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 |
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 |
(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 |
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 |
(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 |
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 |
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 |
(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 |
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 |
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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(D) A certificate to practice that is not renewed on or | 1043 |
before its expiration date is automatically
suspended on
its | 1044 |
expiration date, subject to the provisions of section 119.06 of | 1045 |
the Revised Code specifying that an applicant who appropriately | 1046 |
files a renewal application is not required to discontinue | 1047 |
practicing merely because the board has failed to act on the | 1048 |
application. If a certificate has been suspended pursuant
to | 1049 |
this division for two years or less, the
board shall reinstate
| 1050 |
the
certificate upon an
applicant's
submission of a renewal | 1051 |
application, the biennial
renewal fee, and the applicable | 1052 |
monetary penalty.
The penalty for
reinstatement is twenty-five | 1053 |
dollars. If a certificate
has
been suspended pursuant to this | 1054 |
division for more
than
two years, it may be restored upon an | 1055 |
applicant's submission
of a restoration application, the biennial | 1056 |
renewal fee, and
the applicable monetary penalty and
compliance | 1057 |
with sections
4776.01 to 4776.04 of the Revised Code.
The board | 1058 |
shall not
restore a certificate unless the
board, in
its | 1059 |
discretion, decides that the results of the
criminal records | 1060 |
check
do not make the applicant ineligible for a
certificate | 1061 |
issued
pursuant to section 4774.04 of the Revised
Code. The | 1062 |
penalty for
restoration is fifty dollars. | 1063 |
In the case of an individual who is a student participating | 1093 |
in an advanced academic program that must be completed to receive | 1094 |
a certificate to practice as a radiologist assistant, as those | 1095 |
programs are described in division (B)(3) of section 4774.03 of | 1096 |
the Revised Code, when the individual is providing direct patient | 1097 |
care or is otherwise involved with direct patient care under the | 1098 |
program, the individual shall display in an appropriate manner the | 1099 |
title "student radiologist assistant" or another appropriate | 1100 |
designation as a means of identifying the individual as a student | 1101 |
participating in the program. | 1102 |
(1) Except as provided in divisions (B)(2) and (3) of this | 1110 |
section,
the supervising radiologist shall
provide on-site | 1111 |
supervision of the radiologist assistant. The supervision shall be | 1112 |
provided by being physically present in the
same location as
the | 1113 |
radiologist assistant. The provision of
on-site supervision
does | 1114 |
not necessarily require that the
supervising radiologist be
in | 1115 |
the same room as the radiologist
assistant. On-site supervision | 1116 |
shall be provided when the radiologist assistant performs a | 1117 |
radiologic procedure on a patient who is under minimal sedation. | 1118 |
(2) When the radiologist assistant performs a radiologic | 1119 |
procedure on a patient who is under general anesthesia, deep | 1120 |
sedation,
deep analgesia, moderate
sedation, or moderate | 1121 |
analgesia, the supervising radiologist shall provide direct | 1122 |
supervision. The supervision shall be provided by being | 1123 |
physically present in the same room as the
radiologist assistant, | 1124 |
with the radiologist assistant in the
actual sight of the | 1125 |
supervising radiologist when the radiologist
assistant is | 1126 |
performing the radiologic procedure. | 1127 |
(B) The board, by an affirmative
vote of not fewer than six | 1170 |
members, shall, to the extent
permitted by law, limit, revoke, or | 1171 |
suspend an individual's
certificate to practice as a
radiologist | 1172 |
assistant, refuse to
issue a certificate to an
applicant, refuse | 1173 |
to reinstate a
certificate, or reprimand or
place on probation | 1174 |
the holder
of a certificate
for any of the
following reasons: | 1175 |
As used in this division,
"false, fraudulent, deceptive, or | 1201 |
misleading statement" means a
statement that includes a | 1202 |
misrepresentation of fact, is likely to
mislead or deceive because | 1203 |
of a failure to disclose material
facts, is intended or is likely | 1204 |
