As Reported by the House Health Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 279

Senator Schuring 

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

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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 someone or allmore	85
of the 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, except those designated as time-limited	94
endorsements, included in the national voluntary consensus	95
standards for hospital care endorsed by the national quality	96
forum;	97

(5) Measures for hospitals reporting methicillin-resistant	98
staphylococcus aureus and clostridium difficile consistent with	99
United States centers for disease control national healthcare	100
safety network definitions.	101

(B) The group of experts shall not recommend any measure	102
identified as time-limited, temporary, or investigational by an	103
entity listed in divisions (A)(1) to (5) of this section.	104

(C) In considering whether to recommend that the director	105
include a particular measure in the rules, the group of experts	106
shall consider whether there are any excessive administrative or	107
financial implications associated with the reporting of	108
information by hospitals regarding their performance in meeting	109
the measure.	110

Sec. 3727.322. The director of health shall appoint a group	111
of experts in pediatric medicine consisting of physician	112
representatives of Ohio children's hospitals.	113

The group of experts shall develop, on an ongoing basis,	114
recommendations regarding measures for children's hospital	115
inpatient and outpatient services and submit the recommendations	116
to the director.	117

The members of the group shall serve without remuneration,	118
except to the extent that serving in the group is considered a	119
part of their regular employment duties. The members shall not be	120
reimbursed for expenses incurred in the performance of their	121
duties in the group.	122

Sec. 3727.41. (A) The(1) Following review by the public	123
health council, the director of health shall adopt rules	124
governing hospitals in their submission of information to the	125
director under sections 3727.33 and 3727.34 of the Revised Code.	126
The rules shall be adopted in accordance with Chapter 119. of the	127
Revised Code.	128

(2) Rules adopted by the director under division (A)(1) of	129
this section shall not require any of the following:	130

(a) A hospital to submit information regarding a performance,	131
quality, or service measure for which the hospital does not	132
provide the service;	133

(b) A children's hospital to report a performance, quality,	134
or service measure for patients eighteen years of age or older;	135

(c) A hospital to report a performance, quality, or service	136
measure that is identified as time-limited, temporary, or	137
investigational by an entity listed in divisions (A)(1) to (5) of	138
section 3727.321 of the Revised Code.	139

(B)(1) The rules for submission of information under section	140
3727.33 of the Revised Code shall include rules specifying the	141
inpatient and outpatient service measures to be used by hospitals	142
in submitting the information. The rules may include any of the	143
measures recommended by the group of experts convened under	144
section 3727.32 of the Revised Code and shall include measures	145
from one or more of the following entities but from no other	146
entity:	147

(a) Hospital quality measures publicly reported by the	148
centers for medicare and medicaid services;	149

(b) Hospital quality measures publicly reported by the joint	150
commission on accreditation of healthcare organizations;	151

(c) Measures that examine volume of cases, adjusted length of	152
stay, complications, infections, or mortality rates and are	153
developed by the agency for health care research and quality;	154

(d) Measures, except those designated as time-limited	155
endorsements, included in the national voluntary consensus	156
standards for hospital care endorsed by the national quality	157
forum;	158

(e) Measures recommended by the pediatric medicine group	159
under section 3727.322 of the Revised Code;	160

(f) Measures for hospitals reporting methicillin-resistant	161
staphylococcus aureus and clostridium difficile consistent with	162
United States centers for disease control national healthcare	163
safety network definitions.	164

(2) In adopting rules specifying the measures to be used by	165
hospitals in submitting the information, the director shall	166
consider both of the following:	167

(a) Whether hospitals have a sufficient caseload to make a	168
particular measure a reliable indicator of their ability to treat	169
a diagnosis or perform a procedure in a quality manner;	170

(b) Whether there are any excessive administrative or	171
financial implications associated with the reporting of	172
information by hospitals regarding their performance in meeting a	173
particular measure.	174

Sec. 4503.44.  (A) As used in this section and in section	175
4511.69 of the Revised Code:	176

(1) "Person with a disability that limits or impairs the	177
ability to walk" means any person who, as determined by a	178
physician, advanced practice nurse, or chiropractorhealth care	179
provider, meets any of the following criteria:	180

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

181

(b) Cannot walk without the use of, or assistance from, a	182
brace, cane, crutch, another person, prosthetic device,	183
wheelchair, or other assistive device;	184

(c) Is restricted by a lung disease to such an extent that	185
the person's forced (respiratory) expiratory volume for one	186
second, when measured by spirometry, is less than one liter, or	187
the arterial oxygen tension is less than sixty millimeters of	188
mercury on room air at rest;	189

(d) Uses portable oxygen;

190

(e) Has a cardiac condition to the extent that the person's	191
functional limitations are classified in severity as class III or	192
class IV according to standards set by the American heart	193
association;	194

(f) Is severely limited in the ability to walk due to an	195
arthritic, neurological, or orthopedic condition;	196

(g) Is blind.

197

(2) "Organization" means any private organization or	198
corporation, or any governmental board, agency, department,	199
division, or office, that, as part of its business or program,	200
transports persons with disabilities that limit or impair the	201
ability to walk on a regular basis in a motor vehicle that has not	202
been altered for the purpose of providing it with special	203
equipment for use by handicapped persons. This definition does not	204
apply to division (J) of this section.	205

(3) "Health care provider" means a physician, physician	206
assistant, advanced practice nurse, or chiropractor as defined in	207
this section.	208

(4) "Physician" means a person licensed to practice medicine	209
or surgery or osteopathic medicine and surgery under Chapter 4731.	210
of the Revised Code.	211

(4)(5) "Chiropractor" means a person licensed to practice	212
chiropractic under Chapter 4734. of the Revised Code.	213

(5)(6) "Advanced practice nurse" means any certified nurse	214
practitioner, clinical nurse specialist, certified registered	215
nurse anesthetist, or certified nurse-midwife who holds a	216
certificate of authority issued by the board of nursing under	217
Chapter 4723. of the Revised Code.	218

(7) "Physician assistant" means a person who holds a	219
certificate to practice as a physician assistant issued under	220
Chapter 4730. of the Revised Code.	221

