As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. Sub. S. B. No. 279

Senator Schuring 

Cosponsors: Senators Harris, Niehaus, Padgett, Stivers, Wilson 

Representatives Bacon, Batchelder, Boyd, Chandler, DeBose, Domenick, Dyer, Fende, Flowers, Gibbs, Grady, Hughes, Luckie, Nero, Schindel, Sears, Stebelton, Strahorn, Wachtmann, Williams, B., Yuko 

---

A BILL

To amend sections 3727.01, 3727.02, 3727.321,

1

3727.41, 4503.44, 4715.62, 4730.03, 4730.09,

2

4731.15, 4731.155, 4731.19, 4731.281, 4731.293,

3

and 4760.131 and to enact section 3727.322 of the

4

Revised Code regarding certain State Medical

5

Board procedures, physician assistants,

6

limited branches of medicine, the submission of

7

information by hospitals in meeting certain

8

performance measures, to include the American

9

Safety and Health Institute as a provider of

10

basic life-support training for expanded function

11

dental auxiliaries, and to declare an emergency.

12

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

Section 1. That sections 3727.01, 3727.02, 3727.321,	13
3727.41, 4503.44, 4715.62, 4730.03, 4730.09, 4731.15, 4731.155,	14
4731.19, 4731.281, 4731.293, and 4760.131 be amended and section	15
3727.322 of the Revised Code be enacted to read as follows:	16

Sec. 3727.01. (A) As used in this section, "health	17
maintenance organization" means a public or private organization	18
organized under the law of any state that is qualified under	19
section 1310(d) of Title XIII of the "Public Health Service Act,"	20
87 Stat. 931 (1973), 42 U.S.C. 300e-9, or that does all of the	21
following:	22

(A)(1) Provides or otherwise makes available to enrolled	23
participants health care services including at least the following	24
basic health care services: usual physician services,	25
hospitalization, laboratory, x-ray, emergency and preventive	26
service, and out-of-area coverage;	27

(B)(2) Is compensated, except for copayments, for the	28
provision of basic health care services to enrolled participants	29
by a payment that is paid on a periodic basis without regard to	30
the date the health care services are provided and that is fixed	31
without regard to the frequency, extent, or kind of health service	32
actually provided;	33

(C)(3) Provides physician services primarily in either of the	34
following ways:	35

(1)(a) Directly through physicians who are either employees	36
or partners of the organization;	37

(2)(b) Through arrangements with individual physicians or one	38
or more groups of physicians organized on a group-practice or	39
individual-practice basis.	40

(B) As used in this chapter, "hospital:

41

(1) "Children's hospital" has the same meaning as in section	42
3702.51 of the Revised Code.	43

(2) "Hospital" means an institution classified as a hospital	44
under section 3701.07 of the Revised Code in which are provided to	45
inpatients diagnostic, medical, surgical, obstetrical,	46
psychiatric, or rehabilitation care for a continuous period longer	47
than twenty-four hours or a hospital operated by a health	48
maintenance organization. "Hospital" does not include a facility	49
licensed under Chapter 3721. of the Revised Code, a health care	50
facility operated by the department of mental health or the	51
department of mental retardation and developmental disabilities, a	52
health maintenance organization that does not operate a hospital,	53
the office of any private licensed health care professional,	54
whether organized for individual or group practice, or a clinic	55
that provides ambulatory patient services and where patients are	56
not regularly admitted as inpatients. "Hospital" also does not	57
include an institution for the sick that is operated exclusively	58
for patients who use spiritual means for healing and for whom the	59
acceptance of medical care is inconsistent with their religious	60
beliefs, accredited by a national accrediting organization, exempt	61
from federal income taxation under section 501 of the Internal	62
Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C.A. 1, as amended,	63
and providing twenty-four hour nursing care pursuant to the	64
exemption in division (E) of section 4723.32 of the Revised Code	65
from the licensing requirements of Chapter 4723. of the Revised	66
Code.	67

(3) "Joint commission" means the commission formerly known as	68
the joint commission on accreditation of healthcare organizations	69
or the joint commission on accreditation of hospitals.	70

Sec. 3727.02.  (A) No person and no political subdivision,	71
agency, or instrumentality of this state shall operate a hospital	72
unless it is certified under Title XVIII of the "Social Security	73
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or is	74
accredited by the joint commission on accreditation of hospitals	75
or the American osteopathic association.	76

(B) No person and no political subdivision, agency, or	77
instrumentality of this state shall hold out as a hospital any	78
health facility that is not certified or accredited as required in	79
division (A) of this section.	80

Sec. 3727.321. (A) The group of experts convened under	81
section 3727.32 of the Revised Code may include in the	82
recommendations developed under division (A)(1) of that section	83
recommendations that the director of health's rules adopted under	84
section 3727.41 of the Revised Code include some or all of the	85
following measures:	86

(1) Hospital quality measures publicly reported by the	87
centers for medicare and medicaid services;	88

(2) Hospital quality measures publicly reported by the joint	89
commission on accreditation of healthcare organizations;	90

(3) Measures included in the patient safety indicators and	91
inpatient quality indicators developed by the agency for health	92
care research and quality;	93

(4) Measures included in the national voluntary consensus	94
standards for hospital care endorsed by the national quality	95
forum.	96

(B) In considering whether to recommend that the director	97
include a particular measure in the rules, the group of experts	98
shall consider whether there are any excessive administrative or	99
financial implications associated with the reporting of	100
information by hospitals regarding their performance in meeting	101
the measure.	102

Sec. 3727.322. The director of health shall appoint a group	103
of experts in pediatric medicine consisting of physician	104
representatives from Ohio children's hospitals and other hospitals	105
that provide services to the pediatric population.	106

The group of experts shall develop, on an ongoing basis,	107
recommendations regarding measures for children's hospital	108
inpatient and outpatient services and submit the recommendations	109
to the hospital measures advisory council.	110

The members of the group shall serve without remuneration,	111
except to the extent that serving in the group is considered a	112
part of their regular employment duties. The members shall not be	113
reimbursed for expenses incurred in the performance of their	114
duties in the group.	115

Sec. 3727.41. (A) (1) The director of health shall adopt	116
rules governing hospitals in their submission of information to	117
the director under sections 3727.33 and 3727.34 of the Revised	118
Code. The rules shall be adopted in accordance with Chapter 119.	119
of the Revised Code.	120

(2) Rules adopted by the director under division (A)(1) of	121
this section shall not require either of the following:	122

(a) A hospital to submit information regarding a performance,	123
quality, or service measure for which the hospital does not	124
provide the service;	125

(b) A children's hospital to report a performance, quality,	126
or service measure for patients eighteen years of age or older.	127

(B)(1) The rules for submission of information under section	128
3727.33 of the Revised Code shall include rules specifying the	129
inpatient and outpatient service measures to be used by hospitals	130
in submitting the information. The rules may include any of the	131
measures recommended by the group of experts convened under	132
section 3727.32 of the Revised Code and shall include measures	133
from the following:	134