to create false or unjustified
expectations of favorable results, | 1205 |
or includes representations or
implications that in reasonable | 1206 |
probability will cause an
ordinarily prudent person to | 1207 |
misunderstand or be deceived. | 1208 |
(17) Any of the following actions taken by the
state agency | 1235 |
responsible for regulating the practice of radiologist
assistants | 1236 |
in another
jurisdiction, for any reason other than the
nonpayment | 1237 |
of fees: the limitation, revocation, or suspension of
an | 1238 |
individual's
license to practice; acceptance of an
individual's | 1239 |
license surrender; denial of a license; refusal to
renew or | 1240 |
reinstate a license; imposition of probation; or issuance of an | 1241 |
order
of censure or other reprimand; | 1242 |
(20) Failure to cooperate in an investigation conducted by | 1248 |
the board under section 4774.14 of the Revised
Code, including | 1249 |
failure to comply with a subpoena or
order issued by the board or | 1250 |
failure to answer truthfully a
question presented by the board at | 1251 |
a deposition or in written
interrogatories, except that failure to | 1252 |
cooperate with an
investigation shall not constitute grounds for | 1253 |
discipline under
this section if a court of competent jurisdiction | 1254 |
has issued an
order that either quashes a subpoena or permits the | 1255 |
individual
to withhold the testimony or evidence in issue; | 1256 |
(C) Disciplinary actions taken by the board under divisions | 1271 |
(A) and (B) of this section shall be taken pursuant to an | 1272 |
adjudication under
Chapter 119. of the Revised Code, except that | 1273 |
in
lieu of an adjudication,
the board may enter into a consent | 1274 |
agreement
with a radiologist assistant or applicant to resolve an | 1275 |
allegation of a violation of this chapter or any rule adopted | 1276 |
under it. A consent agreement, when ratified by an
affirmative | 1277 |
vote of not fewer than six members of the board,
shall constitute | 1278 |
the findings and order of the board with
respect to the matter | 1279 |
addressed in the agreement. If the board
refuses to ratify a | 1280 |
consent agreement, the admissions and
findings contained in the | 1281 |
consent agreement shall be of no force
or effect. | 1282 |
(D) For purposes of divisions (B)(11), (14), and (15) of
this | 1283 |
section, the commission of the act may be established by a
finding | 1284 |
by the board, pursuant to an
adjudication under Chapter 119. of | 1285 |
the Revised Code, that the applicant
or certificate holder | 1286 |
committed the act in question. The board shall have no | 1287 |
jurisdiction under these divisions in cases where the trial court | 1288 |
renders a final judgment in the certificate holder's favor and | 1289 |
that judgment is based upon an adjudication on the merits. The | 1290 |
board shall have jurisdiction under these divisions in cases
where | 1291 |
the trial court issues an order of dismissal on technical
or | 1292 |
procedural grounds. | 1293 |
(E) The sealing of conviction records by any court shall have | 1294 |
no effect on a prior board order entered under the provisions of | 1295 |
this
section or on the board's jurisdiction to take action under | 1296 |
the
provisions of this section if, based upon a plea of
guilty,
a | 1297 |
judicial finding of guilt, or a judicial finding of eligibility | 1298 |
for intervention in
lieu of conviction, the board issued a notice | 1299 |
of opportunity for
a hearing prior to the court's order to seal | 1300 |
the records. The board
shall not be required to seal, destroy, | 1301 |
redact, or
otherwise modify its records to reflect the court's | 1302 |
sealing of
conviction records. | 1303 |
(1) In enforcing division (B)(5) of this
section, the board, | 1311 |
on a showing of a possible violation, may
compel any individual | 1312 |
who holds a certificate to practice as a radiologist assistant | 1313 |
issued under this chapter
or who has applied for a certificate to | 1314 |
practice to submit to a mental
or physical examination, or
both. | 1315 |
A physical
examination may include an HIV test. The expense
of | 1316 |
the examination is the responsibility of
the individual
compelled | 1317 |
to be examined. Failure to submit to a mental or
physical | 1318 |
examination or consent to an HIV
test ordered by the
board | 1319 |
constitutes an admission of
the allegations against the | 1320 |
individual unless the failure is due to
circumstances beyond the | 1321 |
individual's control, and a default and final order
may be entered | 1322 |
without the taking of testimony or presentation of
evidence. If | 1323 |