(B) Any organization or person with a disability that limits	222
or impairs the ability to walk may apply to the registrar of motor	223
vehicles for a removable windshield placard or, if the person owns	224
or leases a motor vehicle, the person may apply for the	225
registration of any motor vehicle the person owns or leases. In	226
addition to one or more sets of license plates or one placard, a	227
person with a disability that limits or impairs the ability to	228
walk is entitled to one additional placard, but only if the person	229
applies separately for the additional placard, states the reasons	230
why the additional placard is needed, and the registrar, in the	231
registrar's discretion, determines that good and justifiable cause	232
exists to approve the request for the additional placard. When a	233
motor vehicle has been altered for the purpose of providing it	234
with special equipment for a person with a disability that limits	235
or impairs the ability to walk, but is owned or leased by someone	236
other than such a person, the owner or lessee may apply to the	237
registrar or a deputy registrar for registration under this	238
section. The application for registration of a motor vehicle owned	239
or leased by a person with a disability that limits or impairs the	240
ability to walk shall be accompanied by a signed statement from	241
the applicant's personal physician, advanced practice nurse, or	242
chiropractorhealth care provider certifying that the applicant	243
meets at least one of the criteria contained in division (A)(1) of	244
this section and that the disability is expected to continue for	245
more than six consecutive months. The application for a removable	246
windshield placard made by a person with a disability that limits	247
or impairs the ability to walk shall be accompanied by a	248
prescription from the applicant's personal physician, advanced	249
practice nurse, or chiropractorhealth care provider prescribing	250
such a placard for the applicant, provided that the applicant	251
meets at least one of the criteria contained in division (A)(1) of	252
this section. The physician, advanced practice nurse, or	253
chiropractorhealth care provider shall state on the prescription	254
the length of time the physician, advanced practice nurse, or	255
chiropractorhealth care provider expects the applicant to have	256
the disability that limits or impairs the applicant's ability to	257
walk. The application for a removable windshield placard made by	258
an organization shall be accompanied by such documentary evidence	259
of regular transport of persons with disabilities that limit or	260
impair the ability to walk by the organization as the registrar	261
may require by rule and shall be completed in accordance with	262
procedures that the registrar may require by rule. The application	263
for registration of a motor vehicle that has been altered for the	264
purpose of providing it with special equipment for a person with a	265
disability that limits or impairs the ability to walk but is owned	266
by someone other than such a person shall be accompanied by such	267
documentary evidence of vehicle alterations as the registrar may	268
require by rule.	269

(C) When an organization, a person with a disability that	270
limits or impairs the ability to walk, or a person who does not	271
have a disability that limits or impairs the ability to walk but	272
owns a motor vehicle that has been altered for the purpose of	273
providing it with special equipment for a person with a disability	274
that limits or impairs the ability to walk first submits an	275
application for registration of a motor vehicle under this section	276
and every fifth year thereafter, the organization or person shall	277
submit a signed statement from the applicant's personal physician,	278
advanced practice nurse, or chiropractorhealth care provider, a	279
completed application, and any required documentary evidence of	280
vehicle alterations as provided in division (B) of this section,	281
and also a power of attorney from the owner of the motor vehicle	282
if the applicant leases the vehicle. Upon submission of these	283
items, the registrar or deputy registrar shall issue to the	284
applicant appropriate vehicle registration and a set of license	285
plates and validation stickers, or validation stickers alone when	286
required by section 4503.191 of the Revised Code. In addition to	287
the letters and numbers ordinarily inscribed thereon, the license	288
plates shall be imprinted with the international symbol of access.	289
The license plates and validation stickers shall be issued upon	290
payment of the regular license fee as prescribed under section	291
4503.04 of the Revised Code and any motor vehicle tax levied under	292
Chapter 4504. of the Revised Code, and the payment of a service	293
fee equal to the amount specified in division (D) or (G) of	294
section 4503.10 of the Revised Code.	295

(D)(1) Upon receipt of a completed and signed application for	296
a removable windshield placard, a prescription as described in	297
division (B) of this section, documentary evidence of regular	298
transport of persons with disabilities that limit or impair the	299
ability to walk, if required, and payment of a service fee equal	300
to the amount specified in division (D) or (G) of section 4503.10	301
of the Revised Code, the registrar or deputy registrar shall issue	302
to the applicant a removable windshield placard, which shall bear	303
the date of expiration on both sides of the placard and shall be	304
valid until expired, revoked, or surrendered. Every removable	305
windshield placard expires as described in division (D)(2) of this	306
section, but in no case shall a removable windshield placard be	307
valid for a period of less than sixty days. Removable windshield	308
placards shall be renewable upon application as provided in	309
division (B) of this section, and a service fee equal to the	310
amount specified in division (D) or (G) of section 4503.10 of the	311
Revised Code shall be charged for the renewal of a removable	312
windshield placard. The registrar shall provide the application	313
form and shall determine the information to be included thereon.	314
The registrar also shall determine the form and size of the	315
removable windshield placard, the material of which it is to be	316
made, and any other information to be included thereon, and shall	317
adopt rules relating to the issuance, expiration, revocation,	318
surrender, and proper display of such placards. Any placard	319
issued after October 14, 1999, shall be manufactured in a manner	320
that allows the expiration date of the placard to be indicated on	321
it through the punching, drilling, boring, or creation by any	322
other means of holes in the placard.	323

(2) At the time a removable windshield placard is issued to a	324
person with a disability that limits or impairs the ability to	325
walk, the registrar or deputy registrar shall enter into the	326
records of the bureau of motor vehicles the last date on which the	327
person will have that disability, as indicated on the accompanying	328
prescription. Not less than thirty days prior to that date and all	329
removable windshield placard renewal dates, the bureau shall send	330
a renewal notice to that person at the person's last known address	331
as shown in the records of the bureau, informing the person that	332
the person's removable windshield placard will expire on the	333
indicated date not to exceed five years from the date of issuance,	334
and that the person is required to renew the placard by submitting	335
to the registrar or a deputy registrar another prescription, as	336
described in division (B) of this section, and by complying with	337
the renewal provisions prescribed in division (D)(1) of this	338
section. If such a prescription is not received by the registrar	339
or a deputy registrar by that date, the placard issued to that	340
person expires and no longer is valid, and this fact shall be	341
recorded in the records of the bureau.	342

(3) At least once every year, on a date determined by the	343
registrar, the bureau shall examine the records of the office of	344
vital statistics, located within the department of health, that	345
pertain to deceased persons, and also the bureau's records of all	346
persons who have been issued removable windshield placards and	347
temporary removable windshield placards. If the records of the	348
office of vital statistics indicate that a person to whom a	349
removable windshield placard or temporary removable windshield	350
placard has been issued is deceased, the bureau shall cancel that	351
placard, and note the cancellation in its records.	352

The office of vital statistics shall make available to the	353
bureau all information necessary to enable the bureau to comply	354
with division (D)(3) of this section.	355