(a) Hospital quality measures publicly reported by the	135
centers for medicare and medicaid services;	136

(b) Hospital quality measures publicly reported by the joint	137
commission on accreditation of healthcare organizations;	138

(c) Measures that examine volume of cases, adjusted length of	139
stay, complications, infections, or mortality rates and are	140
developed by the agency for health care research and quality;	141

(d) Measures included in the national voluntary consensus	142
standards for hospital care endorsed by the national quality	143
forum.	144

(2) In adopting rules specifying the measures to be used by	145
hospitals in submitting the information, the director shall	146
consider both of the following:	147

(a) Whether hospitals have a sufficient caseload to make a	148
particular measure a reliable indicator of their ability to treat	149
a diagnosis or perform a procedure in a quality manner;	150

(b) Whether there are any excessive administrative or	151
financial implications associated with the reporting of	152
information by hospitals regarding their performance in meeting a	153
particular measure.	154

Sec. 4503.44.  (A) As used in this section and in section	155
4511.69 of the Revised Code:	156

(1) "Person with a disability that limits or impairs the	157
ability to walk" means any person who, as determined by a	158
physician, advanced practice nurse, or chiropractorhealth care	159
provider, meets any of the following criteria:	160

(a) Cannot walk two hundred feet without stopping to rest;

161

(b) Cannot walk without the use of, or assistance from, a	162
brace, cane, crutch, another person, prosthetic device,	163
wheelchair, or other assistive device;	164

(c) Is restricted by a lung disease to such an extent that	165
the person's forced (respiratory) expiratory volume for one	166
second, when measured by spirometry, is less than one liter, or	167
the arterial oxygen tension is less than sixty millimeters of	168
mercury on room air at rest;	169

(d) Uses portable oxygen;

170

(e) Has a cardiac condition to the extent that the person's	171
functional limitations are classified in severity as class III or	172
class IV according to standards set by the American heart	173
association;	174

(f) Is severely limited in the ability to walk due to an	175
arthritic, neurological, or orthopedic condition;	176

(g) Is blind.

177

(2) "Organization" means any private organization or	178
corporation, or any governmental board, agency, department,	179
division, or office, that, as part of its business or program,	180
transports persons with disabilities that limit or impair the	181
ability to walk on a regular basis in a motor vehicle that has not	182
been altered for the purpose of providing it with special	183
equipment for use by handicapped persons. This definition does not	184
apply to division (J) of this section.	185

(3) "Health care provider" means a physician, physician	186
assistant, advanced practice nurse, or chiropractor as defined in	187
this section.	188

(4) "Physician" means a person licensed to practice medicine	189
or surgery or osteopathic medicine and surgery under Chapter 4731.	190
of the Revised Code.	191

(4)(5) "Chiropractor" means a person licensed to practice	192
chiropractic under Chapter 4734. of the Revised Code.	193

(5)(6) "Advanced practice nurse" means any certified nurse	194
practitioner, clinical nurse specialist, certified registered	195
nurse anesthetist, or certified nurse-midwife who holds a	196
certificate of authority issued by the board of nursing under	197
Chapter 4723. of the Revised Code.	198

(7) "Physician assistant" means a person who holds a	199
certificate to practice as a physician assistant issued under	200
Chapter 4730. of the Revised Code.	201

(B) Any organization or person with a disability that limits	202
or impairs the ability to walk may apply to the registrar of motor	203
vehicles for a removable windshield placard or, if the person owns	204
or leases a motor vehicle, the person may apply for the	205
registration of any motor vehicle the person owns or leases. In	206
addition to one or more sets of license plates or one placard, a	207
person with a disability that limits or impairs the ability to	208
walk is entitled to one additional placard, but only if the person	209
applies separately for the additional placard, states the reasons	210
why the additional placard is needed, and the registrar, in the	211
registrar's discretion, determines that good and justifiable cause	212
exists to approve the request for the additional placard. When a	213
motor vehicle has been altered for the purpose of providing it	214
with special equipment for a person with a disability that limits	215
or impairs the ability to walk, but is owned or leased by someone	216
other than such a person, the owner or lessee may apply to the	217
registrar or a deputy registrar for registration under this	218
section. The application for registration of a motor vehicle owned	219
or leased by a person with a disability that limits or impairs the	220
ability to walk shall be accompanied by a signed statement from	221
the applicant's personal physician, advanced practice nurse, or	222
chiropractorhealth care provider certifying that the applicant	223
meets at least one of the criteria contained in division (A)(1) of	224
this section and that the disability is expected to continue for	225
more than six consecutive months. The application for a removable	226
windshield placard made by a person with a disability that limits	227
or impairs the ability to walk shall be accompanied by a	228
prescription from the applicant's personal physician, advanced	229
practice nurse, or chiropractorhealth care provider prescribing	230
such a placard for the applicant, provided that the applicant	231
meets at least one of the criteria contained in division (A)(1) of	232
this section. The physician, advanced practice nurse, or	233
chiropractorhealth care provider shall state on the prescription	234
the length of time the physician, advanced practice nurse, or	235
chiropractorhealth care provider expects the applicant to have	236
the disability that limits or impairs the applicant's ability to	237
walk. The application for a removable windshield placard made by	238
an organization shall be accompanied by such documentary evidence	239
of regular transport of persons with disabilities that limit or	240
impair the ability to walk by the organization as the registrar	241
may require by rule and shall be completed in accordance with	242
procedures that the registrar may require by rule. The application	243
for registration of a motor vehicle that has been altered for the	244
purpose of providing it with special equipment for a person with a	245
disability that limits or impairs the ability to walk but is owned	246
by someone other than such a person shall be accompanied by such	247
documentary evidence of vehicle alterations as the registrar may	248
require by rule.	249

(C) When an organization, a person with a disability that	250
limits or impairs the ability to walk, or a person who does not	251
have a disability that limits or impairs the ability to walk but	252
owns a motor vehicle that has been altered for the purpose of	253
providing it with special equipment for a person with a disability	254
that limits or impairs the ability to walk first submits an	255
application for registration of a motor vehicle under this section	256
and every fifth year thereafter, the organization or person shall	257
submit a signed statement from the applicant's personal physician,	258
advanced practice nurse, or chiropractorhealth care provider, a	259
completed application, and any required documentary evidence of	260
vehicle alterations as provided in division (B) of this section,	261
and also a power of attorney from the owner of the motor vehicle	262
if the applicant leases the vehicle. Upon submission of these	263
items, the registrar or deputy registrar shall issue to the	264
applicant appropriate vehicle registration and a set of license	265
plates and validation stickers, or validation stickers alone when	266
required by section 4503.191 of the Revised Code. In addition to	267
the letters and numbers ordinarily inscribed thereon, the license	268
plates shall be imprinted with the international symbol of access.	269
The license plates and validation stickers shall be issued upon	270
payment of the regular license fee as prescribed under section	271
4503.04 of the Revised Code and any motor vehicle tax levied under	272
Chapter 4504. of the Revised Code, and the payment of a service	273
fee equal to the amount specified in division (D) or (G) of	274
section 4503.10 of the Revised Code.	275