the board finds a radiologist assistant unable to
practice because | 1324 |
of the reasons set forth in division
(B)(5) of this section, the | 1325 |
board shall require the radiologist assistant to submit to care, | 1326 |
counseling, or treatment by physicians approved or designated by | 1327 |
the board, as a condition for an initial, continued, reinstated, | 1328 |
or renewed certificate to practice. An individual affected
by | 1329 |
this division shall be afforded an opportunity to
demonstrate to | 1330 |
the board the ability to resume practicing in compliance with | 1331 |
acceptable and prevailing standards of care. | 1332 |
(2) For purposes of division (B)(6) of this
section, if the | 1333 |
board has reason to believe that any individual
who holds a | 1334 |
certificate to practice as a radiologist assistant issued under | 1335 |
this chapter
or any
applicant for a certificate to practice | 1336 |
suffers such
impairment, the board may compel the individual to | 1337 |
submit to a
mental or physical examination, or both. The expense | 1338 |
of the
examination is the
responsibility of the
individual | 1339 |
compelled to
be examined. Any mental or
physical
examination | 1340 |
required under
this division shall be undertaken by a
treatment | 1341 |
provider or
physician qualified to conduct such
examination and | 1342 |
chosen by the
board. | 1343 |
Failure to submit to a mental or
physical examination ordered | 1344 |
by
the board constitutes an
admission of the allegations against | 1345 |
the individual unless the failure is
due to circumstances beyond | 1346 |
the individual's control, and a
default and final order may be | 1347 |
entered without the taking of
testimony or presentation of | 1348 |
evidence. If the board determines
that the individual's ability to | 1349 |
practice is impaired, the board
shall suspend the individual's | 1350 |
certificate or deny the individual's
application and shall
require | 1351 |
the individual, as a condition for an initial, continued, | 1352 |
reinstated, or renewed certificate to practice, to submit to | 1353 |
treatment. | 1354 |
When the impaired radiologist assistant resumes practice,
the | 1374 |
board shall require continued monitoring of the radiologist | 1375 |
assistant. The
monitoring shall include monitoring of
compliance | 1376 |
with the written
consent agreement entered into before | 1377 |
reinstatement or with
conditions imposed by board order after a | 1378 |
hearing, and, on
termination of the consent agreement, submission | 1379 |
to the board for
at least two years of annual written progress | 1380 |
reports made under
penalty of falsification stating whether the | 1381 |
radiologist assistant has
maintained sobriety. | 1382 |
The board shall issue a written order of suspension by | 1396 |
certified mail or in person in accordance with section 119.07 of | 1397 |
the Revised Code. The order shall not be
subject to suspension by | 1398 |
the court during pendency of any appeal
filed under section 119.12 | 1399 |
of the Revised
Code. If the radiologist assistant requests an | 1400 |
adjudicatory
hearing by the board, the date set for the hearing | 1401 |
shall be
within fifteen days, but not earlier than seven days, | 1402 |
after the
radiologist assistant requests the hearing, unless | 1403 |
otherwise
agreed to by both the board and the certificate holder. | 1404 |
A summary suspension imposed under this division shall
remain | 1405 |
in effect, unless reversed on appeal, until a final
adjudicative | 1406 |
order issued by the board pursuant to this section
and Chapter | 1407 |
119. of the Revised Code
becomes effective. The board shall issue | 1408 |
its final adjudicative
order within sixty days after completion of | 1409 |
its hearing. Failure to issue the
order within sixty days shall | 1410 |
result in
dissolution of the summary suspension order, but shall | 1411 |
not
invalidate any subsequent, final adjudicative order. | 1412 |
(H) If the board takes
action under
division (B)(11), (13), | 1413 |
or (14) of this section, and the
judicial finding of guilt, guilty | 1414 |
plea,
or
judicial finding of eligibility for intervention in lieu | 1415 |
of conviction is
overturned on appeal, on exhaustion of the | 1416 |
criminal appeal, a
petition for reconsideration of the order may | 1417 |
be filed with the
board along with appropriate court documents. On | 1418 |
receipt of
a petition and supporting court documents, the board | 1419 |
shall
reinstate the certificate to practice as a radiologist | 1420 |
assistant. The
board may
then hold an adjudication under Chapter | 1421 |
119. of the
Revised Code
to determine whether the
individual | 1422 |
committed the act in question.