(4) Nothing in this section shall be construed to require a	356
person or organization to apply for a removable windshield placard	357
or special license plates if the parking card or special license	358
plates issued to the person or organization under prior law have	359
not expired or been surrendered or revoked.	360

(E)(1)(a) Any person with a disability that limits or impairs	361
the ability to walk may apply to the registrar or a deputy	362
registrar for a temporary removable windshield placard. The	363
application for a temporary removable windshield placard shall be	364
accompanied by a prescription from the applicant's personal	365
physician, advanced practice nurse, or chiropractorhealth care	366
provider prescribing such a placard for the applicant, provided	367
that the applicant meets at least one of the criteria contained in	368
division (A)(1) of this section and that the disability is	369
expected to continue for six consecutive months or less. The	370
physician, advanced practice nurse, or chiropractorhealth care	371
provider shall state on the prescription the length of time the	372
physician, advanced practice nurse, or chiropractorhealth care	373
provider expects the applicant to have the disability that limits	374
or impairs the applicant's ability to walk, which cannot exceed	375
six months from the date of the prescription. Upon receipt of an	376
application for a temporary removable windshield placard,	377
presentation of the prescription from the applicant's personal	378
physician, advanced practice nurse, or chiropractorhealth care	379
provider, and payment of a service fee equal to the amount	380
specified in division (D) or (G) of section 4503.10 of the Revised	381
Code, the registrar or deputy registrar shall issue to the	382
applicant a temporary removable windshield placard.	383

(b) Any active-duty member of the armed forces of the United	384
States, including the reserve components of the armed forces and	385
the national guard, who has an illness or injury that limits or	386
impairs the ability to walk may apply to the registrar or a deputy	387
registrar for a temporary removable windshield placard. With the	388
application, the person shall present evidence of the person's	389
active-duty status and the illness or injury. Evidence of the	390
illness or injury may include a current department of defense	391
convalescent leave statement, any department of defense document	392
indicating that the person currently has an ill or injured	393
casualty status or has limited duties, or a prescription from any	394
physician, advanced practice nurse, or chiropractorhealth care	395
provider prescribing the placard for the applicant. Upon receipt	396
of the application and the necessary evidence, the registrar or	397
deputy registrar shall issue the applicant the temporary removable	398
windshield placard without the payment of any service fee.	399

(2) The temporary removable windshield placard shall be of	400
the same size and form as the removable windshield placard, shall	401
be printed in white on a red-colored background, and shall bear	402
the word "temporary" in letters of such size as the registrar	403
shall prescribe. A temporary removable windshield placard also	404
shall bear the date of expiration on the front and back of the	405
placard, and shall be valid until expired, surrendered, or	406
revoked, but in no case shall such a placard be valid for a period	407
of less than sixty days. The registrar shall provide the	408
application form and shall determine the information to be	409
included on it, provided that the registrar shall not require a	410
physician, advanced practice nurse, or chiropractor'shealth care	411
provider's prescription or certification for a person applying	412
under division (E)(1)(b) of this section. The registrar also shall	413
determine the material of which the temporary removable windshield	414
placard is to be made and any other information to be included on	415
the placard and shall adopt rules relating to the issuance,	416
expiration, surrender, revocation, and proper display of those	417
placards. Any temporary removable windshield placard issued after	418
October 14, 1999, shall be manufactured in a manner that allows	419
for the expiration date of the placard to be indicated on it	420
through the punching, drilling, boring, or creation by any other	421
means of holes in the placard.	422

(F) If an applicant for a removable windshield placard is a	423
veteran of the armed forces of the United States whose disability,	424
as defined in division (A)(1) of this section, is	425
service-connected, the registrar or deputy registrar, upon receipt	426
of the application, presentation of a signed statement from the	427
applicant's personal physician, advanced practice nurse, or	428
chiropractorhealth care provider certifying the applicant's	429
disability, and presentation of such documentary evidence from the	430
department of veterans affairs that the disability of the	431
applicant meets at least one of the criteria identified in	432
division (A)(1) of this section and is service-connected as the	433
registrar may require by rule, but without the payment of any	434
service fee, shall issue the applicant a removable windshield	435
placard that is valid until expired, surrendered, or revoked.	436

(G) Upon a conviction of a violation of division (I), (J), or	437
(K) of this section, the court shall report the conviction, and	438
send the placard or parking card, if available, to the registrar,	439
who thereupon shall revoke the privilege of using the placard or	440
parking card and send notice in writing to the placardholder or	441
cardholder at that holder's last known address as shown in the	442
records of the bureau, and the placardholder or cardholder shall	443
return the placard or card if not previously surrendered to the	444
court, to the registrar within ten days following mailing of the	445
notice.	446

Whenever a person to whom a removable windshield placard or	447
parking card has been issued moves to another state, the person	448
shall surrender the placard or card to the registrar; and whenever	449
an organization to which a placard or card has been issued changes	450
its place of operation to another state, the organization shall	451
surrender the placard or card to the registrar.	452

(H) Subject to division (F) of section 4511.69 of the Revised	453
Code, the operator of a motor vehicle displaying a removable	454
windshield placard, temporary removable windshield placard,	455
parking card, or the special license plates authorized by this	456
section is entitled to park the motor vehicle in any special	457
parking location reserved for persons with disabilities that limit	458
or impair the ability to walk, also known as handicapped parking	459
spaces or disability parking spaces.	460

(I) No person or organization that is not eligible under	461
division (B) or (E) of this section shall willfully and falsely	462
represent that the person or organization is so eligible.	463

No person or organization shall display license plates issued	464
under this section unless the license plates have been issued for	465
the vehicle on which they are displayed and are valid.	466

(J) No person or organization to which a removable windshield	467
placard or temporary removable windshield placard is issued shall	468
do either of the following:	469

(1) Display or permit the display of the placard on any motor	470
vehicle when having reasonable cause to believe the motor vehicle	471
is being used in connection with an activity that does not include	472
providing transportation for persons with disabilities that limit	473
or impair the ability to walk;	474

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

475

(K)(1) No person or organization to which a parking card is	476
issued shall do either of the following:	477

(a) Display or permit the display of the parking card on any	478
motor vehicle when having reasonable cause to believe the motor	479
vehicle is being used in connection with an activity that does not	480
include providing transportation for a handicapped person;	481