(D)(1) Upon receipt of a completed and signed application for	276
a removable windshield placard, a prescription as described in	277
division (B) of this section, documentary evidence of regular	278
transport of persons with disabilities that limit or impair the	279
ability to walk, if required, and payment of a service fee equal	280
to the amount specified in division (D) or (G) of section 4503.10	281
of the Revised Code, the registrar or deputy registrar shall issue	282
to the applicant a removable windshield placard, which shall bear	283
the date of expiration on both sides of the placard and shall be	284
valid until expired, revoked, or surrendered. Every removable	285
windshield placard expires as described in division (D)(2) of this	286
section, but in no case shall a removable windshield placard be	287
valid for a period of less than sixty days. Removable windshield	288
placards shall be renewable upon application as provided in	289
division (B) of this section, and a service fee equal to the	290
amount specified in division (D) or (G) of section 4503.10 of the	291
Revised Code shall be charged for the renewal of a removable	292
windshield placard. The registrar shall provide the application	293
form and shall determine the information to be included thereon.	294
The registrar also shall determine the form and size of the	295
removable windshield placard, the material of which it is to be	296
made, and any other information to be included thereon, and shall	297
adopt rules relating to the issuance, expiration, revocation,	298
surrender, and proper display of such placards. Any placard	299
issued after October 14, 1999, shall be manufactured in a manner	300
that allows the expiration date of the placard to be indicated on	301
it through the punching, drilling, boring, or creation by any	302
other means of holes in the placard.	303

(2) At the time a removable windshield placard is issued to a	304
person with a disability that limits or impairs the ability to	305
walk, the registrar or deputy registrar shall enter into the	306
records of the bureau of motor vehicles the last date on which the	307
person will have that disability, as indicated on the accompanying	308
prescription. Not less than thirty days prior to that date and all	309
removable windshield placard renewal dates, the bureau shall send	310
a renewal notice to that person at the person's last known address	311
as shown in the records of the bureau, informing the person that	312
the person's removable windshield placard will expire on the	313
indicated date not to exceed five years from the date of issuance,	314
and that the person is required to renew the placard by submitting	315
to the registrar or a deputy registrar another prescription, as	316
described in division (B) of this section, and by complying with	317
the renewal provisions prescribed in division (D)(1) of this	318
section. If such a prescription is not received by the registrar	319
or a deputy registrar by that date, the placard issued to that	320
person expires and no longer is valid, and this fact shall be	321
recorded in the records of the bureau.	322

(3) At least once every year, on a date determined by the	323
registrar, the bureau shall examine the records of the office of	324
vital statistics, located within the department of health, that	325
pertain to deceased persons, and also the bureau's records of all	326
persons who have been issued removable windshield placards and	327
temporary removable windshield placards. If the records of the	328
office of vital statistics indicate that a person to whom a	329
removable windshield placard or temporary removable windshield	330
placard has been issued is deceased, the bureau shall cancel that	331
placard, and note the cancellation in its records.	332

The office of vital statistics shall make available to the	333
bureau all information necessary to enable the bureau to comply	334
with division (D)(3) of this section.	335

(4) Nothing in this section shall be construed to require a	336
person or organization to apply for a removable windshield placard	337
or special license plates if the parking card or special license	338
plates issued to the person or organization under prior law have	339
not expired or been surrendered or revoked.	340

(E)(1)(a) Any person with a disability that limits or impairs	341
the ability to walk may apply to the registrar or a deputy	342
registrar for a temporary removable windshield placard. The	343
application for a temporary removable windshield placard shall be	344
accompanied by a prescription from the applicant's personal	345
physician, advanced practice nurse, or chiropractorhealth care	346
provider prescribing such a placard for the applicant, provided	347
that the applicant meets at least one of the criteria contained in	348
division (A)(1) of this section and that the disability is	349
expected to continue for six consecutive months or less. The	350
physician, advanced practice nurse, or chiropractorhealth care	351
provider shall state on the prescription the length of time the	352
physician, advanced practice nurse, or chiropractorhealth care	353
provider expects the applicant to have the disability that limits	354
or impairs the applicant's ability to walk, which cannot exceed	355
six months from the date of the prescription. Upon receipt of an	356
application for a temporary removable windshield placard,	357
presentation of the prescription from the applicant's personal	358
physician, advanced practice nurse, or chiropractorhealth care	359
provider, and payment of a service fee equal to the amount	360
specified in division (D) or (G) of section 4503.10 of the Revised	361
Code, the registrar or deputy registrar shall issue to the	362
applicant a temporary removable windshield placard.	363

(b) Any active-duty member of the armed forces of the United	364
States, including the reserve components of the armed forces and	365
the national guard, who has an illness or injury that limits or	366
impairs the ability to walk may apply to the registrar or a deputy	367
registrar for a temporary removable windshield placard. With the	368
application, the person shall present evidence of the person's	369
active-duty status and the illness or injury. Evidence of the	370
illness or injury may include a current department of defense	371
convalescent leave statement, any department of defense document	372
indicating that the person currently has an ill or injured	373
casualty status or has limited duties, or a prescription from any	374
physician, advanced practice nurse, or chiropractorhealth care	375
provider prescribing the placard for the applicant. Upon receipt	376
of the application and the necessary evidence, the registrar or	377
deputy registrar shall issue the applicant the temporary removable	378
windshield placard without the payment of any service fee.	379

(2) The temporary removable windshield placard shall be of	380
the same size and form as the removable windshield placard, shall	381
be printed in white on a red-colored background, and shall bear	382
the word "temporary" in letters of such size as the registrar	383
shall prescribe. A temporary removable windshield placard also	384
shall bear the date of expiration on the front and back of the	385
placard, and shall be valid until expired, surrendered, or	386
revoked, but in no case shall such a placard be valid for a period	387
of less than sixty days. The registrar shall provide the	388
application form and shall determine the information to be	389
included on it, provided that the registrar shall not require a	390
physician, advanced practice nurse, or chiropractor'shealth care	391
provider's prescription or certification for a person applying	392
under division (E)(1)(b) of this section. The registrar also shall	393
determine the material of which the temporary removable windshield	394
placard is to be made and any other information to be included on	395
the placard and shall adopt rules relating to the issuance,	396
expiration, surrender, revocation, and proper display of those	397
placards. Any temporary removable windshield placard issued after	398
October 14, 1999, shall be manufactured in a manner that allows	399
for the expiration date of the placard to be indicated on it	400
through the punching, drilling, boring, or creation by any other	401
means of holes in the placard.	402

(F) If an applicant for a removable windshield placard is a	403
veteran of the armed forces of the United States whose disability,	404
as defined in division (A)(1) of this section, is	405
service-connected, the registrar or deputy registrar, upon receipt	406
of the application, presentation of a signed statement from the	407
applicant's personal physician, advanced practice nurse, or	408
chiropractorhealth care provider certifying the applicant's	409
disability, and presentation of such documentary evidence from the	410
department of veterans affairs that the disability of the	411
applicant meets at least one of the criteria identified in	412
division (A)(1) of this section and is service-connected as the	413
registrar may require by rule, but without the payment of any	414
service fee, shall issue the applicant a removable windshield	415
placard that is valid until expired, surrendered, or revoked.	416