Notice of
opportunity for hearing | 1423 |
shall be given in accordance
with
Chapter 119. of the Revised | 1424 |
Code. If the
board finds,
pursuant to an adjudication held under | 1425 |
this division, that the
individual committed the act, or if no | 1426 |
hearing is requested, it
may order any of the sanctions
specified | 1427 |
in division (B) of this
section. | 1428 |
(I) The certificate to practice of a
radiologist
assistant | 1429 |
and
the assistant's practice in this state are
automatically | 1430 |
suspended
as of the date the radiologist assistant
pleads guilty | 1431 |
to, is found by a
judge
or jury to be guilty of, or
is subject to | 1432 |
a judicial finding of eligibility
for intervention
in lieu of | 1433 |
conviction in this state or treatment of
intervention
in lieu of | 1434 |
conviction in another jurisdiction for any of the
following | 1435 |
criminal offenses in this state or a
substantially
equivalent | 1436 |
criminal offense in another
jurisdiction: aggravated
murder, | 1437 |
murder, voluntary
manslaughter, felonious assault,
kidnapping, | 1438 |
rape, sexual
battery, gross sexual imposition,
aggravated arson, | 1439 |
aggravated
robbery, or aggravated burglary.
Continued
practice | 1440 |
after the suspension
shall be considered
practicing without a | 1441 |
certificate. | 1442 |
(J) In any instance in which the board is required
by Chapter | 1450 |
119. of the Revised Code to give notice of
opportunity for hearing | 1451 |
and the
individual subject to the notice does not timely request a | 1452 |
hearing in
accordance with section
119.07 of the Revised Code, the | 1453 |
board is not required
to hold a hearing, but may adopt, by an | 1454 |
affirmative vote of
not fewer than
six of its members, a final | 1455 |
order that contains the board's
findings. In the final order, the | 1456 |
board may order any of the
sanctions identified under division (A) | 1457 |
or (B) of this
section. | 1458 |
(L) When the board
refuses to grant a certificate to practice | 1468 |
as a
radiologist assistant to an applicant,
revokes
an | 1469 |
individual's certificate, refuses to renew a
certificate,
or | 1470 |
refuses to reinstate an
individual's certificate, the board may | 1471 |
specify
that its action is
permanent. An individual subject to a | 1472 |
permanent
action taken by
the board is forever thereafter | 1473 |
ineligible to hold
a certificate
to practice as a radiologist | 1474 |
assistant and the
board shall not
accept an
application for | 1475 |
reinstatement of the
certificate or for issuance
of a new | 1476 |
certificate. | 1477 |
Sec. 4774.132. If the state medical board has reason to | 1497 |
believe that any person who has been granted a certificate to | 1498 |
practice as
a radiologist assistant under
this chapter is | 1499 |
mentally ill or mentally
incompetent, it may file in the probate | 1500 |
court of the county in
which the person has a legal residence an | 1501 |
affidavit in the form
prescribed in section 5122.11 of the Revised | 1502 |
Code and signed by
the board secretary or a member of the board | 1503 |
secretary's
staff, whereupon the same
proceedings shall be had as | 1504 |
provided in Chapter 5122. of the
Revised Code. The attorney | 1505 |
general may represent the board
in
any proceeding commenced under | 1506 |
this section. | 1507 |
If any person who has been granted a certificate to practice | 1508 |
is
adjudged by a probate court to be mentally ill or
mentally | 1509 |
incompetent, the person's certificate shall be
automatically | 1510 |
suspended
until the person has filed with the state
medical board | 1511 |
a
certified copy of an adjudication by a probate
court of the | 1512 |
person's
subsequent restoration to competency or has