(b) Refuse to return or surrender the parking card, when	482
required.	483

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

484

(a) "Handicapped person" means any person who has lost the	485
use of one or both legs or one or both arms, who is blind, deaf,	486
or so severely handicapped as to be unable to move about without	487
the aid of crutches or a wheelchair, or whose mobility is	488
restricted by a permanent cardiovascular, pulmonary, or other	489
handicapping condition.	490

(b) "Organization" means any private organization or	491
corporation, or any governmental board, agency, department,	492
division, or office, that, as part of its business or program,	493
transports handicapped persons on a regular basis in a motor	494
vehicle that has not been altered for the purposes of providing it	495
with special equipment for use by handicapped persons.	496

(L) If a removable windshield placard, temporary removable	497
windshield placard, or parking card is lost, destroyed, or	498
mutilated, the placardholder or cardholder may obtain a duplicate	499
by doing both of the following:	500

(1) Furnishing suitable proof of the loss, destruction, or	501
mutilation to the registrar;	502

(2) Paying a service fee equal to the amount specified in	503
division (D) or (G) of section 4503.10 of the Revised Code.	504

Any placardholder or cardholder who loses a placard or card	505
and, after obtaining a duplicate, finds the original, immediately	506
shall surrender the original placard or card to the registrar.	507

(M) The registrar shall pay all fees received under this	508
section for the issuance of removable windshield placards or	509
temporary removable windshield placards or duplicate removable	510
windshield placards or cards into the state treasury to the credit	511
of the state bureau of motor vehicles fund created in section	512
4501.25 of the Revised Code.	513

(N) For purposes of enforcing this section, every peace	514
officer is deemed to be an agent of the registrar. Any peace	515
officer or any authorized employee of the bureau of motor vehicles	516
who, in the performance of duties authorized by law, becomes aware	517
of a person whose placard or parking card has been revoked	518
pursuant to this section, may confiscate that placard or parking	519
card and return it to the registrar. The registrar shall prescribe	520
any forms used by law enforcement agencies in administering this	521
section.	522

No peace officer, law enforcement agency employing a peace	523
officer, or political subdivision or governmental agency employing	524
a peace officer, and no employee of the bureau is liable in a	525
civil action for damages or loss to persons arising out of the	526
performance of any duty required or authorized by this section. As	527
used in this division, "peace officer" has the same meaning as in	528
division (B) of section 2935.01 of the Revised Code.	529

(O) All applications for registration of motor vehicles,	530
removable windshield placards, and temporary removable windshield	531
placards issued under this section, all renewal notices for such	532
items, and all other publications issued by the bureau that relate	533
to this section shall set forth the criminal penalties that may be	534
imposed upon a person who violates any provision relating to	535
special license plates issued under this section, the parking of	536
vehicles displaying such license plates, and the issuance,	537
procurement, use, and display of removable windshield placards and	538
temporary removable windshield placards issued under this section.	539

(P) Whoever violates this section is guilty of a misdemeanor	540
of the fourth degree.	541

Sec. 4715.62.  (A) Each individual seeking to register with	542
the state dental board as an expanded function dental auxiliary	543
shall file with the secretary of the board a written application	544
for registration, under oath, on a form the board shall prescribe	545
and provide. An applicant shall include with the completed	546
application all of the following:	547

(1) An application fee of twenty dollars;

548

(2) Proof satisfactory to the board that the applicant has	549
successfully completed, at an educational institution accredited	550
by the commission on dental accreditation of the American dental	551
association or the higher learning commission of the north central	552
association of colleges and schools, the education or training	553
specified by the board in rules adopted under section 4715.66 of	554
the Revised Code as the education or training that is necessary to	555
obtain registration under this chapter to practice as an expanded	556
function dental auxiliary, as evidenced by a diploma or other	557
certificate of graduation or completion that has been signed by an	558
appropriate official of the accredited institution that provided	559
education or training;	560

(3) Proof satisfactory to the board that the applicant has	561
passed an examination that meets the standards established by the	562
board in rules adopted under section 4715.66 of the Revised Code	563
to be accepted by the board as an examination of competency to	564
practice as an expanded function dental auxiliary;	565

(4) Proof that the applicant holds current certification to	566
perform basic life-support procedures, evidenced by documentation	567
showing the successful completion of a basic life-support training	568
course certified by either the American red cross or, the American	569
heart association, or the American safety and health institute.	570

(B) If an applicant complies with division (A) of this	571
section, the board shall register the applicant as an expanded	572
function dental auxiliary.	573

Sec. 4730.03.  Nothing in this chapter shall:

574

(A) Be construed to affect or interfere with the performance	575
of duties of any medical personnel inwho are either of the	576
following:	577

(1) In active service in the army, navy, coast guard, marine	578
corps, air force, public health service, or marine hospital	579
service of the United States while so serving;	580

(2) Employed by the veterans administration of the United	581
States while so employed;	582

(B) Prevent any person from performing any of the services a	583
physician assistant may be authorized to perform, if the person's	584
professional scope of practice established under any other chapter	585
of the Revised Code authorizes the person to perform the services;	586

(C) Prohibit a physician from delegating responsibilities to	587
any nurse or other qualified person who does not hold a	588
certificate to practice as a physician assistant, provided that	589
the individual does not hold the individual out to be a physician	590
assistant;	591

(D) Be construed as authorizing a physician assistant	592
independently to order or direct the execution of procedures or	593
techniques by a registered nurse or licensed practical nurse in	594
the care and treatment of a person in any setting, except to the	595
extent that the physician assistant is authorized to do so by the	596
physician supervisory plan approved under section 4730.17 of the	597
Revised Code for the physician who is responsible for supervising	598
the physician assistant or the policies of the health care	599
facility in which the physician assistant is practicing;	600

(E) Authorize a physician assistant to engage in the practice	601
of optometry, except to the extent that the physician assistant is	602
authorized by a supervising physician acting in accordance with	603
this chapter to perform routine visual screening, provide medical	604
care prior to or following eye surgery, or assist in the care of	605
diseases of the eye;	606

(F) Be construed as authorizing a physician assistant to	607
prescribe any drug or device to perform or induce an abortion, or	608
as otherwise authorizing a physician assistant to perform or	609
induce an abortion.	610

Sec. 4730.09. (A) Under a physician supervisory plan approved	611
under section 4730.17 of the Revised Code, a physician assistant	612
may provide any or all of the following services without approval	613
by the state medical board as special services:	614

(1) Obtaining comprehensive patient histories;

615

(2) Performing physical examinations, including audiometry	616
screening, routine visual screening, and pelvic, rectal, and	617
genital-urinary examinations, when indicated;	618

(3) Ordering, performing, or ordering and performing routine	619
diagnostic procedures, as indicated;	620