(G) Upon a conviction of a violation of division (I), (J), or	417
(K) of this section, the court shall report the conviction, and	418
send the placard or parking card, if available, to the registrar,	419
who thereupon shall revoke the privilege of using the placard or	420
parking card and send notice in writing to the placardholder or	421
cardholder at that holder's last known address as shown in the	422
records of the bureau, and the placardholder or cardholder shall	423
return the placard or card if not previously surrendered to the	424
court, to the registrar within ten days following mailing of the	425
notice.	426

Whenever a person to whom a removable windshield placard or	427
parking card has been issued moves to another state, the person	428
shall surrender the placard or card to the registrar; and whenever	429
an organization to which a placard or card has been issued changes	430
its place of operation to another state, the organization shall	431
surrender the placard or card to the registrar.	432

(H) Subject to division (F) of section 4511.69 of the Revised	433
Code, the operator of a motor vehicle displaying a removable	434
windshield placard, temporary removable windshield placard,	435
parking card, or the special license plates authorized by this	436
section is entitled to park the motor vehicle in any special	437
parking location reserved for persons with disabilities that limit	438
or impair the ability to walk, also known as handicapped parking	439
spaces or disability parking spaces.	440

(I) No person or organization that is not eligible under	441
division (B) or (E) of this section shall willfully and falsely	442
represent that the person or organization is so eligible.	443

No person or organization shall display license plates issued	444
under this section unless the license plates have been issued for	445
the vehicle on which they are displayed and are valid.	446

(J) No person or organization to which a removable windshield	447
placard or temporary removable windshield placard is issued shall	448
do either of the following:	449

(1) Display or permit the display of the placard on any motor	450
vehicle when having reasonable cause to believe the motor vehicle	451
is being used in connection with an activity that does not include	452
providing transportation for persons with disabilities that limit	453
or impair the ability to walk;	454

(2) Refuse to return or surrender the placard, when required.

455

(K)(1) No person or organization to which a parking card is	456
issued shall do either of the following:	457

(a) Display or permit the display of the parking card on any	458
motor vehicle when having reasonable cause to believe the motor	459
vehicle is being used in connection with an activity that does not	460
include providing transportation for a handicapped person;	461

(b) Refuse to return or surrender the parking card, when	462
required.	463

(2) As used in division (K) of this section:

464

(a) "Handicapped person" means any person who has lost the	465
use of one or both legs or one or both arms, who is blind, deaf,	466
or so severely handicapped as to be unable to move about without	467
the aid of crutches or a wheelchair, or whose mobility is	468
restricted by a permanent cardiovascular, pulmonary, or other	469
handicapping condition.	470

(b) "Organization" means any private organization or	471
corporation, or any governmental board, agency, department,	472
division, or office, that, as part of its business or program,	473
transports handicapped persons on a regular basis in a motor	474
vehicle that has not been altered for the purposes of providing it	475
with special equipment for use by handicapped persons.	476

(L) If a removable windshield placard, temporary removable	477
windshield placard, or parking card is lost, destroyed, or	478
mutilated, the placardholder or cardholder may obtain a duplicate	479
by doing both of the following:	480

(1) Furnishing suitable proof of the loss, destruction, or	481
mutilation to the registrar;	482

(2) Paying a service fee equal to the amount specified in	483
division (D) or (G) of section 4503.10 of the Revised Code.	484

Any placardholder or cardholder who loses a placard or card	485
and, after obtaining a duplicate, finds the original, immediately	486
shall surrender the original placard or card to the registrar.	487

(M) The registrar shall pay all fees received under this	488
section for the issuance of removable windshield placards or	489
temporary removable windshield placards or duplicate removable	490
windshield placards or cards into the state treasury to the credit	491
of the state bureau of motor vehicles fund created in section	492
4501.25 of the Revised Code.	493

(N) For purposes of enforcing this section, every peace	494
officer is deemed to be an agent of the registrar. Any peace	495
officer or any authorized employee of the bureau of motor vehicles	496
who, in the performance of duties authorized by law, becomes aware	497
of a person whose placard or parking card has been revoked	498
pursuant to this section, may confiscate that placard or parking	499
card and return it to the registrar. The registrar shall prescribe	500
any forms used by law enforcement agencies in administering this	501
section.	502

No peace officer, law enforcement agency employing a peace	503
officer, or political subdivision or governmental agency employing	504
a peace officer, and no employee of the bureau is liable in a	505
civil action for damages or loss to persons arising out of the	506
performance of any duty required or authorized by this section. As	507
used in this division, "peace officer" has the same meaning as in	508
division (B) of section 2935.01 of the Revised Code.	509

(O) All applications for registration of motor vehicles,	510
removable windshield placards, and temporary removable windshield	511
placards issued under this section, all renewal notices for such	512
items, and all other publications issued by the bureau that relate	513
to this section shall set forth the criminal penalties that may be	514
imposed upon a person who violates any provision relating to	515
special license plates issued under this section, the parking of	516
vehicles displaying such license plates, and the issuance,	517
procurement, use, and display of removable windshield placards and	518
temporary removable windshield placards issued under this section.	519

(P) Whoever violates this section is guilty of a misdemeanor	520
of the fourth degree.	521

Sec. 4715.62.  (A) Each individual seeking to register with	522
the state dental board as an expanded function dental auxiliary	523
shall file with the secretary of the board a written application	524
for registration, under oath, on a form the board shall prescribe	525
and provide. An applicant shall include with the completed	526
application all of the following:	527

(1) An application fee of twenty dollars;

528

(2) Proof satisfactory to the board that the applicant has	529
successfully completed, at an educational institution accredited	530
by the commission on dental accreditation of the American dental	531
association or the higher learning commission of the north central	532
association of colleges and schools, the education or training	533
specified by the board in rules adopted under section 4715.66 of	534
the Revised Code as the education or training that is necessary to	535
obtain registration under this chapter to practice as an expanded	536
function dental auxiliary, as evidenced by a diploma or other	537
certificate of graduation or completion that has been signed by an	538
appropriate official of the accredited institution that provided	539
education or training;	540

(3) Proof satisfactory to the board that the applicant has	541
passed an examination that meets the standards established by the	542
board in rules adopted under section 4715.66 of the Revised Code	543
to be accepted by the board as an examination of competency to	544
practice as an expanded function dental auxiliary;	545

(4) Proof that the applicant holds current certification to	546
perform basic life-support procedures, evidenced by documentation	547
showing the successful completion of a basic life-support training	548
course certified by either the American red cross or, the American	549
heart association, or the American safety and health institute.	550

(B) If an applicant complies with division (A) of this	551
section, the board shall register the applicant as an expanded	552
function dental auxiliary.	553

Sec. 4730.03.  Nothing in this chapter shall:

554

(A) Be construed to affect or interfere with the performance	555
of duties of any medical personnel inwho are either of the	556
following:	557

(1) In active service in the army, navy, coast guard, marine	558
corps, air force, public health service, or marine hospital	559
service of the United States while so serving;	560

(2) Employed by the veterans administration of the United	561
States while so employed;	562

(B) Prevent any person from performing any of the services a	563
physician assistant may be authorized to perform, if the person's	564
professional scope of practice established under any other chapter	565
of the Revised Code authorizes the person to perform the services;	566

(C) Prohibit a physician from delegating responsibilities to	567
any nurse or other qualified person who does not hold a	568
certificate to practice as a physician assistant, provided that	569
the individual does not hold the individual out to be a physician	570
assistant;	571

(D) Be construed as authorizing a physician assistant	572
independently to order or direct the execution of procedures or	573
techniques by a registered nurse or licensed practical nurse in	574
the care and treatment of a person in any setting, except to the	575
extent that the physician assistant is authorized to do so by the	576
physician supervisory plan approved under section 4730.17 of the	577
Revised Code for the physician who is responsible for supervising	578
the physician assistant or the policies of the health care	579
facility in which the physician assistant is practicing;	580

(E) Authorize a physician assistant to engage in the practice	581
of optometry, except to the extent that the physician assistant is	582
authorized by a supervising physician acting in accordance with	583
this chapter to perform routine visual screening, provide medical	584
care prior to or following eye surgery, or assist in the care of	585
diseases of the eye;	586

(F) Be construed as authorizing a physician assistant to	587
prescribe any drug or device to perform or induce an abortion, or	588
as otherwise authorizing a physician assistant to perform or	589
induce an abortion.	590

Sec. 4730.09. (A) Under a physician supervisory plan approved	591
under section 4730.17 of the Revised Code, a physician assistant	592
may provide any or all of the following services without approval	593
by the state medical board as special services:	594

(1) Obtaining comprehensive patient histories;

595

(2) Performing physical examinations, including audiometry	596
screening, routine visual screening, and pelvic, rectal, and	597
genital-urinary examinations, when indicated;	598

(3) Ordering, performing, or ordering and performing routine	599
diagnostic procedures, as indicated;	600

(4) Identifying normal and abnormal findings on histories,	601
physical examinations, and commonly performed diagnostic studies;	602

(5) Assessing patients and developing and implementing	603
treatment plans for patients;	604

(6) Monitoring the effectiveness of therapeutic	605
interventions;	606

(7) Exercising physician-delegated prescriptive authority	607
pursuant to a certificate to prescribe issued under this chapter;	608

(8) Carrying out or relaying the supervising physician's	609
orders for the administration of medication, to the extent	610
permitted by law;	611

(9) Providing patient education;

612

(10) Instituting and changing orders on patient charts;

613

(11) Performing developmental screening examinations on	614
children with regard to neurological, motor, and mental functions;	615

(12) Performing wound care management, suturing minor	616
lacerations and removing the sutures, and incision and drainage of	617
uncomplicated superficial abscesses;	618

(13) Removing superficial foreign bodies;

619

(14) Administering intravenous fluids;

620

(15) Inserting a foley or cudae catheter into the urinary	621
bladder and removing the catheter;	622

(16) Removing intrauterine devices;

623

(17) Performing biopsies of superficial lesions;

624

(18) Making appropriate referrals as directed by the	625
supervising physician;	626

(19) Removing norplant capsules;

627

(20) Performing penile duplex ultrasound;

628

(21) Changing of a tracheostomy;

629

(22) Performing bone marrow aspirations from the posterior	630
iliac crest;	631

(23) Performing bone marrow biopsies from the posterior iliac	632
crest;	633

(24) Performing cystograms;

634

(25) Performing nephrostograms after physician placement of	635
nephrostomy tubes;	636

(26) Fitting or inserting family planning devices, including	637
intrauterine devices, diaphragms, and cervical caps;	638

(27) Removing cervical polyps;

639

(28) Performing nerve conduction testing;

640

(29) Performing endometrial biopsies;

641

(30) Inserting filiform and follower catheters;

642

(31) Performing arthrocentesis of the knee;

643

(32) Performing knee joint injections;

644

(33) Performing endotracheal intubation with successful	645
completion of an advanced cardiac life support course;	646

(34) Performing lumbar punctures;

647

(35) In accordance with rules adopted by the board, using	648
light-based medical devices for the purpose of hair removal;	649

(36) Administering, monitoring, or maintaining local	650
anesthesia, as defined in section 4730.091 of the Revised Code;	651

(37) Applying or removing a cast or splint;

652

(38) Performing other services that are within the	653
supervising physician's normal course of practice and expertise,	654
if the services are included in any model physician supervisory	655
plan approved under section 4730.06 of the Revised Code or the	656
services are designated by the board by rule or other means as	657
services that are not subject to approval as special services.	658

(B) Under the policies of a health care facility, the	659
services a physician assistant may provide are limited to the	660
services the facility has authorized the physician assistant to	661
provide for the facility. The services a health care facility may	662
authorize a physician assistant to provide for the facility	663
include the following:	664

(1) Any or all of the services specified in division (A) of	665
this section;	666

(2) Assisting in surgery in the health care facility;

667

(3) Any other services permitted by the policies of the	668
health care facility, except that the facility may not authorize a	669
physician assistant to perform a service that is prohibited by	670
this chapter.	671

Sec. 4731.15.  (A)(1) The state medical board also shall	672
regulate the following limited branches of medicine: massage	673
therapy and cosmetic therapy, and to the extent specified in	674
section 4731.151 of the Revised Code, naprapathy and	675
mechanotherapy. The board shall adopt rules governing the limited	676
branches of medicine under its jurisdiction. The rules shall be	677
adopted in accordance with Chapter 119. of the Revised Code.	678

(2) As used in this chapter, "cosmetic therapy" means the	679
permanent removal of hair from the human body through the use of	680
electric modalities approved by the board for use in cosmetic	681
therapy, and additionally may include the systematic friction,	682
stroking, slapping, and kneading or tapping of the face, neck,	683
scalp, or shoulders.	684

(B) All persons who holdA certificate to practice a limited	685
branch of medicine issued by the state medical board is valid for	686
a two-year period, except when an initial certificate is issued	687
for a shorter period or when division (C)(2) of this section is	688
applicable. The certificate may be renewed in accordance with	689
division (C) of this section.	690

(C)(1) Except as provided in division (C)(2) of this section,	691
all of the following apply with respect to the renewal of	692
certificates to practice a limited branch of medicine:	693

(a) Each person seeking to renew a certificate to practice a	694
limited branch of medicine issued by the state medical board,	695
whether residents of this state or not, shall on or before the	696
first day of June of each odd-numbered year, registerapply for	697
biennial registration with the state medical board on a renewal	698
application form prescribed by the board and. An applicant for	699
renewal shall pay at such time a biennial registration fee of	700
fifty dollars. At least one month in advance of the date of	701
registration, a written notice that the biennial registration fee	702
is due on or before the first day of June shall be sent to each	703
holder of a certificate to practice a limited branch of medicine,	704
at the person's	705