submitted to | 1513 |
the
board proof, satisfactory to the board, that the
person has | 1514 |
been
discharged as having a restoration to competency
in the | 1515 |
manner
and form provided in section 5122.38 of the Revised
Code. | 1516 |
The
judge of the probate court shall forthwith notify the
state | 1517 |
medical
board of an adjudication of mental illness or mental | 1518 |
incompetence, and shall
note any
suspension of a certificate in | 1519 |
the margin of the court's record
of such certificate. | 1520 |
Sec. 4774.14. (A) The state medical board
shall investigate | 1521 |
evidence that appears to show that any person
has violated this | 1522 |
chapter or the rules adopted under it. Any person
may report to | 1523 |
the board in a signed writing any information the
person has that | 1524 |
appears to show a violation of any provision of
this chapter or | 1525 |
the rules adopted under it. In the absence of bad faith, a
person | 1526 |
who reports such information or testifies before the board in an | 1527 |
adjudication conducted under Chapter 119. of the Revised Code | 1528 |
shall not be liable for civil damages as a
result of reporting the | 1529 |
information or providing testimony. Each
complaint or allegation | 1530 |
of a violation received by
the board shall be assigned a case | 1531 |
number and be recorded by the
board. | 1532 |
(B) Investigations of alleged violations of this chapter or | 1533 |
rules adopted under it shall be supervised by the supervising | 1534 |
member elected by the board in accordance with section 4731.02
of | 1535 |
the Revised Code and by the secretary as provided
in section | 1536 |
4774.17 of the Revised Code. The board's
president may designate | 1537 |
another member of the board to supervise
the investigation in | 1538 |
place of the supervising member. A member
of the board who | 1539 |
supervises the investigation of a case shall
not participate in | 1540 |
further adjudication of the case. | 1541 |
(C) In investigating a possible violation of this chapter or | 1542 |
the rules adopted under it, the board may administer oaths, order | 1543 |
the taking of depositions, issue subpoenas, and compel the | 1544 |
attendance of witnesses and production of books, accounts,
papers, | 1545 |
records, documents, and testimony, except that a subpoena
for | 1546 |
patient record information shall not be issued without | 1547 |
consultation with the attorney general's office and approval of | 1548 |
the secretary and supervising member of the board. Before
issuance | 1549 |
of a
subpoena for patient record
information, the
secretary and | 1550 |
supervising
member shall determine whether there is
probable cause | 1551 |
to
believe that the complaint filed alleges a
violation of this | 1552 |
chapter or the rules adopted under it and that
the records sought | 1553 |
are relevant to the alleged violation and
material to the | 1554 |
investigation. The subpoena may apply only to
records
that cover a | 1555 |
reasonable period of
time surrounding the
alleged violation. | 1556 |
A subpoena issued by the board may be served by a sheriff, | 1561 |
the sheriff's deputy, or a board employee designated by the
board. | 1562 |
Service of a
subpoena issued by the board may be made by | 1563 |
delivering a copy of the subpoena
to the person named therein, | 1564 |
reading it to the person, or leaving it at
the person's usual | 1565 |
place of residence. When the person being
served is a
radiologist | 1566 |
assistant, service of the subpoena may be
made by
certified mail, | 1567 |
restricted delivery, return receipt
requested, and
the subpoena | 1568 |
shall be deemed served on the date
delivery is made
or the date | 1569 |