(4) Identifying normal and abnormal findings on histories,	621
physical examinations, and commonly performed diagnostic studies;	622

(5) Assessing patients and developing and implementing	623
treatment plans for patients;	624

(6) Monitoring the effectiveness of therapeutic	625
interventions;	626

(7) Exercising physician-delegated prescriptive authority	627
pursuant to a certificate to prescribe issued under this chapter;	628

(8) Carrying out or relaying the supervising physician's	629
orders for the administration of medication, to the extent	630
permitted by law;	631

(9) Providing patient education;

632

(10) Instituting and changing orders on patient charts;

633

(11) Performing developmental screening examinations on	634
children with regard to neurological, motor, and mental functions;	635

(12) Performing wound care management, suturing minor	636
lacerations and removing the sutures, and incision and drainage of	637
uncomplicated superficial abscesses;	638

(13) Removing superficial foreign bodies;

639

(14) Administering intravenous fluids;

640

(15) Inserting a foley or cudae catheter into the urinary	641
bladder and removing the catheter;	642

(16) Removing intrauterine devices;

643

(17) Performing biopsies of superficial lesions;

644

(18) Making appropriate referrals as directed by the	645
supervising physician;	646

(19) Removing norplant capsules;

647

(20) Performing penile duplex ultrasound;

648

(21) Changing of a tracheostomy;

649

(22) Performing bone marrow aspirations from the posterior	650
iliac crest;	651

(23) Performing bone marrow biopsies from the posterior iliac	652
crest;	653

(24) Performing cystograms;

654

(25) Performing nephrostograms after physician placement of	655
nephrostomy tubes;	656

(26) Fitting or inserting family planning devices, including	657
intrauterine devices, diaphragms, and cervical caps;	658

(27) Removing cervical polyps;

659

(28) Performing nerve conduction testing;

660

(29) Performing endometrial biopsies;

661

(30) Inserting filiform and follower catheters;

662

(31) Performing arthrocentesis of the knee;

663

(32) Performing knee joint injections;

664

(33) Performing endotracheal intubation with successful	665
completion of an advanced cardiac life support course;	666

(34) Performing lumbar punctures;

667

(35) In accordance with rules adopted by the board, using	668
light-based medical devices for the purpose of hair removal;	669

(36) Administering, monitoring, or maintaining local	670
anesthesia, as defined in section 4730.091 of the Revised Code;	671

(37) Applying or removing a cast or splint;

672

(38) Performing other services that are within the	673
supervising physician's normal course of practice and expertise,	674
if the services are included in any model physician supervisory	675
plan approved under section 4730.06 of the Revised Code or the	676
services are designated by the board by rule or other means as	677
services that are not subject to approval as special services.	678

(B) Under the policies of a health care facility, the	679
services a physician assistant may provide are limited to the	680
services the facility has authorized the physician assistant to	681
provide for the facility. The services a health care facility may	682
authorize a physician assistant to provide for the facility	683
include the following:	684

(1) Any or all of the services specified in division (A) of	685
this section;	686

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

687

(3) Any other services permitted by the policies of the	688
health care facility, except that the facility may not authorize a	689
physician assistant to perform a service that is prohibited by	690
this chapter.	691

Sec. 4731.15.  (A)(1) The state medical board also shall	692
regulate the following limited branches of medicine: massage	693
therapy and cosmetic therapy, and to the extent specified in	694
section 4731.151 of the Revised Code, naprapathy and	695
mechanotherapy. The board shall adopt rules governing the limited	696
branches of medicine under its jurisdiction. The rules shall be	697
adopted in accordance with Chapter 119. of the Revised Code.	698

(2) As used in this chapter, "cosmetic therapy" means the	699
permanent removal of hair from the human body through the use of	700
electric modalities approved by the board for use in cosmetic	701
therapy, and additionally may include the systematic friction,	702
stroking, slapping, and kneading or tapping of the face, neck,	703
scalp, or shoulders.	704

(B) All persons who holdA certificate to practice a limited	705
branch of medicine issued by the state medical board is valid for	706
a two-year period, except when an initial certificate is issued	707
for a shorter period or when division (C)(2) of this section is	708
applicable. The certificate may be renewed in accordance with	709
division (C) of this section.	710

(C)(1) Except as provided in division (C)(2) of this section,	711
all of the following apply with respect to the renewal of	712
certificates to practice a limited branch of medicine:	713

(a) Each person seeking to renew a certificate to practice a	714
limited branch of medicine issued by the state medical board,	715
whether residents of this state or not, shall on or before the	716
first day of June of each odd-numbered year, registerapply for	717
biennial registration with the state medical board on a renewal	718
application form prescribed by the board and. An applicant for	719
renewal shall pay at such time a biennial registration fee of	720
fifty dollars. At least one month in advance of the date of	721
registration, a written notice that the biennial registration fee	722
is due on or before the first day of June shall be sent to each	723
holder of a certificate to practice a limited branch of medicine,	724
at the person's	725

(b) At least six months before a certificate expires, the	726
board shall mail or cause to be mailed a renewal notice to the	727
certificate holder's last known address. All	728

(c) At least three months before a certificate expires, the	729
certificate holder shall submit the renewal application and	730
biennial registration fee to the board.	731

(2) Beginning with the 2009 registration period, the board	732
shall implement a staggered renewal system that is substantially	733
similar to the staggered renewal system the board uses under	734
division (B) of section 4731.281 of the Revised Code.	735

(D) All persons who hold a certificate to practice a limited	736
branch of medicine issued by the state medical board shall	737
provide the board written notice of any change of address. The	738
notice shall be submitted to the board not later than thirty days	739
after the change of address.	740

(E) A certificate to practice a limited branch of medicine	741
shall be automatically suspended if the fee is not paid by the	742
first day of September of the year it is duecertificate holder	743
fails to renew the certificate in accordance with division (C) of	744
this section. Continued practice after the suspension of the	745
certificate to practice shall be considered as practicing in	746
violation of sections 4731.34 and 4731.41 of the Revised Code.	747
Subject to section 4731.222 of the Revised Code, if	748

If a certificate to practice has been suspended pursuant to	749
this division for two years or less, theit may be reinstated.	750
The board shall reinstate athe certificate to practice suspended	751
for failure to register upon an applicant's submission of a	752
renewal application and payment of the biennial registration fee	753
and the applicable monetary penalty. With regard to	754
reinstatement of a certificate to practice cosmetic therapy, the	755
applicant also shall submit with the application a certification	756
that the number of hours of continuing education necessary to	757
have a suspended certificate reinstated have been completed, as	758
specified in rules the board shall adopt in accordance with	759
Chapter 119. of the Revised Code. The penalty for reinstatement	760
shall be twenty-five dollars. If	761

