or society of radiologist assistants to	1714
provide peer assistance to radiologist assistants with substance	1715
abuse problems with respect to a radiologist assistant who has	1716
been referred for examination to a treatment program approved by	1717
the board under section 4731.25 of the Revised Code if the	1718
radiologist assistant cooperates with the referral for examination	1719
and with any determination that the radiologist assistant should	1720
enter treatment and as long as the committee member,	1721
representative, or agent has no reason to believe that the	1722
radiologist assistant has ceased to participate in the treatment	1723
program in accordance with section 4731.25 of the Revised Code or	1724
has violated any provision of this chapter or rule adopted under	1725
it, other than being impaired by alcohol, drugs, or other	1726
substances.	1727

(C) Any professional association or society composed	1728
primarily of radiologist assistants that suspends or revokes an	1729
individual's membership for violations of professional ethics, or	1730
for reasons of professional incompetence or professional	1731
malpractice, within sixty days after a final decision, shall	1732
report to the board, on forms prescribed and provided by the	1733
board, the name of the individual, the action taken by the	1734
professional organization, and a summary of the underlying facts	1735
leading to the action taken.	1736

The filing of a report with the board or decision not to file	1737
a report, investigation by the board, or any disciplinary action	1738
taken by the board, does not preclude a professional organization	1739
from taking disciplinary action against a radiologist assistant.	1740

(D) Any insurer providing professional liability insurance to	1741
any person holding a valid certificate to practice as a	1742
radiologist assistant or any other entity that seeks to indemnify	1743
the professional liability of a radiologist assistant shall notify	1744
the board within thirty days after the final disposition of any	1745
written claim for damages where such disposition results in a	1746
payment exceeding twenty-five thousand dollars. The notice shall	1747
contain the following information:	1748

(1) The name and address of the person submitting the	1749
notification;	1750

(2) The name and address of the insured who is the subject of	1751
the claim;	1752

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

1753

(4) The date of final disposition;

1754

(5) If applicable, the identity of the court in which the	1755
final disposition of the claim took place.	1756

(E) The board may investigate possible violations of this	1757
chapter or the rules adopted under it that are brought to its	1758
attention as a result of the reporting requirements of this	1759
section, except that the board shall conduct an investigation if a	1760
possible violation involves repeated malpractice. As used in this	1761
division, "repeated malpractice" means three or more claims for	1762
malpractice within the previous five-year period, each resulting	1763
in a judgment or settlement in excess of twenty-five thousand	1764
dollars in favor of the claimant, and each involving negligent	1765
conduct by the radiologist assistant.	1766

(F) All summaries, reports, and records received and	1767
maintained by the board pursuant to this section shall be held in	1768
confidence and shall not be subject to discovery or introduction	1769
in evidence in any federal or state civil action involving a	1770
radiologist assistant, supervising physician, or health care	1771
facility arising out of matters that are the subject of the	1772
reporting required by this section. The board may use the	1773
information obtained only as the basis for an investigation, as	1774
evidence in a disciplinary hearing against a radiologist assistant	1775
or supervising radiologist, or in any subsequent trial or appeal	1776
of a board action or order.	1777

The board may disclose the summaries and reports it receives	1778
under this section only to health care facility committees within	1779
or outside this state that are involved in credentialing or	1780
recredentialing a radiologist assistant or supervising radiologist	1781
or reviewing their privilege to practice within a particular	1782
facility. The board shall indicate whether or not the information	1783
has been verified. Information transmitted by the board shall be	1784
subject to the same confidentiality provisions as when maintained	1785
by the board.	1786

(G) Except for reports filed by an individual pursuant to	1787
division (B) of this section, the board shall send a copy of any	1788
reports or summaries it receives pursuant to this section to the	1789
radiologist assistant. The radiologist assistant shall have the	1790
right to file a statement with the board concerning the	1791
correctness or relevance of the information. The statement shall	1792
at all times accompany that part of the record in contention.	1793

(H) An individual or entity that reports to the board or	1794
refers an impaired radiologist assistant to a treatment provider	1795
approved by the board under section 4731.25 of the Revised Code	1796
shall not be subject to suit for civil damages as a result of the	1797
report, referral, or provision of the information.	1798

(I) In the absence of fraud or bad faith, a professional	1799
association or society of radiologist assistants that sponsors a	1800
committee or program to provide peer assistance to a radiologist	1801
assistant with substance abuse problems, a representative or agent	1802
of such a committee or program, and a member of the state medical	1803
board shall not be held liable in damages to any person by reason	1804
of actions taken to refer a radiologist assistant to a treatment	1805
provider approved under section 4731.25 of the Revised Code for	1806
examination or treatment.	1807