(b) At least six months before a certificate expires, the	706
board shall mail or cause to be mailed a renewal notice to the	707
certificate holder's last known address. All	708

(c) At least three months before a certificate expires, the	709
certificate holder shall submit the renewal application and	710
biennial registration fee to the board.	711

(2) Beginning with the 2009 registration period, the board	712
shall implement a staggered renewal system that is substantially	713
similar to the staggered renewal system the board uses under	714
division (B) of section 4731.281 of the Revised Code.	715

(D) All persons who hold a certificate to practice a limited	716
branch of medicine issued by the state medical board shall	717
provide the board written notice of any change of address. The	718
notice shall be submitted to the board not later than thirty days	719
after the change of address.	720

(E) A certificate to practice a limited branch of medicine	721
shall be automatically suspended if the fee is not paid by the	722
first day of September of the year it is duecertificate holder	723
fails to renew the certificate in accordance with division (C) of	724
this section. Continued practice after the suspension of the	725
certificate to practice shall be considered as practicing in	726
violation of sections 4731.34 and 4731.41 of the Revised Code.	727
Subject to section 4731.222 of the Revised Code, if	728

If a certificate to practice has been suspended pursuant to	729
this division for two years or less, theit may be reinstated.	730
The board shall reinstate athe certificate to practice suspended	731
for failure to register upon an applicant's submission of a	732
renewal application and payment of the biennial registration fee	733
and the applicable monetary penalty. With regard to	734
reinstatement of a certificate to practice cosmetic therapy, the	735
applicant also shall submit with the application a certification	736
that the number of hours of continuing education necessary to	737
have a suspended certificate reinstated have been completed, as	738
specified in rules the board shall adopt in accordance with	739
Chapter 119. of the Revised Code. The penalty for reinstatement	740
shall be twenty-five dollars. If	741

If a certificate has been suspended pursuant to this	742
division for more than two years, it may be restored. Subject to	743
section 4731.222 of the Revised Code, the board may restore the	744
certificate upon an applicant's submission of a restoration	745
application, the biennial registration fee, and the applicable	746
monetary penalty and compliance with sections 4776.01 to	747
4776.04 of the Revised Code. The board shall not restore to an	748
applicant a certificate to practice unless the board, in its	749
discretion, decides that the results of the criminal records	750
check do not make the applicant ineligible for a certificate	751
issued pursuant to section 4731.18 of the Revised Code. The	752
penalty for restoration is fifty dollars.	753

Sec. 4731.155.  (A) EachExcept as provided in division (D)	754
of this section, each person holding a certificate to practice	755
cosmetic therapy within this state shall complete biennially not	756
less than twenty-five hours of continuing cosmetic therapy	757
education.	758

Cosmetic therapists shall earn continuing education credits	759
at the rate of one-half credit hour for each twenty-five to thirty	760
minutes of instruction and one credit hour for each fifty to sixty	761
minutes of instruction.	762

(B) Only continuing education approved by the state medical	763
board may be used to fulfill the requirements of division (A) of	764
this section.	765

(C) Each certified cosmetic therapist shall submit to the	766
board at the time of biennial registrationrenewal pursuant to	767
section 4731.15 of the Revised Code a sworn affidavit, in a form	768
acceptable to the board, attesting that hethe cosmetic therapist	769
has completed continuing education programs in compliance with	770
this section and listing the date, location, sponsor, subject	771
matter, and hours completed of the programs.	772

(D) The board shall adopt rules providing for pro rata	773
reductionsadjustments by month of the hours of continuing	774
education required by this section for persons who first receive a	775
certificate during a registration period or who have a	776
registration period that is shorter or longer than two years	777
because of the implementation of a staggered renewal system under	778
section 4731.15 of the Revised Code.	779

The board may excuse a cosmetic therapist from all or any	780
part of the requirements of this section because of an unusual	781
circumstance, emergency, or special hardship.	782

(E) Failure to comply with the requirements of this section	783
constitutes a failure to renew registration pursuant to section	784
4731.15 of the Revised Code.	785

Sec. 4731.19. (A) The state medical board shall determine the	786
standing of the schools, colleges, or institutions giving	787
instruction in the limited branches of medicine of massage therapy	788
and cosmetic therapy. If there shall at any time be such schools,	789
colleges, or institutions giving instruction in such limited	790
branches, the	791

(B) An applicant for a certificate to practice a limited	792
branch of medicine shall, as a condition of admission to the	793
examination, produce ahave one of the following:	794

(1) A diploma or certificate from a school, college, or	795
institution in good standing as determined by the board, showing	796
the completion of the required courses of instruction;	797

(2) A current license, registration, or certificate that is	798
in good standing in another state for massage therapy or cosmetic	799
therapy, as applicable;	800

(3) Certification from a national certification body and a	801
diploma or certificate from a school, college, or institution	802
showing completion of a course of instruction that meets course	803
requirements determined by the board through rules adopted under	804
section 4731.05 of the Revised Code.	805

The entrance examiner of the board shall determine the	806
sufficiency of the preliminary education of applicants for a	807
certificate to practice massage therapy or cosmetic therapy in the	808
same manner that sufficiency of preliminary education is	809
determined under section 4731.09 of the Revised Code, except that	810
the board may adopt rules defining and establishing for the	811
limited branch of medicine preliminary educational requirements	812
that are less exacting than those prescribed by such section, as	813
the nature of the case may require.	814

Sec. 4731.281.  (A) On or before the deadline established	815
under division (B) of this section for applying for renewal of a	816
certificate of registration, each person holding a certificate	817
under this chapter to practice medicine and surgery, osteopathic	818
medicine and surgery, or podiatric medicine and surgery shall	819
certify to the state medical board that in the preceding two years	820
the person has completed one hundred hours of continuing medical	821
education. The certification shall be made upon the application	822
for biennial registration submitted pursuant to division (B) of	823
this section. The board shall adopt rules providing for pro rata	824
reductions by month of the number of hours of continuing education	825
required for persons who are in their first registration period,	826
who have a registration period of less than two years due to	827
initial implementation of the staggered renewal schedule	828
established under division (B) of this section, who have been	829
disabled due to illness or accident, or who have been absent from	830
the country.	831

In determining whether a course, program, or activity	832
qualifies for credit as continuing medical education, the board	833
shall approve all continuing medical education taken by persons	834
holding a certificate to practice medicine and surgery that is	835
certified by the Ohio state medical association, all continuing	836
medical education taken by persons holding a certificate to	837
practice osteopathic medicine and surgery that is certified by the	838
Ohio osteopathic association, and all continuing medical education	839
taken by persons holding a certificate to practice podiatry	840
podiatric medicine and surgery that is certified by the Ohio	841
podiatric medical association. Each person holding a certificate	842
to practice under this chapter shall be given sufficient choice of	843
continuing education programs to ensure that the person has had a	844
reasonable opportunity to participate in continuing education	845
programs that are relevant to the person's medical practice in	846
terms of subject matter and level.	847