If a certificate has been suspended pursuant to this	762
division for more than two years, it may be restored. Subject to	763
section 4731.222 of the Revised Code, the board may restore the	764
certificate upon an applicant's submission of a restoration	765
application, the biennial registration fee, and the applicable	766
monetary penalty and compliance with sections 4776.01 to	767
4776.04 of the Revised Code. The board shall not restore to an	768
applicant a certificate to practice unless the board, in its	769
discretion, decides that the results of the criminal records	770
check do not make the applicant ineligible for a certificate	771
issued pursuant to section 4731.18 of the Revised Code. The	772
penalty for restoration is fifty dollars.	773

Sec. 4731.155.  (A) EachExcept as provided in division (D)	774
of this section, each person holding a certificate to practice	775
cosmetic therapy within this state shall complete biennially not	776
less than twenty-five hours of continuing cosmetic therapy	777
education.	778

Cosmetic therapists shall earn continuing education credits	779
at the rate of one-half credit hour for each twenty-five to thirty	780
minutes of instruction and one credit hour for each fifty to sixty	781
minutes of instruction.	782

(B) Only continuing education approved by the state medical	783
board may be used to fulfill the requirements of division (A) of	784
this section.	785

(C) Each certified cosmetic therapist shall submit to the	786
board at the time of biennial registrationrenewal pursuant to	787
section 4731.15 of the Revised Code a sworn affidavit, in a form	788
acceptable to the board, attesting that hethe cosmetic therapist	789
has completed continuing education programs in compliance with	790
this section and listing the date, location, sponsor, subject	791
matter, and hours completed of the programs.	792

(D) The board shall adopt rules providing for pro rata	793
reductionsadjustments by month of the hours of continuing	794
education required by this section for persons who first receive a	795
certificate during a registration period or who have a	796
registration period that is shorter or longer than two years	797
because of the implementation of a staggered renewal system under	798
section 4731.15 of the Revised Code.	799

The board may excuse a cosmetic therapist from all or any	800
part of the requirements of this section because of an unusual	801
circumstance, emergency, or special hardship.	802

(E) Failure to comply with the requirements of this section	803
constitutes a failure to renew registration pursuant to section	804
4731.15 of the Revised Code.	805

Sec. 4731.19. (A) The state medical board shall determine the	806
standing of the schools, colleges, or institutions giving	807
instruction in the limited branches of medicine of massage therapy	808
and cosmetic therapy. If there shall at any time be such schools,	809
colleges, or institutions giving instruction in such limited	810
branches, the	811

(B) An applicant for a certificate to practice a limited	812
branch of medicine shall, as a condition of admission to the	813
examination, produce ahave one of the following:	814

(1) A diploma or certificate from a school, college, or	815
institution in good standing as determined by the board, showing	816
the completion of the required courses of instruction;	817

(2) A current license, registration, or certificate that is	818
in good standing in another state for massage therapy or cosmetic	819
therapy, as applicable;	820

(3) Certification from a national certification body and a	821
diploma or certificate from a school, college, or institution	822
showing completion of a course of instruction that meets course	823
requirements determined by the board through rules adopted under	824
section 4731.05 of the Revised Code.	825

The entrance examiner of the board shall determine the	826
sufficiency of the preliminary education of applicants for a	827
certificate to practice massage therapy or cosmetic therapy in the	828
same manner that sufficiency of preliminary education is	829
determined under section 4731.09 of the Revised Code, except that	830
the board may adopt rules defining and establishing for the	831
limited branch of medicine preliminary educational requirements	832
that are less exacting than those prescribed by such section, as	833
the nature of the case may require.	834

Sec. 4731.281.  (A) On or before the deadline established	835
under division (B) of this section for applying for renewal of a	836
certificate of registration, each person holding a certificate	837
under this chapter to practice medicine and surgery, osteopathic	838
medicine and surgery, or podiatric medicine and surgery shall	839
certify to the state medical board that in the preceding two years	840
the person has completed one hundred hours of continuing medical	841
education. The certification shall be made upon the application	842
for biennial registration submitted pursuant to division (B) of	843
this section. The board shall adopt rules providing for pro rata	844
reductions by month of the number of hours of continuing education	845
required for persons who are in their first registration period,	846
who have a registration period of less than two years due to	847
initial implementation of the staggered renewal schedule	848
established under division (B) of this section, who have been	849
disabled due to illness or accident, or who have been absent from	850
the country.	851

In determining whether a course, program, or activity	852
qualifies for credit as continuing medical education, the board	853
shall approve all continuing medical education taken by persons	854
holding a certificate to practice medicine and surgery that is	855
certified by the Ohio state medical association, all continuing	856
medical education taken by persons holding a certificate to	857
practice osteopathic medicine and surgery that is certified by the	858
Ohio osteopathic association, and all continuing medical education	859
taken by persons holding a certificate to practice podiatry	860
podiatric medicine and surgery that is certified by the Ohio	861
podiatric medical association. Each person holding a certificate	862
to practice under this chapter shall be given sufficient choice of	863
continuing education programs to ensure that the person has had a	864
reasonable opportunity to participate in continuing education	865
programs that are relevant to the person's medical practice in	866
terms of subject matter and level.	867

The board may require a random sample of persons holding a	868
certificate to practice under this chapter to submit materials	869
documenting completion of the continuing medical education	870
requirement during the preceding registration period, but this	871
provision shall not limit the board's authority to investigate	872
pursuant to section 4731.22 of the Revised Code.	873

(B)(1) Every person holding a certificate under this chapter	874
to practice medicine and surgery, osteopathic medicine and	875
surgery, or podiatric medicine and surgery wishing to renew that	876
certificate shall apply to the board for a certificate of	877
registration upon an application furnished by the board, and pay	878
to the board at the time of application a fee of three hundred	879
five dollars, according to the following schedule:	880

(a) Persons whose last name begins with the letters "A"	881
through "B," on or before April 1, 2001, and the first day of	882
April of every odd-numbered year thereafter;	883

(b) Persons whose last name begins with the letters "C"	884
through "D," on or before January 1, 2001, and the first day of	885
January of every odd-numbered year thereafter;	886

(c) Persons whose last name begins with the letters "E"	887
through "G," on or before October 1, 2000, and the first day of	888
October of every even-numbered year thereafter;	889