the person refuses to accept
delivery. | 1570 |
The board may
share any information it receives pursuant to | 1587 |
an investigation, including
patient records and patient record | 1588 |
information, with law enforcement agencies,
other licensing | 1589 |
boards,
and other governmental agencies
that are prosecuting, | 1590 |
adjudicating, or investigating alleged
violations of statutes or | 1591 |
administrative rules. An
agency or board that receives the | 1592 |
information shall comply with the
same requirements regarding | 1593 |
confidentiality as those with which the state
medical board must | 1594 |
comply, notwithstanding any conflicting provision
of the Revised | 1595 |
Code
or procedure of the agency or board that applies when it is | 1596 |
dealing with other information in its possession. In a judicial | 1597 |
proceeding,
the information may
be admitted into evidence only in | 1598 |
accordance with
the Rules of Evidence, but the court shall require | 1599 |
that appropriate measures are taken to ensure that confidentiality | 1600 |
is
maintained with respect to any part of the information that | 1601 |
contains names or
other identifying information about patients or | 1602 |
complainants whose
confidentiality was protected by the state | 1603 |
medical board when the information
was in the board's possession. | 1604 |
Measures to ensure confidentiality that may be
taken by the court | 1605 |
include sealing its records or deleting specific information from | 1606 |
its
records. | 1607 |
(B) Whenever any person holding a valid certificate to | 1633 |
practice as a radiologist assistant issued
under this chapter | 1634 |
pleads guilty to, is
subject to a judicial finding of guilt of, | 1635 |
or
is subject to a
judicial finding of eligibility for | 1636 |
intervention in lieu of
conviction for a violation of Chapter | 1637 |
2907., 2925., or 3719.
of
the Revised Code
or of any | 1638 |
substantively comparable ordinance of a
municipal
corporation in | 1639 |
connection with the person's practice,
the
prosecutor in
the | 1640 |
case, on forms prescribed and provided by
the state
medical | 1641 |
board, shall promptly notify the board of the
conviction. Within | 1642 |
thirty days of receipt of that
information, the
board
shall | 1643 |
initiate action in accordance with Chapter 119.
of the
Revised | 1644 |
Code to determine whether to suspend or revoke the
certificate | 1645 |
under section 4774.13 of the Revised Code. | 1646 |
Sec. 4774.16. (A) Within sixty days after
the imposition of | 1672 |
any formal disciplinary
action taken by any health care facility, | 1673 |
including
a hospital, health care facility operated by a health | 1674 |
insuring
corporation, ambulatory surgical facility, or similar | 1675 |
facility, against any
individual holding a valid certificate to | 1676 |
practice as a
radiologist assistant, the chief administrator
or | 1677 |
executive officer of
the facility
shall
report to the state | 1678 |
medical board the name of the
individual, the action taken by the | 1679 |
facility, and a summary of the
underlying facts leading to the | 1680 |
action taken. On request, the board shall
be provided certified | 1681 |
copies of the patient records that were the
basis for the | 1682 |
facility's
action. Prior to release to the board, the summary | 1683 |
shall be
approved by the peer review committee that reviewed the | 1684 |
case or
by the governing board of the facility. | 1685 |
(B) A radiologist assistant, professional association
or | 1693 |
society of radiologist assistants,
physician, or professional | 1694 |
association or society of
physicians that believes a violation of | 1695 |
any provision of this chapter, Chapter 4731.