The board may require a random sample of persons holding a	848
certificate to practice under this chapter to submit materials	849
documenting completion of the continuing medical education	850
requirement during the preceding registration period, but this	851
provision shall not limit the board's authority to investigate	852
pursuant to section 4731.22 of the Revised Code.	853

(B)(1) Every person holding a certificate under this chapter	854
to practice medicine and surgery, osteopathic medicine and	855
surgery, or podiatric medicine and surgery wishing to renew that	856
certificate shall apply to the board for a certificate of	857
registration upon an application furnished by the board, and pay	858
to the board at the time of application a fee of three hundred	859
five dollars, according to the following schedule:	860

(a) Persons whose last name begins with the letters "A"	861
through "B," on or before April 1, 2001, and the first day of	862
April of every odd-numbered year thereafter;	863

(b) Persons whose last name begins with the letters "C"	864
through "D," on or before January 1, 2001, and the first day of	865
January of every odd-numbered year thereafter;	866

(c) Persons whose last name begins with the letters "E"	867
through "G," on or before October 1, 2000, and the first day of	868
October of every even-numbered year thereafter;	869

(d) Persons whose last name begins with the letters "H"	870
through "K," on or before July 1, 2000, and the first day of July	871
of every even-numbered year thereafter;	872

(e) Persons whose last name begins with the letters "L"	873
through "M," on or before April 1, 2000, and the first day of	874
April of every even-numbered year thereafter;	875

(f) Persons whose last name begins with the letters "N"	876
through "R," on or before January 1, 2000, and the first day of	877
January of every even-numbered year thereafter;	878

(g) Persons whose last name begins with the letter "S," on	879
or before October 1, 1999, and the first day of October of every	880
odd-numbered year thereafter;	881

(h) Persons whose last name begins with the letters "T"	882
through "Z," on or before July 1, 1999, and the first day of July	883
of every odd-numbered year thereafter.	884

The board shall deposit the fee in accordance with section	885
4731.24 of the Revised Code, except that the board shall deposit	886
twenty dollars of the fee into the state treasury to the credit of	887
the physician loan repayment fund created by section 3702.78 of	888
the Revised Code.	889

(2) The board shall mail or cause to be mailed to every	890
person registered to practice medicine and surgery, osteopathic	891
medicine and surgery, or podiatric medicine and surgery, an	892
application fora notice of registration renewal addressed to the	893
person's last known post-office address or may cause the	894
applicationnotice to be sent to the person through the secretary	895
of any recognized medical, osteopathic, or podiatric society,	896
according to the following schedule:	897

(a) To persons whose last name begins with the letters "A"	898
through "B," on or before January 1, 2001, and the first day of	899
January of every odd-numbered year thereafter;	900

(b) To persons whose last name begins with the letters "C"	901
through "D," on or before October 1, 2000, and the first day of	902
October of every even-numbered year thereafter;	903

(c) To persons whose last name begins with the letters "E"	904
through "G," on or before July 1, 2000, and the first day of July	905
of every even-numbered year thereafter;	906

(d) To persons whose last name begins with the letters "H"	907
through "K," on or before April 1, 2000, and the first day of	908
April of every even-numbered year thereafter;	909

(e) To persons whose last name begins with the letters "L"	910
through "M," on or before January 1, 2000, and the first day of	911
January of every even-numbered year thereafter;	912

(f) To persons whose last name begins with the letters "N"	913
through "R," on or before October 1, 1999, and the first day of	914
October of every odd-numbered year thereafter;	915

(g) To persons whose last name begins with the letter "S,"	916
on or before July 1, 1999, and the first day of July of every	917
odd-numbered year thereafter;	918

(h) To persons whose last name begins with the letters "T"	919
through "Z," on or before April 1, 1999, and the first day of	920
April of every odd-numbered year thereafter.	921

Failure of any person to receive an applicationa notice of	922
renewal from the board shall not excuse the person from the	923
requirements contained in this section. The application shall	924
contain proper spaces for the applicant's signature and the	925
insertion of the required information, including a statement that	926
the person has fulfilled the continuing education requirements	927
imposed by this section.	928

The notice shall inform the applicant of the renewal	929
procedure. The board shall provide the application for	930
registration renewal in a form determined by the board. The	931
applicant shall write or cause to be written uponprovide in the	932
application so furnished the applicant's full name, principal	933
practice address and residence address, the number of the	934
applicant's certificate to practice, and any other facts for the	935
identification of the applicant as a person holding a certificate	936
to practice under this chapter asinformation required by the	937
board considers necessary. The applicant shall include with the	938
application a list of the names and addresses of any clinical	939
nurse specialists, certified nurse-midwives, or certified nurse	940
practitioners with whom the applicant is currently collaborating,	941
as defined in section 4723.01 of the Revised Code. The applicant	942
shall execute and deliver the application to the board by mail or	943
in personin a manner prescribed by the board. Every person	944
registered under this section shall give written notice to the	945
board of any change of principal practice address or residence	946
address or in the list within thirty days of the change.	947

The applicant shall report any criminal offense that	948
constitutes grounds for refusal of registration under section	949
4731.22 of the Revised Code to which the applicant has pleaded	950
guilty, of which the applicant has been found guilty, or for which	951
the applicant has been found eligible for intervention in lieu of	952
conviction, since last signingfiling an application for a	953
certificate of registration.	954

(C) The board shall issue to any person holding a certificate	955
under this chapter to practice medicine and surgery, osteopathic	956
medicine and surgery, or podiatric medicine and surgery, upon	957
application and qualification therefor in accordance with this	958
section, a certificate of registration under the seal of the	959
board. A certificate of registration shall be valid for a two-year	960
period, commencing on the first day of the third month after the	961
registration fee is due and expiring on the last day of the month	962
two years thereafter.	963

The board shall publish and cause to be mailed to each person	964
registered under this section, upon request, a printed list of the	965
persons so registered.	966

(D) Failure of any certificate holder to register and comply	967
with this section shall operate automatically to suspend the	968
holder's certificate to practice. Continued practice after the	969
suspension of the certificate to practice shall be considered as	970
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	971
the Revised Code. If the certificate has been suspended pursuant	972
to this division for two years or less, it may be reinstated. The	973
board shall reinstate a certificate to practice suspended for	974
failure to register upon an applicant's submission of a renewal	975
application, the biennial registration fee, and the applicable	976
monetary penalty. The penalty for reinstatement shall be fifty	977
dollars. If the certificate has been suspended pursuant to this	978
division for more than two years, it may be restored. In	979
accordance withSubject to section 4731.222 of the Revised Code,	980
the board may restore a certificate to practice suspended for	981
failure to register upon an applicant's submission of a	982
restoration application, the biennial registration fee, and the	983
applicable monetary penalty and compliance with sections 4776.01	984
to 4776.04 of the Revised Code. The board shall not restore to an	985
applicant a certificate to practice unless the board, in its	986
discretion, decides that the results of the criminal records	987
check do not make the applicant ineligible for a certificate	988
issued pursuant to section 4731.14, 4731.56, or 4731.57 of the	989
Revised Code. The penalty for restoration shall be one hundred	990
dollars. The board shall deposit the penalties in accordance with	991
section 4731.24 of the Revised Code.	992