(d) Persons whose last name begins with the letters "H"	890
through "K," on or before July 1, 2000, and the first day of July	891
of every even-numbered year thereafter;	892

(e) Persons whose last name begins with the letters "L"	893
through "M," on or before April 1, 2000, and the first day of	894
April of every even-numbered year thereafter;	895

(f) Persons whose last name begins with the letters "N"	896
through "R," on or before January 1, 2000, and the first day of	897
January of every even-numbered year thereafter;	898

(g) Persons whose last name begins with the letter "S," on	899
or before October 1, 1999, and the first day of October of every	900
odd-numbered year thereafter;	901

(h) Persons whose last name begins with the letters "T"	902
through "Z," on or before July 1, 1999, and the first day of July	903
of every odd-numbered year thereafter.	904

The board shall deposit the fee in accordance with section	905
4731.24 of the Revised Code, except that the board shall deposit	906
twenty dollars of the fee into the state treasury to the credit of	907
the physician loan repayment fund created by section 3702.78 of	908
the Revised Code.	909

(2) The board shall mail or cause to be mailed to every	910
person registered to practice medicine and surgery, osteopathic	911
medicine and surgery, or podiatric medicine and surgery, an	912
application fora notice of registration renewal addressed to the	913
person's last known post-office address or may cause the	914
applicationnotice to be sent to the person through the secretary	915
of any recognized medical, osteopathic, or podiatric society,	916
according to the following schedule:	917

(a) To persons whose last name begins with the letters "A"	918
through "B," on or before January 1, 2001, and the first day of	919
January of every odd-numbered year thereafter;	920

(b) To persons whose last name begins with the letters "C"	921
through "D," on or before October 1, 2000, and the first day of	922
October of every even-numbered year thereafter;	923

(c) To persons whose last name begins with the letters "E"	924
through "G," on or before July 1, 2000, and the first day of July	925
of every even-numbered year thereafter;	926

(d) To persons whose last name begins with the letters "H"	927
through "K," on or before April 1, 2000, and the first day of	928
April of every even-numbered year thereafter;	929

(e) To persons whose last name begins with the letters "L"	930
through "M," on or before January 1, 2000, and the first day of	931
January of every even-numbered year thereafter;	932

(f) To persons whose last name begins with the letters "N"	933
through "R," on or before October 1, 1999, and the first day of	934
October of every odd-numbered year thereafter;	935

(g) To persons whose last name begins with the letter "S,"	936
on or before July 1, 1999, and the first day of July of every	937
odd-numbered year thereafter;	938

(h) To persons whose last name begins with the letters "T"	939
through "Z," on or before April 1, 1999, and the first day of	940
April of every odd-numbered year thereafter.	941

Failure of any person to receive an applicationa notice of	942
renewal from the board shall not excuse the person from the	943
requirements contained in this section. The application shall	944
contain proper spaces for the applicant's signature and the	945
insertion of the required information, including a statement that	946
the person has fulfilled the continuing education requirements	947
imposed by this section.	948

The notice shall inform the applicant of the renewal	949
procedure. The board shall provide the application for	950
registration renewal in a form determined by the board. The	951
applicant shall write or cause to be written uponprovide in the	952
application so furnished the applicant's full name, principal	953
practice address and residence address, the number of the	954
applicant's certificate to practice, and any other facts for the	955
identification of the applicant as a person holding a certificate	956
to practice under this chapter asinformation required by the	957
board considers necessary. The applicant shall include with the	958
application a list of the names and addresses of any clinical	959
nurse specialists, certified nurse-midwives, or certified nurse	960
practitioners with whom the applicant is currently collaborating,	961
as defined in section 4723.01 of the Revised Code. The applicant	962
shall execute and deliver the application to the board by mail or	963
in personin a manner prescribed by the board. Every person	964
registered under this section shall give written notice to the	965
board of any change of principal practice address or residence	966
address or in the list within thirty days of the change.	967

The applicant shall report any criminal offense that	968
constitutes grounds for refusal of registration under section	969
4731.22 of the Revised Code to which the applicant has pleaded	970
guilty, of which the applicant has been found guilty, or for which	971
the applicant has been found eligible for intervention in lieu of	972
conviction, since last signingfiling an application for a	973
certificate of registration.	974

(C) The board shall issue to any person holding a certificate	975
under this chapter to practice medicine and surgery, osteopathic	976
medicine and surgery, or podiatric medicine and surgery, upon	977
application and qualification therefor in accordance with this	978
section, a certificate of registration under the seal of the	979
board. A certificate of registration shall be valid for a two-year	980
period, commencing on the first day of the third month after the	981
registration fee is due and expiring on the last day of the month	982
two years thereafter.	983

The board shall publish and cause to be mailed to each person	984
registered under this section, upon request, a printed list of the	985
persons so registered.	986

(D) Failure of any certificate holder to register and comply	987
with this section shall operate automatically to suspend the	988
holder's certificate to practice. Continued practice after the	989
suspension of the certificate to practice shall be considered as	990
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	991
the Revised Code. If the certificate has been suspended pursuant	992
to this division for two years or less, it may be reinstated. The	993
board shall reinstate a certificate to practice suspended for	994
failure to register upon an applicant's submission of a renewal	995
application, the biennial registration fee, and the applicable	996
monetary penalty. The penalty for reinstatement shall be fifty	997
dollars. If the certificate has been suspended pursuant to this	998
division for more than two years, it may be restored. In	999
accordance withSubject to section 4731.222 of the Revised Code,	1000
the board may restore a certificate to practice suspended for	1001
failure to register upon an applicant's submission of a	1002
restoration application, the biennial registration fee, and the	1003
applicable monetary penalty and compliance with sections 4776.01	1004
to 4776.04 of the Revised Code. The board shall not restore to an	1005
applicant a certificate to practice unless the board, in its	1006
discretion, decides that the results of the criminal records	1007
check do not make the applicant ineligible for a certificate	1008
issued pursuant to section 4731.14, 4731.56, or 4731.57 of the	1009
Revised Code. The penalty for restoration shall be one hundred	1010
dollars. The board shall deposit the penalties in accordance with	1011
section 4731.24 of the Revised Code.	1012

(E) If an individual certifies completion of the number of	1013
hours and type of continuing medical education required to receive	1014
a certificate of registration or reinstatement of a certificate to	1015
practice, and the board finds through the random samples it	1016
conducts under this section or through any other means that the	1017
individual did not complete the requisite continuing medical	1018
education, the board may impose a civil penalty of not more than	1019
five thousand dollars. The board's finding shall be made pursuant	1020
to an adjudication under Chapter 119. of the Revised Code and by	1021
an affirmative vote of not fewer than six members.	1022