Sec. 4774.17. The secretary of the state medical board shall	1808
enforce the laws relating to the practice of radiologist	1809
assistants. If the secretary has knowledge or notice of a	1810
violation of this chapter or the rules adopted under it, the	1811
secretary shall investigate the matter, and, upon probable cause	1812
appearing, file a complaint and prosecute the offender. When	1813
requested by the secretary, the prosecuting attorney of the proper	1814
county shall take charge of and conduct the prosecution.	1815

Sec. 4774.18. The attorney general, the prosecuting attorney	1816
of any county in which the offense was committed or the offender	1817
resides, the state medical board, or any other person having	1818
knowledge of a person engaged either directly or by complicity in	1819
practicing as a radiologist assistant without having first	1820
obtained under this chapter a certificate to practice as a	1821
radiologist assistant, may, in accordance with provisions of the	1822
Revised Code governing injunctions, maintain an action in the	1823
name of the state to enjoin any person from engaging either	1824
directly or by complicity in unlawfully practicing as a	1825
radiologist assistant by applying for an injunction in any court	1826
of competent jurisdiction.	1827

Prior to application for an injunction, the secretary of the	1828
state medical board shall notify the person allegedly engaged	1829
either directly or by complicity in the unlawful practice by	1830
registered mail that the secretary has received information	1831
indicating that this person is so engaged. The person shall answer	1832
the secretary within thirty days showing that the person is either	1833
properly licensed for the stated activity or that the person is	1834
not in violation of this chapter. If the answer is not forthcoming	1835
within thirty days after notice by the secretary, the secretary	1836
shall request that the attorney general, the prosecuting attorney	1837
of the county in which the offense was committed or the offender	1838
resides, or the state medical board proceed as authorized in this	1839
section.	1840

Upon the filing of a verified petition in court, the court	1841
shall conduct a hearing on the petition and shall give the same	1842
preference to this proceeding as is given all proceedings under	1843
Chapter 119. of the Revised Code, irrespective of the position of	1844
the proceeding on the calendar of the court.	1845

Injunction proceedings shall be in addition to, and not in	1846
lieu of, all penalties and other remedies provided in this	1847
chapter.	1848

Sec. 4774.20. The state medical board, subject to the	1849
approval of the controlling board, may establish fees in excess of	1850
the amounts specified in this chapter, except that the fees may	1851
not exceed the specified amounts by more than fifty per cent.	1852

All fees, penalties, and other funds received by the board	1853
under this chapter shall be deposited in accordance with section	1854
4731.24 of the Revised Code.	1855

Sec. 4774.21. In the absence of fraud or bad faith, the	1856
state medical board, a current or former board member, an agent of	1857
the board, a person formally requested by the board to be the	1858
board's representative, or an employee of the board shall not be	1859
held liable in damages to any person as the result of any act,	1860
omission, proceeding, conduct, or decision related to official	1861
duties undertaken or performed pursuant to this chapter. If any	1862
such person asks to be defended by the state against any claim or	1863
action arising out of any act, omission, proceeding, conduct, or	1864
decision related to the person's official duties, and if the	1865
request is made in writing at a reasonable time before trial and	1866
the person requesting defense cooperates in good faith in the	1867
defense of the claim or action, the state shall provide and pay	1868
for the person's defense and shall pay any resulting judgment,	1869
compromise, or settlement. At no time shall the state pay any part	1870
of a claim or judgment that is for punitive or exemplary damages.	1871

Sec. 4774.99. (A) Whoever violates division (A)(1) or (2) of	1872
section 4774.02 of the Revised Code is guilty of a misdemeanor of	1873
the first degree on a first offense; on each subsequent offense,	1874
the person is guilty of a felony of the fourth degree.	1875

(B) Whoever violates division (A), (B), (C), or (D) of	1876
section 4774.16 of the Revised Code is guilty of a minor	1877
misdemeanor on a first offense; on each subsequent offense the	1878
person is guilty of a misdemeanor of the fourth degree, except	1879
that an individual guilty of a subsequent offense shall not be	1880
subject to imprisonment, but to a fine alone of up to one thousand	1881
dollars for each offense.	1882

Section 2. That existing sections 4731.051, 4731.07, 4731.22,	1883
4731.224, 4731.24, and 4731.25 of the Revised Code are hereby	1884
repealed.	1885

Section 3. Section 4774.02 of the Revised Code, as enacted by	1886
this act, shall take effect nine months after the effective date	1887
of this act.	1888

Section 4. Not later than six months after the effective date	1889
of this act, the State Medical Board shall do both of the	1890
following:	1891

(A) Adopt all rules necessary to implement Chapter 4774. of	1892
the Revised Code, as enacted by this act;	1893

(B) Implement all procedures necessary to accept applications	1894
from individuals seeking to obtain certificates to practice as	1895
radiologist assistants, process the applications, and issue the	1896
certificates.	1897