of the Revised Code, | 1696 |
or rule of the
board has
occurred shall report to the board the | 1697 |
information
on which the belief is based. This division does not | 1698 |
require
any treatment provider approved
by the board under section | 1699 |
4731.25 of the Revised
Code or any employee, agent, or | 1700 |
representative of such a
provider to make reports with respect to | 1701 |
a radiologist assistant
participating in treatment or aftercare | 1702 |
for substance abuse
as long as the radiologist assistant
maintains | 1703 |
participation in accordance with the
requirements of section | 1704 |
4731.25 of the Revised
Code and the treatment provider or | 1705 |
employee, agent, or representative of the provider has no reason | 1706 |
to
believe that the radiologist assistant has violated any | 1707 |
provision of this chapter or rule adopted under it, other than | 1708 |
being impaired by alcohol, drugs, or other substances. This | 1709 |
division does not require reporting by any member of an impaired | 1710 |
practitioner committee established by a health care
facility or by | 1711 |
any representative or agent of a committee or program
sponsored by | 1712 |
a
professional association or society of radiologist assistants to | 1713 |
provide
peer
assistance to radiologist assistants with substance | 1714 |
abuse problems
with respect to a radiologist assistant who has | 1715 |
been referred for
examination to a treatment program approved by | 1716 |
the board under
section 4731.25 of the Revised Code if the | 1717 |
radiologist assistant cooperates with the referral for examination | 1718 |
and with any determination that the radiologist assistant should | 1719 |
enter
treatment and as
long as the committee member, | 1720 |
representative, or agent has no
reason to believe that the | 1721 |
radiologist assistant has ceased to
participate in the treatment | 1722 |
program in accordance with section
4731.25 of the Revised Code or | 1723 |
has violated any
provision of this chapter or rule adopted under | 1724 |
it, other than
being impaired by alcohol, drugs, or other | 1725 |
substances. | 1726 |
(C) Any professional association or society composed | 1727 |
primarily
of radiologist assistants that suspends or revokes an | 1728 |
individual's
membership for violations of professional ethics,
or | 1729 |
for reasons of professional incompetence or professional | 1730 |
malpractice, within sixty days after a final decision, shall | 1731 |
report to the board, on forms prescribed and provided by the | 1732 |
board, the name of the individual, the action taken by
the | 1733 |
professional organization,
and a summary of the underlying facts | 1734 |
leading to the action
taken. | 1735 |
(E) The board may investigate possible violations of
this | 1756 |
chapter or the rules adopted under it that are brought to its | 1757 |
attention
as a result of the
reporting
requirements of this | 1758 |
section, except that the board shall
conduct an investigation if a | 1759 |
possible violation involves repeated
malpractice. As used in this | 1760 |
division,
"repeated malpractice" means three or more claims for | 1761 |
malpractice within the previous five-year period, each
resulting | 1762 |
in a judgment or settlement in excess of twenty-five thousand | 1763 |
dollars in favor of the claimant, and each involving negligent | 1764 |
conduct by the radiologist assistant. | 1765 |
(F) All summaries, reports, and records
received and | 1766 |
maintained by the board pursuant to this section
shall be held in | 1767 |
confidence and shall not be subject to discovery
or introduction | 1768 |
in evidence in any federal or state civil action
involving a | 1769 |
radiologist assistant, supervising physician, or health care | 1770 |
facility arising out of
matters that are the subject of the | 1771 |
reporting required by this
section. The board may use the | 1772 |
information
obtained only as the basis for
an investigation, as | 1773 |
evidence in a disciplinary hearing against
a radiologist assistant | 1774 |
or supervising radiologist, or in any subsequent
trial or
appeal | 1775 |
of a
board action or order. | 1776 |
(I) In the absence of fraud or bad faith, a
professional | 1798 |
association or society of radiologist assistants that
sponsors a | 1799 |