A civil penalty imposed under this division may be in	1023
addition to or in lieu of any other action the board may take	1024
under section 4731.22 of the Revised Code. The board shall deposit	1025
civil penalties in accordance with section 4731.24 of the Revised	1026
Code.	1027

(F) The state medical board may obtain information not	1028
protected by statutory or common law privilege from courts and	1029
other sources concerning malpractice claims against any person	1030
holding a certificate to practice under this chapter or practicing	1031
as provided in section 4731.36 of the Revised Code.	1032

(G) Each mailing sent by the board under division (B)(2) of	1033
this section to a person registered to practice medicine and	1034
surgery or osteopathic medicine and surgery shall inform the	1035
applicant of the reporting requirement established by division (H)	1036
of section 3701.79 of the Revised Code. At the discretion of the	1037
board, the information may be included on the application for	1038
registration or on an accompanying page.	1039

Sec. 4731.293.  (A) The state medical board may issue,	1040
without examination, a visiting medical faculty certificate to any	1041
person who holds a current, unrestricted license to practice	1042
medicine and surgery or osteopathic medicine and surgery issued by	1043
another state or country and has been appointed to serve in this	1044
state on the academic staff of a medical school accredited by the	1045
liaison committee on medical education or an osteopathic medical	1046
school accredited by the American osteopathic association. Except	1047
as provided in division (E) of this section, the board shall not	1048
issue more than one visiting medical faculty certificate to any	1049
particular person.	1050

(B) An applicant for a visiting medical faculty certificate	1051
shall submit evidence satisfactory to the board that hethe	1052
applicant meets the requirements of division (A) of this section.	1053
The applicant shall pay a fee of one hundred twenty-fivethree	1054
hundred seventy-five dollars. The board shall maintain a register	1055
of all persons who hold a visiting medical faculty certificate.	1056

(C) The holder of a visiting medical faculty certificate may	1057
practice medicine and surgery or osteopathic medicine and surgery	1058
only as is incidental to hiscertificate holder's teaching duties	1059
at the school or the teaching hospitals affiliated with the	1060
school. The board may revoke a certificate on receiving proof	1061
satisfactory to the board that the holder of the certificate has	1062
engaged in practice in this state outside the scope of the	1063
certificate or that there are grounds for action against himthe	1064
certificate holder under section 4731.22 of the Revised Code.	1065

(D) A visiting medical faculty certificate is valid for the	1066
shorter of one yearthree years or the duration of the holder's	1067
appointment to the academic staff of the school. The certificate	1068
may not be renewed.	1069

(E) If a person was granted a visiting medical faculty	1070
certificate before the effective date of this amendment, the	1071
person may apply for a second visiting medical faculty	1072
certificate, unless the person's first certificate was revoked.	1073
The board may issue the second certificate if the applicant	1074
complies with division (B) of this section.	1075

(F) The board may adopt any rules it considers necessary to	1076
implement this section. The rules shall be adopted in accordance	1077
with Chapter 119. of the Revised Code.	1078

Sec. 4760.131.  On receipt of a notice pursuant to section	1079
2301.3733123.43 of the Revised Code, the state medical board	1080
shall comply with that sectionsections 3123.41 to 3123.50 of the	1081
Revised Code and any applicable rules adopted under section	1082
3123.63 of the Revised Code with respect to a certificate of	1083
registration as an anesthesiologist assistant issued pursuant to	1084
this chapter.	1085

Section 2. That existing sections 3727.01, 3727.02, 3727.321,	1086
3727.41, 4503.44, 4715.62, 4730.03, 4730.09, 4731.15, 4731.155,	1087
4731.19, 4731.281, 4731.293, and 4760.131 of the Revised Code are	1088
hereby repealed.	1089

Section 3. (A) Notwithstanding any conflicting provision of	1090
section 4731.15 of the Revised Code, this section applies to the	1091
renewal of certificates to practice a limited branch of medicine	1092
in the registration period that begins in 2009.	1093

(B) On or before May 1, 2009, the State Medical Board shall	1094
mail or cause to be mailed a renewal notice to each person who	1095
holds a certificate to practice a limited branch of medicine. The	1096
notice shall be sent to the certificate holder's last known	1097
address. Failure to receive a notice from the Board does not	1098
excuse the certificate holder from the requirement to renew the	1099
certificate.	1100

On or before August 31, 2009, each certificate holder seeking	1101
renewal shall apply to the Board and pay the applicable fee	1102
specified in division (C) of this section. If an applicant meets	1103
the requirements for renewal, the Board shall renew the	1104
applicant's certificate to practice for the applicable length of	1105
time specified in division (C) of this section.	1106

(C) In renewing certificates to practice under this section,	1107
the Board shall charge the following fees and use the following	1108
expiration dates:	1109

(1) For applicants whose last name begins with the letters	1110
"A" through "B," the fee shall be forty-five dollars and the	1111
expiration date shall be July 1, 2011.	1112

(2) For applicants whose last name begins with the letters	1113
"C" through "D," the fee shall be forty dollars and the expiration	1114
date shall be April 1, 2011.	1115

(3) For applicants whose last name begins with the letters	1116
"E" through "G," the fee shall be thirty-five dollars and the	1117
expiration date shall be January 1, 2011.	1118

(4) For applicants whose last name begins with the letters	1119
"H" through "K," the fee shall be thirty dollars and the	1120
expiration date shall be October 1, 2010.	1121

(5) For applicants whose last name begins with the letters	1122
"L" through "M," the fee shall be seventy dollars and the	1123
expiration date shall be July 1, 2012.	1124

(6) For applicants whose last name begins with the letters	1125
"N" through "R," the fee shall be sixty-five dollars and the	1126
expiration date shall be April 1, 2012.	1127

(7) For applicants whose last name begins with the letter	1128
"S," the fee shall be sixty dollars and the expiration date shall	1129
be January 1, 2012.	1130

(8) For applicants whose last name begins with the letters	1131
"T" through "Z," the fee shall be fifty dollars and the expiration	1132
date shall be October 1, 2011.	1133

Section 4.  This act is hereby declared to be an emergency	1134
measure necessary for the immediate preservation of the public	1135
peace, health, and safety. The reason for such necessity is to	1136
ensure the continuity of medical care for the citizens of this	1137
state. Therefore, this act shall go into immediate effect.	1138