(E) If an individual certifies completion of the number of	993
hours and type of continuing medical education required to receive	994
a certificate of registration or reinstatement of a certificate to	995
practice, and the board finds through the random samples it	996
conducts under this section or through any other means that the	997
individual did not complete the requisite continuing medical	998
education, the board may impose a civil penalty of not more than	999
five thousand dollars. The board's finding shall be made pursuant	1000
to an adjudication under Chapter 119. of the Revised Code and by	1001
an affirmative vote of not fewer than six members.	1002

A civil penalty imposed under this division may be in	1003
addition to or in lieu of any other action the board may take	1004
under section 4731.22 of the Revised Code. The board shall deposit	1005
civil penalties in accordance with section 4731.24 of the Revised	1006
Code.	1007

(F) The state medical board may obtain information not	1008
protected by statutory or common law privilege from courts and	1009
other sources concerning malpractice claims against any person	1010
holding a certificate to practice under this chapter or practicing	1011
as provided in section 4731.36 of the Revised Code.	1012

(G) Each mailing sent by the board under division (B)(2) of	1013
this section to a person registered to practice medicine and	1014
surgery or osteopathic medicine and surgery shall inform the	1015
applicant of the reporting requirement established by division (H)	1016
of section 3701.79 of the Revised Code. At the discretion of the	1017
board, the information may be included on the application for	1018
registration or on an accompanying page.	1019

Sec. 4731.293.  (A) The state medical board may issue,	1020
without examination, a visiting medical faculty certificate to any	1021
person who holds a current, unrestricted license to practice	1022
medicine and surgery or osteopathic medicine and surgery issued by	1023
another state or country and has been appointed to serve in this	1024
state on the academic staff of a medical school accredited by the	1025
liaison committee on medical education or an osteopathic medical	1026
school accredited by the American osteopathic association. Except	1027
as provided in division (E) of this section, the board shall not	1028
issue more than one visiting medical faculty certificate to any	1029
particular person.	1030

(B) An applicant for a visiting medical faculty certificate	1031
shall submit evidence satisfactory to the board that hethe	1032
applicant meets the requirements of division (A) of this section.	1033
The applicant shall pay a fee of one hundred twenty-fivethree	1034
hundred seventy-five dollars. The board shall maintain a register	1035
of all persons who hold a visiting medical faculty certificate.	1036

(C) The holder of a visiting medical faculty certificate may	1037
practice medicine and surgery or osteopathic medicine and surgery	1038
only as is incidental to hiscertificate holder's teaching duties	1039
at the school or the teaching hospitals affiliated with the	1040
school. The board may revoke a certificate on receiving proof	1041
satisfactory to the board that the holder of the certificate has	1042
engaged in practice in this state outside the scope of the	1043
certificate or that there are grounds for action against himthe	1044
certificate holder under section 4731.22 of the Revised Code.	1045

(D) A visiting medical faculty certificate is valid for the	1046
shorter of one yearthree years or the duration of the holder's	1047
appointment to the academic staff of the school. The certificate	1048
may not be renewed.	1049

(E) If a person was granted a visiting medical faculty	1050
certificate before the effective date of this amendment, the	1051
person may apply for a second visiting medical faculty	1052
certificate, unless the person's first certificate was revoked.	1053
The board may issue the second certificate if the applicant	1054
complies with division (B) of this section.	1055

(F) The board may adopt any rules it considers necessary to	1056
implement this section. The rules shall be adopted in accordance	1057
with Chapter 119. of the Revised Code.	1058

Sec. 4760.131.  On receipt of a notice pursuant to section	1059
2301.3733123.43 of the Revised Code, the state medical board	1060
shall comply with that sectionsections 3123.41 to 3123.50 of the	1061
Revised Code and any applicable rules adopted under section	1062
3123.63 of the Revised Code with respect to a certificate of	1063
registration as an anesthesiologist assistant issued pursuant to	1064
this chapter.	1065

Section 2. That existing sections 3727.01, 3727.02, 3727.321,	1066
3727.41, 4503.44, 4715.62, 4730.03, 4730.09, 4731.15, 4731.155,	1067
4731.19, 4731.281, 4731.293, and 4760.131 of the Revised Code are	1068
hereby repealed.	1069

Section 3. (A) Notwithstanding any conflicting provision of	1070
section 4731.15 of the Revised Code, this section applies to the	1071
renewal of certificates to practice a limited branch of medicine	1072
in the registration period that begins in 2009.	1073

(B) On or before May 1, 2009, the State Medical Board shall	1074
mail or cause to be mailed a renewal notice to each person who	1075
holds a certificate to practice a limited branch of medicine. The	1076
notice shall be sent to the certificate holder's last known	1077
address. Failure to receive a notice from the Board does not	1078
excuse the certificate holder from the requirement to renew the	1079
certificate.	1080

On or before August 31, 2009, each certificate holder seeking	1081
renewal shall apply to the Board and pay the applicable fee	1082
specified in division (C) of this section. If an applicant meets	1083
the requirements for renewal, the Board shall renew the	1084
applicant's certificate to practice for the applicable length of	1085
time specified in division (C) of this section.	1086

(C) In renewing certificates to practice under this section,	1087
the Board shall charge the following fees and use the following	1088
expiration dates:	1089

(1) For applicants whose last name begins with the letters	1090
"A" through "B," the fee shall be forty-five dollars and the	1091
expiration date shall be July 1, 2011.	1092

(2) For applicants whose last name begins with the letters	1093
"C" through "D," the fee shall be forty dollars and the expiration	1094
date shall be April 1, 2011.	1095

(3) For applicants whose last name begins with the letters	1096
"E" through "G," the fee shall be thirty-five dollars and the	1097
expiration date shall be January 1, 2011.	1098

(4) For applicants whose last name begins with the letters	1099
"H" through "K," the fee shall be thirty dollars and the	1100
expiration date shall be October 1, 2010.	1101

(5) For applicants whose last name begins with the letters	1102
"L" through "M," the fee shall be seventy dollars and the	1103
expiration date shall be July 1, 2012.	1104

(6) For applicants whose last name begins with the letters	1105
"N" through "R," the fee shall be sixty-five dollars and the	1106
expiration date shall be April 1, 2012.	1107

(7) For applicants whose last name begins with the letter	1108
"S," the fee shall be sixty dollars and the expiration date shall	1109
be January 1, 2012.	1110

(8) For applicants whose last name begins with the letters	1111
"T" through "Z," the fee shall be fifty dollars and the expiration	1112
date shall be October 1, 2011.	1113

Section 4.  This act is hereby declared to be an emergency	1114
measure necessary for the immediate preservation of the public	1115
peace, health, and safety. The reason for such necessity is to	1116
ensure the continuity of medical care for the citizens of this	1117
state. Therefore, this act shall go into immediate effect.	1118