committee or program to provide peer assistance to
a radiologist | 1800 |
assistant with substance abuse problems, a representative
or
agent | 1801 |
of such a committee or program, and a member of the state
medical | 1802 |
board shall not be held liable in damages to any person by
reason | 1803 |
of actions taken to refer a radiologist assistant to a
treatment | 1804 |
provider approved under section 4731.25 of the
Revised Code for | 1805 |
examination or treatment. | 1806 |
Sec. 4774.17. The secretary of the state medical
board shall | 1807 |
enforce the laws relating to the
practice of radiologist | 1808 |
assistants. If the secretary has knowledge or
notice
of a | 1809 |
violation of this chapter or the rules adopted under it, the | 1810 |
secretary
shall investigate the matter, and, upon probable cause | 1811 |
appearing,
file a complaint and prosecute the offender. When | 1812 |
requested by
the secretary, the prosecuting attorney of the proper | 1813 |
county
shall take charge of and conduct the prosecution. | 1814 |
Sec. 4774.18. The
attorney general, the prosecuting attorney | 1815 |
of any county in which
the offense was committed or the offender | 1816 |
resides, the state
medical board, or any other person having | 1817 |
knowledge of a person
engaged either directly or by complicity in | 1818 |
practicing as a radiologist
assistant
without having first | 1819 |
obtained
under this chapter a certificate to practice as a | 1820 |
radiologist assistant,
may, in
accordance with provisions of the | 1821 |
Revised Code
governing
injunctions, maintain an action in the | 1822 |
name of the
state to enjoin
any person from engaging either | 1823 |
directly or by
complicity in
unlawfully practicing
as a | 1824 |
radiologist assistant by
applying for
an injunction in any court | 1825 |
of competent
jurisdiction. | 1826 |
Prior to application for an injunction, the secretary of
the | 1827 |
state medical board shall notify the person allegedly engaged | 1828 |
either
directly or by complicity in the unlawful practice
by | 1829 |
registered mail that the secretary has received information | 1830 |
indicating that this person is so engaged. The person shall
answer | 1831 |
the secretary within thirty days showing that the person is
either | 1832 |
properly licensed for the stated activity or that the person is | 1833 |
not
in
violation of this chapter. If
the answer is not forthcoming | 1834 |
within thirty
days after notice by the
secretary, the secretary | 1835 |
shall request that the attorney general,
the prosecuting attorney | 1836 |
of the county in which the offense was
committed or the offender | 1837 |
resides, or the state medical board
proceed as authorized in this | 1838 |
section. | 1839 |
Sec. 4774.21. In the absence of fraud or bad faith,
the | 1855 |
state medical board, a current or former board member, an agent of | 1856 |
the
board,
a person formally requested by the board to be the | 1857 |
board's representative,
or an employee of the board shall not be | 1858 |
held liable in
damages to any person as the result of any act, | 1859 |
omission,
proceeding, conduct, or decision related to official | 1860 |
duties
undertaken or performed pursuant to this chapter. If
any | 1861 |
such person asks to be defended by the
state against any claim or | 1862 |
action arising out of
any act, omission, proceeding, conduct, or | 1863 |
decision related to
the person's official duties, and if the | 1864 |
request is made in
writing at a reasonable time before trial and | 1865 |
the person
requesting defense cooperates in good faith in the | 1866 |
defense of the
claim or action, the state shall provide and pay | 1867 |
for the person's defense
and shall pay any resulting judgment, | 1868 |
compromise, or
settlement. At no time shall the state pay any part | 1869 |
of a claim
or judgment that is for punitive or exemplary damages. | 1870 |
(B) Whoever violates division (A),
(B), (C), or (D) of | 1875 |
section 4774.16 of
the Revised Code is guilty of a minor | 1876 |
misdemeanor
on a first offense; on each subsequent offense the | 1877 |
person is
guilty of a misdemeanor of the fourth degree, except | 1878 |
that an
individual guilty of a subsequent offense shall not be | 1879 |
subject to
imprisonment, but to a fine alone of up to one thousand | 1880 |
dollars
for each offense. | 1881 |